_________*__________
Saturday, March 10, 2007
SIXTIETH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 9, 2007, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 33, Urging legislative support of communities within the state who are committed
to delivering the five fundamental resources of America's Promise to West Virginia's youth,
H. C. R. 58, Requesting th Joint Committee on Government and Finance direct the
Legislative Oversight Commission on Health and Human Resources Accountability study
rebalancing the long-term care system,
H. C. R. 79, Requesting the Joint Committee on Government and Finance to study West
Virginia's costs for incarceration,
And,
H. C. R. 91, Requesting the Joint Committee on Government and Finance to make a study
on minimizing the school bus transportation times for students in the pre-kindergarten and
elementary grade,
And reports the same back with the recommendation that they each be adopted.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 33 was
taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 58 was
taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 79 was
taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At the respective requests of Delegate DeLong, and by unanimous consent, H. C. R. 91 was
taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Messages from the Executive
Mr. Speaker, Mr. Thompson, laid before the House a communication from His Excellency,
the Governor, which was read by the Clerk as follows:
State of West Virginia
EXECUTIVE DEPARTMENT
At Charleston
March 9, 2007
Executive Message No. 3
2007 Regular Session
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
As empowered by Section 11, Article VII of the Constitution of the State of West Virginia
and section sixteen, article one, chapter five of the Code of West Virginia, I extended relief to the
persons named on the attached report. I submit this report in accordance with the above-cited
provisions for the period March 11, 2006 through March 9, 2007.
Very truly yours,
Joe Manchin III
Governor.
PARDONS AND MEDICAL RESPITES GRANTED
BY GOVERNOR JOE MANCHIN III
FOR THE PERIOD MARCH 11, 2006 THROUGH MARCH 9, 2007
Mlotok, Bianca Nathali
Decided August 8, 2006
In 1994, Ms. Mlotok pleaded guilty to four misdemeanor counts of Aiding and Abetting the
Fraudulent Use of Credit Card. On October 22, 1994, she was sentenced by the Magistrate Court
of Monongalia County to four twelve-hour jail terms to be served concurrently and was assessed fines and costs. Ms. Mlotok successfully fulfilled the terms imposed on her by the court. Since that
time, Ms. Mlotok has maintained herself as a responsible, law-abiding citizen, leading a productive
and contributing lifestyle. The West Virginia Parole Board unanimously recommended that Ms.
Mlotok be granted a full, unconditional and complete pardon.
For these reasons, Governor Manchin granted a full, unconditional and complete pardon to
Bianca Nathali Mlotok for the offense of Aiding and Abetting the Fraudulent Use of a Credit Card.
Terango, Michael Anthony
Decided August 8, 2006
In 1995, Mr. Terango was found guilty of one misdemeanor count of Shoplifting First
Offense. On February 21, 1995, he was assessed fines and costs by the Municipal Court, City of
Morgantown. Mr. Terango fulfilled the requirements of the court. Since that time, Mr. Terango has
maintained himself as a responsible, law-abiding citizen, leading a productive and contributing
lifestyle. The West Virginia Parole Board unanimously recommended that Mr. Terango be granted
a full, unconditional and complete pardon.
For these reasons, Governor Manchin granted a full, unconditional and complete pardon to
Michael Anthony Terango for the offense of Shoplifting First Offense.
NO MEDICATE RESPITES WERE GRANTED DURING THIS PERIOD
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 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.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2348, Prohibiting the seizure of lawfully carried firearms during a
proclaimed state of emergency.
A message from the Senate, by
The Clerk of the Senate, announced the concurrence by the Senate in the House title
amendment to the Senate amendment, and the passage, as amended, of
Com. Sub. for H. B. 2777, Relating to compensation of public school teachers and school
personnel.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate 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
Com. Sub. for S. B. 67, Relating to school access safety generally.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Green, Stollings and Hall.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 319, Authorizing miscellaneous boards and agencies promulgate
legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate 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
S. B. 438, Relating to Investment Management Board.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Foster, McCabe and Hall.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
S. B. 441, Relating to wind power projects tax treatment.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 521, Relating to civil penalties issued for criminal and civil violations
in Hatfield-McCoy Regional Recreation Area.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 523, Consolidating and eliminating certain Division of Motor Vehicles'
fees.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a
Committee of Conference of five from each house on the disagreeing votes of the two houses as to
Com. Sub. for S. B. 541, Relating to public school finance.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Plymale, Edgell, Bailey, Wells and Boley.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to
S. B. 589, Expanding powers and duties of Director of Personnel.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators McCabe, Jenkins, Edgell, Barnes and Boley.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate 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
S. B. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into
certain standards.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Bailey, White and Guills.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 713, Relating to campaign finance filings.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2048, Clarifying public library board service areas as determined by
the Library Commission.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, 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 county in which the library is located. such governmental division or divisions with
reference to their fitness for such office, except that
(b) The board of directors in 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, the initial appointment of the directors a proportionate number shall be appointed for one
year, for two years, for three years, for four years and for five years staggered. and 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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 442), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2048) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2527, Revising the sunrise review process.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page five, section three, line three, after the word "group", by inserting the words "or
organization".
On page eight, after section five, by adding a new section, designated section six, to read as
follows:
"§30-1A-6. Article construction.
(a) Nothing in this article shall be construed as limiting or interfering with the right of any
member of the Legislature to introduce or of the Legislature to consider any bill that would create
a new state governmental department or agency or amend the law with respect to an existing one.
(b) Notwithstanding the provisions of subsection (a) of this section, the recommendations
of the Joint Standing Committee on Government Organization are to be given considerable weight
in determining if a profession or occupation should be regulated, or if the scope of practice of a
regulated profession or occupation should be revised or expanded."
On page one, by amending the enacting section, to read as follows:
"That §30-1A-2a of the Code of West Virginia, 1931, as amended, be repealed; and that §30-
1A-2, §30-1A-3, §30-1A-5 and §30-1A-6 of said code be amended and reenacted, all to read as
follows" followed by a colon.
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 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 re-application 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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 443), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2527) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 444), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2527) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2498, Relating to sexual offenses involving children.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §21-5F-2, §21-5F-3 and §21-5F-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, all to read as follows:
ARTICLE 5F. NURSE OVERTIME AND PATIENT SAFETY ACT.
§21-5F-2. Definitions.
For the purposes of this article:
(1) Hospital, means a facility licensed under the provisions of article five-b, chapter sixteen
of this code, but does not include hospitals operated by state or federal agencies.
(2) Nurse means a certified or licensed practical nurse or a registered nurse who is providing
nursing services and is involved in direct patient care activities or clinical services, but does not
include certified nurse anesthetists. Nurse managers are included with respect to their delivery of in-hospital patient care, but this is in no way intended to impact on their 24-hour management
responsibility for a unit, area or service.
(3) Overtime means the hours worked in excess of an agreed upon, predetermined, regularly
scheduled shift.
(4) Taking action against means discharging; disciplining; threatening; reporting to the board
of nursing; discriminating against; or penalizing regarding compensation, terms, conditions, location
or privileges of employment.
(5) Unforeseen emergent situation means an unusual, unpredictable or unforeseen
circumstance such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather
conditions or natural disasters. An unforeseen emergent situation does not include situations in
which the hospital has reasonable knowledge of increased patient volume or decreased staffing,
including, but not limited to, scheduled vacations and scheduled health care worker medical leave.
§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 through 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) 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) 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 twenty-four hour period. The
nurse is responsible for informing the employer hospital of other employment experience during the
twenty-four 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 places where notices to 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 of
Labor shall keep each complaint anonymous until the commissioner finds that it 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:
(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."
On motion of Delegate DeLong, the House refused to concur in the Senate amendment and
requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2544, Increasing the penalty for driving under the influence causing
death.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section two, line twenty, by striking out the word "three" and inserting in lieu
thereof the word "two".
And,
On page two, section two, line twenty-one, by striking out the word "fifteen" and inserting
in lieu thereof the word "ten".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 445), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2544) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegates Armstead and Carmichael requested that the Clerk record him in the Journal as
voting "Nay" on the motion to concur in the Senate amendment to Com. Sub. for H. B. 2544.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2747, Regulating plumbers and fire protection workers.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"CHAPTER 21. LABOR.
ARTICLE 14. SUPERVISION OF PLUMBING WORK.
§21-14-1. Declaration of purpose.
The provisions of this article are intended to protect the health, safety and welfare of the
public as well as public and private property by assuring the competence of those who perform
plumbing through licensure by the Commissioner of Labor.
§21-14-2. Definitions.
As used in this article:
(a) License means a valid and current license issued by the Commissioner of Labor in
accordance with the provisions of this article.
(b) Journeyman plumber means a person qualified by at least eight thousand hours of
plumbing or related experience and who is competent to instruct and supervise the work of a
plumber in training.
(c) Master plumber means a person with at least twelve thousand hours of plumbing work
experience and who is competent to design plumbing systems, and to instruct and supervise the plumbing work of journeyman plumbers, and plumbers in training.
(d) Plumber in training means a person with interest in and an aptitude for performing
plumbing work but who alone is not capable of performing plumbing work, and who has fewer than
eight thousand hours of plumbing experience.
(e) Plumbing means the practice, materials and fixtures utilized within a building in the
installation, extension and alteration of all piping, fixtures, water treatment devices, plumbing
appliances and appurtenances, in connection with sanitary drainage or storm drainage facilities; the
plumbing venting systems; medical gas systems; fuel oil and gas piping for residential, commercial
and institutional facilities; backflow preventers; and public or private water supply systems, as
defined by the state building code.
(f) Single family dwelling means a building which is occupied as, or designed or intended
for occupancy as, a single residence for one or more persons.
§21-14-3. License required; exemptions.
(a) On and after the first day of January, two thousand nine, a person performing or offering
to perform plumbing work in this state shall have a license issued by the Commissioner of Labor,
in accordance with the provisions of this article.
(b) A person licensed under this article must carry a copy of the license on any job in which
plumbing work is being performed.
(c) This article does not apply to:
(1) A person who personally performs plumbing work on a single family dwelling owned or
leased by that person or by a member of that person's immediate family;
(2) A person who performs plumbing at any manufacturing plant or other industrial
establishment as an employee of the person, firm or corporation operating the plant or establishment;
(3) A person who performs plumbing work while employed by an employer who engages in
the business of selling appliances at retail, so long as such plumbing work is performed incidental
to the installation or repair of appliances sold by the employer;
(4) A person who, while employed by a public utility or its affiliate, performs plumbing in
connection with the furnishing of public utility service;
(5) A person who performs plumbing work while engaging in the business of installing,
altering or repairing water distribution or drainage lines outside the foundation walls of a building,
public or private sewage treatment or water treatment systems including all associated structures or
buildings, sewers or underground utility services;
(6) A person who performs plumbing work while engaged in the installation, extension,
dismantling, adjustment, repair, servicing or alteration of a heating ventilation and air conditioning
(HVAC) system, air-veyor system, air exhaust system or air handling system;
(7) A person who performs plumbing work at a coal mine that is being actively mined or
where coal is being processed; or
(8) A person who performs plumbing work at manufacturing, industrial and natural gas
facilities.
§21-14-4. Rule-making authority.
The Commissioner of Labor shall propose rules for legislative approval, in accordance with
the provisions of article three, chapter twenty-nine-a of this code, for the implementation and
enforcement of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing licenses, including classifications of
licenses as defined in this article, applications, examinations and qualifications;
(2) Provisions for the granting of licenses without examination, to applicants who present
satisfactory evidence of having the expertise required to perform work at the level of the
classifications defined in this article and who apply for licensure on or before the first day of July,
two thousand nine: Provided, That if a license issued under the authority of this subsection
subsequently lapses, the applicant is subject to all licensure requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;
(5) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer
the provisions of this article;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of this article.
§21-14-5. Enforcement.
The Commissioner of Labor and his or her Deputy Commissioner or any compliance officer
of the Division of Labor as authorized by the Commissioner of Labor is authorized to enforce the
provisions of this article, and may, at reasonable hours, enter any building or premises where
plumbing work is performed and issue cease and desist orders for noncompliance.
§21-14-6. Denial, suspension and revocation of license.
(a) The Commissioner of Labor may deny a license to any applicant who fails to comply with
the rules established by the Commissioner of Labor, or who lacks the necessary qualifications.
(b) The Commissioner of Labor may, upon complaint or upon his or her own inquiry, and
after notice to the licensee, suspend or revoke a licensee?s license if:
(1) The license was granted upon an application or documents supporting the application
which materially misstated the terms of the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material misstatement in his or her application
for licensure;
(3) The licensee incompetently or unsafely performs plumbing work; or
(4) The licensee violated any statute of this state, any legislative rule or any ordinance of any
municipality or county of this state which protects the consumer or public against unfair, unsafe,
unlawful or improper business practices.
§21-14-7. Penalties.
(a) On and after the first day of January, two thousand nine, a person performing or offering
to perform plumbing work without a license issued by the Commissioner of Labor, is subject to a cease and desist order.
(b) Any person continuing to engage in plumbing work after the issuance of a cease and
desist order is guilty of a misdemeanor and, upon conviction thereof, is subject to the following
penalties:
(1) For the first offense, a fine of not less than two hundred dollars nor more than one
thousand dollars;
(2) For the second offense, a fine of not less than five hundred dollars nor more than two
thousand dollars, or confinement in jail for not more than six months, or both;
(3) For the third and subsequent offenses, a fine of not less than one thousand dollars nor
more than five thousand dollars, and confinement in jail for not less than thirty days nor more than
one year.
(c) A separate offense means each day, after official notice is given, that a person performs
plumbing work that is unlawful or is not in compliance with the provisions of this article.
(d) The Commissioner of Labor may institute proceedings in the circuit court of the county
where the alleged violation of the provisions of this article occurred or are occurring to enjoin any
violation of any provision of this article. A circuit court by injunction may compel compliance with
the provisions of this article, with the lawful orders of the Commissioner of Labor and with any final
decision of the Commissioner of Labor. The Commissioner of Labor shall be represented in all such
proceedings by the Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the Commissioner of Labor may appeal the
action pursuant to the provisions of chapter twenty-nine-a of this code.
§21-14-8. Inapplicability of local ordinances.
On and after the first day of January, two thousand nine, a political subdivision of this state
may not require, as a condition precedent to the performance of plumbing work in the political
subdivision, a person who holds a valid and current license issued under the provisions of this article,
to have any other license or other evidence of competence as a plumber.
§21-14-9. Disposition of fees.
All fees paid pursuant to the provisions of this article, shall be paid to the Commissioner of
Labor and deposited in a special revenue account with the State Treasurer for the use of the
Commissioner of Labor to enforce the provisions of this article.
CHAPTER 29. MISCELLANEOUS BOARDS AND COMMISSIONS.
ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.
§29-3D-1. Declaration of purpose.
The provisions of this article are intended to protect the health, safety and welfare of the
public as well as public and private property by assuring the competence of those who perform fire
protection work through licensure by the State Fire Marshal.
§29-3D-2. Definitions.
As used in this article:
(a) Fire protection layout technician is an individual who has achieved National Institute
for Certification in Engineering Technologies (NICET) Level III or higher certification, and who has
the knowledge, experience and skills necessary to layout fire protection systems based on
engineering design documents.
(b) Fire protection system means any fire protection suppression device or system designed,
installed and maintained in accordance with the applicable National Fire Protection Association
(NFPA) codes and standards, but does not include public or private mobile fire vehicles.
(c) Fire protection work means the installation, alteration, extension, maintenance, or testing
of all piping, materials and equipment inside a building, including the use of shop drawings prepared
by a fire protection layout technician, in connection with the discharge of water, other special fluids,
chemicals or gases and backflow preventers for fire protection for the express purpose of
extinguishing or controlling fire.
(d) Journeyman sprinkler fitter means a person qualified by at least ten thousand hours of
work experience installing, adjusting, repairing and dismantling fire protection systems and who is competent to instruct and supervise the fire protection work of a sprinkler fitter in training.
(e) License means a valid and current license issued by the State Fire Marshal in accordance
with the provisions of this article.
(f) Sprinkler fitter in training means a person with interest in and an aptitude for performing
fire protection work but who alone is not capable of performing such work, and who has fewer than
ten thousand hours of experience installing, adjusting, repairing and dismantling fire protection
systems.
§29-3D-3. License required; exemptions.
(a) On and after the first day of January, two thousand nine, a person performing or offering
to perform fire protection work in this state shall have a license issued by the State Fire Marshal, in
accordance with the provisions of this article.
(b) A person licensed under this article must carry a copy of the license on any job in which
fire protection work is being performed.
(c) This article does not apply to:
(1) A person who personally performs fire protection work on a single family dwelling owned
or leased, and occupied by that person;
(2) A person who performs fire protection work at any manufacturing plant or other industrial
establishment as an employee of the person, firm or corporation operating the plant or establishment;
(3) A person who, while employed by a public utility or its affiliate, performs fire protection
work in connection with the furnishing of public utility service.
(4) A person who performs fire protection work while engaging in the business of installing,
altering or repairing water distribution or drainage lines outside the foundation walls of a building,
public or private sewage treatment or water treatment systems including all associated structures or
buildings, sewers or underground utility services;
(5) A person who performs fire protection work while engaged in the installation, extension,
dismantling, adjustment, repair or alteration of a heating ventilation and air conditioning (HVAC) system, air-veyor system, air exhaust system or air handling system; or
(6) A person who performs fire protection work at a coal mine that is being actively mined
or where coal is being processed.
§29-3D-4. Rule-making authority.
The State Fire Marshal shall propose rules for legislative approval, in accordance with the
provisions of article three, chapter twenty-nine-a of this code, for the implementation and
enforcement of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing licenses, including classifications of
licenses as defined in this article, applications, examinations and qualifications;
(2) Provisions for the granting of licenses without examination, to applicants who present
satisfactory evidence of having the expertise required to perform work at the level of the
classifications defined in this article and who apply for licensure on or before the first day of July,
two thousand nine: Provided, That if a license issued under the authority of this subsection
subsequently lapses, the applicant is subject to all licensure requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or suspending licenses, including
appeal procedures;
(5) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer
the provisions of this article;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of this article.
§29-3D-5. Enforcement.
The State Fire Marshal and his or her deputy fire marshal, assistant fire marshal or assistant
fire marshal-in-training, is authorized to enforce the provisions of this article, and may, at reasonable
hours, enter any building or premises where fire protection work is performed and issue citations for
noncompliance.
§29-3D-6. Denial, suspension and revocation of license.
(a) The State Fire Marshal may deny a license to any applicant who fails to comply with the
rules established by the State Fire Marshal, or who lacks the necessary qualifications.
(b) The State Fire Marshal may, upon complaint or upon his or her own inquiry, and after
notice to the licensee, suspend or revoke a licensee?s license if:
(1) The license was granted upon an application or documents supporting the application
which materially misstated the terms of the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material misstatement in his or her application
for licensure;
(3) The licensee incompetently or unsafely performs plumbing or fire protection work; or
(4) The licensee violated any statute of this state, any legislative rule or any ordinance of any
municipality or county of this state which protects the consumer or public against unfair, unsafe,
unlawful or improper business practices.
§29-3D-7. Penalties.
(a) On and after the first day of January, two thousand nine, a person performing or offering
to perform fire protection work without a license issued by the State Fire Marshal, is subject to a
citation.
(b) Any person continuing to engage in fire protection work after the issuance of a citation
is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:
(1) For the first offense, a fine of not less than two hundred dollars nor more than one
thousand dollars;
(2) For the second offense, a fine of not less than five hundred dollars nor more than two
thousand dollars, or confinement in jail for not more than six months, or both;
(3) For the third and subsequent offenses, a fine of not less than one thousand dollars nor
more than five thousand dollars, and confinement in jail for not less than thirty days nor more than
one year.
(c) A separate offense means each day, after official notice is given, that a person performs
fire protection work that is unlawful or is not in compliance with the provisions of this article.
(d) The State Fire Marshal may institute proceedings in the circuit court of the county where
the alleged violation of the provisions of this article occurred or are now occurring to enjoin any
violation of any provision of this article. A circuit court by injunction may compel compliance with
the provisions of this article, with the lawful orders of the State Fire Marshal and with any final
decision of the State Fire Marshal. The State Fire Marshal shall be represented in all such
proceedings by the Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the State Fire Marshal may appeal the
action pursuant to the provisions of chapter twenty-nine-a of this code.
§29-3D-8. Inapplicability of local ordinances.
On and after the first day of January, two thousand nine, a political subdivision of this state
may not require, as a condition precedent to the performance of fire protection work in the political
subdivision, a person who holds a valid and current license issued under the provisions of this article,
to have any other license or other evidence of competence as a fire protection worker.
§29-3D-9. Disposition of fees.
All fees paid pursuant to the provisions of this article, shall be paid to the State Fire Marshal
and deposited in a special revenue account with the State Treasurer for the use of the State Fire
Marshal as provided in subsection (c), section twelve-b, article three of this chapter."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 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; rulemaking 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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 446), and there were--yeas
91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles, Ireland, C. Miller, J. Miller, Overington, Romine and Sobonya.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2747) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 447), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2747) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2764, Establishing criminal history checks for applicants for insurance producer licenses.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 12. INSURANCE PRODUCERS AND SOLICITORS.
§33-12-37. Authorization for criminal history record check; fees; rules.
(a) In furtherance of the national goal of promoting uniformity and reciprocity among the
states with regard to producer licensing, this section sets forth the requirements to obtain access to
the Federal Bureau of Investigation Criminal Justice Information Services Division criminal history
record information and to secure information or reports from the Federal Bureau of Investigation
Criminal Justice Information Services Division. The scope of this section is to set forth the
applicability of the criminal history record check to applicants for a home state insurance producer
license.
(b) As used in this section, the following terms have the meanings ascribed in this subsection,
unless a different meaning is clearly required by the context:
(1) 'Applicant' means a natural person applying for:
(A) An initial home state license as an insurance producer;
(B) An additional line of authority under an existing home state insurance producer license
where a criminal history record check has not been obtained; or
(C) A resident insurance producer license under change of home state provisions.
'Applicant' does not mean a person applying for renewal or continuation of a home state
insurance producer license or a nonresident insurance producer license.
(2) 'Fingerprint' means an impression of the lines on the finger taken for the purpose of
identification. The impression may be obtained electronically or in ink converted to an electronic
format.
(c) In order to make a determination of license eligibility, the commissioner is authorized to
require fingerprints of applicants and to submit the fingerprints and the fee required to perform the
criminal history record checks to the West Virginia State Police and to the Federal Bureau of
Investigation for the state and national criminal history record checks.
(d) The commissioner shall require a criminal history record check on each applicant in
accordance with this section. The commissioner shall require each applicant to submit a full set of
fingerprints, including a scanned file from a hard copy fingerprint, in order for the commissioner to
obtain and receive national criminal history records from the Federal Bureau of Investigation
Criminal Justice Information Services Division.
(e) The commissioner shall collect a fee from each applicant in an amount established by
rule. The amount of the fee must be sufficient to cover:
(1) The cost of the collection and transmittal of fingerprints by persons, including local law
enforcement agencies that are approved by the commissioner to capture fingerprints, to the West
Virginia State Police and the Federal Bureau of Investigation; and
(2) The cost of any amounts charged by the State Police and the Federal Bureau of
Investigation to perform the criminal history record checks.
(f) The commissioner may contract for the collection and transmission of fingerprints
authorized under this section and may order that the fee for collecting and transmitting fingerprints
be payable directly by the applicant to the contractor.
(g) The commissioner is authorized to receive criminal history record information directly
from the Federal Bureau of Investigation, in lieu of via transmission of the information from the
Federal Bureau of Investigation to the West Virginia State Police.
(h) The commissioner shall treat and maintain an applicant's fingerprints and any criminal
history record information obtained under this section as confidential and shall apply security
measures consistent with the Federal Bureau of Investigation Criminal Justice Information Services
Division standards for the electronic storage of fingerprints and necessary identifying information. The commissioner shall limit the use of records solely to the purposes authorized in this section. The
fingerprints and the criminal history record information in the custody of the commissioner are not
subject to subpoena, other than one issued in a criminal action or investigation; are confidential by
law and privileged; and are not subject to discovery or admissible in evidence in any private civil
action.
(i) The commissioner shall promulgate emergency rules pursuant to the provisions of section
fifteen, article three, chapter twenty-nine-a of this code as are necessary for the administration of this
section, including rules governing the issuance of provisional producer licences pending receipt of
the criminal background check."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 448), and there were--yeas
95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Fleischauer, Lane and Sobonya.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2764) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2770, Enhancing penalties for certain acts against court security personnel.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, 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."
And,
By amending the title of the bill to read as follows:
H. B. 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'."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment
with amendment, as follows:
On page one, by amending the title of the bill to read as follows:
H. B. 2770 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended; relating to court security personnel and Public Service Commission motor carrier
inspector and enforcement officer; enhancing penalties for certain acts against court security
personnel and Public Service Commission motor carrier inspector and enforcement officer; defining
'court security personnel' and 'Public Service Commission motor carrier inspector and enforcement
officer'; and incorporating certain acts previously enacted by the Legislature during the 2007 regular
session."
The bill, as amended by the Senate, and as further amended by the Senate, was then put upon
its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 449), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2770) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2800, Relating to the practice of medical imaging and radiation therapy.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page twenty-five, section twelve, line nine, after the word "assistant" by inserting the
words "or dental hygienist".
And,
On page fifty-six, section thirty, line four, by striking out the word "ten" and inserting in lieu thereof the word "twelve".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 450), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2800) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Helmick, Edgell and Guills.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Kominar, Barker and Evans.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 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 motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page four, section two, lines twenty-nine and thirty, by striking out the words "Governor's
civil contingent fund pursuant to section eighteen, article one, chapter five of this code" and inserting
in lieu thereof the words "State Treasury, General Fund".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 451), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2801) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 452), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2801) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2804, Eliminating time schedules for utility relocation on highway
projects.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §17-4-17b, §17-4-47, §17-4-48 and §17-4-49 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; and that said code be amended by adding thereto a new article,
designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6 and §17-27-7, all to read
as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-17b. Relocation of public utility lines on highway construction projects.
(a) Whenever the division reasonably determines that any public utility line or facility located
upon, across or under any portion of a state highway needs to be removed, relocated or adjusted in
order to accommodate a highway project, the division shall give to the utility reasonable notice in
writing sixty days' written notice as mutually agreed, but not to exceed eighteen months directing
it to begin the physical removal, relocation or adjustment of such utility obstruction or interference
at the cost of the utility, including construction inspection costs and in compliance with the rules of
the division and the provisions of article three, chapter twenty-nine-a of this code.
(b) If such the notice is in conjunction with a highway improvement project, it will be
provided at the date of advertisement or award. Prior to the notice directing the physical removal,
relocation or adjustment of a utility line or facility, the utility shall adhere to the division's utility
relocation procedures for public road improvements which shall include, but not be limited to, the
following:
(1) The division will submit to the utility a letter and a set of plans for the proposed highway improvement project;
(2) The utility must within a reasonable time within twenty days, submit to the division a
written confirmation acknowledging receipt of the plans and a declaration of whether or not its
facilities are within the proposed project limits and the extent to which the facilities are in conflict
with the project;
(3) If the utility is adjusting, locating or relocating facilities or lines from or into the
division's right-of-way, the utility must submit to the division plans showing existing and proposed
locations of utility facilities. These utility plans must be submitted to the division within thirty days
of receipt of the highways plans or such longer time as may be provided in the letter accompanying
the highway plans.
(4) The utility's submission shall include with the plans a working time analysis work plan
demonstrating that the utility adjustment, location or relocation will be accomplished in a manner
and time frame established by the division's written procedures and instructions. Such working time
The work plan shall specify the order and calendar days for removal, relocation or adjustment of the
utility from or within the project site and any staging property acquisition compensable work or other
special requirements needed to complete the removal, relocation or adjustment. The division may
shall approve the work plan, including any requests for compensation, submitted by a utility for a
highway improvement project if it is submitted within the established schedule and does not
adversely affect the letting date. The division will review the work plan to ensure compliance with
the proposed improvement plans and schedule.
(b) If the utility does not thereafter begin removal within the time specified in the work plan,
the division may give the utility a final notice directing that such removal shall commence not later
than ten days from the receipt of such final notice. If the utility does not, within the ten days from
receipt of the final notice, begin to remove or relocate the facility or, having so begun removal or
relocation, thereafter fails to complete the removal or relocation within the time specified by the
work plan, the division may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, materials and other
necessary services to accomplish the removal or relocation, and the expenses of such removal may
be paid and collected as provided at law. If additional utility removal, relocation, or adjustment
work is found necessary after the letting date of the highway improvement project, the utility shall
provide a revised work plan within thirty calendar days after becoming aware of such additional
work or upon receipt of the division's written notification advising of such additional work. The
utility's revised work plan shall be reviewed by the division to ensure compliance with the highway
project or improvement.
(c) In addition to the foregoing, the owner of the utility shall be responsible for and liable to
the division or its contractors for damages resulting from its failure to comply with the submitted and
approved work plan. If the utility owner fails to provide a work plan or fails to complete the
removal, relocation, or adjustment of its facilities in accordance with the work plan approved by the
division, the owner shall be liable to the contractor for all delay costs and liquidated damages
incurred by the contractor which are caused by or which grow out of the failure of the utility owner
to provide a work plan or a revised work plan or to complete its work in accordance with the
approved work plan. The division may withhold approval of permits for failure of the utility owner
to comply with the requirements of this section. If additional utility removal, relocation, or
adjustment work is found necessary after the letting date of the highway improvement project, the
utility shall provide a revised work plan within thirty calendar days after receipt of the division's
written notification of the additional work. The utility's revised work plan shall be reviewed by the
division to ensure compliance with the highway project or improvement. The division shall
reimburse the utility for work performed by the utility that must be performed again as the result of
a plan change on the part of the division.
(d) Should the utility fail to comply with the notice to remove, relocate or adjust, the utility
is liable to the division for direct contract damages, including costs, fees, penalties or other contract
charges, for which the division is proven to be liable to a contractor caused by the utility's failure to timely remove, relocate or adjust, unless a written extension is granted by the division. The utility
shall not be liable for any delay or other failure to comply with a notice to remove, relocate or adjust
that is not solely the fault of the utility, including but not limited to the following:
(1) The division has not performed its obligations in accordance with the division's rules;
(2) The division has not obtained all necessary rights-of-way that affect the utility;
(3) The delay or other failure to comply by the utility is due to the division's failure to
manage schedules and communicate with the utility;
(4) The division seeks to impose liability on the utility based solely upon oral
communications or communications not directed to the utility's designated contact person;
(5) The division changes construction plans in any manner following the notice to remove
or relocate and the change affects the utility's facilities; or,
(6) Other good cause, beyond the control of and not the fault of the utility, including but not
limited to, labor disputes, unavailability of materials on a national level, act of God, or extreme
weather conditions.
(e) In order to avoid construction delays and to create an efficient and effective highway
program, the division may schedule program meetings with the public utility on a quarterly basis to
assure that schedules are maintained.
§17-4-47. Access from commercial, etc., property and subdivisions to highways -- Purposes
of regulation; right of access; provisions inapplicable to controlled-access
facilities; removal of unauthorized access; bond for access.
(a) Access to and from state highways from and to Reciprocal access between state highways
and real property used or to be used for commercial, industrial or mercantile purposes or from and
to and reciprocal access between state highways and real property that is subdivided into lots is a
matter of public concern and shall be regulated by the state road commissioner Commissioner of
Highways to achieve the following purposes:
(1) To provide for maximum safety of persons traveling upon, entering or leaving state highways;
(2) To provide for efficient and rapid movement of traffic upon state highways;
(3) To permit proper maintenance, repair and drainage of state highways; and
(4) To facilitate appropriate public use of state highways.
(b) Except where the right of access has been limited by or pursuant to law, every owner or
occupant of real property abutting upon any existing state highway has a right of reasonable means
of ingress to and egress from such state highway consistent with those policies expressed in
subsection (a) of this section and any regulations issued by the commissioner under section
forty-eight of this article.
(c) If the construction, relocation or reconstruction of any state highway, to be paid for, in
whole or in part, with federal or state road funds, results in the abutment of real property as defined
in subsection (a) of this section on such the state highway that did not previously abut on it, no rights
of direct access shall accrue because of such abutment, but. However, the commissioner may
authorize and or limit access, if any, from an abutting property if the property is compatible with the
policies stated in said subsection (a) of this section and any regulations issued by the commissioner
under as authorized by section forty-eight of this article.
(d) The policies expressed in this section are applicable to state highways generally and shall
in no way limit the authority of the state road commissioner Commissioner of Highways to establish
controlled-access facilities under the provisions of sections thirty-nine through forty-six, inclusive,
of this article.
(e) Any unauthorized access to a state highway may be removed, blocked, barricaded or
closed in any manner deemed considered necessary by the commissioner to protect the safety of the
public and enforce the policies of this section and sections forty-eight, forty-nine and fifty of this
article.
(f) As a condition of granting access to a state highway, the commissioner shall require the
owners of real property developed or to be developed to provide a bond in an amount the commissioner determines necessary to compensate the division for improvements to highway
facilities required as a result of the development. This bond shall be held a minimum of ten years.
§17-4-48. Same -- Regulations by commissioner.
The state road commissioner The Commissioner of Highways is hereby authorized to issue
reasonable regulations as follows:
To promulgate and promote a legislative rule or rules specifying standards for the location,
design and construction of facilities that maximize the safety and convenience of our citizens to state
highways and any other regulations legislative rules necessary to carry out the policies stated in
section forty-seven of this article. Such regulations legislative rules may be based upon any or all
of the following:
(a) Standards suggested by any public organization or political body concerned with highway
or traffic safety; or
(b) Studies, surveys or reports made for the commissioner or for any other governmental
agency; or
(c) Any other data deemed considered relevant by the commissioner. Regulations affecting
access previously issued by the commissioner or the state road commission division shall continue
in effect until altered or withdrawn by the commissioner.
§17-4-49. Same -- Points of commercial, etc.; access to comply; plans, objections and
procedures for new points; review of and changes in existing points;
commissioner's preliminary determination.
(a) No new points of access to and from state highways from and to real property used or to
be used for commercial, industrial or mercantile purposes shall be opened, constructed or maintained
without first complying with the provisions of this section and sections forty-seven and forty-eight
of this article. Access points opened, constructed or maintained without such compliance are
deemed unauthorized.
(b) Plans of for any such new point of access shall be submitted to the state road commissioner Commissioner of Highways directly and the following rules shall apply:
(1) Notice of the proposed new point of access shall be filed with the commissioner, along
with a plan of the proposed new point of access.
(2) The commissioner shall review the plan to ensure compliance with the policies stated in
section forty-seven of this article and with any regulations issued by the commissioner under section
forty-eight of this article.
(3) The commissioner If the commissioner objects to a plan, he or she shall reduce his or her
objections to the proposed new point of access, if any, to writing and promptly furnish notice of such
the objection to the owner or owners of the real property affected and advise the owner or owners
of their the right to demand a hearing thereon on the proposed plan and the objections. A plan not
so If a plan is not objected to within six weeks from the time it is filed with the commissioner shall
be deemed to have been , it is considered approved by the commissioner.
(4) In any case where the commissioner so objects to the proposed new point of access, the
owner or owners of the real property affected shall have reasonable opportunity for a hearing on such
objections.
(c)(1) Existing points of access to and from state highways from and to real property used
for commercial, industrial or mercantile purposes may be reviewed by the commissioner to
determine whether such points of access comply with the policies stated in section forty-seven of this
article and with any regulations issued by the commissioner under section forty-eight of this article.
The commissioner may direct reasonable changes in existing points of access to and from state
highways from and to property used for commercial, industrial or mercantile purposes if he or she
determines from accident reports or traffic surveys that the public safety is seriously affected by such
points of access and that such reasonable changes would substantially reduce the hazard to public
safety. When such changes require construction, reconstruction or repair, such work shall be done
at state expense as any other construction, reconstruction or repair.
(2) If the commissioner makes a preliminary determination that any such changes should be made, the following rules shall apply:
(A) The commissioner shall reduce his or her preliminary determination to writing and
promptly furnish notice of such preliminary determination to the owner or owners of the real
property affected and of their right to demand a hearing thereon on the preliminary determination.
Such The commissioner's notice shall include a description of suggested changes deemed by the
commissioner suitable to reduce suitable for reducing the hazard to the public safety.
(B) In any case where the commissioner makes a preliminary determination that any such
changes should be made, the owner or owners of the real property affected shall have reasonable
opportunity for a hearing on such the preliminary determination.
ARTICLE 27. WEST VIRGINIA COMMUNITY EMPOWERMENT TRANSPORTATION
ACT.
§17-27-1. Short title.
The provisions of this article shall be known and referred to as the West Virginia Community
Empowerment Transportation Act.
§17-27-2. Legislative findings.
The Legislature finds as follows:
(1) That a broad and unified system should be continued and persistently upgraded by state
law for financing, planning, designing, constructing, expanding, improving, maintaining and
controlling the transportation facilities that together comprise the transportation infrastructure of this
state;
(2) That, in addition to traditional means and methods of putting transportation facilities into
place, a significant contribution to a system as described in subdivision one of this section can be
made by public-private partnerships that will assist federal, state and local governments in their
efforts to meet the evolving needs of governmental entities, industry, labor, commerce, and, most
importantly, the citizens of this state;
(3) That available public funding and other resources necessary to provide for an adequate or more than adequate transportation infrastructure have not kept pace with the needs of the
governmental entities that are charged with financing, developing and maintaining an optimal
transportation infrastructure in this state;
(4) That investment in transportation infrastructure by private entities should be facilitated,
and innovative financing mechanisms should be encouraged and developed, so as to utilize private
capital and other funding sources to supplement governmental actions taken in support of
transportation projects, to the end that the financial and technical expertise and other experience of
private entities regarding the development of transportation facilities may be garnered and put into
service on behalf of the state;
(5) That public and private entities should have a clear and well-designed statutory
framework to work within that allows for flexibility in contracting with each other as they seek to
develop projects for transportation facilities and attendant services that are the subject of this article;
and
(6) That the provisions of this article should not be limited by any rule of strict construction,
but should be liberally construed to effect the legislative purpose of conceiving and creating a
modern transportation infrastructure under the leadership and guidance of governmental entities,
with corresponding and cooperative assistance, under appropriate circumstances, by public-private
partnerships, inuring to the benefit and prosperity of the state and the welfare of its citizens.
§17-27-3. Applicability of definitions; definitions.
For the purposes of this article, the words or terms defined in this section, and any variation
of those words or terms required by the context, have the meanings ascribed to them in this section.
These definitions are applicable unless a different meaning clearly appears from the context.
(1) Affected local jurisdiction means any county or incorporated municipality of this state
in which all or any part of a transportation facility is or will be located, or any other local public
entity, including, but not limited to, a public service district or highway authority or highway
association that is directly affected by an existing or proposed transportation facility.
(2) Commissioner means the Commissioner of Highways who is the chief executive officer
of the Division of Highways.
(3) Department means the West Virginia Department of Transportation.
(4) Division refers to the Division of Highways, a division within the West Virginia
Department of Transportation.
(5) Highway authority or highway association means any entity created by the Legislature
for the advancement and improvement of the state road and highway system, including, but not
limited to, the New River Parkway Authority, Midland Trail Scenic Highway Association, Shawnee
Parkway Authority, Corridor G Regional Development Authority, Coalfields Expressway Authority,
Robert C. Byrd Corridor H Highway Authority, West Virginia 2 and I-68 Authority, Little Kanawha
River Parkway Authority, King Coal Highway Authority, Coal Heritage Highway Authority, Blue
and Gray Intermodal Highway Authority and the West Virginia Eastern Panhandle Transportation
Authority or, if an authority is abolished, any entity succeeding to the principal functions of the
highway authority or to whom the powers given to the highway authority are given by law.
(6) Private entity means any natural person, corporation, general partnership, limited liability
company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit
entity or other business entity.
(7) Project costs means capital costs, costs of financing, planning, designing, constructing,
expanding, improving, maintaining or controlling a transportation facility, the cost of land,
equipment, machinery, installation of utilities and other similar expenditures and all other charges
or expenses necessary, appurtenant or incidental to the foregoing.
(8) Public-private partnership means a consortium that includes the Division of Highways,
a political subdivision of this state, a public service district, a highway authority or any combination
thereof, together with a private entity or entities, which proposes to finance, plan, design, construct,
expand, improve, maintain or control a transportation facility.
(9) Public service district means a public corporation or political subdivision of this state created pursuant to the provisions of section two, article thirteen-a, chapter sixteen of this code.
(10) Revenue means all revenue, income, earnings, user fees, lease payments or other
service payments arising out of or in connection with supporting the development or operation of
a transportation facility, including, without limitation, money received as grants or otherwise from
the United States of America, from any public entity or from any agency or instrumentality of the
foregoing in aid of such transportation project, moneys generated by way of contract, pledge,
donation, bequest or bonds and moneys generated by taxes which are authorized to be assessed and
levied by the Legislature or another governmental body.
(11) Secretary means the Cabinet Secretary of the West Virginia Department of
Transportation.
(12) Transportation facility means a highway, road, bridge, tunnel, overpass, ferry, airport,
public transportation facility, vehicle parking facility, riverport facility, rail facility, intermodal
facility or other similar facility open to the public and used for the transportation of persons or goods
and any building, structure, parking area, appurtenances or other properties and structures needed
to operate a transportation facility.
(13) Transportation project means a project or proposal intended to finance, plan, design,
construct, expand, improve, maintain or control a transportation facility as an element of the
transportation infrastructure of this state. The term transportation project does not include any
project that would otherwise be under the authority of the Public Port Authority, the Aeronautics
Commission or the Parkways, Economic Development and Tourism Authority.
(14) User fee means the rate, toll, fee or other charges imposed by an operator for use of all
or a part of a transportation facility.
(15) Utility means a privately, publicly or cooperatively owned line, facility or system for
producing, transmitting or distributing communications, cable television, power, electricity, light,
heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage,
or any other similar commodity, including fire or police signal system or street lighting system, which directly or indirectly serves the public.
§17-27-4. Entities required to submit project plans generally; commissioner's powers and
duties to implement the act; transportation project plan requirements;
financing options; Division of Highways plan review; proprietary information.
(a) A governmental entity seeking state funds for a transportation project shall submit a
transportation project plan to the commissioner. The commissioner shall review the proposed
transportation project plan and the proposed financing for the project and shall encourage project
sponsors to pursue alternative funding sources. Alternative funding sources may include, without
limitation, utilization of tax increment financing, issuance of general obligations bonds, revenue
bonds or anticipation notes, cooperation with other governmental units and utilities, dedicated user
fees and public-private partnerships.
(b) To implement and carry out the intent of this article, the commissioner shall propose
legislative rules in accordance with article three, chapter twenty-nine-a of this code. The
commissioner shall establish comprehensive, uniform guidelines in order to evaluate any
transportation project plan. The guidelines shall address the following:
(1) The use of alternative sources of funding which could finance all or a part of the
transportation project;
(2) The transportation needs of the region;
(3) Project costs;
(4) Whether dedicated revenues from a project sponsor are offered for project costs;
(5) Available federal and state funds;
(6) The degree to which the transportation project impacts other infrastructure projects and
implements cost-effective and efficient development of transportation projects with other
infrastructure improvements;
(7) The cost effectiveness of the transportation project as compared with alternatives which
achieve substantially the same economic development benefits;
(8) The project sponsor's ability to operate and maintain the transportation project or finance
the continued operation and maintenance of the transportation project if approved;
(9) The degree to which the transportation project achieves other state or regional planning
goals;
(10) The estimated date upon which the transportation project could commence if funding
were available and the estimated completion date of the transportation project; and
(11) Other factors the commissioner considers necessary or appropriate to accomplish the
purpose and intent of this article.
(c) The commissioner shall create a transportation project plan application form which shall
be used by all project sponsors requesting funding assistance from the state for transportation
projects. The application shall require a preliminary proposal which shall include:
(1) The projected type and location of the transportation project;
(2) The estimated total project cost of the transportation project;
(3) The amount of funding assistance desired and the specific uses of the funding;
(4) Other sources of funding available or potentially available for the transportation project;
(5) Information demonstrating the need for the transportation project and documentation that
the proposed funding of the project is the most economically feasible alternative to completing the
transportation project;
(6) A timeline for activities to be performed by the project sponsor and affected local
jurisdictions;
(7) A statement setting forth the financing of the project costs, including the sources of the
funds and identification of any dedicated revenues, proposed debt, tax increment financing plans,
issuance of bonds or notes, in-kind services or equity investment of project sponsors;
(8) A list of public utilities that can be constructed in coordination with the transportation
project and a statement of the plans to accommodate such;
(9) The names and addresses of the persons who may be contacted for further information concerning the transportation project;
(10) A statement of the projected availability and use of dedicated revenues including user
fees, lease payments and other service payments over time; and
(11) Other information as the commissioner considers necessary to enable the review of the
transportation project.
(d) The commissioner may also require the submission of geographic information system
mapping of the transportation project and electronic filing of the preliminary proposal. If the
preliminary proposal is approved by the commissioner for a further detailed review, the division shall
advise the project sponsor of the estimated cost of a detailed review. The project sponsor must
deposit with the division a bond, irrevocable letter of credit or other acceptable instrument
guaranteeing payment by the project sponsor of the actual costs incurred by the division, to a
maximum of the estimated costs, for a detailed review prior to the initiation of the detailed review.
(e) In evaluating any transportation project, the commissioner may rely upon internal staff
reports or the advice of outside advisors or consultants.
(f) The commissioner shall encourage collaboration among project sponsors, affected local
jurisdictions and private entities through intergovernmental agreements and public-private
partnerships including, without limitation, recommending the amounts and sources of funding which
affected local jurisdictions or project sponsors may pursue, which state transportation or
infrastructure agency or agencies may be consulted for appropriate investment of public funds and
alternatives to carry out the intent of this article.
(g) The commissioner may recommend to the Governor those transportation projects which
are a prudent and resourceful expenditure of funds and which utilize alternative funding sources.
No proposal may be recommended or approved which is inconsistent with the division's twenty-year
long range plans or other transportation plans.
(h) The commissioner shall prepare and publish an annual report of activities and
accomplishments and submit it to the Governor and to the Joint Committee on Government and Finance on or before the fifteenth day of December of each year. Further, the commissioner shall
prepare and transmit annually to the Governor and the Legislature a report outlining alternative road
funding models and incentive packages. The report may also recommend legislation relating to
third-party donation of funds, materials or services, federal credit instruments, secured loans, federal
Transportation Infrastructure Finance and Innovation Act funds, state infrastructure banks (SIBS),
private activity bonds or other matters respecting transportation considered by the commissioner to
be in the public interest. The commissioner may consider alternatives to the current system of taxing
highway use through motor vehicle fuel taxes including, without limitation, pilot programs for
testing technology and methods for the collection of mileage fees.
(i) The commissioner shall take appropriate action to protect proprietary and trade secret
information, which shall be exempt from the requirements of chapter twenty-nine-b of this code.
§17-27-5. County fees for transportation projects; general obligation and revenue bonds;
election and notice requirements; credit for municipal service fees.
(a) Notwithstanding any code provisions to the contrary, the county commission of each
county shall have the authority to impose by order upon users of a transportation project reasonable
fees to be collected in the manner specified in the order for transportation projects. No order
imposing a fee is effective until it is ratified by a majority of the legal votes cast by the qualified
voters of the county at a primary or general election. The ballot question must set forth the fee, the
manner in which it will be imposed and the general use to which the proceeds of the fee shall be put.
(b) Every county commission is hereby empowered and authorized to issue, in the manner
prescribed by law, revenue bonds or general obligation bonds for the purpose of raising or dedicating
revenue to establish, construct, improve, extend, develop, maintain or operate a transportation project
or to refund any bonds of the counties, the proceeds of which were expended in establishing,
constructing, improving, extending, developing, maintaining or operating a transportation project
or any part thereof. Bonds issued for any of the purposes stated in this section shall contain in the
title or subtitle thereto the words transportation project, in order to identify the same, and shall be of such form, denomination and maturity and shall bear such rate of interest as fixed by order of the
county commission. The county commission may provide for the issuance of bonds for other lawful
purposes of the county in the same order in which provisions shall be made for the issuance of bonds
under the provisions of this section. The county commission shall pay all of the costs and expenses
of any election held to authorize the issuance of transportation project bonds. Whenever the county
commission and the requisite majority of the legal votes cast at the election thereon shall authorize
in the manner prescribed by law, the issuance of bonds for the purpose of establishing, constructing,
improving, extending, developing, maintaining, operating or any combination of the foregoing, a
transportation project or for the purpose of refunding any outstanding bonds, the proceeds of which
were applied to any of the foregoing purposes, the bonds shall be issued and delivered to the county
commission to be sold by it in the manner prescribed by law and the proceeds thereof shall be paid
into the county commission and the same shall be applied and utilized by the county commission for
the purposes prescribed by the order authorizing the issuance of the bonds. In any order for the
issuance of bonds, it shall be a sufficient statement of the purposes for creating the debt to specify
that the same is for the purpose of establishing, constructing, improving, extending, developing,
maintaining or operating, or any combination of the foregoing, a transportation project and further
specifying the particular establishment, construction, improvement, extension, development,
maintenance or operation contemplated; and an order for refunding bonds shall designate the issue
and the number of bonds which it is proposed to refund.
(c) For the purposes of this section, a county commission is authorized to sue and be sued;
make contracts and guarantees; incur liabilities; borrow or lend money for any time period
considered advisable by the county commission; sell, mortgage, lease, exchange, transfer or
otherwise dispose of its property; or pledge its property as collateral or security for any time period
considered advisable by the commission. All sales, leases or other disposition of real property
acquired with state road funds or federal funds, or of real property dedicated to the state road system,
must be done in accordance with applicable federal and state law and may be done only with the approval of the commissioner. Further, a county commission is authorized to create trusts as will
expedite the efficient management of transportation projects and other assets owned or controlled
by the county commission. The trustee, whether individual or corporate, in any trust shall have a
fiduciary relationship with the county commission and may be removed by the county commission
for good cause shown or for a breach of the fiduciary relationship with the county commission.
Nothing in this article is considered to effect a waiver of the sovereign, constitutional or
governmental immunity of the state or its agencies.
(d) No revenue bonds or general obligation bonds may be issued under this section until all
questions connected with the bonds are first submitted to a vote of the qualified voters of the county
for which the bonds are to be issued and receive a majority of all the votes cast for and against the
issuance. The ballot question must set forth: (1) The necessity for issuing the bonds; (2) the purpose
or purposes for which the proceeds of bonds are to be expended; (3) the total indebtedness, bonded
or otherwise; (4) the amount of the proposed bond issue; (5) the maximum term of bonds and series;
(6) the maximum rate of interest; (7) the date of election; and (8) whether the county commission
is collecting fees authorized by this section to provide funds for the payment of the interest upon the
bonds and the principal at maturity and the approximate amount of fees necessary for this purpose.
(e) Notice of election on an order imposing a fee authorized by this section shall be given by
publication, within fourteen consecutive days next preceding the date of the election, as a Class II
legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code
and the publication area for publication shall be the county. All of the provisions of the general
election laws of this state concerning primary or general elections, when not in conflict with the
provisions of this section, shall apply to elections hereunder, insofar as practicable. If a majority of
the legal votes cast upon the question be against the imposition of a fee or issuance of a bond
provided by this section, such shall not take effect, but the question may again be submitted to a vote
at any subsequent election in the manner herein provided.
(f) All money collected or appropriated by a county commission under this section for a transportation project shall be deposited in a special account and disbursed for the purpose of
dedicating revenues to a transportation project.
(g) The powers conferred by this article are in addition and supplemental to any other powers
conferred upon county commissions by the Legislature relating to streets, road maintenance or to
construct and maintain transportation facilities.
(h) In the event rates, fees and charges imposed by a governing body of any municipality
pursuant to section eight, article thirteen, section thirteen of this code are applied to street, bridge or
road maintenance, construction, cleaning or street lighting, persons subject to both a county fee
authorized by this section and the municipal fee shall be entitled to a full credit equivalent to the
municipal fee against the county fee authorized by this section.
§17-27-6. Commissioner's authority over transportation projects accepted into the state road
system; use of state road funds.
Notwithstanding anything in this article to the contrary, the commissioner shall have final
approval of any transportation project, however, no state road funds may be used, singly or together
with funds from any other source, for any purpose or in any manner contrary to or prohibited by the
constitution and laws of this state or the federal government or where such use, in the sole discretion
of the commissioner, would jeopardize receipt of federal funds.
All transportation projects that are accepted as part of the state road system, and all real
property interests and appurtenances, are under the exclusive jurisdiction and control of the
commissioner, who may exercise the same rights and authority as he or she has over other
transportation facilities in the state road system. As a condition of acceptance of a transportation
project into the state road system, the commissioner may require that the project sponsor provide a
dedicated revenue source for the continued operation and maintenance of the transportation project.
No state road funds may be used to finance a transportation project without the written
approval of the commissioner.
§17-27-7. Coordination and development of transportation projects with other infrastructure; information sharing; agreements among municipal utilities and public service
districts to participate in transportation projects; rates to include costs borne by
municipal utilities and public service districts in coordination with
transportation projects; exemption from Public Service Commission approval.
(a) The commissioner shall encourage the joint and concurrent development and construction
of transportation projects with other infrastructure including, without limitation, water and sewer
infrastructure.
(b) To coordinate and integrate the planning of transportation projects among local
jurisdictions, all governing bodies, units of government, municipal utilities and public service
districts within the affected local jurisdiction shall cooperate, participate, share information and give
input when a project sponsor prepares a transportation project plan.
(c) Pursuant to this section, municipal utilities and public service districts are granted the
authority to enter into agreements with any project sponsor for the purpose of constructing new
infrastructure facilities or substantially improving or expanding infrastructure facilities in
conjunction with a transportation project and dedicating revenue or contributing moneys to
transportation project costs. Each agreement shall contain at a minimum engineering and
construction standards, terms regarding the revenue sources, allocation of project costs and
confirmation that the agreement does not violate any existing bond covenants. No infrastructure
facilities shall be located or relocated within a right-of-way in, or to be included within, the state
road system except in accordance with transportation project plans approved by the commissioner.
(d) The rates charged by a municipal utility or public service district to customers in an
affected local jurisdiction may include the additional cost borne by the municipal utility or public
service district as a result of entering into an agreement with a project sponsor to contribute monies
or dedicate revenue to transportation project costs.
(e) Nothing contained in this article shall be construed to affect the authority of the
Department of Environmental Protection nor the authority of the Department of Health and Human Resources pursuant to the provisions of this code.
(f) Nothing contained in this article shall be construed to give the Public Service Commission
authority to regulate or intervene in the approval and construction of any transportation project or
any agreement between a project sponsor and a municipal utility or public service district under the
provisions of this article."
On motion of Delegate DeLong, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Tabb and Wysong requested that the Clerk record them in the Journal as voting
"Nay" on the motion to refuse to concur with the Senate amendment to Com. Sub. for H. B. 2804.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 3006, Limiting the number of terms a member of the Board of Physical Therapy may
serve.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, 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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 453), and there were--yeas
97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3006) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 454), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3006) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 3184, Relating to confidentiality, disclosure and authorization for disclosure of mental
health information.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 3. 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) (2) 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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 455), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3184) passed.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax.
On motion of Delegate DeLong, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Campbell, Carmichael and Yost.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 185, Creating Tobacco Settlement Finance Authority.
On motion of Delegate DeLong, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Campbell, Doyle and Anderson.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 36 - "Requesting the Division of Highways name the bridge at the Right Hand Fork
of Gilbert Creek in 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 the bridge at the
Right Hand Fork of Gilbert Creek in 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 39 - "Requesting the Division of Highways name the Gilbert Creek bridge on U. S.
Route 52 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 on U. S. Route 52 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 44 - "Requesting the Division of Highways name the bridge 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 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 56 - "Requesting the Joint Committee on Government and Finance study current law
and practice of mass tort litigation related to exposure to asbestos and silica."
Whereas, Asbestos is a mineral that was used extensively in industrial applications,
especially during the period from 1940 through the 1970s; and
Whereas, Silica is a naturally occurring mineral used in the production of glass, ceramics
and buildings materials; and
Whereas, It has been indisputably determined that exposure to asbestos and silica can lead
to deteriorating health and sometimes death; and
Whereas, Thousands of West Virginians have been exposed to asbestos and silica over the
years; and
Whereas, A significant number of lawsuits have been filed in West Virginia and elsewhere,
sometimes with hundreds, even thousands, of litigants; and
Whereas, The aforementioned lawsuits have exposed certain businesses to significant
monetary liability; and
Whereas, Controversy has arisen in the areas of compensable injury, medical standards of
disability degree of impairment and other areas which may be amenable to fair resolution through
legislation; and
Whereas, It is inherently the duty of the Legislature to protect the legal rights of individuals
and corporate citizens alike; and
Whereas, It is also the duty of the Legislature to do what is in its power to ensure its
citizens' access to the courts; and
Whereas, The amount of litigation has put strain on the state's judicial system; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current
law and practice of mass tort litigation related to exposure to asbestos and silica; 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 60 - "Requesting the Joint Committee on Government and Finance study the role
of principals in public schools of the state."
Whereas, School principals are held accountable by state law for the administrative and
instructional supervision of the public school or schools to which they are assigned, including the
planning, management, operation and evaluation of the total education program; and
Whereas, The role of principals in assignment, promotion, transfer and dismissal of all
personnel assigned to the school or schools under their control is limited to submitting
recommendations to the county superintendents; and
Whereas, The state has adopted as a priority the goal of providing well-trained, highly
qualified principals for public schools and has made findings that the quality of the principal of a
school is one of the most important factors in determining the academic achievement of students;
and
Whereas, In the past decade, the role of school principals has become more complex and their primary mission has evolved from instructional leadership to administration of a system of
rewards and punishments and serving as inspirational leaders having little real authority to influence
behavior; and
Whereas, The expanded workload, complexity and amount of information, chaotic work
environment, new federal mandates and changing public expectations for principals as managers
leave little time to devote to defining and communicating goals, monitoring and providing feedback
on the teaching and learning process, and promoting and emphasizing the importance of professional
development; and
Whereas, Principals are pressured by parents, local communities, constituent organizations
and state policymakers to be accountable for everything that takes place within their buildings, but
the reality of shared decisionmaking necessitates meetings, negotiations and delegation of
responsibilities that discourage principals from functioning as effective and efficient leaders; and
Whereas, Principals are held accountable as instructional leaders, but have little time to
spend on evaluation, instruction and curriculum, concentrating instead, almost wholly, on reactive
management issues such as discipline and public relations while leaving instructional matters to the
discretion of teachers; and
Whereas, Education policymakers emphasize substitutes for instructional leadership,
including provision of support functions such as technical assistance, incentives, commitment to
innovation and technology and assessment of student progress; and
Whereas, School districts tend to divide their organizational structures into three parts:
Administration, which includes the superintendent and deputy, principals and assistant principals
and teachers; school support, which includes curriculum, professional development and assessment;
and operations, which administers personnel, finance and budgeting, and legal and public
information functions; and
Whereas, Professionals in administration are held accountable for student achievement, but
various individuals in school support control curriculum and how money is spent; and
Whereas, This organizational structure within local school districts means that as
professional educators seek career opportunities beyond the classroom, they must choose either an
administrative track or a school support track, but cannot choose both. Those entering
administration de-emphasize teaching and learning, focusing on administrative competencies and
devoting little time or attention to questions of curriculum and professional development, while those
in the school support track give little attention to details and demands of day-to-day school
operations; and
Whereas, These organizational structures which cause principals to retreat from their
traditional role as instructional leaders also are heightened by teacher empowerment movements
which tend to regard intervention or oversight by principals as an intrusion on the teachers'
professional judgment and prerogatives; and
Whereas, All these factors discourage principals from developing to their fullest capacity
as school leaders and from promoting a culture of learning and high expectations within their
schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the role
of principals in public schools of the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study include
principal selection process, principal empowerment, instructional leadership, workload, performance
incentives, site-based management and accountability, classroom performance standards,
professional development, organizational structures, incentives to attract classroom teachers to serve
as principals, school climate and student achievement; 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 61 - "Authorizing the issuance of revenue bonds payable from the State Excess
Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and
structures for state community and technical colleges."
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West
Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery
revenues; and
Whereas, The West Virginia Higher Education Policy Commission is a governmental
instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections
one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two,
chapter twenty-nine of the code of West Virginia, 1931, as amended, a special revenue fund within
the State Lottery Fund in the State Treasury was established and is known as the State Excess Lottery
Revenue Fund. From this fund the State Lottery Commission is to deposit $15 million annually to
the Higher Education Improvement Fund for higher education; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two,
chapter twenty-nine of the Code of West Virginia, 1931, as amended, the adoption of a concurrent
resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the
bonds from the Higher Education Improvement Fund for higher education. The bonds may be issued
by the Higher Education Policy Commission, payable from the Higher Education Improvement Fund
for higher education, and as may be authorized by the commission, from revenues pledged from required educational and general capital fees. The Lottery Commission shall deposit into the Higher
Education Improvement Fund for higher education, created pursuant to said section, the sum of $5
million in each fiscal year to be used to pay debt service on the revenue bonds issued by the
commission to finance improvements for state community and technical colleges. The revenues
pledged for the repayment of principal and interest of these bonds may also include required
educational and general capital fees authorized by sections one and eight, article ten, chapter
eighteen-b of said code; and
Whereas, Every issue of the Commission's bonds shall be special obligations of the
Commission, payable solely from the educational and general capital fees, the State Excess Lottery
Revenue Fund and such other sources as may be authorized by the commission; and
Whereas, The bonds shall be authorized by resolution of the commission, shall bear the
date, shall mature at time or times, not exceeding 40 years from the date of issue, and shall bear such
rate or rates of interest as the resolution may provide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the issuance of revenue bonds payable from the State
Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities,
buildings and structures for state community and technical colleges; and, be it
Further Resolved, That the Higher Education Policy Commission may pledge for the
repayment of principal and interest of revenue bonds issued pursuant to sections one and eight,
article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, the revenues in the
Higher Education Improvement Fund for higher education authorized by section eighteen-a, article
twenty-two, chapter twenty-nine of said code and other revenues as may be authorized by the
commission. The revenues pledged for the repayment of principal and interest of such bonds may
also include educational and general capital fees authorized by sections one and eight, article ten,
chapter eighteen-b of said code; and, be it
Further Resolved, That every issue of its bonds shall be special obligations of the commission, payable solely from the educational and general capital fees or other sources available
to the commission which are pledged therefor, including the higher education improvement fund for
higher education; and, be it
Further Resolved, That, upon resolution of the commission, the funds deposited into the
Higher Education Improvement Fund for higher education shall be deposited into the special Capital
Improvement Fund created under section eight, article ten, chapter eighteen-b of the Code of West
Virginia, 1931, as amended, and used to pay debt service on bonds authorized to be issued pursuant
to this resolution and any funds not so applied may be used by the commission only to make capital
improvements at community and technical colleges; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor and the Higher Education Policy Commission.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 69 - "Requesting the Joint Committee on Government and Finance study statutory
provisions for annexation of unincorporated territory by municipal corporations."
Whereas, The annexation provisions of article six, chapter eight of the Code of West
Virginia regarding annexation of unincorporated territory by municipal corporations greatly affects
citizens in both the municipality and the county involved in the annexation process; and
Whereas, There are potential savings to municipalities and counties involved in the
annexation process and citizens may benefit from improvements in the accountability and public
discussion of annexation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study statutory
provisions for annexation of unincorporated territory by municipal corporations; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the
provisions for annexation of unincorporated territory by municipal corporations to ensure
accountability, fairness and the furtherance of the public policies contained in the Consolidated Local
Government Act; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the cost
effectiveness of the annexation process to ensure the financial soundness of any annexation plan and
the provision of all necessary public services to both the municipality and the unincorporated
territory affected; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 70 - "Requesting the Division of Highways name bridge number 02-13-1.56 (4913)
in Martinsburg, Berkeley County, the 'C. Vincent Townsend, Sr., Bridge'."
Whereas, C. Vincent Townsend, Sr., was born in Martinsburg, Berkeley County, on May
25, 1923, the son of Clarence William and Roxie Mae Townsend; and
Whereas, C. Vincent Townsend, Sr., graduated from Martinsburg High School, Potomac
State College, West Virginia University and the Medical College of Virginia. Dr. Townsend served
as a physician in the United States Navy at the Portsmouth Naval Hospital and on the USS
Adirondack, an amphibious command ship, during the Korean War; and
Whereas, Dr. Townsend has practiced internal medicine and cardiology for more than 40
years in his hometown of Martinsburg; and
Whereas, Dr. Townsend was awarded the West Virginia State Medical Association
"Physician of the Year Award" in 2000 and Dr. Townsend helped establish the local Heart
Association, a pediatric heart clinic and the Shriner's Hospital Evaluation and Fund drives. He also
acted as a cardiology consultant at the local Veterans' Administration hospital. Former Governor
Jay Rockefeller appointed Dr. Townsend as Medical Director of Emergency Medical Services in
regions eight and nine and, in this capacity, he participated in the establishment of the 911 service
and a paramedic training program; and
Whereas, Dr. Townsend has served as Master of his local Freemason lodge in Martinsburg
and is a past Grandmaster of the Grand Lodge of West Virginia. He has enjoyed a long and active
membership in the local Rotary Club. Other positions and affiliations include the presidency of
King's Daughter's Hospital and City Hospital staff, Eastern Panhandle Medical Society, Eastern
Panhandle Heart Association, Junior Board of Trade, Eastern Panhandle Shrine Club, Burke Street
School PTA and Medical College of Virginia Valley Chapter and West Virginia Chapter. He is a
past director of the local Chamber of Commerce, past director of the West Virginia Heart
Association, past director of Old National Bank and One Valley Bank and director emeritus of
Branch Banking and Trust. He has been a member of the Sons of the American Revolution, Elks,
Sons of Confederate Veterans, American Legion and numerous other organizations, not the least of
which is the Exhausted Roosters which, in 1972, gave him honor by naming him the Exuberant
Gizzard of the Exhausted Roosters; and
Whereas, Dr. Townsend and his wife of 57 years, Sarah Francis, have three sons: Clarence
Vincent Townsend, Jr., a hospital administrator, Gary Miles Townsend, a physician and attorney,
and Robin Wade Townsend, a doctor of veterinary medicine. Dr. Townsend and his wife also have
seven grandchildren; and
Whereas, Dr. Townsend has devoted his life and energies to his family, his medical profession, his patients, his community, the State of West Virginia and his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 02-13-
1.56 (4913) in Martinsburg, Berkeley County, the "C. Vincent Townsend, Sr., Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "C. Vincent Townsend, Sr., Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to Dr. C. Vincent Townsend, Sr.
Special Calendar
Third Reading
Com. Sub. for S. B. 425, Relating to Water Pollution Control Revolving Fund loans; on
third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page two, following the enacting section, by inserting the following:
"CHAPTER 16. PUBLIC HEALTH.
ARTICLE 13E. COMMUNITY ENHANCEMENT ACT.
§16-13E-2. Definitions.
For purposes of this article:
(a) 'Assessment bonds' means special obligation bonds or notes issued by a community
enhancement district which are payable from the proceeds of assessments.
(b) 'Assessment' means the fee, including interest, paid by the owner of real property located
within a community enhancement district to pay for the cost of a project or projects constructed upon
or benefitting or protecting such property and administrative expenses related thereto, which fee is
in addition to all taxes and other fees levied on the property.
(c) 'Board' means a community enhancement board created pursuant to this article.
(d) 'Code' means the code of West Virginia, one thousand nine hundred thirty-one, as amended.
(e) 'Community enhancement district' or 'district' means a community enhancement district
created pursuant to this article.
(f) 'Cost' means the cost of:
(1) Construction, reconstruction, renovation and acquisition of all lands, structures, real or
personal property, rights, rights-of-way, franchises, easements and interests acquired or to be
acquired by the district;
(2) All machinery and equipment, including machinery and equipment needed to expand or
enhance county or city services to the district;
(3) Financing charges and interest prior to and during construction and, if deemed advisable
by the district or governing body, for a limited period after completion of the construction;
(4) Interest and reserves for principal and interest, including costs of municipal bond
insurance and any other type of financial guaranty;
(5) Costs of issuance in connection with the issuance of assessment bonds;
(6) The design of extensions, enlargements, additions and improvements to the facilities of
any district;
(7) Architectural, engineering, financial and legal services;
(8) Plans, specifications, studies, surveys and estimates of costs and revenues;
(9) Administrative expenses necessary or incident to determining to proceed with any project;
and
(10) Other expenses as may be necessary or incident to the construction, acquisition and
financing of a project.
(g) 'County commission' means the governing body of a county as defined in section one,
article one, chapter seven of this code.
(h) 'Governing body' means, in the case of a county, the county commission and in the case
of a municipality, the mayor and council together, the council or the board of directors, as charged with the responsibility of enacting ordinances and determining the public policy of such
municipality.
(i) 'Governmental agency' means the state government or any agency, department, division
or unit thereof; counties; municipalities; any watershed enhancement districts, soil conservation
districts, sanitary districts, public service districts, drainage districts, school districts, urban renewal
authorities or regional governmental authorities established pursuant to this code.
(j) 'Municipality' means a municipality as defined in section two, article one, chapter eight
of this code.
(k) 'Person' means an individual, firm, partnership, corporation, voluntary association or any
other type of entity.
(l) 'Project' means the design, construction, reconstruction, establishment, acquisition,
improvement, renovation, extension, enlargement, equipping, maintenance, repair (including
replacements) and start-up operation of water source of supply, treatment, transmission and
distribution facilities, sewage treatment, collection and transmission facilities, stormwater systems,
police stations, fire stations, libraries, museums, schools, other public buildings, hospitals, piers,
docks, terminals, drainage systems, culverts, streets, roads, bridges (including approaches,
causeways, viaducts, underpasses and connecting roadways), motor vehicle parking facilities
(including parking lots, buildings, ramps, curb-line parking, meters and other facilities deemed
necessary, appropriate, useful, convenient or incidental to the regulation, control and parking of
motor vehicles), public transportation, public recreation centers, public recreation parks, swimming
pools, tennis courts, golf courses, equine facilities, motor vehicle competition and recreational
facilities, flood protection or relief projects, or the grading, regrading, paving, repaving, surfacing,
resurfacing, curbing, recurbing, widening, lighting or otherwise improving any street, avenue, road,
highway, alley or way, or the building or renewing of sidewalks and flood protection; and the terms
shall mean and include any project as a whole, and all integral parts thereof, including all necessary,
appropriate, useful, convenient or incidental appurtenances and equipment in connection with any one or more of the above.
§16-13E-4. Petition for creation or expansion of community enhancement district; petition
requirements.
(a) The owners of at least sixty-one percent of the real property, determined by acreage,
located within the boundaries of the area described in the petition, by metes and bounds or otherwise
in a manner sufficient to describe the area, may petition a governing body to create or expand a
community enhancement district.
(b) The petition for the creation or expansion of a community enhancement district shall
include, where applicable, the following:
(1) The proposed name and proposed boundaries of such district and a list of the names and
addresses of all owners of real property within the proposed district;
(2) A detailed project description;
(3) A map showing the proposed project, including all proposed improvements;
(4) A list of estimated project costs and the preliminary plans and specifications for such
improvements, if available;
(5) A list of nonproject costs and how they will be financed;
(6) A consultant study outlining the projected assessments, setting forth the methodology for
determining the assessments and the methodology for allocating portions of an initial assessment
against a parcel expected to be subdivided in the future to the various lots into which the parcel will
be subdivided and demonstrating that such assessments will adequately cover any debt service on
bonds issued to finance the project and ongoing administrative costs;
(7) A development schedule;
(8) A list of recommended members for the board;
(9) If the project includes water, wastewater or sewer improvements, written evidence from
the utility or utilities that will provide service to the district, if any, that said utility or utilities:
(A) Currently has adequate capacity to provide service without significant upgrades or modifications to its treatment, storage or source of supply facilities;
(B) Will review and approve all plans and specifications for the improvements to determine
that the improvements conform to the utility's reasonable requirements and, if the improvement
consists of water transmission or distribution facilities, that the improvements provide for adequate
fire protection for the district; and
(C) If built in conformance with said plans and specifications, will accept the improvements
following their completion, unless such projects are to be owned by the district;
(10) If the project includes improvements other than as set forth in subdivision (9) of this
subsection that will be transferred to another governmental agency, written evidence that such
agency will accept such transfer, unless such projects are to be owned by the district;
(11) The benefits that can be expected from the creation of the district and the project; and
(12) A certification from each owner of real property within the proposed district who joins
in the petition that he or she is granting an assessment against his or her property in such an amount
as to pay for the costs of the project and granting a lien for said amount upon said property
enforceable in accordance with the provision of this article.
(c) After reviewing the petition presented pursuant to this section, the governing body may
by order or ordinance determine the necessity and economic feasibility of creating a community
enhancement district and developing, constructing, acquiring, improving or extending a project
therein. If the governing body determines that the creation of a community enhancement district and
construction of the project is necessary and economically feasible, it shall set a date for the public
meeting required under section five of this article and shall cause the petition to be filed with the
clerk of the county commission or the clerk or recorder of the municipality, as the case may be, and
be made available for inspection by interested persons before the meeting.
(d) Notwithstanding any other provision of this article to the contrary, nothing in this article
shall modify:
(1) The jurisdiction of the public service commission to determine the convenience and necessity of the construction of utility facilities, to resolve disputes between utilities relating to
which utility should provide service to a district or otherwise to regulate the orderly development
of utility infrastructure in the state; or
(2) The authority of the infrastructure and jobs development council as to the funding of
utility facilities to the extent that loans, loan guarantees, grants or other funding assistance from a
state infrastructure agency are involved.
§16-13E-6. Creation of community enhancement district; community enhancement district to
be a public corporation and political subdivision; powers thereof; community
enhancement boards.
(a) Each community enhancement district shall be created by adoption or enactment of an
order or ordinance.
(b) From and after the date of the adoption or enactment of the order or ordinance creating
a community enhancement district, it shall thereafter be a public corporation and political
subdivision of this state, but without any power to levy or collect ad valorem taxes. Each community
enhancement district is hereby empowered and authorized, in addition to any other rights, powers
and authorities conferred upon it in this article or elsewhere in this code, to:
(1) Acquire, own and hold, in its corporate name, by purchase, lease, right of eminent
domain, gift or otherwise, such property, both real and personal and other interests in real estate, or
any other property, whether tangible or intangible, as may be necessary or incident to the planning,
financing, development, construction, acquisition, extension, improvement and completion of a
project;
(2) Design, plan, finance, develop, construct, acquire, extend, improve and complete one or
more projects and assess the cost of all or any portion of a project on real property located within the
community enhancement district;
(3) Sue or be sued;
(4) Establish a bank account or accounts in its name;
(5) Enter into agreements or other transactions with any person or governmental agency
necessary or incident to the development, planning, construction, acquisition or improvement of a
project or for the operation, maintenance or disposition of a project or for any other services required
by a project;
(6) Annually, on or before the seventh day of June, certify to the sheriff of the county in
which the property is located the assessments granted against all property in the district for inclusion
in the tax ticket;
(7) Expend funds to acquire, or construct part of a project on property located outside of a
community enhancement district, and for any work undertaken thereon, as may be necessary or
incident to the completion of a project;
(8) Enter into agreements with one or more counties, municipalities, public service districts
or community enhancement districts to plan, develop, construct, acquire or improve a project jointly;
(9) Accept appropriations, gifts, grants, bequests and devises and use or dispose of the same
to carry out its corporate purpose;
(10) Make and execute contracts, releases, assignments, compromises and other instruments
necessary or convenient for the exercise of its powers, or to carry out its corporate purpose;
(11) Have a seal and alter the same;
(12) Raise funds by the issuance and sale of assessment bonds;
(13) Obtain options to acquire real property, or any interest therein, by purchase, lease or
otherwise, which is found by the board to be suitable as a site, or part of a site, for the construction
of a project;
(14) Pledge funds generated by assessments in a district or proceeds from the sale of
assessment bonds to payment of debt service on tax increment financing obligations issued under
article eleven-b, chapter seven of this code, for the period of time determined by the community
enhancement board; and
(15) Take any and all other actions consistent with the purpose of this article and not in violation of the constitution of this state as may be necessary or incident to the construction and
completion of a project.
(c) Notwithstanding the powers granted to community enhancement districts in subsection
(b) of this section or as otherwise provided in this code, no community enhancement district may
expend funds to assist any utility to upgrade, improve, modify, repair or replace the utility's existing
storage, treatment or source of supply facilities, whether such existing facilities are located within
or outside of the district.
(d)(c)The powers of each community enhancement district shall be vested in and exercised
by a community enhancement board which shall be composed of five members, four of whom shall
be appointed by the governing body of the county or municipality in which the community
enhancement district is located and one of whom shall be the sheriff or his or her designee of the
county or the treasurer or his or her designee of the municipality (or such other person serving in an
equivalent capacity if there is no treasurer), as the case may be, in which the community
enhancement district is located. At least three members of the board shall be residents of the
assessment district: Provided, That should less than three persons reside within the boundaries of
the community enhancement district, then at least three members of the board shall be residents of
the county or municipality, as the case may be: Provided, however, That if no persons reside within
the boundaries of the community enhancement district then at least three members must be approved
by the owner or owners of the land. No more than three initial members of the board may be from
the same political party.
(e)(d) The four members appointed by the governing body shall be appointed for overlapping
terms of four years each and thereafter until their respective successors have been appointed and
have qualified. For the purpose of initial appointments, one member shall be appointed for a term
of four years; one member shall be appointed for a term of three years; one member shall be
appointed for a term of two years; and one member shall be appointed for a term of one year.
Members may be reappointed for any number of terms. Before entering upon the performance of his or her duties, each member shall take and subscribe to the oath required by section five, article IV
of the constitution of this state. Vacancies shall be filled by appointment by the governing body of
the county or municipality creating the assessment district for the unexpired term of the member
whose office shall be vacant and such appointment shall be made within thirty days of the occurrence
of such vacancy. Any such member may be removed by the governing body which appointed such
member in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
Members shall be entitled to no more than fifty dollars per meeting and reasonable expenses
associated with their services.
(f)(e) The board shall organize within thirty days following the first appointments and
annually thereafter at its first meeting after the first day of January of each year by selecting one of
its members to serve as chairman, one to serve as treasurer and one to serve as secretary. The
secretary, or his or her designee, shall keep a record of all proceedings of the board which shall be
available for inspection as other public records, and the treasurer or his or her designee shall
maintain records of all financial matters relating to the community enhancement district, which shall
also be available for inspection as other public records. Duplicate records shall be filed with the clerk
or recorder, as the case may be, of the county or municipality which created the community
enhancement district and shall include the minutes of all board meetings. The secretary and treasurer
shall perform such other duties pertaining to the affairs of the community enhancement district as
shall be prescribed by the board.
(g)(f) The members of the board, and the chairman, secretary and treasurer thereof, shall
make available to the governing body responsible for appointing the board, at all times, all of its
books and records pertaining to the community enhancement district's operation, finances and affairs
for inspection and audit. The board shall meet at least semiannually.
(h)(g) A majority of the members of the board constitutes a quorum and meetings shall be
held at the call of the chairman.
(i)(h) Staff, office facilities and costs of operation of the board may be provided by the county or municipality which created the community enhancement district or by contract and said costs of
operations shall be funded from assessments collected within the district.
(j)(i) The chairman shall preside at all meetings of the board and shall vote as any other
members of the board, but if he or she should be absent from any meeting the remaining members
may select a temporary chairman, and if the member selected as chairman resigns as such or ceases
for any reason to be a member of the board, the board shall select one of its members as chairman
to serve until the next annual organizational meeting.
(k)(j) The board shall, by resolution, determine its own rules of procedure, fix the time and
place of its meetings and the manner in which special meetings may be called. The members of the
board shall not be personally liable or responsible for any obligations of the assessment district or
the board but are answerable only for willful misconduct in the performance of their duties.
(l)(k) The official name of a community enhancement district created under the provisions
of this article may contain the name of the county or municipality, as the case may be, in which it
is located.
(m)(l) Notwithstanding any provision in this code to the contrary, the power and authority
hereby conferred on community enhancement districts may extend within the territory of a public
service district created under section two, article thirteen-a of this chapter.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES,
COMMISSIONS AND COMPACTS."
And,
On page one, by amending the enacting section to read as follows:
"That §16-13E-2, §16-13E-4, and §16-13E-6 of the code of West Virginia, 1931, as
amended, be amended and reenacted; and that §22C-2-1 and §22C-2-5 of said code be amended and
reenacted, all to read as follows" followed by a colon.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 456), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 425) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 425 - "A Bill to amend and reenact §16-13E-2, §16-13E-4, and §16-
13E-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22C-2-1 and
§22C-2-5 of said code, all relating to enhancement of existing public infrastructure funding sources;
adding water treatment and waste water treatment as authorized projects in community enhancement
districts; expanding the definition of 'local entity' for purposes of eligibility for funding from the
Water Pollution Control Revolving Fund; and authorizing the Water Development Authority to take
security or other interest in certain property to secure loans made from the Fund."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 447, Regulating opioid treatment centers; on third reading, coming up
in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk, on
page two, following the enacting section, by striking out the remainder of the bill and inserting in
lieu thereof the following:
"§16-1-4. Proposal of rules by the secretary.
The secretary may propose rules, in accordance with the provisions of article three, chapter
twenty-nine-a of this code, that are necessary and proper to effectuate the purposes of this chapter.
The secretary may appoint or designate advisory councils of professionals in the areas of hospitals,
nursing homes, barbers and beauticians, postmortem examinations, mental health and mental retardation centers and any other areas necessary to advise the secretary on rules.
The rules may include, but are not limited to, the regulation of:
(a) Land usage endangering the public health: Provided, That no rules may be promulgated
or enforced restricting the subdivision or development of any parcel of land within which the
individual tracts, lots or parcels exceed two acres each in total surface area and which individual
tracts, lots or parcels have an average frontage of not less than one hundred fifty feet even though
the total surface area of the tract, lot or parcel equals or exceeds two acres in total surface area, and
which tracts are sold, leased or utilized only as single family dwelling units. Notwithstanding the
provisions of this subsection, nothing in this section may be construed to abate the authority of the
department to: (1) Restrict the subdivision or development of a tract for any more intense or higher
density occupancy than a single family dwelling unit; (2) propose or enforce rules applicable to
single family dwelling units for single family dwelling unit sanitary sewerage disposal systems; or
(3) restrict any subdivision or development which might endanger the public health, the sanitary
condition of streams or sources of water supply;
(b) The sanitary condition of all institutions and schools, whether public or private, public
conveyances, dairies, slaughterhouses, workshops, factories, labor camps, all other places open to
the general public and inviting public patronage or public assembly, or tendering to the public any
item for human consumption, and places where trades or industries are conducted;
(c) Occupational and industrial health hazards, the sanitary conditions of streams, sources
of water supply, sewerage facilities and plumbing systems and the qualifications of personnel
connected with any of those facilities, without regard to whether the supplies or systems are publicly
or privately owned; and the design of all water systems, plumbing systems, sewerage systems,
sewage treatment plants, excreta disposal methods and swimming pools in this state, whether
publicly or privately owned;
(d) Safe drinking water, including:
(1) The maximum contaminant levels to which all public water systems must conform in order to prevent adverse effects on the health of individuals, and, if appropriate, treatment techniques
that reduce the contaminant or contaminants to a level which will not adversely affect the health of
the consumer. The rule shall contain provisions to protect and prevent contamination of wellheads
and well fields used by public water supplies so that contaminants do not reach a level that would
adversely affect the health of the consumer;
(2) The minimum requirements for: Sampling and testing; system operation; public
notification by a public water system on being granted a variance or exemption or upon failure to
comply with specific requirements of this section and rules promulgated under this section; record
keeping; laboratory certification; as well as procedures and conditions for granting variances and
exemptions to public water systems from state public water systems rules; and
(3) The requirements covering the production and distribution of bottled drinking water and
may establish requirements governing the taste, odor, appearance and other consumer acceptability
parameters of drinking water;
(e) Food and drug standards, including cleanliness, proscription of additives, proscription of
sale and other requirements in accordance with article seven of this chapter as are necessary to
protect the health of the citizens of this state;
(f) The training and examination requirements for emergency medical service attendants and
emergency medical care technician-paramedics; the designation of the health care facilities, health
care services and the industries and occupations in the state that must have emergency medical
service attendants and emergency medical care technician-paramedics employed and the availability,
communications and equipment requirements with respect to emergency medical service attendants
and to emergency medical care technician-paramedics: Provided, That any regulation of emergency
medical service attendants and emergency medical care technician-paramedics shall not exceed the
provisions of article four-c of this chapter;
(g) The health and sanitary conditions of establishments commonly referred to as bed and
breakfast inns. For purposes of this article, "bed and breakfast inn" means an establishment providing sleeping accommodations and, at a minimum, a breakfast for a fee: Provided, That the
secretary may not require an owner of a bed and breakfast providing sleeping accommodations of
six or fewer rooms to install a restaurant style or commercial food service facility: Provided,
however, That the secretary may not require an owner of a bed and breakfast providing sleeping
accommodations of more than six rooms to install a restaurant-type or commercial food service
facility if the entire bed and breakfast inn or those rooms numbering above six are used on an
aggregate of two weeks or less per year;
(h) Fees for services provided by the bureau for public health including, but not limited to,
laboratory service fees, environmental health service fees, health facility fees and permit fees;
(i) The collection of data on health status, the health system and the costs of health care;
(j) Opioid treatment programs duly licensed and operating under the requirements of chapter
twenty-seven of this code. The Health Care Authority shall develop new certificate of need
standards, pursuant to the provisions of article two-d of this chapter, that are specific for opioid
treatment program facilities. No applications for a certificate of need for opioid treatment programs
shall be approved by the Health Care Authority as of the effective date of the two thousand seven
amendments to this subsection, which shall extend until the Legislature determines the adequacy of
the standards and the necessity for additional opioid treatment programs. The secretary shall
promulgate revised emergency rules to govern such licensed programs: Provided, That there shall
be a moratorium on the licensure of new opioid treatment programs that do not have a certificate of
need as of the effective date of the two thousand seven amendments to this subsection, which shall
continue until the Legislature determines that there is a necessity for additional opioid treatment
facilities in West Virginia. The secretary files shall file revised emergency rules with the secretary
of state to regulate such opioid programs in compliance with subsections (1) through (9), inclusive,
of this section: Provided, That any opioid treatment program facility that has received a certificate
of need pursuant to article two-d, of this chapter by the Health Care Authority shall not be permitted
to proceed to license and operate the facility. All existing opioid treatment programs shall be in compliance within one hundred eighty days of the effective date of this rule; and the revised
emergency rules as required herein. The revised emergency rules shall provide at a minimum:
(1) That the initial assessment prior to admission for entry into the opioid treatment program
shall include an initial drug test to determine whether an individual is either opioid addicted or
presently receiving methadone for an opioid addiction from another opioid treatment program. The
patient may be admitted to the program if there is a positive test for either opioids or methadone or
there are objective symptoms of withdrawal, or both, and all other criteria set forth in the rule for
admission into an opioid treatment program are met: Provided, That admission to the program may
be allowed to the following groups with a high risk of relapse without the necessity of a positive test
or the presence of objective symptoms: Pregnant women with a history of opioid abuse, prisoners
or parolees recently released from correctional facilities, former clinic patients who have successfully
completed treatment but who believe themselves to be at risk of imminent relapse and HIV patients
with a history of intravenous drug use.
(2) That within seven days of the admission of a patient, the opioid treatment program shall
complete an initial assessment and an initial plan of care. Subsequently, the opioid treatment
program shall develop a treatment plan of care by the thirtieth day after admission and attach to the
patient's chart no later than five days after such plan is developed. The treatment plan is to reflect
that detoxification is an option for treatment and supported by the program.
(3) That each opioid treatment program shall report and provide statistics to the Department
of Health and Human Resources at least semi annually which includes the total number of patients;
the number of patients who have been continually receiving methadone treatment in excess of two
years, including the total number of months of treatment for each such patient; the state residency
of each patient; the number of patients discharged from the program, including the total months in
the treatment program prior to discharge and whether the discharge was for:
(A) Termination or disqualification;
(B) Completion of a program of detoxification;
(C) Voluntary withdrawal prior to completion of all requirements of detoxification as
determined by the opioid treatment program; or
(D) An unexplained reason.
(4) That random drug testing of patients be conducted during the course of treatment. For
purposes of these rules, random drug testing shall mean that each patient of an opioid treatment
program facility has a statistically equal chance of being selected for testing at random and at
unscheduled times. Any refusal to participate in a random drug test shall be considered a positive
test: Provided, That nothing contained in this section or the legislative rules promulgated in
conformity herewith will preclude any opioid treatment program from administering such additional
drug tests as determined necessary by the opioid treatment program.
(5) That all random drug tests conducted by an opioid treatment program shall, at a
minimum, test for the following:
(A) Opiates, including oxycodone at common levels of dosing;
(B) Methadone and any other medication used by the program as an intervention;
(C) Bezodiazepines including diazepam, lorazepan, clonazepam and alprazolam;
(D) Cocaine;
(E) Methamphetamine or amphetamine; and
(F) Other drugs determined by community standards, regional variation or clinical indication.
A positive test shall be a test that results in the presence of any drug or substance listed in this
schedule and any other drug or substance prohibited by the opioid treatment program;
(6) That a positive drug test result after the first six months in an opioid treatment program
shall result in the following:
(A) Upon the first positive drug test result, the opioid treatment program shall:
(1) Provide mandatory and documented weekly counseling to the patient, which shall include
weekly meetings with a counselor who is licensed, certified or enrolled in the process of obtaining
licensure or certification in compliance with the rules and on staff at the opioid treatment program;
(2)Immediately revoke the take home methadone privilege for a minimum of thirty days; and
(3) Begin administering twice per week drug tests during the period of weekly couseling.
(B) Upon a second positive drug test result within six months of a previous positive drug test
result, the opioid treatment program shall:
(1) Provide mandatory and documented weekly counseling, which shall include weekly
meetings with a counselor who is licensed, certified or enrolled in the process of obtaining licensure
or certification in compliance with the rules and on staff at the opioid treatment program;
(2) Immediately revoke the take home methadone privilege for a minimum of sixty days; and
(3) Begin administering twice per week drug tests during the period of weekly couseling; and
(3)(4) Provide mandatory documented treatment team meetings with the patient.
(C) Upon a third positive drug test result within a period of six months the opioid treatment
program shall:
(1) Provide mandatory and documented weekly counseling, which shall include weekly
meetings with a counselor who is licensed, certified or enrolled in the process of obtaining licensure
or certification in compliance with the rules and on staff at the opioid treatment program;
(2) Immediately revoke the take home methadone privilege for a minimum of one hundred
twenty days; and
(3) Begin administering twice per week drug tests during the period of weekly couseling; and
(3)(4) Provide mandatory and documented treatment team meetings with the patient which
will include, at a minimum: The need for continuing treatment; a discussion of other treatment
alternatives; and the execution of a contract with the patient advising the patient of discharge for
continued positive drug tests.
(D) Upon a fourth positive drug test within a six-month period, the patient shall be
immediately discharged from the opioid treatment program, or, at the option of the patient, shall
immediately be provided the opportunity to participate in a 21-day detoxification plan, followed by
immediate discharge from the opioid treatment program.
(7) That the opioid treatment program must report and provide statistics to the Department
of Health and Human Resources demonstrating compliance with the random drug test rules including
confirmation that:
(A) The random drug tests were truly random in regard to both the patients tested and to the
times random drug tests were administered by lottery or some other objective standard so as not to
prejudice or protect any particular patient.
(B) The total number and the number of positive results; and
(C) The number of expulsions from the program.
(8) That all opioid treatment facilities be open for business seven days per week. Provided,
That the opioid treatment center maybe closed for eight holidays and two training days per year.
(9) That the Office of Health Facility Licensure and Certification develop policies and
procedures in conjunction with the Board of Pharmacy that will allow access to the Prescription
Drug Registry maintained by the Board of Pharmacy within the first month of admission of a patient
and at each ninety day treatment review to ensure the patient is not seeking prescription medication
from multiple sources.
(k) Other health-related matters which the department is authorized to supervise and for
which the rule-making authority has not been otherwise assigned."
On motion of Delegates Border and Perdue, the amendment was amended on page eleven,
section four-j, beginning on line twenty-four, after the word, "Pharmacy", by striking the words
"within the first month of admission of a patient" and inserting in lieu thereof a comma and the
words " before administration of methadone or other treatment in an opioid treatment program, after
any positive drug test" followed by a comma.
The question now before the House being the amendment by the Committee on Finance, as
amended, the same was put and prevailed.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 457), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: J. Miller
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 447) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 595, Revising workers' compensation statutes; on third reading, coming
up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk,
amending the bill on page three, following the enacting section, by striking out the remainder of the
bill and inserting in lieu thereof the following:
"CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.
§23-1-1. Workers' Compensation Commission created; findings.
(a) The Legislature finds that a deficit exists in the Workers' Compensation Fund of such
critical proportions that it constitutes an imminent threat to the immediate and long-term solvency
of the fund and constitutes a substantial deterrent to the economic development of this state. The
Legislature further finds that addressing the workers' compensation crisis requires the efforts of all
persons and entities involved and resolution of the crisis is in the best interest of the public.
Modification to the rate system, alteration of the benefit structure, improvement of current
management practices and changes in perception must be merged into a unified effort to make the
workers' compensation system viable and solvent through the mutualization of the system and the
opening of the market to private workers' compensation insurance carriers. It was and remains the
intent of the Legislature that the amendments to this chapter enacted in the year two thousand three be applied from the date upon which the enactment was made effective by the Legislature. The
Legislature finds that an emergency exists as a result of the combined effect of this deficit, other state
budgetary deficits and liabilities and other grave social and economic circumstances currently
confronting the state and that unless the changes provided by the enactment of the amendments to
this chapter, as well as other legislation designed to address the problem are made effective
immediately, the fiscal stability of this state will suffer irreparable harm. Accordingly, the
Legislature finds that the need of the citizens of this state for the protection of the State Treasury and
the solvency of the Workers' Compensation Funds requires the limitations on any expectations that
may have arisen from prior enactments of this chapter.
(b) It is the further intent of the Legislature that this chapter be interpreted so as to assure the
quick and efficient delivery of indemnity and medical benefits to injured workers at a reasonable cost
to the employers who are subject to the provisions of this chapter. It is the specific intent of the
Legislature that workers' compensation cases shall be decided on their merits and that a rule of
'liberal construction' based on any 'remedial' basis of workers' compensation legislation shall not
affect the weighing of evidence in resolving such cases. The workers' compensation system in this
state is based on a mutual renunciation of common law rights and defenses by employers and
employees alike. Employees' rights to sue for damages over and above medical and health care
benefits and wage loss benefits are to a certain degree limited by the provisions of this chapter and
employers' rights to raise common law defenses such as lack of negligence, contributory negligence
on the part of the employee, and others, are curtailed as well. Accordingly, the Legislature hereby
declares that any remedial component of the workers' compensation laws is not to cause the workers'
compensation laws to receive liberal construction that alters in any way the proper weighing of
evidence as required by section one-g, article four of this chapter.
(c) The 'Workers' Compensation Division of the Bureau of Employment Programs' is, on
or after the first day of October, two thousand three, reestablished, reconstituted and continued as
the Workers' Compensation Commission, an agency of the state. The purpose of the commission is to ensure the fair, efficient and financially stable administration of the workers' compensation
system of the State of West Virginia. The powers and duties heretofore imposed upon the Workers'
Compensation Division and the Commissioner of the Bureau of Employment Programs as they relate
to workers' compensation are hereby transferred to and imposed upon the Workers' Compensation
Commission and its executive director in the manner prescribed by this chapter.
(d) It is the intent of the Legislature that the transfer of the administration of the workers'
compensation system of this state from the Workers' Compensation Division under the
Commissioner of the Bureau of Employment Programs to the Workers' Compensation Commission
under its executive director and the workers' compensation board of managers is to become effective
the first day of October, two thousand three. Any provisions of the enactment of Enrolled Senate
Bill No. 2013 in the year two thousand three relating to the transfer of the administration of the
workers' compensation system of this state that conflict with the intent of the Legislature as
described in this subsection shall, to that extent, become operative on the first day of October, two
thousand three, and until that date, prior enactments of this code in effect on the effective date of
Enrolled Senate Bill No. 2013 relating to the administration of the workers' compensation system
of this state, whether amended and reenacted or repealed by the passage of Enrolled Senate Bill No.
2013, have full force and effect. All provisions of the enactment of Enrolled Senate Bill No. 2013
in the year two thousand three relating to matters other than the transfer of the administration of the
workers' compensation system of this state shall become operative on the effective date of that
enactment, unless otherwise specifically provided in that enactment.
(e) It is the intent of the Legislature, expressed through its enactment of legislation, to transfer
the regulation of the workers' compensation system to the Insurance Commissioner. By
proclamation of the Governor, as authorized by article two-c of this chapter, the Workers'
Compensation Commission was terminated on the thirty-first day of December, 2005. To further
the transition from the state operated workers' compensation system to a system of private insurance,
the duties and responsibilities of the Workers' Compensation Commission and the Board of Managers, including, but not limited to, rate-making and adjudication of claims now reside with the
Insurance Commissioner.
§23-1-1f. Authority of Insurance Commission to exempt employees from classified service;
exemption from purchasing rules.
The workers' compensation division shall continue to exist pursuant to article ten, chapter
four of this code through the thirtieth day of September, two thousand three, at which time all powers
and duties are transferred to the workers' compensation commission. The workers' compensation
commission shall continue to exist, pursuant to said article until the first day of July, two thousand
six, unless sooner terminated, continued or reestablished pursuant to the provisions of that article.
Notwithstanding any other provision of this code, upon termination of the commission, the Insurance
Commissioner may:
(1) Exempt no more than twenty positions of the offices of the Insurance Commissioner from
the classified service of the state, the employees of which positions shall serve at the will and
pleasure of the commissioner: Provided, That such exempt positions shall be in addition to those
positions in classified-exempt service under the classification plan adopted by the Division of
Personnel. The Insurance Commissioner shall report all exemptions made under this section to the
Director of the Division of Personnel no later than the first day of July, two thousand seven, and
thereafter as the commissioner determines to be necessary; and
(2) Expend such sums for professional services as he or she determines are necessary to
perform those duties transferred to the Insurance Commissioner upon the termination of the
commission. The provisions of article three, chapter five-a of this code relating to the Purchasing
Division of the Department of Administration shall not apply to these contracts, and the Insurance
Commissioner shall award the contract or contracts on a competitive basis.
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER;
EXTRATERRITORIAL COVERAGE.
§23-2-9. Election of employer or employers' group to be self-insured and to provide own system of compensation; exceptions; self administration; rules; penalties;
regulation of self-insurers.
(a) Notwithstanding any provisions of this chapter to the contrary, the following types of
employers or employers' groups may apply for permission to self-insure their workers' compensation
risk. including their risk of catastrophic injuries.
(1) The types of employers are:
(A) Any employer who is of sufficient capability and financial responsibility to ensure the
payment to injured employees and the dependents of fatally injured employees of benefits provided
for in this chapter at least equal in value to the compensation provided for in this chapter;
(B) Any employer or group of employers as provided for subdivision (c) in paragraph (A) of
such capability and financial responsibility who that maintains its own benefit fund or system of
compensation to which its employees are not required or permitted to contribute and whose benefits
are at least equal in value to those provided for in this chapter; or
(C) Any employer who is signatory to a collective bargaining agreement that allows for
participation in a group workers' compensation insurance program may join with any other employer
or employers that are signatory to a collective bargaining agreement or agreements that allow for
participation in a group workers' compensation program and jointly apply to the commission
Insurance Commissioner to collectively self-insure their obligations under this chapter. The
employers must collectively meet the conditions set forth in paragraph (A) or (B) of this subdivision.
There shall be joint and several liability for all employers who choose to jointly self-insure under the
provisions of this article.
(2) In order to be approved for self-insurance status, the employer shall:
(A) Have an effective health and safety program at its workplaces; and Submit all
information requested by the Insurance Commissioner;
(B) Provide security or bond, in an amount and form determined by the executive director
with the approval of the board of managers Insurance Commissioner, which shall balance the employer's financial condition based upon an analysis of its audited financial statements and the full
accrued value of current liability for future claim payments based upon generally accepted actuarial
and accounting principles of the employer's existing and expected liability;
(C) Meet the financial responsibility requirements set forth in rules promulgated by the board
of managers or industrial council;
(D) Obtain and maintain a policy of excess insurance if required to do so by the Insurance
Commissioner; and
(E) Have an effective health and safety program at its workplaces.
(3) Any employer whose record upon the books of the commission shows a liability, as
determined on an accrued basis against the workers' compensation fund incurred on account of injury
to or death of any of the employer's employees, in excess of premiums paid by the employer, shall
not be granted the right, individually and directly or from the benefit funds or system of
compensation, to be self-insured until the employer has paid into the workers' compensation fund
the amount of the excess of liability over premiums paid, including the employer's proper proportion
of the liability incurred on account of catastrophes or second injuries as defined in section one,
article three of this chapter and charged against such fund.
(4) (3) Upon a finding that the employer has met all of the requirements of this section and
any rules promulgated thereunder, the employer may be permitted self-insurance status. An annual
review of each self-insurer's continuing ability to meet its obligations and the requirements of this
section shall be made by the workers' compensation commission Insurance Commissioner. At the
time of such review, the Insurance Commissioner may require that the self-insured employer post
a bond or security or obtain and maintain an excess insurance policy. This review shall also include
a redetermination recalculation of the amount of any security, or bond, which shall be provided by
the employer or policy of excess insurance previously required to be posted or obtained under any
provision of this chapter or any rules promulgated thereunder. Failure to provide any new the
required amount or form of security or bond or to obtain or maintain the required excess insurance policy may cause the employer's self-insurance status to be terminated by the workers' compensation
commission Insurance Commissioner. The security or bond provided by employers prior to the
second day of February, one thousand nine hundred ninety-five, shall continue in full force and effect
until the performance of the employer's annual review and the entry of any appropriate decision on
the amount or form of the employer's security or bond.
(5) (4) Whenever a self-insured employer furnishes security or bond, including replacement
and amended bonds and other securities, as surety to ensure the employer's or guarantor's payment
of all obligations under this chapter for which the security or bond was furnished, the security or
bond shall be in the most current form or forms approved and authorized by the commission or
Insurance Commissioner for use by the employer or its guarantors, surety companies, banks,
financial institutions or others in its behalf for that purpose.
(b) (1) Notwithstanding any provision in this chapter to the contrary, self-insured employers
shall, effective the first day of July, two thousand four, administer their own claims. The executive
director Insurance Commissioner shall, pursuant to rules promulgated by the board of managers or
industrial council, regulate the administration of claims by employers granted permission to self-
insure their obligations under this chapter. Such rules shall be promulgated at least thirty days prior
to the first day of July, two thousand four. A self-insured employer shall comply with rules
promulgated by the board of managers or industrial council governing the self-administration of its
claims.
(2) An employer or employers' group who that self-insures its risk and self-administers its
claims shall exercise all authority and responsibility granted to the commission Insurance
Commissioner or private carriers in this chapter and provide notices of action taken to effect the
purposes of this chapter to provide benefits to persons who have suffered injuries or diseases covered
by this chapter. An employer or employers' group granted permission to self-insure and self-
administer its obligations under this chapter shall at all times be bound and shall comply fully with
all of the provisions of this chapter. Furthermore, all of the provisions contained in article four of this chapter pertaining to disability and death benefits are binding on and shall be strictly adhered
to by the self-insured employer in its administration of claims presented by employees of the self-
insured employer. Violations of the provisions of this chapter and such rules relating to this chapter
as may be approved by the board of managers or industrial council may constitute sufficient grounds
for the termination of the authority for any employer to self-insure its obligations under this chapter.
Claim notices currently generated by the commission on behalf of self-insured employers must be
generated and sent by the self-insured employer or its third-party administrator.
(c) Each self-insured employer shall, on or before the last day of the first month of each
quarter or other assigned reporting period, file with the commission Insurance Commissioner a
certified statement of the total gross wages and earnings of all of the employer's employees subject
to this chapter for the preceding quarter or other assigned reporting period. Each self-insured
employer shall pay into the workers' compensation fund as portions of its self-insured employer
premium tax:
(1) A sum sufficient to pay the employer's proper portion of the expense of the
administration of this chapter;
(2) A sum sufficient to pay the employer's proper portion of the expense of claims for those
employers who are in default in the payment of premium taxes or other obligations;
(3) A sum sufficient to pay the employer's fair portion of the expenses of the disabled
workers' relief fund;
(4) A sum sufficient to maintain as an advance deposit an amount equal to the previous
quarter or other assigned reporting period's payment of each of the foregoing three sums;
(5) A sum as determined by the commission to be sufficient to pay the employer's portion
of rates, surcharges or deficit management and deficit reduction assessments; and
(6) A sum as determined by the commission to pay the employer's portion of self-insured
catastrophic injury benefits, and second injury payments on all self-insured second injury claims
other than second injury claims for those employers self-insured for second injury. Any employer previously self-insured for second injury benefits shall continue to be responsible for payment of
those benefits.
(d) The required payments to the employer's injured employees or dependents of fatally
injured employees as benefits provided for by this chapter including second injury benefits and
catastrophic injury benefits, if applicable, shall constitute the remaining portion of the self-insurer's
premium tax.
(e) Notwithstanding any provision of subsection (d) of this section to the contrary, except for
those increases made effective for fiscal year two thousand four by action of the compensation
programs performance council heretofore established in article three, chapter twenty-one-a of this
code taken prior to the effective date of the amendment and reenactment of this section, the portion
of the premium taxes for each self-insured employer as determined under subdivisions (1) through
(6), inclusive, subsection (c) of this section shall not be increased during fiscal years two thousand
four, two thousand five and two thousand six.
(f) (d) (1) If an a self-insured employer defaults in the payment of any portion of its self-
insured employer premium taxes, surcharges or assessments required under this chapter or rules
promulgated thereunder, or in any payment required to be made as benefits provided by this chapter
to the employer's injured employees or dependants of fatally injured employees, the commission
Insurance Commissioner shall, in an appropriate case, determine the full accrued value based upon
generally accepted actuarial and accounting principles of the employer's liability, including the costs
of all awarded claims and of all incurred but not reported claims. The amount determined may, in
an appropriate case, be assessed against the employer. The commission Insurance Commissioner
may demand and collect the present value of the defaulted tax liability. Interest shall accrue upon
the demanded amount as provided for in section thirteen of this article until the premium tax liability
is fully paid. Payment of all amounts then due to the commission Insurance Commissioner and to
the employer's employees is a sufficient basis for reinstating the employer to good standing with the
fund Insurance Commissioner and removing the employer from default status. In addition, any self-insured employer who, without good cause, ceases to make required payments to the employer's
injured employees or dependents of fatally injured employees as benefits provided for by this chapter
including second injury benefits and catastrophic injury benefits, if applicable, is in default. The
board of managers shall establish by rule the procedures by which the existence or nonexistence of
good cause is to be determined by the commission.
(2) Premium tax The assessments and surcharges required to be paid by self-insured
employers pursuant to the provisions of this chapter and the rules promulgated thereunder are special
revenue taxes under and according to the provisions of state workers' compensation law and are
considered to be tax claims, as priority claims or administrative expense claims according to those
provisions under the law provided in the United States bankruptcy code, Title 11 of the United States
Code. In addition, as the same was previously intended by the prior provisions of this section, this
amendment and reenactment is for the purpose of clarification of the taxing authority of the workers'
compensation commission Insurance Commissioner.
(g) Each self-insured employer shall elect whether or not to self-insure its catastrophic injury
risk as defined in subsection (c), section one, article three of this chapter. A self-insured employer
who elects to insure its catastrophic risk through a policy of excess insurance obtained through a
private insurance carrier approved by the commission shall provide a copy of the policy to the
commission. Upon termination of the commission, self-insured employers shall either self-insure
their catastrophic risk or insure their catastrophic risk through a policy of excess insurance obtained
through a private insurance carrier approved by the insurance commissioner. Self-insured employers
shall also reinsure their catastrophic risks.
(1) If the employer does not elect to self-insure its catastrophic risk, the employer shall pay
premium taxes for this coverage in the same manner as is provided for in section four of this article
and in rules adopted to implement that section. As stated in this subsection, this option shall expire
upon termination of the commission. If the employees of that employer suffer injury or death from
a catastrophe, the payment of the resulting benefits shall be made from the catastrophe reserve of the surplus fund provided for in subsection (b), section one, article three of this chapter. Any portion of
an employer's catastrophic liability insured and paid under a policy of insurance purchased by the
employer shall not be included in the liabilities upon which the employer's security or bond is
determined in subsection (a) of this section.
(2) If an otherwise self-insured employer elects to self-insure its catastrophic risk, the security
or bond required in subsection (a) of this section shall include the liability for the catastrophic risk.
(h) For those employers previously permitted to self-insure their second injury risks, the
amount of the security or bond required in subsection (a) of this section shall include the liability for
that risk. All benefits provided for by this chapter which are awarded to the employer's employees
which constitute second injury life awards shall be paid by the employer and not the commission.
(i) (e) The commission may create, implement, establish and administer a perpetual self-
insurance security risk pool of funds, sureties, securities, insurance provided by private insurance
carriers or other states' programs, and other property, of both real and personal properties, to secure
the payment of obligations of self-insured employers. If a pool is created, the board of managers
shall adopt rules for the organizational plan, participation, contributions and other payments which
may be required of self-insured employers under this section. The board of managers may adopt a
rule authorizing the commission to assess each self-insured employer in proportion according to each
employer's portion of the unsecured obligation and liability or to assess according to some other
method provided for by rule which shall properly create and fund the risk pool to serve the needs of
employees, employers and the Workers' Compensation Fund by providing adequate security. The
board of managers establishing a security risk pool, may authorize the executive director to use any
assessments, premium taxes and revenues and appropriations as may be made available to the
commission. Effective upon termination of the commission, all statutory and regulatory authority
provided to the commission and board of managers over pools created pursuant to this section, as
such pools are defined in section two, article two-c of this chapter, shall transfer to the Insurance
Commissioner. Provided, That the funds contained in the security pool shall be deposited into the old fund and the funds contained in the guaranty pool shall be deposited in the self-insured employer
guaranty risk pool created in article two-c of this chapter. All assets held by the commission for
security pursuant to 85 CSR §19 (2004) shall transfer to the insurance commissioner.
(j) (f) Any self-insured employer which has had a period of inactivity due to the
nonemployment of employees which results in its reporting of no wages on reports to the
commission Insurance Commissioner for a period of four or more consecutive quarters shall may
have its status at the commission inactivated and shall apply for reactivation to status as a self-
insured employer prior to its reemployment of employees. Despite the inactivation, the self-insured
employer shall continue to make payments on all awards for which it is responsible. Upon
application for reactivation of its status as an operating self-insured employer, the employer shall
document that it meets the eligibility requirements needed to maintain self-insured employer status
under this section and any rules adopted to implement it. If the employer is unable to requalify and
obtain approval for reactivation, the employer shall, effective with the date of employment of any
employee, become a subscriber to the workers' compensation fund and, upon termination of the
commission, shall purchase workers' compensation insurance as provided for in article two-c of this
chapter, but shall continue to be a self-insurer as to the prior period of active status and to furnish
security or bond and meet its prior self-insurance obligations.
(k) (g) In any case under the provisions of this section that require requires the payment of
compensation or benefits by an employer in periodical payments and the nature of the case makes
it possible to compute the present value of all future payments, the commission may, in its discretion,
at any time compute and permit to be paid into the Workers' Compensation Fund an amount equal
to the present value of all unpaid future payments on the award or awards for which liability exists
in trust. Thereafter, the employer shall be discharged from any further portion of premium tax
liability upon the award or awards and payment of the award or awards shall be assumed by the
commission. Upon termination of the commission, those self-insured the process herein described
will no longer be permitted. Self-insured employers may thereafter withdraw from self-insured status and purchase workers' compensation insurance as provided for in article two-c of this chapter,
but said self-insured employers shall remain liable for their self-insured employer claims liabilities
for each claim with a date of injury or last exposure prior to the effective date of insurance coverage.
(l) (h) Any employer subject to this chapter, who elects to carry the employer's own risk by
being a self-insured employer and who has complied with the requirements of this section and of any
applicable rules, shall not be liable to respond in damages at common law or by statute for the injury
or death of any employee, however occurring, after the election's approval and during the period that
the employer is allowed to carry the employer's own risk.
(m) (i) An employer may not hire any person or group to self-administer claims under this
chapter as a third-party administrator unless the person or group has been determined to be qualified
to be a third-party administrator by the commission Insurance Commissioner pursuant to rules
adopted by the board of managers or industrial council. Any person or group whose status as a
third-party administrator has been revoked, suspended or terminated by the commission Insurance
Commissioner shall immediately cease administration of claims and shall not administer claims
unless subsequently authorized by the commission Insurance Commissioner.
(n) (j) All regulatory, oversight and document gathering authority provided to the
commission under this section nine, article two, chapter twenty-three shall transfer to the Insurance
Commissioner and the industrial council upon termination of the commission.
ARTICLE 2C. EMPLOYERS' MUTUAL INSURANCE COMPANY.
§23-2C-3. Creation of employer mutual as successor organization of the West Virginia
Workers' Compensation Commission.
(a) On or before the first day of June, two thousand five, the executive director may take such
actions as are necessary to establish an employers' mutual insurance company as a domestic, private,
nonstock, corporation to:
(1) Insure employers against liability for injuries and occupational diseases for which their
employees may be entitled to receive compensation pursuant to chapter twenty-three of this code and federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq.;
(2) Provide employer's liability insurance incidental to and provided in connection with the
insurance specified in paragraph subdivision (1), including coal-workers pneumoconiosis coverage
and employer excess liability coverage as provided in this chapter; and
(3) Transact such other kinds of property and casualty insurance for which the company is
otherwise qualified under the provisions of this code.
(4) The company shall not sell, assign or transfer substantial assets or ownership of the
company.
(b) If the executive director establishes a domestic mutual insurance company pursuant to
subsection (a) of this section:
(1) As soon as practical, the company established pursuant to the provisions of this article
shall, through a vote of a majority of its provisional board, file its corporate charter and bylaws with
the Insurance Commissioner and apply for a license with the Insurance Commissioner to transact
insurance in this state. Notwithstanding any other provision of this code, the Insurance
Commissioner shall act on the documents within fifteen days of the filing by the company.
(2) In recognition of the workers' compensation insurance liability insurance crisis in this
state at the time of enactment of this article and the critical need to expedite the initial operation of
the company, the Legislature hereby authorizes the Insurance Commissioner to review the
documentation submitted by the company and to determine the initial capital and surplus
requirements of the company, notwithstanding the provisions of section five-b, article three of
chapter thirty-three. The company shall furnish the Insurance Commissioner with all information
and cooperate in all respects necessary for the Insurance Commissioner to perform the duties set
forth in this section and in other provisions of this chapter and chapter thirty-three. The Insurance
Commissioner shall monitor the economic viability of the company during its initial operation on
not less than a monthly basis, until such time as the commissioner in his or her discretion, determines
that monthly reporting is not necessary. In all other respects the company shall be subject to comply with the applicable provisions of chapter thirty-three of this code.
(3) Subject to the provisions of subsection subdivision (4) of this section subsection, the
Insurance Commissioner may waive other requirements imposed on mutual insurance companies
by the provisions of chapter thirty-three as the Insurance Commissioner determines is necessary to
enable the company to begin insuring employers in this state at the earliest possible date.
(4) Within forty months of the date of the issuance of its license to transact insurance, the
company shall comply with the capital and surplus requirements set forth in subsection (a), section
five-b, article three, chapter thirty-three of this code in effect on the effective date of this enactment,
unless said deadline is extended by the Insurance Commissioner.
(c) For the duration of its existence, the company is not and shall not be considered a
department, unit, agency or instrumentality of the state for any purpose. All debts, claims,
obligations and liabilities of the company, whenever incurred, shall be the debts, claims, obligations
and liabilities of the company only and not of the state or of any department, unit, agency,
instrumentality, officer or employee of the state.
(d) The moneys of the company are not and shall not be considered part of the General
Revenue Fund of the state. The debts, claims, obligations and liabilities of the company are not and
shall not be considered a debt of the state or a pledge of the credit of the state.
(e) The company is not subject to provisions of article nine-a, chapter six of this code; the
provisions of chapter twenty-nine-b of this code; the provisions of article three, chapter five-a of this
code; the provisions of article six, chapter twenty-nine of this code; the provisions of article six-a
of said chapter; or the provisions of chapter twelve of this code.
(f) If the commission has been terminated, effective upon said termination, private carriers,
including the company, shall not be subject to payment of premium taxes, surcharges and credits
contained in article three of chapter thirty-three of this code on premiums received for coverage
under this chapter. In lieu thereof, the workers' compensation insurance market shall be subject to
the following:
(1) Each fiscal year, the Insurance Commissioner shall calculate a percentage surcharge to
be collected by each private carrier from its policy holders. The surcharge percentage shall be
calculated by dividing the previous fiscal year's total premiums collected plus deductible payments
by all employers into the portion of the Insurance Commissioner's budget amount attributable to
regulation of the private carrier market. This resulting percentage shall be applied to each policy
holder's premium payment and deductible payments as a surcharge and remitted to the Insurance
Commissioner. Said surcharge shall be remitted within ten (10) ninety (90) days of receipt of
premium payments; whenever said payments are made by its insureds;
(2) Each fiscal year, the Insurance Commissioner shall calculate a percentage surcharge to
be remitted on a monthly quarterly basis by self-insured employers and said percentage shall be
calculated by dividing previous year's self-insured payroll in the state into the portion of the
Insurance Commissioner's budget amount attributable to regulation of the self-insured employer
market. This resulting percentage shall be applied to each self-insured employer's monthly payroll
and the resulting amount shall be remitted as a regulatory surcharge by each self-insured employer.
The Workers' Compensation Board of Managers or industrial council may promulgate a rule for
implementation of this section. The company, all other private carriers and all self-insured
employers shall furnish the Insurance Commissioner with all required information and cooperate in
all respects necessary for the Insurance Commissioner to perform the duties set forth in this section
and in other provisions of this chapter and chapter thirty-three. The surcharge shall be calculated
so as to only defray the costs associated with the administration of chapter twenty-three of this code
and the funds raised shall not be used for any other purpose.
(3) Upon termination of the commission, the company and all other private carriers shall
collect a premiums surcharge from their policy holders equal to ten percent, or such higher or lower
rate as annually determined, by the first day of May of each year, by the Insurance Commissioner
to produce forty-five million dollars annually, of each policy holder's periodic premium amount for
workers' compensation insurance. Additionally, by the first day of May each year, the self-insured employer community shall be assessed a cumulative total of nine million dollars. The methodology
for the assessment shall be fair and equitable and determined by exempt legislative rule issued by
the workers' compensation board of managers or industrial council. The amount collected shall be
remitted to the Insurance Commissioner for deposit in the Workers' Compensation Debt Reduction
Fund created in section five, article two-d of this chapter.
(g) The new premiums surcharge imposed by subdivision (2) (3), subsection (f) of this
section shall sunset and not be collectible with respect to workers' compensation insurance premiums
paid when the policy is renewed on or after the first day of the month following the month in which
the Governor certifies to the Legislature that the revenue bonds issued pursuant to article two-d,
chapter twenty-three of this code have been retired and that the unfunded liability of the old fund has
been paid or has been provided for in its entirety, whichever occurs last.
§23-2C-8. Workers' Compensation Uninsured Employer Fund.
(a) The West Virginia Workers' Compensation Uninsured Employer Fund shall be governed
by the following:
(1) All money and securities in the fund must be held by the State Treasurer as custodian
thereof to be used solely as provided in this article.
(2) The State Treasurer may disburse money from the fund only upon written requisition of
the Insurance Commissioner.
(3) Assessments. -- The Insurance Commissioner shall assess each private carrier and all may
assess self-insured employers an amount to be deposited in the fund. The assessment may be
collected by each private carrier from its policy holders in the form of a policy surcharge. To
establish the amount of the assessment, the Insurance Commissioner shall determine the amount of
money necessary to maintain an appropriate balance in the fund for each fiscal year and shall allocate
a portion of that amount to be payable by private carriers, a portion to be payable by self-insured
employers and a portion to be paid by any other appropriate group each of the groups subject to the
assessment. After allocating the amounts payable by each group, the Insurance Commissioner shall apply an assessment rate to:
(A) Private carriers that reflects the relative hazard of the employments covered by the private
carriers, results in an equitable distribution of costs among the private carriers and is based upon
expected annual premiums to be received;
(B) Self-insured employers, if assessed, that results in an equitable distribution of costs
among the self-insured employers and is based upon expected annual expenditures for claims; and
(C) Any other categories of payees groups assessed that results in an equitable distribution
of costs among them and is based upon expected annual expenditures for claims or premium to be
received.
(4) The Workers' Compensation Board of Managers or industrial council may adopt rules for
the establishment and administration of the assessment methodologies, rates, payments and any
penalties that the workers' compensation board of managers it determines are necessary to carry out
the provisions of this section.
(b) Payments from the fund. -- shall be governed by the following:
(1) Except as otherwise provided in this subsection, an injured worker employee of any
employer required to be covered under this chapter who has failed to obtain coverage may receive
compensation from the uninsured employers' fund if such employee (A) He or she meets all
jurisdictional and entitlement provisions of this chapter,(B) He or she files a claim with the
Insurance Commissioner, and (C) He or she makes an irrevocable assignment to the Insurance
Commissioner of a right to be subrogated to the rights of the injured employee.
(2) If the Insurance Commissioner receives a claim, it shall immediately notify the employer
of the claim. For the purposes of this section, the employer has the burden of proving that it provided
mandatory workers' compensation insurance coverage for the employee or that it was not required
to maintain workers' compensation insurance for the employee. If the employer meets this burden,
benefits shall not be paid from the fund. Employees who are injured while employed by a self-
insured employer are ineligible for benefits from the Workers' Compensation Uninsured Employer Fund.
(3) Any employer who has failed to provide mandatory coverage required by the provisions
of this chapter is liable for all payments made on its behalf, including any benefits, administrative
costs and attorney's fees paid from the fund or incurred by the Insurance Commissioner.
(4) The Insurance Commissioner:
(A) May recover from the employer the payments made by it, any accrued interest and
attorney fees and costs by bringing a civil action in a court of competent jurisdiction.
(B) May enter into a contract with any person, including the third-party administrator of the
Uninsured Employer Fund, to assist in the collection of any liability of an uninsured employer.
(C) In lieu of a civil action, may enter into an agreement or settlement regarding the
collection of any liability of an uninsured employer.
(5) The Insurance Commissioner shall:
(A) Determine whether the employer was insured within five days after receiving notice of
the claim from the employee.
(B) Assign the claim to the third-party administrator of the fund for administration and, if
appropriate, payment of compensation.
(c) Initial determination upon receipt of a claim. --
(1) If the Insurance Commissioner determines that the claimant's employer maintained a
policy of Workers' Compensation insurance pursuant to this chapter on the date of injury or last
exposure or that the employer was not required to maintain such a policy on such date, then the claim
shall not be accepted into the fund; if the commissioner determines that the employer was required
to maintain such a policy but failed to do so, the claim will be accepted into the fund and the
Insurance Commissioner may assign such a claim to the third-party administrator of the fund for
administration.
(6) (2) Upon determining whether the claim is accepted or denied, the third-party
administrator The Insurance Commissioner shall notify the injured employee and the named employer of it's the determination made pursuant to subdivision (1) of this subsection and any party
aggrieved thereby shall be entitled to protest such determination in a hearing before the Insurance
Commissioner: Provided, That in any such proceeding, the employer has the burden of proving that
it either provided mandatory workers' compensation insurance coverage or that it was not required
to maintain workers' compensation insurance.
(d) Employer liability. --
(1) Any employer who has failed to provide mandatory coverage required by the provisions
of this chapter is liable for all payments made and to be made on its behalf, including any benefits,
administrative costs and attorney's fees paid from the fund or incurred by the Insurance
Commissioner, plus interest calculated in accordance with the provisions of section thirteen, article
two of this chapter.
(2) The Insurance Commissioner:
(A) May bring a civil action in a court of competent jurisdiction to recover from the employer
the amounts set forth in subdivision (1) of this subsection. In any such action, the Insurance
Commissioner may also recover the present value of the estimated future payments to be made on
the employer's behalf and the costs and attorney's fees attributable to such claim: Provided, That
the failure of the Insurance Commissioner to include a claim for future payments shall not preclude
one or more subsequent actions for such amounts;
(B) May enter into a contract with any person, including the third-party administrator of the
Uninsured Employer Fund, to assist in the collection of any liability of an uninsured employer; and
(C) In lieu of a civil action, may enter into an agreement or settlement regarding the
collection of any liability of an uninsured employer.
(3) In addition to any other liabilities provided in this section, the Insurance Commissioner
may impose an administrative penalty of not more than ten thousand dollars against an employer if
the employer fails to provide mandatory coverage required by this chapter. All penalties and other
moneys collected pursuant to this section shall be deposited into the Workers' Compensation Uninsured Employer Fund.
(7) (e) Protests to claims decisions. -- Any party aggrieved by a determination claims
decision made by the Insurance Commissioner or the third-party administrator regarding the claims
decisions made pursuant to this section in a claim that has been accepted into the fund may appeal
object to that determination decision by filing a protest with the office of judges as set forth in article
five of this chapter.
(8) An uninsured employer is liable for the interest on any amount paid on his or her claims
from the fund. The interest must be calculated at a rate set in accordance with the provisions of
section thirteen, article two of this chapter, compounded monthly, from the date the claim is paid
from the account until payment is received by the Insurance Commissioner or third-party
administrator from the employer.
(9) Attorney's fees recoverable by the Insurance Commissioner or third-party administrator
pursuant to this section must be paid at the usual and customary rate for that attorney.
(10) In addition to any other liabilities provided in this section, the Insurance Commissioner
or the third-party administrator may impose an administrative fine of not more than ten thousand
dollars against an employer if the employer fails to provide mandatory coverage required by this
chapter. All fines and other moneys collected pursuant to this section shall be deposited into the
Uninsured Employer Fund.
(c) Employees of self-insured employers who are injured while employed by a self-insured
employer are ineligible for benefits from the West Virginia Uninsured Employer Fund.
§23-2C-15. Mandatory coverage; changing of coverage.
(a) Effective upon termination of the commission, all subscriber policies with the
commission shall novate to the company and all employers otherwise shall purchase workers'
compensation insurance from the company unless permitted to self-insure their obligations. The
company shall assume responsibility for all new fund obligations of the subscriber policies which
novate to the company or which are issued thereafter. Each subscriber whose policy novates to the company shall also have its advanced deposit credited to its account with the company. Employers
purchasing workers' compensation insurance from the company shall have the right to designate a
representative or agent to act on its behalf in any and all matters relevant to coverage and claims as
administered by the company.
(b) Effective the first day of July, two thousand eight, an employer may elect to: (1) Continue
to purchase workers' compensation insurance from the company; (2) purchase workers' compensation
insurance from another private carrier licensed and otherwise authorized to transact workers'
compensation insurance in this state; or (3) self-insure its obligations if it satisfies all requirements
of this code to so self-insure and is permitted to do so: Provided, That all state and local
governmental bodies, including, but not limited to, all counties and municipalities and their
subdivisions and including all boards, colleges, universities and schools, shall continue to purchase
workers' compensation insurance from the company through the thirtieth day of June, two thousand
twelve. The company and other private carriers shall be permitted to sell workers' compensation
insurance through licensed agents in the state. To the extent that a private carrier markets workers'
compensation insurance through a licensed agent, it shall be subject to all applicable provisions of
chapter thirty-three of this code. All employers' must immediately notify the Insurance
Commissioner of its private carrier and any change thereto.
(c) An employer may elect to change its private insurer carrier on or after the first day of July,
two thousand eight, if the employer has:
(1) Given at least thirty days' notice to the Insurance Commissioner of the change of insurer;
and
(2) Furnished evidence satisfactory to the Insurance Commissioner that the payment of
compensation has otherwise been secured.
(d) Each private carrier and employer shall notify the Insurance Commissioner if an employer
has changed his or her insurer or has allowed his or her insurance to lapse within twenty-four hours
or by the end of the next working day, whichever is later, after the insurer has notice of the change or lapse.
(c) Every employer shall post a notice upon its premises in a conspicuous place identifying
its industrial workers' compensation insurer. The notice must include the insurer's name, business
address and telephone number and the name, business address and telephone number of its nearest
adjuster in this state. The employer shall at all times maintain the notice provided for the
information of his or her employees. Release of employer policy information and status by the
industrial council and the Insurance Commissioner shall be governed by section four, article one of
this chapter. The Insurance Commissioner shall collect and maintain information related to officers,
directors and ten percent or more owners of each carrier's policy holders, The and each private
carrier shall provide said information to the Insurance Commissioner within sixty days of the
issuance of a policy and any changes to the information shall thereafter be reported within sixty days
of such change.
(e) (d) Any rule promulgated by the workers' compensation board of managers or industrial
council empowering agencies of this state to revoke or refuse to grant, issue or renew any contract,
license, permit, certificate or other authority to conduct a trade, profession or business to or with any
employer whose account is in default with the commission with regard to any liability under this
chapter shall be fully enforceable by the Insurance Commissioner against the any such employer in
policy default with a private carrier.
(f) (e) Effective the first day of January, two thousand nine, the company may decline to offer
coverage to any applicant. Effective the first day of January, two thousand nine, the company and
private carriers may cancel a policy or decline to renew a policy upon the issuance of sixty days'
written advance notice to the policyholder: Provided, That cancellation of the policy by the carrier
for failure of consideration to be paid by the policyholder is effective after fifteen days advance
written notice of cancellation to the policyholder.
(f) Every private carrier shall notify the Insurance Commissioner or his or her designee of:
(i) The issuance or renewal of insurance coverage, within ten calendar days of the effective date of coverage; and (ii) a termination of coverage due to lapse, refusal to renew or cancellation, within
three business days of the effective date of the termination; such notifications shall be on forms
developed by the Insurance Commissioner.
§23-2C-18. Ratemaking; Insurance Commissioner.
(a) For the fiscal year beginning the first day of July, two thousand six, the company shall
charge the actuarially determined base rates for the fiscal year. The base rates shall be calculated by
the company and submitted for approval by the insurance commissioner.
(b) For the fiscal year beginning the first day of July, two thousand seven, the company shall
charge the actuarially determined base rates for said fiscal year. The base rates shall be calculated
by the company and submitted for approval by the insurance commissioner.
(c) Effective for the fiscal year beginning the first day of July, two thousand eight, all private
carriers' rates shall be governed by the following:
(1) For the period beginning on first day of July, two thousand eight, and ending on the
thirtieth day of June, two thousand nine, no more than five percent variance from the base rates
established by the insurance commissioner.
(2) For the period beginning on the first day of July, two thousand nine, and ending on the
thirtieth day of June, two thousand ten, no more than ten percent variance from the base rates
established by the insurance commissioner.
(d) For the period beginning on the first day of July, two thousand six through the thirtieth
day of June, two thousand ten, the company and, when applicable, a private carrier, may continue
to calculate experience modification factors and other related rating modification methodologies to
adequately insure individual employer risks.
(e) The variances provided in this section are only applicable to base rates and shall be
exclusive of experience modification and other related adjustments, including surcharges imposed
by this chapter.
(f) For the period beginning the first day of July, two thousand ten, and thereafter, the insurance commissioner shall set base rates for approved classifications and thereafter in accordance
with rules established in accordance with subsection nine of this section. Said rates shall be released
to the public at least ninety days prior to the first day of July each year. Within thirty days from this
release date, private carriers shall submit to the insurance commissioner their proposed rates, which
may be higher than the base rates established by the insurance commissioner. The insurance
commissioner retains authority to disapprove rates in effect if it is determined that the rates are not
in compliance with the following:
(a) (1) The rate-making provisions and premium provisions contained in article two of this
chapter shall not be applicable to the company or other private carriers. Rates for workers'
compensation insurance are subject to the provisions of this section, section eighteen-a of this article
and article twenty, chapter thirty-three of this code.
(2) In the event of any conflict, the provisions of this article shall have paramount effect, but
the provisions in chapters twenty-three and thirty-three of this code shall be construed as
complementary and harmonious unless so clearly in conflict that they cannot reasonably be
reconciled.
(b) An insurer shall file its rates by filing a multiplier to be added to prospective loss costs
that have been filed by the designated advisory organization on behalf of the insurer in accordance
with section eighteen-a of this article and may also file carrier specific rating plans.
(1) (c) Rates must not be excessive, inadequate or unfairly discriminatory, nor may an
insurer charge any rate which if continued will have or tend to have the effect of destroying
competition or creating a monopoly.
(2) (d) The Insurance Commissioner may disapprove rates if there is not a reasonable degree
of price competition at the consumer level with respect to the class of business to which they apply.
In determining whether a reasonable degree of price competition exists, the Insurance Commissioner
shall consider all relevant tests, including:
(A) (1) The number of insurers actively engaged in the class of business and their shares of the market;
(B) (2) The existence of differentials in rates in that class of business;
(C) (3) Whether long-run profitability for private carriers generally of the class of business
is unreasonably high in relation to its risk;
(D) (4) Consumers' knowledge in regard to the market in question; and
(E) (5) Whether price competition is a result of the market or is artificial. If competition
does not exist, rates are excessive if they are likely to produce a long-run profit that is unreasonably
high in relation to the risk of the class of business, or if expenses are unreasonably high in relation
to the services rendered.
(3) (d) Rates are inadequate if they are clearly insufficient, together with the income from
investments attributable to them, to sustain projected losses and expenses in the class of business to
which they apply.
(4) (e) One rate is unfairly discriminatory in relation to another in the same class if it clearly
fails to reflect equitably the differences in expected losses and expenses. Rates are not unfairly
discriminatory because different premiums result for policyholders with similar exposure to loss but
different expense factors, or similar expense factors but different exposure to loss, so long as the
rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they
are averaged broadly among persons insured under a group, franchise or blanket policy.
(g) The rate-making provisions and premium provisions contained in article two of this
chapter shall not be applicable to the company or other private carriers. The workers' compensation
board of managers, in consultation with the insurance commissioner shall issue an exempt legislative
rule to govern ratemaking and premium collection by the company and other private carriers.
§23-2C-18a. Designation of rating organization.
(a) For the purposes of this section:
(1) 'Classification system' or 'classification' means the plan, system or arrangement for
grouping risks with similar characteristics or a specified class of risk by recognizing differences in exposure to hazards.
(2) 'Experience rating' means a statistical procedure utilizing past risk experience to produce
a prospective premium credit, debit or unity modification.
(3) 'Prospective loss costs' means historical aggregate losses and loss adjustment expenses
projected through development to their ultimate value and through trending to a future point in time.
Prospective loss costs do not include provisions for profit or expenses other than loss adjustment
expenses.
(4) 'Statistical plan' means the plan, system or arrangement used in collecting data for rate
making or other purposes.
(b) The Insurance Commissioner shall designate one rating organization to:
(1) Assist the commissioner in gathering, compiling and reporting relevant statistical
information on an aggregate basis;
(2) Develop and administer, subject to approval by the commissioner, the uniform statistical
plan, uniform classification plan and uniform experience rating plan;
(3) Develop and file manual rules, subject to the approval of the commissioner, that are
reasonably related to the recording and reporting of data pursuant to the uniform statistical plan,
uniform experience rating plan and the uniform classification plan; and
(4) File with the commissioner for approval all prospective loss costs, provisions for special
assessments, all supplementary rating information and any changes, amendments or modification
of the forgoing proposed in this state.
(c) Each workers' compensation insurer shall:
(1) Record and report its workers' compensation experience to the designated rating
organization as set forth in the uniform statistical plan approved by the commissioner; and
(2) Adhere to the uniform classification plan and uniform experience rating plan developed
by the designated rating organization and approved by the commissioner.
(d) The commissioner may promulgate exempt legislative rules to implement the provisions of this section, including a rule providing for the equitable sharing and recovery of the expense of
the designated rating organization in performing the functions set forth in subsection (b) of this
section.
§23-2C-19. Premium Payment; employer default; special provisions as to employer default
collection.
(a) Each employer who is required to purchase and maintain workers' compensation
insurance or who elects to purchase workers' compensation insurance shall pay a premium to a
private carrier. Each carrier shall notify its policy holders of the mandated premium payment
methodology and under what circumstances a policy holder will be found to be in policy default.
(b) An employer who is required to purchase and maintain workers' compensation insurance
but fails to do so or otherwise enters policy default shall be deprived of the benefits and protection
afforded by this chapter, including section six, article two of this chapter, and the employer is liable
as provided in section eight of said article. The policy defaulted employer's liability under these
sections is retroactive to the day the policy default occurs. The private carrier shall notify the policy
defaulted employer of the method by which the employer may be reinstated with the private carrier.
(c) A private carrier is authorized to commence a civil action against an employer who, after
due notice, defaults on any payment. If judgment is against the employer, the employer shall pay the
costs of the action. Upon prevailing in a civil action, the private carrier is entitled to recover its
attorneys' fees and costs of action from the employer.
(d) In addition to the provisions of subsection (a) of this section, any payment, interest and
penalty due and unpaid under this chapter is a personal obligation of the employer, its officers and
its directors, immediately due and owing to the private carrier and shall, in addition, be a lien
enforceable against all the property of the employer: Provided, That the lien shall not be enforceable
as against a purchaser (including a lien creditor) of real estate or personal property for a valuable
consideration without notice, unless docketed as provided in section one, article ten-c, chapter thirty-
eight of this code: Provided, however, That the lien may be enforced as other judgment liens are enforced through the provisions of said chapter and the same is considered deemed by the circuit
court to be a judgment lien for this purpose.
(e) The secretary of state of this state shall withhold the issuance of any certificate of
dissolution or withdrawal in the case of any corporation organized under the laws of this state or
organized under the laws of any other state and admitted to do business in this state, until notified
by its private carrier that all payments, interest and penalties thereon against the corporation which
is an employer under this chapter have been paid or that provision satisfactory to the private carrier
has been made for payment.
(f) (c) In addition to any other liabilities provided in this section, the Insurance
Commissioner may impose an administrative fine of not more than ten thousand dollars against an
employer if the employer fails to provide mandatory coverage required by this chapter. Further, prior
to providing an applicant employer with coverage mandated in this chapter, all private carriers shall
exercise reasonable due diligence to ensure that an employer applicant has not been in policy default
with another carrier or in default with the commission. If it is discovered that the employer applicant
remains in policy default with another carrier or the commission, the company or new carrier shall
not provide the coverage mandated by this chapter until such time as the preexisting policy default
is cured. Any provider violating this provision may be fined not more than ten thousand dollars by
the insurance commissioner.
(g) (d) The company and the Insurance Commissioner shall be provided extraordinary powers
to collect any premium amounts payable to the workers' compensation fund or the new fund and due
from the first day of July, two thousand five, through the thirtieth day of June, two thousand eight.
Those powers shall include: (1) Withholding of coverage effective the first day of January, two
thousand six. Employers without coverage shall immediately be deprived of the benefits and
protection afforded by this chapter, including section six, article two of this chapter and the employer
is liable as provided in section eight of said article; (2) the right to maintain a civil action against all
officers and directors of the employer individually for collection of the premium owed; and (3) the right to immediately report the employers to the State Tax Department and other state agencies to
secure suspension of any and all licenses, certificates, permits, registrations and other similar
approval documents necessary for the employer to conduct business in this state.
(e) Every agency shall, upon notification of employer default by the Insurance Commissioner,
immediately begin the process to revoke or terminate any contract, license, permit, certificate or
other authority to conduct a trade, profession, or business in this state and shall refuse to issue, grant
or renew any such contract, license, permit, certificate or authority.
(1) The term 'employer default' means having an outstanding balance or liability to the old
fund or to the uninsured employers' fund or being in policy default, as defined in section two, of this
article, or failure to maintain mandatory workers' compensation coverage. An employer is not in
default if it has entered into a repayment agreement with the Insurance Commissioner and remains
in compliance with the obligations under the repayment agreement.
(2) The term 'agency' includes any unit of state government such as officers, agencies,
divisions, departments, boards, commissions, authorities or public corporations.
(f) Any amounts owed by an employer to the state as a result of an employer default is a
personal liability of the employer, its officers, owners, partners and directors and is immediately due
and owing and shall, in addition, be a lien enforceable against all the property of the employer, its
officers, owners, partners and directors: Provided, That the lien shall not be enforceable as against
a purchaser, including a lien creditor, of real estate or personal property for a valuable consideration
without notice, unless docketed as provided in section one, article ten-c, chapter thirty-eight of this
code: Provided, however, That the lien may be enforced as other judgment liens are enforced
through the provisions of said chapter and the same is considered by the circuit court to be a
judgment lien for this purpose.
(g) The Insurance Commissioner shall propose rules for adoption by the industrial council
to effectuate the purposes of this section including the conditions under which agencies shall comply
with the provisions of subsection (e) of this section and specifying how notice of default shall be given by the commissioner.
ARTICLE 5. REVIEW.
§23-5-9. Hearings on objections to Insurance Commissioner; private carrier or self-insured
employer decisions; mediation; remand.
a) Objections to a decision of the Workers' Compensation Commission, the successor to the
commission, other Insurance Commissioner, private insurance carriers and carrier or self-insured
employers employer, whichever is applicable, made pursuant to the provisions of section one of this
article shall be filed with the office of judges. Upon receipt of an objection, the office of judges shall
notify the commission, the successor to the commission, other Insurance Commissioner, private
insurance carriers and carrier or self-insured employers employer, whichever is applicable, and all
other parties of the filing of the objection. The office of judges shall establish by rule promulgated
in accordance with the provisions of subsection (e), section eight of this article an adjudicatory
process that enables parties to present evidence in support of their positions and provides an
expeditious resolution of the objection. The employer, the claimant, and the commission, the
successor to the commission, other Insurance Commissioner, private insurance carriers and carrier
or self-insured employers employer, whichever is are applicable, shall be notified of any hearing at
least ten days in advance. The office of judges shall review and amend, or modify, as necessary its
procedural rules by the first day of July, two thousand seven.
(b) The office of judges shall establish a program for mediation to be conducted in
accordance with the requirements of rule twenty-five of the West Virginia Trial Court Rules. The
parties may agree that the result of the mediation is binding. A case may be referred to mediation
by the administrative law judge on his or her own motion, on motion of a party or by agreement of
the parties. Upon issuance of an order for mediation, the office of judges shall assign a mediator
from a list of qualified mediators maintained by the West Virginia State Bar.
(c) The office of judges shall keep full and complete records of all proceedings concerning
a disputed claim. Subject to the rules of practice and procedure promulgated pursuant to section eight of this article, the record upon which the matter shall be decided shall include any evidence
submitted by a party to the office of judges and evidence taken at hearings conducted by the office
of judges. and any documents in the claim files which relate to the subject matter of the objection.
The record may include evidence or documents submitted in electronic form or other appropriate
medium in accordance with the rules of practice and procedure. The office of judges is not bound
by the usual common law or statutory rules of evidence.
(d) All hearings shall be conducted as determined by the chief administrative law judge
pursuant to the rules of practice and procedure promulgated pursuant to section eight of this article.
Upon consideration of the designated record, the chief administrative law judge or other authorized
adjudicator within the office of judges shall, based on the determination of the facts of the case and
applicable law, render a decision affirming, reversing or modifying the action protested. The
decision shall contain findings of fact and conclusions of law and shall be mailed to all parties.
(e) The rule authorized by subsection (a) of this section shall be promulgated on or before
the first day of October, two thousand three. Until the rule is promulgated, any rules previously
promulgated shall remain in full force and effect.
(f) (e) The office of judges may remand a claim to the commission, the successor to the
commission, other Insurance Commissioner, private insurance carriers and carrier or self-insured
employers employer, whichever is applicable, for further development of the facts or administrative
matters as, in the opinion of the administrative law judge, may be necessary for a full and complete
disposition of the case. The administrative law judge shall establish a time within which the
commission, the successor to the commission, other Insurance Commissioner, private insurance
carriers and carrier or self-insured employers employer, whichever is applicable, must report back
to the administrative law judge.
(g) (f) The decision of the workers' compensation office of judges regarding any objections
to a decision of the workers' compensation commission, the successor to the commission, other
Insurance Commissioner private insurance carriers and carrier or self-insured employers employer, whichever is applicable, is final and benefits shall be paid or denied in accordance with the decision,
unless an order staying the payment of benefits is specifically entered by the workers' compensation
board of review created in section eleven of this article or by the administrative law judge who
granted the benefits. No stay with respect to any medical treatment or rehabilitation authorized by
the office of judges may be granted. If the decision is subsequently appealed and reversed in
accordance with the procedures set forth in this article, and any overpayment of benefits occurs as
a result of such reversal, any such overpayment may be recovered pursuant to the provisions of
subsection (h), section one-c, article four or subsection (d), section one-d, article four of this chapter,
as applicable."
On motion of Delegate Webster, the amendment was amended on page thirty-six, section
eighteen, line thirteen, following the word "multiplier", by inserting the words "or multipliers".
And
On page thirty-six, section eighteen, line fourteen, following the word "be", by striking out
the word "added" and inserting in lieu thereof the word "applied".
The question now before the House being the amendment by the Committee on the Judiciary,
as amended, the same was put and prevailed.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 458),
and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Argento, Barker, Kessler, Martin, Perry and Walters.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 595) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk.
At the request of Delegate Webster, and by unanimous consent, the Committee title
amendment was withdrawn.
On motion of Delegate Webster, the title of the bill was then amended to read as follows:
Com. Sub. for S. B. 595 - "A Bill to amend and reenact §23-1-1 and §23-1-1f of the Code
of West Virginia, 1931, as amended; to amend and reenact §23-2-9 of said code; to amend and
reenact §23-2C-3, §23-2C-8, §23-2C-15, §23-2C-18 and §23-2C-19 of said code; to amend said code
by adding thereto a new section, designated §23-2C-18a; and to amend and reenact §23-5-9 of said
code, all relating to the transition to a private workers' compensation insurance system; expressing
legislative intent; permitting the Insurance Commissioner to hire additional exempt employees;
exempting the Insurance Commissioner from purchasing rules in some circumstances; changing
requirements for approval of self-insured status and for reports from self-insured employers; making
various technical changes necessitated by the transition to a private workers' compensation insurance
system; reducing frequency of certain payments from self-insured employers and private carriers;
authorizing the Insurance Commissioner to assess self-insured employers for certain funds; making
certain assessments against self-insured employers discretionary with the Insurance Commissioner;
clarifying how disputes related to claims against the Uninsured Employer Fund are resolved;
increasing time that employers must report certain changes in coverage to the Insurance
Commissioner; authorizing the Insurance Commissioner to promulgate exempt legislative rules;
revising rate-making process; defining terms; providing for the designation of a single rating
organization; deleting provisions regarding private carrier premium collection; requiring agencies
to terminate or revoke licenses, permits or certifications of employers in default to the state;
clarifying persons subject to certain liens; removing requirement that the record of proceedings
before the office of judges include certain documents; requiring the implementation of any benefit
or award granted by a decision of the Office of Judges, unless stayed by explicit order; placing
limitations on scope of permitted stay; and regarding the handling of resulting overpayments."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 459), and there were--yeas 95, nays
3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Argento, Barker and Martin.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 595) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 612, Increasing criminal penalties for violations of certain hunting and
fishing laws by nonresidents; on third reading, coming up in regular order, with an amendment
pending, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-9. Violations of chapter generally; penalties.
Any person violating any of the provisions of this chapter or rules and regulations
promulgated under the provisions of this chapter, the punishment for which is not prescribed, shall
be guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than
twenty nor more than three hundred dollars or confined in jail not less than ten or more than one
hundred days, or be both fined and imprisoned within the limitations aforesaid and, in the case of
a violation by a corporation, every officer or agent thereof directing or engaging in such violation
shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the same penalties
and punishment as herein provided: Provided, That any person violating subdivision three, section
five, article two of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall
be fined not less than one hundred dollars nor more than five hundred dollars and shall be imprisoned for not less than ten days nor more than one hundred days: Provided, however, That any
person violating sections forty-three and forty-five article two of this chapter who is in violation of
section twenty-seven, article two of this chapter, as a result of their failure to have a valid Class E
nonresident hunting and trapping license, as defined by section forty-two-d of this article, or, a valid
Class EE nonresident bear hunting license, as defined by section forty-two-e of this article, shall be
guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred fifty
dollars nor more than three five hundred dollars, or confined in jail not less than ten nor more than
one hundred days, or both fined and imprisoned within the limitations aforesaid: Provided further,
That any person who is in violation of section twenty-seven, article two of this chapter, as a result
of their failure to have a Class F nonresident fishing license, as defined by section forty-two-f of this
article, shall be guilty of a misdemeanor and, upon conviction thereof, fined not less than one
hundred dollars nor more than three hundred dollars, or confined in jail not less than ten nor more
than one hundred days, or both fined and imprisoned: And provided further, That any person
violating any parking or speeding regulations as promulgated by the director on any state parks, state
forests, public hunting and fishing areas and all other lands and waters owned, leased or under the
control of the department Division of Natural Resources shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than two nor more than one hundred dollars or imprisoned
in the county jail not more than ten days, or both fined and imprisoned."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 460),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 612) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 631, Providing refundable exemption for certain contractor purchases; on third reading,
coming up in regular order, with an amendment pending, was read a third time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page three, section eight-d, line thirty-two, following the words "first
day of", by striking out the word "January", and inserting in lieu thereof the word "July".
The bill was then read a third time.
Delegate Cowles requested to be excused from voting on the passage of S. B. 631 under the
provisions of House Rule 49, stating that he was a licensed contractor.
Delegates Border, Tabb and Pino also requested to be excused from voting on the passage
of the bill under the provisions of House Rule 49, stating that they were also employed in fields
related to licensed contracting.
The Speaker refused to excuse the Members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 461),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 631) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 697, Creating Appalachian Region Interstate Compact; on third reading,
coming up in regular order, with an amendment pending, was, at the request of Delegate DeLong,
and by unanimous consent, placed at the foot of bills on third reading.
Com. Sub. for S. B. 194, Relating to appeal bonds; on third reading, coming up in regular,
was, at the request of Delegate Webster, and by unanimous consent, placed at the foot of bills on
third reading.
Com. Sub. for S. B. 196, Relating to juvenile custody; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 462),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ennis, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 196) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 371, Exempting certain professional services from consumers sales and service tax; on
third reading, coming up in regular order, with the right to amend, was, at the request of Delegate
DeLong, and by unanimous consent, placed at the foot of bills on third reading.
S. B. 511, Repealing code section relating to insurance policies; on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 463),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 511) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2051, Including lasers as a method of proving the speed of vehicles.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators White, Green and Hall.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Hrutkay, Longstreth and Schadler.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Special Calendar
Third Reading
(Continued)
Com. Sub. for S. B. 524, Requiring proof of lawful disposal of solid waste; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 464),
and there were--yeas 89, nays 8, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Anderson, Armstead, Ashley, Moore, Moye, Staggers, Sumner and Walters.
Absent And Not Voting: Fleischauer, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 524) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 465), and there were--yeas 95, nays
3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Moore, Moye and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 524) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 582, Creating Real Estate Division in Department of Administration;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 466),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: J. Miller.
Absent And Not Voting: Stemple, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 582) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 467), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Stemple, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 582) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 12:55 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 2:30
p.m., and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
S. B. 336, Relating to higher education generally.
On motion of Delegate DeLong, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Doyle, Iaquinta and Anderson.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2568, Extending the sunset provision regarding racial profiling analysis.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, section three, lines one and two, by striking out the words "on the first day of
January, two thousand five".
On page two, section three, line five, by striking out the words "emergency and".
On page four, section three, line forty-nine, by striking out the word "On" and inserting in
lieu thereof the words "Annually, on".
On page four, section three, lines forty-nine and fifty, by striking out the words "two
thousand six, and each year thereafter,".
On page four, section three, line fifty-eight, by striking out the words "shall become effective after" and inserting in lieu thereof the words "were effective".
And,
On page five, section three, line sixty-three, by striking out the word "nine" and inserting in
lieu thereof the word "eight".
On motion of Delegate DeLong, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water,
telecommunications, electric and solid waste service.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-45. Theft of certain utility services; penalty.
Any person who knowingly and intentionally obtains the possession or use of crude, heating
or fuel oil, natural gas, water service, electric service or telecommunications service without the
knowledge and consent of the owner or provider thereof and with the intent to avoid payment
therefor shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail for not more
than one year or fined not more than two thousand dollars, or both."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 3161 - "A Bill to amend and reenact §61-3-45 of the Code of West Virginia, 1931, as amended, relating to creating the offense of theft of services involving crude,
heating or fuel oil, natural gas, water service, electric service or telecommunications service; offense;
and penalty."
On motion of Delegate DeLong, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Reordering of the Calendar
Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for S.
B. 175, Com. Sub. for S. B. 177, S. B. 203, S. B. 505 and S. B. 748, on third reading, House
Calendar, to the Special Calendar and Com. Sub. for S. B. 678, on third reading, Special Calendar
to the House Calendar.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
On behalf of all members of the House, the following resolution was introduced, which was
read by the Clerk, as follows:
H. R. 42 - "In Recognition of the Outstanding Career and Extolling the Unfaltering Service
of Rita Watson to the House of Delegates and to the State of West Virginia."
Whereas, Rita Watson was born in Wellsburg, West Virginia, the daughter of Nellie and
Henry Wilson, at a time of great economic difficulty in the United States generally. Rita grew up as
a child of six, surrounded by her siblings Ursula, Mary, Jo-Anne, Henry and John. Rita's father died
when she was a young child, and her Mother raised the children on her own, assisted, no doubt, by
Rita herself. It was during those early and formative years that the core value of service and
responsibility we see in Rita today took root.
Rita and her husband William Franklin Watson were married in 1951, and they are the
parents of three children: Edwin Watson, Barbara Walker and Patricia Watson. Rita is a grandmother of four: David Humphrey, Kimberly Humphrey, Annie Walker and Evan Walker.
Rita's upbringing, childhood, high school and university education prepared her for what was
to evolve into her life's work, characterized by her meticulous care in whatever she does. The story
goes that on an early job interview, the applicants were assigned to write a letter to the Fire Marshal
and Rita was the only applicant who spelled "Marshal" correctly. She got the job.
Rita Watson has been a dedicated employee of the House Judiciary Committee for forty-two
years, beginning her employment with the House in 1966. She has served in the capacity of
Secretary, Administrative Secretary, Administrative Assistant and currently as Executive Assistant
of the House Judiciary Committee. Eleven Judiciary Chairmen, eight Speakers and three House
Clerks have benefitted from her as a valued staff person and as a friend. She has trained countless
young attorneys and staff committed to her stern and demanding- yet kind and nurturing- care, and
has gently nudged the Chairs of her Committee and the Counsel under her eye to do things correctly.
Her watchful eye has saved bills and committee reports from technical deficiency and flaw, and she
has walked to the moon and back on trips to the House Clerk's Office to deliver her reports or to
make a correction to one of her bills. Once, during the tenure of Speaker Chuck Chambers, she was
dutifully delivering an awaited report to the House Clerk while the House was in session. As she
walked across the floor, her hand raised in regal gesture for the Speaker to halt the proceedings while
she handed the report to the Clerk. The Speaker dutifully complied, and the House was silent.
Rita's territorial approach to the manner in which things are done in her Committee has been
because of her love of her life's work and the laws she has helped produce. It would be reasonable
to assume that probably half of the verbiage in the West Virginia Code as it currently exists has gone
through the hands of Rita Watson in one form or another.
Rita Watson has remained professionally apart from politics, but privately she worked in
political activities such as Jim Sprouse for Governor, Lee Kenna for Governor, Kelly Castleberry
for County Clerk, for her husband - Bill Watson - for Magistrate, and the Robert F. Kennedy
Presidential Campaign.
Rita is a valued member of her community. She has been a Girl Scout Leader, a United Way Volunteer, a Member of the University of Charleston Women Builders, Midland Garden Club
Member, Cotillion Dance Club Member, a member of Saint Francis Guild and an ever-present
member of Sacred Heart Cathedral.
At the end of the Regular Session, 2007, on March 10 or thereabouts, Rita Watson will retire
from active service to the House. She has become an icon and a den mother to thousands of
members and staff throughout her long tenure. She has left her mark on those who have benefitted
from knowing her and working with her. She has been a constant friend.
The rich history of the institutional House of Delegates would not be what it is today had it
not been for Rita Watson; therefore, be it
Resolved by the House of Delegates, all members concurring herein:
That it is with heartfelt gratitude that the members and staff of the House of Delegates hereby
extend congratulations and best wishes for the future to Rita W. Watson upon this momentous
occasion of her retirement after forty-two years of service; that the House formally takes note of her
incalculable contributions, her unfaltering dedication and love of her work and her Judiciary
Committee, and enrolls her as the Executive Assistant Emeritus of the House Judiciary Committee;
and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this
resolution for presentation to Rita W. Watson on Saturday, March 10, 2007, and that the Clerk of
the House also transmit certified copies to William Franklin Watson, Husband; Edwin Watson, Son;
Barbara Walker, Daughter; and Patricia Watson, Daughter.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 42) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate DeLong demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 468), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 42) adopted.
Unanimous consent having been obtained, the remarks of Governor Manchin, Mr. Speaker,
Mr. Thompson, and Delegate Webster regarding the career of Rita Watson, were ordered printed in
the Appendix to the Journal.
Special Calendar
Third Reading
Com. Sub. for S. B. 175, Creating Clandestine Drug Laboratory Remediation Act; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 469),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Fleischauer, Moore, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 175) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 177, Creating Division of Energy; on third reading, coming up in regular
order was reported by the Clerk.
At the request of Delegate White, and by unanimous consent, the rule was suspended to
permit the offering and consideration of an amendment on third reading.
On motion of Delegates White and Kominar, the bill was then amended on page twenty-
eight, section seven, line thirteen, following the word "code" and the period, by inserting the words
"These fees cannot be increased except by legislative rule and cannot be used to fund additional
positions in the Division of Energy in future years."
There being no further amendments, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 470),
and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Carmichael, Frederick, Michael, C. Miller, J. Miller and Sobonya.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 177) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2498, Relating to sexual offenses involving children.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Minard, Wells and McKenzie.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Miley, Burdiss and Azinger.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Special Calendar
Third Reading
S. B. 203, Creating Purchasing Improvement Fund; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 471),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 203) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 505, Relating to State Police Death, Disability and Retirement Fund; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 472),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 505) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Report Avalabilty
At 3:22 p.m., the Clerk announced availability in his office of the report of the Committee
of Conference on S. B. 438.
Special Calendar
Third Reading
S. B. 748, Relating to structuring Electronic Telecommunication Open Infrastructure Act;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 473),
and there were--yeas 60, nays 38, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Amores, Andes, Armstead, Ashley, Blair, Border, Cann, Carmichael, Cowles, Craig,
Crosier, Doyle, Duke, Ellem, Frederick, Kessler, Kominar, Lane, Long, Michael, C. Miller, J.
Miller, Overington, Palumbo, Porter, Reynolds, Schadler, Schoen, Shaver, Sobonya, Spencer,
Stalnaker, Sumner, Tabb, Tansill, Walters, Wells and Williams.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 748) passed.
An amendment to the title of the bill, recommended by the Committee on Government
Organization, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 748 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8,
§5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14 and §5B-4-15, all relating to
expanding technology infrastructure to provide broadband internet access throughout the state of
West Virginia; creating the Electronic Telecommunication Open Infrastructure Act (ETOPIA);
providing definitions for terms used in the article; setting forth legislative findings; requiring an
inventory and mapping of the current availability of access to broadband communications in this
state; developing coordinated deployment and operation of technology infrastructure within this
state; providing for technology infrastructure inventory, local government cooperation, and inventory
survey reporting requirements; authorizing emergency and legislative rules; prescribing the authority
of the Secretary of Department of Administration; describing specific authorized disclosures of
confidential information; creating Joint Legislative Oversight Commission on Transportation and
Infrastructure; providing subpoena powers; providing for enforcement of subpoena power through
a court of competent jurisdiction; prescribing the powers and duties of the Secretary of Commerce;
establishing reporting requirements; authorizing Secretary to provide technical and funding assistance to develop technology infrastructure; authorizing secretary to engage in consulting
services for fee; authorizing contractual and joint venture agreements; providing for the liberal
construction of article; utilizing broadband infrastructure, technology and information to enhance
early childhood development; providing for the confidentiality of trade secrets and proprietary
information; and providing for criminal penalties for unlawful disclosure of confidential information
or data."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 474), and there were--yeas 94, nays
4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Craig, J. Miller, Schoen and Sobonya.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 748) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 599, Eliminating early resignation notification bonus for certain
teachers; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 475),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 599) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 599 - "A Bill to amend and reenact §18A-2-2 of the Code of West
Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18A-2-5a, all relating to employment of teachers and other school employees;
eliminating the early notification payment for a classroom teacher who gives notice of resignation;
authorizing a payment for early notification of retirement to employees other than classroom teachers
under certain circumstances; and making certain technical changes."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 613, Relating to crossbow restrictions; on third reading, coming up in regular order, was
read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 476),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 613) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 753, Filling vacancies in nominations for general elections; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 477),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 753) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 758, Supplementing and amending appropriations from federal funds to Department of Health and Human Resources; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 478), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 758) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 479), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 758) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 759, Making supplemental appropriation to Division of Health and Board of Examiners
for Registered Professional Nurses; on third reading, coming up in regular order, was read a third
time.
Delegate Martin requested to be excused from voting on the passage of S. B. 759 under the
provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 480), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 759) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 481), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 759) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 194, Relating to appeal bonds; on third reading, coming up in regular
order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S.
B. 194 under the provisions of House Rule 49, stating that his employer may be affected by the
passage of the bill.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 482),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 194) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 194 - "A Bill to amend and reenact §58-5-14 of the Code of West
Virginia, 1931, as amended, relating to appeal bonds; limiting bond amounts; consolidating multiple
judgments for bonding purposes; providing exceptions to bonding limitations; and providing for the adjustment of the appeal bonding limitations to reflect changes in the consumer price index."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 371, Exempting certain professional services from consumers sales and service tax; on
third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegates White and Kominar, the bill was amended on page three, section
eight, line nineteen, following the word "reporters", by inserting the words "court room videographer
or a videographer working under the direction of a court reporter not taxable under this article or a
licensed attorney" and a comma.
On motion of Delegate DeLong , the House of Delegates recessed for five minutes, and
reconvened at that time.
On motion of Delegates Carmichael and Walters, the bill was amended on page three, section
eight, line nineteen, by striking out the words "registered lobbyists" and the comma.
And,
On page three, section eight, line twenty-seven, after the word "commissioner", by striking
out the period and inserting in lieu thereof the following proviso:
"Provided, That the exemption for professional and personal services does not include
registered lobbyists; nor does the exemption for professional and personal services include lawyers
when performing 'lobbying' or 'lobbying activity' as defined by section one, article three, chapter
six-b of this code."
On motion of Delegate Williams, the bill was then amended on page three, following line
twenty-seven, by inserting the following:
"ARTICLE 21. PERSONAL INCOME TAX.
PART I. GENERAL.
§11-21-10b. Credit for expense of reprogramming cash register.
On and after the first day of July, two thousand seven, a credit is allowed against the tax
imposed by the provisions of this article in the amount of one hundred dollars to any eligible taxpayer engaging in a business activity classified as having a sector identifier consisting of the first
three digits of the six-digit North American Industry Classification System code number of 445, or
engaging in a business activity classified as having a sector identifier consisting of the six-digit North
American Industry Classification System code number of 446110 or 447110: Provided, That the
credit authorized by this section may be applied in any taxable year in which the eligible taxpayer
was required to reprogram its cash registers because of a change in the consumers sales and service
tax rate imposed by section three-a, article fifteen of this chapter on sales of food and food
ingredients: Provided, however, That only a taxpayer with gross revenue that is less than two million
dollars for the immediately preceding taxable year is eligible to use the credit authorized by this
section.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-11b. Credit for expense of reprogramming cash register.
On and after the first day of July, two thousand seven, a credit is allowed against the tax
imposed by the provisions of this article in the amount of one hundred dollars to any eligible
taxpayer engaging in a business activity classified as having a sector identifier consisting of the first
three digits of the six-digit North American Industry Classification System code number of 445, or
engaging in a business activity classified as having a sector identifier consisting of the six-digit North
American Industry Classification System code number of 446110 or 447110: Provided, That the
credit authorized by this section may be applied in any taxable year in which the eligible taxpayer
was required to reprogram its cash registers because of a change in the consumers sales and service
tax rate imposed by section three-a, article fifteen of this chapter on sales of food and food
ingredients: Provided, however, That only a taxpayer with gross revenue that is less than two million
dollars for the immediately preceding taxable year is eligible to use the credit authorized by this
section."
And,
On page one, by amending the enacting section to read as follows:
"That §11-15-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §11-21-10b; and that said
code be amended by adding thereto a new section, designated §11-24-11b, all to read as follows"
followed by a colon.
On motion of Delegates White and Kominar , the bill was further amended on page two,
section eight, line seventeen, following the word "embalmers", by inserting the words "licensed
funeral directors" and a comma.
There being no further amendments, the bill was then read a third time.
Delegates Schadler, Campbell, Manchin, Schadler, Tabb and Williams requested to be
excused from voting on the passage of S. B. 371 under the provisions of House Rule 49,
The Speaker refused to excuse the Gentleman from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 483),
and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Amores, Hutchins, Klempa and Shook.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 371) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Report Availability
At 4:00 p.m., the Clerk announced the availability in his office of the reports of the
Committee of Conference on S. B. 454 and S. B. 589.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate 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
Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Bowman, Chafin and Yoder.
Special Calendar
Third Reading
Com. Sub. for S. B. 697, Creating Appalachian Region Interstate Compact; on third reading,
coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page two, following the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"That §7-12-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that said code be amended by adding thereto a new article, designated §7-24-1, all to read as
follows:
ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.
§7-12-7. Powers generally.
(a) The development authority is hereby given power and authority as follows: (1) To make
and adopt all necessary bylaws and rules for its organization and operations not inconsistent with
laws; (2) to elect its own officers, to appoint committees and to employ and fix compensation for
personnel necessary for its operation; (3) to enter into contracts with any person, agency,
governmental department, firm or corporation, including both public and private corporations, and
generally to do any and all things necessary or convenient for the purpose of promoting, developing
and advancing the business prosperity and economic welfare of the county in which it is intended
to operate, its citizens and industrial complex, including, without limiting any of the foregoing, the
construction of any building or structure for lease to the federal government or any of its agencies or departments, and in connection therewith to prepare and submit bids and negotiate with the
federal government or such agencies or departments in accordance with plans and specifications and
in the manner and on the terms and conditions and subject to any requirements, regulations, rules
and laws of the United States of America for the construction of said buildings or structures and the
leasing thereof to the federal government or such agencies or departments; (4) to amend or
supplement any contracts or leases or to enter into new, additional or further contracts or leases upon
such terms and conditions, for such consideration and for such term of duration, with or without
option of renewal, as may be agreed upon by the authority and such person, agency, governmental
department, firm or corporation; (5) unless otherwise provided for in, and subject to the provisions
of, such contracts, or leases, to operate, repair, manage and maintain such buildings and structures
and provide adequate insurance of all types, and in connection with the primary use thereof and
incidental thereto to provide such services, such as barber shops, newsstands, drugstores and
restaurants, and to effectuate such incidental purposes, grant leases, permits, concessions or other
authorizations to any person or persons, upon such terms and conditions, for such consideration and
for such term of duration as may be agreed upon by the authority and such person, agency,
governmental department, firm or corporation; (6) to delegate any authority given to it by law to any
of its officers, committees, agents or employees; (7) to apply for, receive and use grants-in-aid,
donations and contributions from any source or sources and to accept and use bequests, devises, gifts
and donations from any person, firm or corporation; (8) to acquire real property by gift, purchase or
construction, or in any other lawful manner, and hold title thereto in its own name and to sell, lease
or otherwise dispose of all or part of such real property which it may own, either by contract or at
public auction, upon the approval by the board of directors of the development authority; (9) to
purchase or otherwise acquire, own, hold, sell, lease and dispose of all or part of any personal
property which it may own, either by contract or at public auction; (10) pursuant to a determination
by the board that there exists a continuing need for programs to alleviate and prevent unemployment
within the county in which the authority is intended to operate or aid in the rehabilitation of areas
in said county which are underdeveloped, decaying or otherwise economically depressed, and that moneys or funds of the authority are necessary therefor, to borrow money and execute and deliver
the authority's negotiable notes, mortgage bonds, other bonds, debentures and other evidences of
indebtedness therefor, on such terms as the authority shall determine, and give such security therefor
as shall be requisite, including giving a mortgage or deed of trust on its real or personal property and
facilities in connection with the issuance of mortgage bonds; (11) to raise funds by the issuance and
sale of revenue bonds in the manner provided by the applicable provisions of article sixteen, chapter
eight of this code, it being hereby expressly provided that a development authority created under this
article is a 'governing body' within the definition of that term as used in said article sixteen, chapter
eight of this code; and (12) to expend its funds in the execution of the powers and authority herein
given, which expenditures, by the means authorized herein, are hereby determined and declared as
a matter of legislative finding to be for a public purpose and use, in the public interest, and for the
general welfare of the people of West Virginia, to alleviate and prevent economic deterioration and
to relieve the existing critical condition of unemployment existing within the state.
(b) The amendment of this section enacted in the year one thousand nine hundred ninety-
eight is intended to clarify the intent of the Legislature as to the manner in which an authority may
sell, lease or otherwise dispose of real and personal property owned by an authority and shall be
retroactive to the date of the prior enactment of this section.
(c) Notwithstanding any provision of this code to the contrary, any development authority
participating in the Appalachian Region Interstate Compact pursuant to chapter seven-a of this code
may agree to a revenue and economic growth-sharing arrangement with respect to tax revenues and
other income and revenues generated by any facility owned by an authority. Any development
authority or member locality may be located in any jurisdiction participating in the Appalachian
Region Interstate Compact or a similar agreement for interstate cooperation for economic and
workforce development authorized by law. The obligations of the parties to any such agreement
shall not be debt within the meaning of section eight, article X of the Constitution of West Virginia.
Any such agreement shall be approved by a majority vote of the governing bodies of the member
localities reaching such an agreement but does not require any other approval.
(d) 'Member localities' means the counties, municipalities or combination thereof, which are
members of an authority.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 24. APPALACHIAN REGION INTERSTATE COMPACT
§7-24-1. Appalachian Regional Interstate Compact; form of compact.
The Appalachian Region Interstate Compact (the compact) is hereby created and entered into
with all other jurisdictions legally joining therein in the form substantially as follows:
Article I. Short title.
This act shall be known and may be cited as the Appalachian Region Interstate Compact.
Article II. Compact established.
Pursuant to section ten, article I of the Constitution of the United States, the signatories
hereby provide a mechanism for the creation of one or more authorities for the purpose of developing
one or more facilities to enhance the regional economy that shall constitute instrumentalities of the
signatories. For purposes of this chapter, 'Appalachian Region' means the areas included in 'region'
as defined in §403 of the Appalachian Regional Development Act of 1965, as amended (40 U. S. C.
§14102 (a)(1)).
Article III. Agreement.
The State of West Virginia may enter into agreement with one or more signatory states and,
upon adoption of this compact, agree as follows:
1. To study, develop and promote a plan for the design, construction, financing and operation
of interstate facilities of strategic interest to the signatory states;
2. To coordinate efforts to establish a common legal framework in all the signatory states to
authorize and facilitate design, construction, financing and operation of such facilities either as
publicly operated facilities or through other structures authorized by law;
3. To advocate for federal and other public and private funding to support the establishment
of interstate facilities of interest to all signatory states;
4. To make available to such interstate facilities funding and resources that are or may be appropriated and allocated for that purpose; and
5. To do all things necessary or convenient to facilitate and coordinate the economic and
workforce development plans and programs of the State of West Virginia and the other signatory
states to the extent such plans and programs are not inconsistent with federal law and the laws of the
State of West Virginia or other signatory states.
Article IV. Compact commission established; membership; chairman; meetings; and report.
Each signatory state to the compact shall establish a compact commission. In West Virginia,
the Appalachian Region Interstate Compact Commission (the commission) shall be established as
a regional instrumentality and agency of the State of West Virginia and the signatory states. The
compact commissions of the signatory states shall be empowered to carry out the purposes of their
respective compacts.
The Appalachian Region Interstate Compact Commission shall consist of six members from
each of the other signatory states to be appointed pursuant to the laws of the signatory states and six
members of the West Virginia delegation to the commission to be appointed as follows: Three
members to be appointed by the President of the Senate and three members to be appointed by the
Speaker of the House of Delegates. Members of the West Virginia delegation to the compact
commission shall serve terms coincident with their terms of office if an elected state or local
representative, and may be reappointed. Members who are not elected officials shall serve a term
of four years and may be reappointed. The chairman of the commission shall be elected by the
members of the commission from among its membership. The chairman shall serve for a term of
two years and the chairmanship shall rotate among the signatory states.
The commission shall meet not less than twice annually; however, the commission shall not
meet more than once consecutively in the same state.
Article V. Powers and duties of the commission.
The commission is vested with the powers of a body corporate, including the power to sue
and be sued in its own name, plead and be impleaded and adopt and use a common seal and alter the
same as may be deemed expedient. In addition to the powers set forth elsewhere in this chapter, the commission may:
1. Adopt bylaws, rules and regulations to carry out the provisions of this chapter;
2. Employ, either as regular employees or as independent contractors, consultants, engineers,
architects, accountants, attorneys, financial experts, construction experts and personnel,
superintendents, managers and other professional personnel, personnel and agents as may be
necessary in the judgment of the commission and fix their compensation;
3. Determine the locations of, develop, establish, construct, erect, repair, remodel, add to,
extend, improve, equip, operate, regulate and maintain facilities to the extent necessary or convenient
to accomplish the purposes of the compact;
4. Acquire, own, hold, lease, use, sell, encumber, transfer, or dispose of, in its own name, any
real or personal property or interests therein;
5. Invest and reinvest funds of the commission;
6. Enter into contracts of any kind and execute all instruments necessary or convenient with
respect to its carrying out the powers in this chapter to accomplish the purposes of the compact;
7. Expend such funds as may be available to it for the purpose of developing facilities,
including, but not limited to: (i) Purchasing real estate; (ii) grading sites; (iii) improving, replacing
and extending water, sewer, natural gas, electrical and other utility lines; (iv) constructing,
rehabilitating and expanding buildings; (v) constructing parking facilities; (vi) constructing access
roads, streets and rail lines; (vii) purchasing or leasing machinery and tools; and (viii) making any
other improvements deemed necessary by the commission to meet its objectives;
8. Fix and revise, from time to time, and charge and collect rates, rents, fees or other charges
for the use of facilities or for services rendered in connection with the facilities in accordance with
applicable state and federal laws and as approved by the commission;
9. Borrow money from any source for any valid purpose, including working capital for its
operations, reserve funds or interest; mortgage, pledge or otherwise encumber the property or funds
of the commission; and contract with or engage the services of any person in connection with any
financing, including financial institutions, issuers of letters of credit or insurers;
10. Issue bonds the principal and interest on which are payable exclusively from the revenues
and receipts of a specific facility in accordance with applicable laws;
11. Accept funds and property from the state and other signatory jurisdictions, persons,
counties, cities and towns and use the same for any of the purposes for which the commission is
created;
12. Apply for and accept grants or loans of money or other property from any federal agency
for any of the purposes authorized in this chapter and expend or use the same in accordance with the
directions and requirements attached thereto or imposed thereon by any such federal agency;
13. Make loans or grants to, and enter into cooperative arrangements with, any person,
partnership, association, corporation, business or governmental entity in furtherance of the purposes
of this chapter for the purposes of promoting economic and workforce development, provided that
such loans or grants shall be made only from revenues of the commission that have not been pledged
or assigned for the payment of any of the commission's bonds, and to enter into such contracts,
instruments, and agreements as may be expedient to provide for such loans, and any security
therefor. The word 'revenues' as used in this subdivision includes grants, loans, funds and property,
as set out in subdivisions (11) and (12) of this article;
14. Enter into agreements with political subdivisions of the state for joint or cooperative
action;
15. Exercise any additional powers granted to it by subsequent legislation; and
16. Do all things necessary or convenient to carry out the purposes of this chapter.
Article VI. Funding and compensation.
The commission may utilize for its operation and expenses: (i) Funds that may be generated
by borrowing, gifts and grants; (ii) funds appropriated to it for such purposes by the West Virginia
Legislature and the legislatures of the other signatory states, (iii) federal funds; and (iv) revenues
collected for the use of any facility approved by the commission.
Members of the West Virginia delegation to the commission shall not receive compensation
but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties to the commission. All such expenses shall be paid from existing appropriations, gifts, grants,
federal funds, or other revenues collected for the use of any facility approved by the commission.
Members of the commission representing other signatory states shall receive compensation and
reimbursement of expenses incurred in the performance of their duties to the commission in
accordance with the applicable laws of the respective signatory states.
The provisions of this act shall become effective upon the enactment of the Appalachian
Region Interstate Compact as authorized by this article and upon the enactment of this compact by
at least one other state in accordance with its terms and federal law."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 484),
and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Sobonya.
Absent And Not Voting: Carmichael, M. Poling, Talbott, Ron Thompson and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 697) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 697 - "A Bill to amend and reenact §7-12-7 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §7-
24-1, all relating to the Appalachian Regional Interstate Compact; authorizing revenue sharing
agreements between development authorities or similar authorities outside the state; providing that
certain obligations of development authorities are not debts pursuant to section eight, article X of
the Constitution of West Virginia; creating the Appalachian Regional Interstate Compact; providing
a short title; establishing the compact and authorizing membership under certain conditions; setting
forth powers and duties of compact members; providing for six compact commissioners; authorizing
appointment by the President of the Senate and the Speaker of the House of Delegates; specifying terms of service; providing for funding for operating expenses; providing that members will receive
compensation and reimbursement for reasonable and necessary expenses as determined by each state;
and providing that the act will become effective upon adoption of at least one other state."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for
S. B. 738, Requiring WV Parkways, Economic Development and Tourism
Authority present proposed toll revision to Joint Committee on Government and Finance.
On motion of Delegate DeLong, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Moore, Long and Porter.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 4:10 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00
p.m., and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
S. B. 747, Creating Municipal Home Rule Pilot Program.
On motion of Delegate DeLong, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of
five from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Fleischauer, Shook, Moye, Guthrie and Ellem.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate 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
Com. Sub. for S. B. 738, Requiring legislative approval of proposed new or revised existing
toll by Parkways Authority.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Chafin, Stollings and Caruth..
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2309, Relating to tourism development projects and tourism expansion
projects.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page thirteen, section four, line thirteen, by striking out the word "and".
On page thirteen, section four, line fifteen, after the word "transaction" by changing the
period to a semicolon and inserting the following: "and
(4) Provide an annual report to the Joint Committee on Government and Finance before the first day of December, two thousand seven, and publish on the website a list of all approved tourism
development projects and tourism development expansion projects."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2309 - "A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5,
§5B-2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9 and §5B-2E-11 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §5B-2E-7a, all
relating to tourism development act tax credits; providing definitions; providing additional powers
and duties of the development office; making certain entities ineligible for the credit; modifying total
amount of tourism development project tax credit available on or near reclaimed surface mining
operation; setting certain deadlines; modifying total amount of tourism development project tax
credit available during calendar years; creating a tourism development expansion project credit;
implementing a one million five hundred thousand dollar tax credit maximum availability for
tourism development expansion projects; authorizing the promulgation of rules to establish a tourism
development expansion project application process; and establishing a termination date for action
on applications for tourism development projects and validity of such projects not previously
approved."
On motion of Delegate DeLong, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Reordering of the Calendar
Delegate DeLong announced that the Committee on Rules had transferred Com. Sub. for S.
B. 678, on third reading, Special Calendar, to the House Calendar; and Com. Sub. for S. B. 337, on
third reading, House Calendar, to the Special Calendar.
Still being in possession of the Clerk, H. B. 3184, Relating to confidentiality, disclosure and
authorization for disclosure of mental health information, was taken up for further consideration.
On motion of the Delegate Perdue, the House then reconsidered the vote on the passage of
the bill.
The House then reconsidered the motion whereby the House of Delegates concurred in the
Senate amendment.
The question before the House being the Senate amendments to the bill, the same was stated
by the Speaker.
On motion of Delegate Perdue, the House of Delegates then concurred in the Senate
amendments, with amendment, as follows:
On page three of the Senate amendment, section one, line five, following the word "patient",
by inserting the words "or legal representative".
The bill, as amended by the Senate, and as further amended the House, was then put upon
its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 495), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Anderson, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3184) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Special Calendar
Third Reading
Com. Sub. for S. B. 337, Establishing greenhouse gases inventory program; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 486),
and there were--yeas 67, nays 31, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Azinger, Blair, Border, Cann, Canterbury, Carmichael, Cowles, Craig, Duke, Ennis, Frederick, Hartman, Ireland, Kominar, Lane, Long, Michael, C. Miller,
J. Miller, Overington, Porter, Schadler, Schoen, Sobonya, Stalnaker, Sumner, Tansill and Walters.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 337) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Conference Committee Report Availability
At 5:44 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for H. B. 2670.
Delegate Border asked and obtained unanimous consent that the remarks of Delegate
Canterbury regarding green house emissions and global warming be printed in the Appendix to the
Journal.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2007, Budget Bill, making appropriations of public money out of the
treasury in accordance with section fifty-one, article six of the Constitution.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"TITLE I-GENERAL PROVISIONS.
Section 1. General policy.-The purpose of this bill is to appropriate money necessary for
the economical and efficient discharge of the duties and responsibilities of the state and its agencies
during the fiscal year two thousand eight.
Sec. 2. Definitions.-For the purpose of this bill:
'Governor' shall mean the governor of the state of West Virginia.
'Code' shall mean the code of West Virginia, one thousand nine-hundred thirty-one, as
amended.
'Spending unit' shall mean the department, bureau, division, office, board, commission,
agency or institution to which an appropriation is made.
The 'fiscal year two thousand eight' shall mean the period from the first day of July, two
thousand seven, through the thirtieth day of June, two thousand eight.
'General revenue fund' shall mean the general operating fund of the state and includes all
moneys received or collected by the state except as provided in section two, article two, chapter
twelve of the code or as otherwise provided.
'Special revenue funds' shall mean specific revenue sources which by legislative enactments
are not required to be accounted for as general revenue, including federal funds.
'From collections' shall mean that part of the total appropriation which must be collected by
the spending unit to be available for expenditure. If the authorized amount of collections is not
collected, the total appropriation for the spending unit shall be reduced automatically by the amount
of the deficiency in the collections. If the amount collected exceeds the amount designated 'from
collections,' the excess shall be set aside in a special surplus fund and may be expended for the
purpose of the spending unit as provided by article two, chapter eleven-b of the code.
Sec. 3. Classification of appropriations.-An appropriation for:
'Personal services' shall mean salaries, wages and other compensation paid to full-time, part-
time and temporary employees of the spending unit but shall not include fees or contractual
payments paid to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for 'personal services' shall include salaries of
heads of spending units.
'Annual increment' shall mean funds appropriated for 'eligible employees' and shall be
disbursed only in accordance with article five, chapter five of the code.
Funds appropriated for 'annual increment' shall be transferred to 'personal services' or other
designated items only as required.
'Employee benefits' shall mean social security matching, workers' compensation,
unemployment compensation, pension and retirement contributions, public employees insurance
matching, personnel fees or any other benefit normally paid by the employer as a direct cost of
employment. Should the appropriation be insufficient to cover such costs, the remainder of such cost
shall be transferred by each spending unit from its 'personal services' line item or its 'unclassified'
line item or other appropriate line item to its 'employee benefits' line item. If there is no
appropriation for 'employee benefits,' such costs shall be paid by each spending unit from its
'personal services' line item, its 'unclassified' line item or other appropriate line item. Each
spending unit is hereby authorized and required to make such payments in accordance with the
provisions of article two, chapter eleven-b of the code.
'BRIM Premiums' shall mean the amount charged as consideration for insurance protection
and includes the present value of projected losses and administrative expenses. Premiums are
assessed for coverages, as defined in the applicable policies, for claims arising from, inter alia,
general liability, wrongful acts, property, professional liability and automobile exposures.
Should the appropriation for 'BRIM Premiums' be insufficient to cover such cost, the
remainder of such costs shall be transferred by each spending unit from its 'personal services' line
item, its 'employee benefit' line item, its 'unclassified' line item or any other appropriate line item
to 'BRIM Premiums' for payment to the Board of Risk and Insurance Management. Each spending
unit is hereby authorized and required to make such payments.
Each spending unit shall be responsible for all contributions, payments or other costs related
to coverage and claims of its employees for unemployment compensation. Such expenditures shall
be considered an employee benefit.
'Current expenses' shall mean operating costs other than personal services and shall not
include equipment, repairs and alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly for all postage meter service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures
shall be considered a current expense.
'Equipment' shall mean equipment items which have an appreciable and calculable period
of usefulness in excess of one year.
'Repairs and alterations' shall mean routine maintenance and repairs to structures and minor
improvements to property which do not increase the capital assets.
'Buildings' shall include new construction and major alteration of existing structures and the
improvement of lands and shall include shelter, support, storage, protection or the improvement of
a natural condition.
'Lands' shall mean the purchase of real property or interest in real property.
'Capital outlay' shall mean and include buildings, lands or buildings and lands, with such
category or item of appropriation to remain in effect as provided by section twelve, article three,
chapter twelve of the code.
Any savings generated by an agency or department within the General Revenue Fund through
efficiency or operational measures shall be transferred to the 'efficiency savings' (activity 799) line
within the department after first justifying and documenting the savings. Once funds have been
transferred to the 'efficiency savings' line, the funds may then be transferred to other activities within
the same department as determined by the cabinet secretary and approved by the Governor. No
funds transferred from the efficiency savings activity may be used to increase 'personal services.'
Funds transferred related to 'efficiency savings' are not subject to the five percent secretary transfer
limitation.
From appropriations made to the spending units of state government, upon approval of the
governor there may be transferred to a special account an amount sufficient to match federal funds
under any federal act.
Appropriations classified in any of the above categories shall be expended only for the
purposes as defined above and only for the spending units herein designated: Provided, That the
secretary of each department shall have the authority to transfer within the department those general revenue funds appropriated to the various agencies of the department: Provided, however, That no
more than five percent of the general revenue funds appropriated to any one agency or board may
be transferred to other agencies or boards within the department: Provided further, That the
secretary of each department and the director, commissioner, executive secretary, superintendent,
chairman or any other agency head not governed by a departmental secretary as established by
chapter five-f of the code shall have the authority to transfer funds appropriated to 'personal services'
and 'employee benefits' to other lines within the same account and no funds from other lines shall
be transferred to the 'personal services' line: And provided further, That the secretary of each
department and the director, commissioner, executive secretary, superintendent, chairman or any
other agency head not governed by a departmental secretary as established by chapter five-f of the
code shall have the authority to transfer general revenue funds appropriated to 'annual increment'
to other general revenue accounts within the same department, bureau or commission for the purpose
of providing an annual increment in accordance with article five, chapter five of the code: And
provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or
functions, the secretary or other appropriate agency head may transfer the funds formerly
appropriated to such agency, board or function in order to implement such consolidation. No funds
may be transferred from a special revenue account, dedicated account, capital expenditure account
or any other account or fund specifically exempted by the Legislature from transfer, except that the
use of the appropriations from the state road fund for the office of the secretary of the department
of transportation is not a use other than the purpose for which such funds were dedicated and is
permitted.
Appropriations otherwise classified shall be expended only where the distribution of
expenditures for different purposes cannot well be determined in advance or it is necessary or
desirable to permit the spending unit the freedom to spend an appropriation for more than one of the
above classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill, unless otherwise
specifically directed, shall be appropriated and expended according to the provisions of article three, chapter twelve of the code or according to any law detailing a procedure specifically limiting that
article.
Sec. 5. Maximum expenditures.-No authority or requirement of law shall be interpreted
as requiring or permitting an expenditure in excess of the appropriations set out in this bill.
TITLE II-APPROPRIATIONS.
ORDER OF SECTIONS
SECTION 1.Appropriations from general revenue.
SECTION 2.Appropriations from state road fund.
SECTION 3.Appropriations from other funds.
SECTION 4.Appropriations from lottery net profits.
SECTION 5.Appropriations from state excess lottery revenue.
SECTION 6.Appropriations of federal funds.
SECTION 7.Appropriations from federal block grants.
SECTION 8.Awards for claims against the state.
SECTION 9.Appropriations from general revenue surplus accrued.
SECTION 10.Appropriations from state excess lottery revenue fund surplus accrued.
SECTION 11.Special revenue appropriations.
SECTION 12.State improvement fund appropriations.
SECTION 13.Specific funds and collection accounts.
SECTION 14.Appropriations for refunding erroneous payment.
SECTION 15.Sinking fund deficiencies.
SECTION 16.Appropriations for local governments.
SECTION 17.Total appropriations.
SECTION 18.General school fund.
Section 1. Appropriations from general revenue.-From the state fund, general revenue,
there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter eleven-b of the code the following amounts, as itemized, for expenditure during the
fiscal year two thousand eight.
LEGISLATIVE
1-Senate
Fund 0165 FY 2008 Org 2100
General
Revenue
ActivityFund
Compensation of Members (R)003$1,010,000
Compensation and Per Diem of Officers
and Employees (R)0053,003,210
Employee Benefits (R)010597,712
Current Expenses and
Contingent Fund (R)021700,000
Repairs and Alterations (R)064450,000
Computer Supplies (R)10140,000
Computer Systems (R)102250,000
Printing Blue Book (R)103150,000
Expenses of Members (R)399700,000
BRIM Premium (R)91329,482
Total$6,930,404
The appropriations for the senate for the fiscal year 2007 are to remain in full force and effect
and are hereby reappropriated to June 30, 2008. Any balances so reappropriated may be transferred
and credited to the fiscal year 2008 accounts.
Upon the written request of the clerk of the senate, the auditor shall transfer amounts between
items of the total appropriation in order to protect or increase the efficiency of the service.
The clerk of the senate, with the approval of the president, is authorized to draw his or her
requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the senate, for any bills for supplies and services that may have been incurred by the senate and not
included in the appropriation bill, for supplies and services incurred in preparation for the opening,
the conduct of the business and after adjournment of any regular or extraordinary session, and for
the necessary operation of the senate offices, the requisitions for which are to be accompanied by
bills to be filed with the auditor.
The clerk of the senate, with the written approval of the president, or the president of the
senate shall have authority to employ such staff personnel during any session of the Legislature as
shall be needed in addition to staff personnel authorized by the senate resolution adopted during any
such session. The clerk of the senate, with the written approval of the president, or the president of
the senate shall have authority to employ such staff personnel between sessions of the Legislature
as shall be needed, the compensation of all staff personnel during and between sessions of the
Legislature, notwithstanding any such senate resolution, to be fixed by the president of the senate.
The clerk is hereby authorized to draw his or her requisitions upon the auditor for the payment of all
such staff personnel for such services, payable out of the appropriation for Compensation and Per
Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the clerk of the senate shall be paid a monthly
salary as provided by the senate resolution, unless increased between sessions under the authority
of the president, payable out of the appropriation for Compensation and Per Diem of Officers and
Employees or Current Expenses and Contingent Fund of the senate.
The distribution of the blue book shall be by the office of the clerk of the senate and shall
include seventy-five copies for each member of the Legislature and two copies for each classified
and approved high school and junior high or middle school and one copy for each elementary school
within the state.
2-House of Delegates
Fund 0170 FY 2008 Org 2200
Compensation of Members (R)003$2,270,000
Compensation and Per Diem of Officers
and Employees (R)005700,000
Current Expenses and Contingent Fund (R)0214,221,162
Expenses of Members (R)3991,190,000
BRIM Premium (R)91328,120
Total$8,409,282
The appropriations for the house of delegates for the fiscal year 2007 are to remain in full
force and effect and are hereby reappropriated to June 30, 2008. Any balances so reappropriated may
be transferred and credited to the fiscal year 2008 accounts.
Upon the written request of the clerk of the house of delegates, the auditor shall transfer
amounts between items of the total appropriation in order to protect or increase the efficiency of the
service.
The clerk of the house of delegates, with the approval of the speaker, is authorized to draw
his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund
of the house of delegates, for any bills for supplies and services that may have been incurred by the
house of delegates and not included in the appropriation bill, for bills for services and supplies
incurred in preparation for the opening of the session and after adjournment, and for the necessary
operation of the house of delegates' offices, the requisitions for which are to be accompanied by bills
to be filed with the auditor.
The speaker of the house of delegates, upon approval of the house committee on rules, shall
have authority to employ such staff personnel during and between sessions of the Legislature as shall
be needed, in addition to personnel designated in the house resolution, and the compensation of all
personnel shall be as fixed in such house resolution for the session, or fixed by the speaker, with the
approval of the house committee on rules, during and between sessions of the Legislature,
notwithstanding such house resolution. The clerk of the house is hereby authorized to draw
requisitions upon the auditor for such services, payable out of the appropriation for the
Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund
of the house of delegates.
For duties imposed by law and by the house of delegates, including salary allowed by law as
keeper of the rolls, the clerk of the house of delegates shall be paid a monthly salary as provided in
the house resolution, unless increased between sessions under the authority of the speaker, with the
approval of the house committee on rules, and payable out of the appropriation for Compensation
and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the house of
delegates.
3-Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2008 Org 2300
Joint Committee on
Government and Finance (R)104$6,971,393
Legislative Printing (R)105800,000
Legislative Rule-Making
Review Committee (R) 106155,000
Legislative Computer System (R)107950,000
Joint Standing Committee
on Education (R)10888,000
Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC)(R)64215,000,000
BRIM Premium (R)91322,000
Total$23,986,393
The appropriations for the joint expenses for the fiscal year 2007 are to remain in full force
and effect and are hereby reappropriated to June 30, 2008. Any balances so reappropriated may be
transferred and credited to the fiscal year 2008 accounts.
Upon the written request of the clerk of the senate, with the approval of the president of the
senate, and the clerk of the house of delegates, with the approval of the speaker of the house of
delegates, and a copy to the legislative auditor, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding Increased Compliance
(TRAFFIC) (fund 0175, activity 642) is intended for possible general state tax reductions or the
offsetting of any reductions in federal funding for state programs.
JUDICIAL
4-Supreme Court-
General Judicial
Fund 0180 FY 2008 Org 2400
Personal Services (R)001$59,833,454
Annual Increment (R)004700,000
Employee Benefits (R)01019,143,726
Unclassified (R)09917,976,405
Judges' Retirement System (R)1102,533,000
Retirement Systems-Unfunded Liability7753,501,000
BRIM Premium (R)913374,015
Total$104,061,600
The appropriations to the supreme court of appeals for the fiscal years 2006 and 2007 are to
remain in full force and effect and are hereby reappropriated to June 30, 2008. Any balances so
reappropriated may be transferred and credited to the fiscal year 2008 accounts.
This appropriation shall be administered by the administrative director of the supreme court
of appeals, who shall draw requisitions for warrants in payment in the form of payrolls, making
deductions therefrom as required by law for taxes and other items.
The appropriations for the Judges' Retirement System (activity 110) and Retirement Systems-
Unfunded Liability (activity 775) are to be transferred to the consolidated public retirement board,
in accordance with the law relating thereto, upon requisition of the administrative director of the
supreme court of appeals.
EXECUTIVE
5-Governor's Office
(WV Code Chapter 5)
Fund 0101 FY 2008 Org 0100
Personal Services001$
2,423,506
Salary of Governor00295,000
Annual Increment00430,350
Employee Benefits010727,600
Unclassified (R)0991,446,075
National Governors' Association12370,200
Southern States Energy Board12428,732
Southern Governors' Association31425,000
Marlington Flood Wall7571,500,000
Pharmaceutical Cost
Management Council (R)796502,430
BRIM Premium913266,262
P20 Jobs Cabinet95430,000
Total$
7,145,155
Any unexpended balances remaining in the appropriations for Unclassified (fund 0101,
activity 099), Publication of Papers and Transition Expenses-Surplus (fund 0101, activity 359),
Capital Outlay, Repairs and Equipment (fund 0101, activity 589), JOBS Fund (fund 0101, activity
665), and Pharmaceutical Cost Management Council (fund 0101, activity 796) at the close of the
fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
6-Governor's Office-
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2008 Org 0100
Unclassified-Total (R)096$582,769
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0102,
activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the
fiscal year 2008.
Funds are to be used for current general expenses, including compensation of employees,
household maintenance, cost of official functions and additional household expenses occasioned by
such official functions.
7-Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund 0105 FY 2008 Org 0100
Civil Contingent Fund-Total (R)114$4,000,000
Any unexpended balances remaining in the appropriation for Stream Restoration-Surplus
(fund 0105, activity 078), Business and Economic Development Stimulus-Surplus (fund 0105,
activity 084), Civil Contingent Fund-Total (fund 0105, activity 114), Civil Contingent
Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund- Surplus (fund 0105,
activity 263), Business and Economic Development Stimulus (fund 0105, activity 586), and Civil
Contingent Fund (fund 0105, activity 614) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
From this appropriation there may be expended, at the discretion of the governor, an amount
not to exceed one thousand dollars as West Virginia's contribution to the interstate oil compact
commission.
The above appropriation is intended to provide contingency funding for accidental,
unanticipated, emergency or unplanned events which may occur during the fiscal year and is not to
be expended for the normal day-to-day operations of the governor's office.
8-Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2008 Org 1200
Personal Services001$2,139,732
Salary of Auditor00275,000
Annual Increment00456,998
Employee Benefits010772,766
Unclassified 099622,226
BRIM Premium91315,428
Total$3,682,150
9-Treasurer's Office
(WV Code Chapter 12)
Fund 0126 FY 2008 Org 1300
Personal Services001$1,859,078
Salary of Treasurer00275,000
Annual Increment00437,500
Employee Benefits010617,496
Unclassified (R)099849,757
Abandoned Property Program118292,104
Tuition Trust Fund (R)692151,479
BRIM Premium91333,419
Total$3,915,833
Any unexpended balances remaining in the appropriations for Unclassified (fund 0126, activity
099) and Tuition Trust Fund (fund 0126, activity 692) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
10-Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2008 Org 1400
Personal Services001$3,789,370
Salary of Commissioner00275,000
Annual Increment004129,446
Employee Benefits0101,537,223
Animal Identification Program039201,767
State Farm Museum055110,000
Unclassified (R)0991,532,709
Gypsy Moth Program (R)1191,168,077
Huntington Farmers Market12850,000
Black Fly Control (R)137804,882
Donated Foods Program36350,000
Predator Control470260,000
Logan Farmers Market50140,990
Bee Research69173,421
Microbiology Program (R)785156,891
Moorefield Agriculture Center (R)7861,117,292
BRIM Premium913145,962
WV Food Banks969100,000
Seniors's Farmers' Market Nutrition
Coupon Program97065,000
Threat Preparedness75,000
Total$11,483,030
Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0131,
activity 097), Unclassified (fund 0131, activity 099), Gypsy Moth Program (fund 0131, activity 119),
Black Fly Control (fund 0131, activity 137), Microbiology Program (fund 0131, activity 785), and
Moorefield Agriculture Center (fund 0131, activity 786) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
A portion of the Unclassified appropriation may be transferred to a special revenue fund for the
purpose of matching federal funds for marketing and development activities.
From the above appropriation for WV Food Banks (activity 969), the full appropriation shall
be allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton County.
11-West Virginia Conservation Agency
(WV Code Chapter 19)
Fund 0132 FY 2008 Org 1400
Personal Services001$476,713
Annual Increment00414,700
Employee Benefits010193,841
Unclassified (R) 099445,219
Soil Conservation Projects (R)1208,850,521
BRIM Premium91312,969
Total$9,993,963
Any unexpended balances remaining in the appropriations for Unclassified (fund 0132, activity
099), Soil Conservation Projects (fund 0132, activity 120), and Maintenance of Flood Control
Projects (fund 0132, activity 522) at the close of the fiscal year 2007 are hereby reappropriated for
expenditure during the fiscal year 2008.
12-Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 0135 FY 2008 Org 1400
Unclassified-Total096$652,276
Any part or all of this appropriation may be transferred to a special revenue fund for the purpose
of matching federal funds for the above-named program.
13-Department of Agriculture-
Agricultural Awards
(WV Code Chapter 19)
Fund 0136 FY 2008 Org 1400
Programs & Awards for 4-H Clubs and FFA/FHA577$ 15,000
Commissioner's Awards and Programs73743,650
Total$58,650
14-Department of Agriculture-
West Virginia Agricultural Land Protection Authority
(WV Code Chapter 8A)
Fund 0607 FY 2008 Org 1400
Unclassified-Total096$110,000
15-Attorney General
(WV Code Chapters 5, 14, 46A and 47)
Fund 0150 FY 2008 Org 1500
Personal Services (R)001$2,042,780
Salary of Attorney General00280,000
Annual Increment00469,426
Employee Benefits (R)010777,726
Unclassified (R)099776,716
Better Government Bureau 740301,143
BRIM Premium 913118,590
Total$4,166,381
Any unexpended balances remaining in the above appropriations for Personal Services (fund
0150, activity 001), Employee Benefits (fund 0150, activity 010), and Unclassified (fund 0150,
activity 099) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the
fiscal year 2008.
When legal counsel or secretarial help is appointed by the attorney general for any state spending unit, this account shall be reimbursed from such spending units specifically appropriated
account or from accounts appropriated by general language contained within this bill: Provided,
That the spending unit shall reimburse at a rate and upon terms agreed to by the state spending unit
and the attorney general: Provided, however, That if the spending unit and the attorney general are
unable to agree on the amount and terms of the reimbursement, the spending unit and the attorney
general shall submit their proposed reimbursement rates and terms to the Governor for final
determination.
16-Secretary of State
(WV Code Chapters 3, 5 and 59)
Fund 0155 FY 2008 Org 1600
Personal Services001$645,495
Salary of Secretary of State00270,000
Annual Increment00417,925
Employee Benefits010255,631
Unclassified (R)09987,325
BRIM Premium91341,356
Total$1,117,732
Any unexpended balance remaining in the appropriation for Unclassified (fund 0155, activity
099) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal
year 2008.
17-State Election Commission
(WV Code Chapter 3)
Fund 0160 FY 2008 Org 1601
Unclassified-Total096$10,275
DEPARTMENT OF ADMINISTRATION
18-Department of Administration-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2008 Org 0201
Unclassified099$741,144
Lease Rental Payments51616,000,000
Design-Build Board54019,068
Efficiency Savings7990
BRIM Premium91313,171
Total$16,773,383
Any unexpended balance remaining in the appropriation for Financial Advisor (fund 0186,
activity 304) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the
fiscal year 2008.
The appropriation for Lease Rental Payments shall be disbursed as provided by chapter thirty-
one, article fifteen, section six-b of the code.
19-Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2008 Org 0205
Any unexpended balances remaining in the appropriations for Unclassified-Total-Transfer (fund
0195, activity 402) and Pension Merger Administrative Costs (fund 0195, activity 429) at the close
of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above reappropriation for Unclassified-Total-Transfer (fund 0195, fiscal year 2007, activity
402) shall be transferred to the Consolidated Public Retirement Board-West Virginia Teachers'
Retirement System Employers Accumulation Fund (fund 2601).
The division of highways, division of motor vehicles, bureau of employment programs, public
service commission and other departments, bureaus, divisions, or commissions operating from
special revenue funds and/or federal funds shall pay their proportionate share of the retirement costs
for their respective divisions. When specific appropriations are not made, such payments may be
made from the balances in the various special revenue funds in excess of specific appropriations.
20-Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2008 Org 0209
Personal Services001$79,399
Annual Increment0041,257
Employee Benefits01028,913
Unclassified099140,713
GAAP Project (R)125895,748
BRIM Premium91320,696
Total$1,166,726
Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, activity
125) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal
year 2008.
21-Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2008 Org 0211
Personal Services001$1,424,208
Annual Increment00432,915
Employee Benefits010585,580
Unclassified099736,079
Fire Service Fee12614,000
Veterans Memorial Fund690100,000
BRIM Premium913112,481
Total$3,005,263
22-Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2008 Org 0213
Personal Services001$897,870
Annual Increment00418,342
Employee Benefits010293,478
Unclassified099279,712
BRIM Premium9136,167
Total$1,495,569
The division of highways shall reimburse the Unclassified appropriation (fund 2031, activity
099) within the division of purchasing for all actual expenses incurred pursuant to the provisions of
section thirteen, article two-a, chapter seventeen of the code.
23-Commission on Uniform State Laws
(WV Code Chapter 29)
Fund 0214 FY 2008 Org 0217
Unclassified-Total096$40,000
To pay expenses for members of the commission on uniform state laws.
24-Education and State Employees' Grievance Board
(WV Code Chapter 18)
Fund 0220 FY 2008 Org 0219
Personal Services001$622,816
Annual Increment00412,150
Employee Benefits010173,977
Unclassified099154,567
BRIM Premium9134,133
Total$967,643
25-Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2008 Org 0220
Unclassified099$695,247
BRIM Premium9133,404
Total$698,651
26-Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2008 Org 0221
Personal Services001$536,971
Annual Increment00410,025
Employee Benefits010189,470
Unclassified 099308,712
Appointed Counsel Fees and
Public Defender Corporations12734,543,353
BRIM Premium91323,262
Total$35,611,793
Any unexpended balances remaining in the above appropriations for Public Defender
Corporations (fund 0226, fiscal year 2007, activity 352), Appointed Counsel-Public Defender
Conflicts (fund 0226, activity 568), and Appointed Counsel Fees (fund 0226, fiscal year 2007,
activity 788) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the
fiscal year 2008.
27-Committee for the Purchase of
Commodities and Services from the Handicapped
(WV Code Chapter 5A)
Fund 0233 FY 2008 Org 0224
Unclassified-Total096$5,046
28-Public Employees Insurance Agency
(WV Code Chapter 5)
Fund 0200 FY 2008 Org 0225
Any unexpended balance remaining in the above appropriation for Employees Subsidy (fund 0200, activity 922) at the close of the fiscal year 2007 is hereby reappropriated for expenditure
during the fiscal year 2008.
The division of highways, division of motor vehicles, bureau of employment programs, public
service commission and other departments, bureaus, divisions, or commissions operating from
special revenue funds and/or federal funds shall pay their proportionate share of the public
employees health insurance cost for their respective divisions.
29-West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 0557 FY 2008 Org 0228
Forensic Medical Examinations (R)683$141,833
Federal Funds/Grant Match (R)74982,363
Total$224,196
Any unexpended balances remaining in the appropriations for Forensic Medical Examinations
(fund 0557, activity 683) and Federal Funds/Grant Match (fund 0557, activity 749) at the close of
the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
30-Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 0588 FY 2008 Org 0230
Unclassified-Total096$10,967,273
31-West Virginia Retiree Health Benefit Trust Fund
(WV Code Chapter 5)
Fund 0611 FY 2008 Org 0232
Unclassified-Total-Transfer402$39,674,000
The above appropriation for Unclassified-Total-Transfer (fund 0611, activity 402) shall be
transferred to the OPEB Benefit Contribution Accumulation Fund (fund 2541, org 0232).
32-Real Estate Division
(WV Code Chapter 5A)
Fund 0610 FY 2008 Org 0233
Unclassified-Total096$400,000
DEPARTMENT OF COMMERCE
33-Division of Tourism
(WV Code Chapter 5B)
Fund 0246 FY 2008 Org 0304
Hatfield McCoy Recreational Trail-
Total$500,000
Any unexpended balances remaining in the appropriations for Tourism Special Projects-Surplus
(fund 0246, activity 293) and Tourism-Special Projects (fund 0246, activity 859) at the close of the
fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
34-Division of Forestry
(WV Code Chapter 19)
Fund 0250 FY 2008 Org 0305
Personal Services001$2,669,129
Annual Increment004120,917
Employee Benefits0101,224,450
Unclassified099366,528
BRIM Premium913155,511
Total$4,536,535
Out of the above appropriation a sum may be used to match federal funds for cooperative
studies or other funds for similar purposes.
35-Geological and Economic Survey
(WV Code Chapter 29)
Fund 0253 FY 2008 Org 0306
Personal Services001$1,252,723
Annual Increment00452,264
Employee Benefits010445,215
Unclassified099203,313
Mineral Mapping System (R)2071,569,249
Geoscience Education Program54125,000
BRIM Premium91333,752
Total$3,581,516
Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund
0253, activity 207) at the close of the fiscal year 2007 is hereby reappropriated for expenditure
during the fiscal year 2008.
The above Unclassified appropriation includes funding to secure federal and other contracts and
may be transferred to a special revolving fund (fund 3105, activity 099) for the purpose of providing
advance funding for such contracts.
36-West Virginia Development Office
(WV Code Chapter 5B)
Fund 0256 FY 2008 Org 0307
Personal Services001$3,967,506
Annual Increment00499,327
Employee Benefits0101,197,740
ARC-WV Home of Your Own Alliance04840,000
Southern WV Career Center071191,750
Unclassified0991,576,681
Partnership Grants (R)1311,950,000
National Youth Science Camp132200,000
Local Economic Development
Partnerships (R)1331,870,000
ARC Assessment136167,308
Institute for Software Research21776,213
Mid-Atlantic Aerospace Complex (R)231176,783
Guaranteed Work Force Grant (R)2422,247,000
Mingo County Surface Mine Project296125,000
Robert C. Byrd Institute for Advanced/
Flexible Manufacturing-Technology
Outreach and Programs for
Environmental and Advanced Technologies367519,800
Advantage Valley38974,300
Chemical Alliance Zone39038,300
WV High Tech Consortium391159,570
Charleston Farmers Market476100,000
Industrial Park Assistance (R)480650,000
International Offices (R)593690,644
Small Business Development703423,187
WV Manufacturing Extension Partnership731144,000
Polymer Alliance754115,000
Regional Councils784440,000
Mainstreet Program794200,000
National Institute of Chemical Studies80570,500
Local Economic Development
Assistance (R)8196,050,000
I-79 Development Council82450,000
BRIM Premium91326,096
Hardwood Alliance Zone99242,600
Total$23,679,305
Any unexpended balances remaining in the appropriations for Tourism-Unclassified-Surplus (fund 0256, activity 075), Partnership Grants (fund 0256, activity 131), Local Economic
Development Partnerships (fund 0256, activity 133), Mid-Atlantic Aerospace Complex (fund 0256,
activity 231), Guaranteed Work Force Grant (fund 0256, activity 242), Local Economic
Development Assistance-Surplus (fund 0256, activity 266), Small Business Financial Assistance
(fund 0256, activity 360), Industrial Park Assistance (fund 0256, activity 480), Leverage Technology
and Small Business Development Program (fund 0256, activity 525), International Offices (fund
0256, activity 593), Local Economic Development Assistance (fund 0256, activity 819), and
Economic Development Assistance (fund 0256, activity 900) at the close of the fiscal year 2007 are
hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation to Local Economic Development Partnerships (activity 819) shall be
used by the West Virginia development office for the award of funding assistance to county and
regional economic development corporations or authorities participating in the certified development
community program developed under the provisions of section fourteen, article two, chapter five-b
of the code. The West Virginia development office shall award the funding assistance through a
matching grant program, based upon a formula whereby funding assistance may not exceed thirty-
four thousand dollars per county served by an economic development corporation or authority.
37-Division of Labor
(WV Code Chapters 21 and 47)
Fund 0260 FY 2008 Org 0308
Personal Services001$1,744,449
Annual Increment00442,345
Employee Benefits010812,398
Unclassified099653,145
BRIM Premium91347,521
Total$3,299,858
38-Division of Natural Resources
(WV Code Chapter 20)
Fund 0265 FY 2008 Org 0310
Personal Services001$7,566,767
Annual Increment004338,433
Employee Benefits0103,324,754
Gypsy Moth Suppression Program -
Wildlife Management Areas01442,997
Unclassified0999,173
Litter Control Conservation Officers564155,941
Upper Mud River Flood Control654181,310
Law Enforcement8061,738,475
BRIM Premium913308,815
Total$13,666,665
Any unexpended balance remaining in the above appropriation for Fish Hatchery Improvements
(fund 0265, activity 825) at the close of the fiscal year 2007 is hereby reappropriated for expenditure
during the fiscal year 2008.
Any revenue derived from mineral extraction at any state park shall be deposited in a special
revenue account of the division of natural resources, first for bond debt payment purposes and with
any remainder to be for park operation and improvement purposes.
39-Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 0277 FY 2008 Org 0314
Personal Services001$5,729,850
Annual Increment004103,650
Employee Benefits0102,145,962
Unclassified (R)0992,193,837
WV Diesel Equipment Commission71238,034
BRIM Premium91376,848
Total$10,288,181
Any unexpended balance remaining in the above appropriation for Unclassified (fund 0277,
fiscal year 2006, activity 099) at the end of the fiscal year 2007 is hereby reappropriated for
expenditure during the fiscal year 2008.
The appropriation above for Unclassified (fund 0277, activity 099) shall be used in developing,
procuring and/or deploying, technologies to assist in locating and communicating with trapped
miners, supporting life, transporting rescue personnel and rescued individuals through underground
mines and otherwise assist with mine rescue operations.
From the above appropriation for Unclassified (fund 0277, activity 099) $500,000 shall be used
for the Mine Safety Training Rapid Response.
40-Board of Coal Mine
Health and Safety
(WV Code Chapter 22)
Fund 0280 FY 2008 Org 0319
Personal Services001$116,168
Annual Increment0041,175
Employee Benefits01031,773
Unclassified09927,217
Total$176,333
41-Coal Mine Safety and Technical Review Committee
(WV Code Chapter 22)
Fund 0285 FY 2008 Org 0320
Unclassified099$63,352
Coal Forum66425,000
Total$88,352
42-Department of Commerce-
Office of the Secretary
(WV Code Chapter 19)
Fund 0606 FY 2008 Org 0327
Unclassified099$406,800
Unclassified-Transfer482250,000
Efficiency Savings7990
Total$656,800
The above appropriation for Unclassified-Transfer (activity 482) shall be transferred to the fund
for marketing and communications within the department of commerce.
DEPARTMENT OF EDUCATION
43-State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2008 Org 0402
Personal Services001$228,650
Annual Increment0045,675
Employee Benefits01085,422
Unclassified0992,082,473
Total$2,402,220
44-State FFA-FHA Camp and
Conference Center
(WV Code Chapters 18 and 18A)
Fund 0306 FY 2008 Org 0402
Personal Services001$587,407
Annual Increment00423,693
Employee Benefits010248,803
Unclassified099142,825
BRIM Premium91338,987
Total$1,041,715
45-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2008 Org 0402
Personal Services001$3,409,550
Annual Increment00453,560
Employee Benefits0101,047,366
Unclassified (R)0993,400,000
34/1000 Waiver139400,000
Increased Enrollment14010,700,000
Safe Schools1432,000,000
Teacher Mentor (R)1580
National Teacher Certification (R)1611,000,000
Allowance for County Transfers264480,337
Technology Repair and Modernization2981,200,000
HVAC Technicians355472,291
Early Retirement Notification Incentive366300,000
Teacher Reimbursement573300,000
Hospitality Training600410,270
Low Student Enrollment Allowance6151,000,000
HI-Y Youth in Government616100,000
Foreign Student Education (R)63686,558
State Teacher of the Year64041,359
Principals Mentorship64980,000
Pilot Program of Structured in-school
Alternatives826100,000
21st Century Learners (R)8863,600,150
BRIM Premium913372,457
High Acuity Health Care Needs Program9201,000,000
School Nurse Funding9211,500,000
Regional Education Service Agencies9724,200,000
Sparse Population Allocation973525,000
School Access Safety97810,000,000
Educational Program Allowance996250,000
Total$48,028,898
The above appropriation includes the state board of education and their executive office.
Any unexpended balances remaining in the appropriations for Collaborative Resource
Allocation (fund 0313, activity 041), Educational Achievement Incentive (fund 0313, activity 042),
Unclassified (fund 0313, activity 099), Teacher Mentor (fund 0313, activity 158), National Teacher
Certification (fund 0313, activity 161), Foreign Student Education (fund 0313, activity 636), 21st
Century Learners (fund 0313, activity 886), and Educational Enhancements-Surplus (fund 0313,
activity 927) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the
fiscal year 2008.
From the above appropriation for Sparse Population Allocation (activity 973), funding shall be
provided in the same manner as in Fiscal Year 2006. It shall be available to those counties whose
population falls at or below 2.5 students per square mile and which have more than 650 square miles
for transportation purposes.
From the above appropriation for Educational Program Allowance (activity 996), $100,000 shall
be expended for Webster County Board of Education for Hacker Valley and $150,000 for the
Randolph County Board of Education for Pickens School.
From the above appropriation for Low Student Enrollment Allowance (activity 615), funds shall
be allocated to county boards of education in accordance with the provisions of §18-9A-22 of the
Code of West Virginia.
The above appropriation for Hospitality Training (activity 600), shall be allocated only to
entities that have a plan approved for funding by the Department of Education, at the funding level
determined by the State Superintendent of Schools. Plans shall be submitted to the State
Superintendent of Schools to be considered for funding.
The above appropriation for School Access Safety (activity 978) shall be transferred to the
School Access Safety Fund (fund 3516).
46-State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2008 Org 0402
Special Education-Counties159$7,271,757
Special Education-Institutions1603,474,352
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers302556,269
Education of Institutionalized
Juveniles and Adults (R)47213,802,033
Total$25,104,411
Any unexpended balance remaining in the appropriation for Education of Institutionalized
Juveniles and Adults (fund 0314, activity 472) at the close of the fiscal year 2007 is hereby
reappropriated for expenditure during the fiscal year 2008.
From the above appropriation for Education of Institutionalized Juveniles and Adults (activity
472), funding shall be provided to Beckley and Burlington Centers at an amount no less than the
allocations disbursed during Fiscal Year 2004.
From the above appropriation for Education of Institutionalized Juveniles and Adults (activity
472), an additional $200,000 has been provided for the Burlington Center.
From the above appropriations, the superintendent shall have authority to expend funds for the
costs of special education for those children residing in out-of-state placements.
47-State Department of Education-
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2008 Org 0402
Other Current Expenses022$140,975,736
Professional Educators151832,257,357
Service Personnel152269,117,584
Fixed Charges153101,326,495
Transportation15463,126,522
Administration1553,096,005
Improve Instructional Programs15633,000,000
Basic Foundation Allowances1,442,899,699
Less Local Share(356,639,245)
Total Basic State Aid$1,086,260,454
Public Employees' Insurance Matching012191,812,331
Teachers' Retirement System01964,800,752
School Building Authority45323,361,520
Retirement Systems-Unfunded Liability775300,000,000
Total$1,666,235,057
48-State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2008 Org 0402
Personal Services001$968,444
Annual Increment00425,416
Employee Benefits010359,769
Unclassified0991,210,000
Wood Products-Forestry Vocational
Program14656,220
Albert Yanni Vocational Program147124,263
Vocational Aid14816,201,016
Adult Basic Education1493,626,414
Program Modernization305850,000
Technical and Secondary Program
Improvement Staff330276,009
GED Testing339307,912
Aquaculture Support76983,006
FFA Grant Awards83913,000
Pre-Engineering Academy Program840500,000
Total$24,601,469
49-State Board of Education-
Division of Educational Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2008 Org 0402
Personal Services001$430,000
Annual Increment0045,200
Employee Benefits010111,127
Unclassified099200,000
Total$746,327
50-West Virginia Schools for the
Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2008 Org 0403
Personal Services001$7,639,394
Annual Increment0049,325
Employee Benefits0103,072,691
Unclassified0991,609,932
BRIM Premium91381,347
Total$12,412,689
DEPARTMENT OF EDUCATION AND THE ARTS
51-Department of Education and the Arts-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2008 Org 0431
Unclassified (R)099$827,165
Center for Professional Development (R)1153,143,068
Governor's Honor Academy (R)478500,450
Professional Development Collaborative629950,000
Efficiency Savings7990
Energy Express861450,000
BRIM Premium9134,509
Total$5,875,192
Any unexpended balances remaining in the appropriations for Unclassified (fund 0294, activity
099), Center for Professional Development (fund 0294 activity 115), Center for Professional
Development-Principals' Academy (fund 0294, activity 415), Governor's Honor Academy (fund
0294, activity 478), and CPD-Math Initiative (fund 0294, activity 517) at the close of the fiscal year
2007 are hereby reappropriated for expenditure during the fiscal year 2008.
52-Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2008 Org 0432
Personal Services001$2,411,487
Annual Increment00473,545
Employee Benefits0101,016,057
Unclassified099626,664
Capital Outlay Repairs and Equipment (R)5892,599,000
Culture and History Programming732292,945
Capital Outlay and Maintenance (R)755200,000
Independence Hall8121,247,000
BRIM Premium91356,542
Historical Highway Marker Program (R)84475,000
Total$8,598,240
Any unexpended balances remaining in the appropriations for Capital Outlay, Repairs and
Equipment (fund 0293, activity 589), Capital Outlay, Repairs and Equipment-Surplus (fund 0293,
activity 677), Capital Outlay and Maintenance (fund 0293, activity 755), and Historical Highway
Marker Program (fund 0293, activity 844) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
The Unclassified appropriation includes funding for the arts funds, department programming
funds, grants, fairs and festivals and Camp Washington Carver and shall be expended only upon
authorization of the division of culture and history and in accordance with the provisions of chapter
five-a, article three, and chapter twelve of the code.
All federal moneys received as reimbursement to the division of culture and history for moneys
expended from the general revenue fund for the arts fund and historical preservation are hereby
reappropriated for the purposes as originally made, including personal services, current expenses and equipment.
53-Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2008 Org 0433
Personal Services001$948,093
Annual Increment00444,550
Employee Benefits010370,381
Unclassified099228,087
Services to Blind and Handicapped181161,576
BRIM Premium91329,772
Total$1,782,459
54-Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2008 Org 0439
Personal Services001$3,018,039
Annual Increment00484,000
Employee Benefits0101,077,690
Unclassified (R)0991,042,966
Mountain Stage249300,000
Capital Outlay and Maintenance (R)755100,000
BRIM Premium91371,856
Total$5,694,551
Any unexpended balances remaining in the appropriations for Unclassified (fund 0300, activity
099) and Capital Outlay and Maintenance (fund 0300, activity 755) at the close of the fiscal year
2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The Educational Broadcasting Authority is to continue assistance to the Allegheny Mountain
Radio/WVNR.
55-State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2008 Org 0932
Personal Services001$7,046,412
Annual Increment004201,074
Independent Living Services00937,405
Employee Benefits0102,780,751
Workshop Development1631,816,149
Supported Employment
Extended Services206119,032
Ron Yost Personal Assistance Fund (R)407340,000
Employment Attendant Care Program598179,000
Capital Outlay and Maintenance (R)755200,000
BRIM Premium91367,033
Total$12,786,856
Any unexpended balances remaining in the appropriations for Ron Yost Personal Assistance
Fund (fund 0310, activity 407), Capital Outlay, Repairs and Equipment-Surplus (fund 0310, activity
677), and Capital Outlay and Maintenance (fund 0310, activity 755) at the close of the fiscal year
2007 are hereby reappropriated for expenditure during the fiscal year 2008.
Any unexpended balance remaining in the appropriation for Technology-Related Assistance
Revolving Loan Fund for Individuals with Disabilities (fund 0310, activity 766) is hereby
reappropriated for expenditure during the fiscal year 2008 and may be transferred to a special
account for the purpose of disbursement or loan.
From the above appropriation for Workshop Development (activity 163), funds shall be used
exclusively with the private non-profit community rehabilitation program organizations known as work centers or sheltered workshops. The appropriation shall also be used to continue the support
of the program, services, and individuals with disabilities currently in place at those 31
organizations.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
56-Environmental Quality Board
(WV Code Chapter 20)
Fund 0270 FY 2008 Org 0311
Personal Services001$71,930
Annual Increment0041,400
Employee Benefits01019,559
Unclassified09945,838
BRIM Premium913684
Total$139,411
57-Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2008 Org 0313
Personal Services001$3,492,960
Annual Increment00483,198
Employee Benefits0101,211,506
Unclassified099844,613
Dam Safety607206,055
West Virginia Stream Partners Program63777,396
WV Contribution to River Commissions776148,485
Efficiency Savings7990
Office of Water Resources
Non-Enforcement Activity8551,124,021
BRIM Premium91356,802
Welch DEP Office Continuing Operation 99379,115
Total$7,324,151
58-Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2008 Org 0325
Unclassified099$94,300
BRIM Premium9132,916
Total$97,216
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
59-Department of Health and Human Resources-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2008 Org 0501
Unclassified099$149,883
Women's Commission (R)191139,457
Commission for the Deaf
and Hard of Hearing704270,184
Efficiency Savings7990
Total$559,524
Any unexpended balance remaining in the appropriation for the Women's Commission (fund
0400, activity 191) at the close of the fiscal year 2007 is hereby reappropriated for expenditure
during the fiscal year 2008.
60-Division of Health-
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2008 Org 0506
Personal Services001$7,388,193
Annual Increment004247,472
Employee Benefits0103,070,852
Level 1, 2 and 3 Trauma Centers013682,689
Chief Medical Examiner0453,432,992
Unclassified0994,737,899
Safe Drinking Water Program187521,398
Women, Infants and Children21045,000
Basic Public Health Services Support2123,341,257
Early Intervention2233,307,043
Cancer Registry225280,059
ABCA Tobacco Retailer Education
Program-Transfer239200,000
CARDIAC Project375470,000
State EMS Technical Assistance3791,415,903
EMS Program for Children38150,686
Statewide EMS Program Support (R)383932,292
Primary Care Centers-Mortgage Finance413796,718
Black Lung Clinics 467198,646
Center for End of Life545195,000
Women's Right to Know54640,000
Pediatric Dental Services550150,000
Vaccine for Children 551436,810
Adult Influenza Vaccine55265,000
Tuberculosis Control 553256,780
Maternal and Child Health Clinics,
Clinicians and Medical Contracts
and Fees (R)5756,229,451
Epidemiology Support6261,139,333
Primary Care Support6287,389,865
State Aid to Local Health Departments70211,700,718
Health Right Free Clinics7272,749,336
Healthy Lifestyles77868,000
Emergency Response Entities
Special Projects8220
Assistance to Primary Health Care
Centers Community Health Foundation8451,400,000
Osteoporosis and Arthritis Prevention849281,151
Tobacco Education Program9065,650,592
BRIM Premium913211,214
Antiviral Vaccine Purchases9552,000,000
Total$71,082,349
Any unexpended balances remaining in the appropriations for Statewide EMS Program Support
(fund 0407, activity 383) and Maternal and Child Health Clinics, Clinicians and Medical Contracts
and Fees (fund 0407, activity 575) at the close of the fiscal year 2007 are hereby reappropriated for
expenditure during the fiscal year 2008.
From the Unclassified line item, $50,000 shall be expended for the West Virginia Aids
Coalition.
From the Maternal and Child Health Clinics, Clinicians, and Medical Contracts and Fees line
item, $400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund.
From the above appropriation for ABCA Tobacco Retailer Education Program-Transfer (activity 239), $200,000 shall be transferred to the Alcohol Beverage Control Administration (fund 7352, org
0708) for expenditure.
Included in the above appropriation for Primary Care Centers-Mortgage Finance is $50,000 for
the mortgage payment for the Lincoln Primary Care Center, Inc.; $53,140 for the mortgage payment
for the Monroe Health Center; $42,564 for the mortgage payment for Roane County Family Health
Care, Inc.; $25,000 for the mortgage payment for the Tug River Health Association, Inc.; $48,000
for the mortgage payment for the Primary Care Systems (Clay); $10,800 for the mortgage payment
for the Belington Clinic; $30,000 for the mortgage payment for the Tri-County Health Clinic;
$15,000 for the mortgage payment for Valley Health Care (Randolph); $58,560 for the mortgage
payment for Valley Health Systems, Inc. (Woman's Place and Harts Health Clinic); $46,958 for the
mortgage payment for Ritchie County Primary Care Association, Inc.; $8,000 for the mortgage
payment for Northern Greenbrier Health Clinic; $12,696 for the mortgage payment for the Women's
Care, Inc. (Putnam); $25,000 for the mortgage payment for the Preston-Taylor Community Health
Centers, Inc.; $20,000 for the mortgage payment for the North Fork Clinic (Pendleton); $40,000 for
the mortgage payment for the Pendleton Community Care; $27,000 for the mortgage payment for
South Branch Health Facility (Upper Tract); $38,400 for the mortgage payment for Clay-Battelle
Community Health Center; $33,600 for the mortgage payment for Mountaineer Health Clinic in Paw
Paw; $13,000 for the mortgage payment for the St. George Medical Clinic; $28,000 for the mortgage
payment for the Bluestone Health Center; $45,000 for the mortgage payment for Wheeling Health
Right; $48,000 for the mortgage payment for the Minnie Hamilton Health Care Center, Inc.; and
$54,000 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.
From the above appropriation for State Aid to Local Health Departments (activity 702) $20,000
shall be used, along with any grants that may be obtained, for the purpose of contracting with an
independent consultant to conduct a comprehensive study, administered by Local Health Inc., of the
revenues of the state's local health departments to develop a method for the distribution of state
funds to local health departments that will best serve the citizens of the state.
Any unexpended balance remaining in the appropriation for Assistance to Primary Health Care
Centers Community Health Foundation(fund 0407, activity 845) at the close of the fiscal year 2007
is hereby reappropriated for expenditure during the fiscal year 2008.
61-Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2008 Org 0506
Personal Services001$634,565
Annual Increment00417,987
Employee Benefits010263,372
Special Olympics20826,074
Behavioral Health Program-
Unclassified (R)21953,679,562
Family Support Act2211,092,753
Institutional Facilities Operations33573,924,600
Capital Outlay (R)5113,000,000
Capital Outlay and Maintenance (R)7552,000,000
Colin Anderson Community Placement (R)8031,164,000
Renaissance Program804194,000
BRIM Premium9131,088,070
Total$137,084,983
Any unexpended balances remaining in the appropriations for Behavioral Health Program-
Unclassified (fund 0525, activity 219), Capital Outlay (fund 0525, activity 511), Capital Outlay and
Maintenance (fund 0525, activity 755), and Colin Anderson Community Placement (fund 0525,
activity 803) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the
fiscal year 2008.
The secretary shall, within fifteen days after the close of the six-month period of said fiscal year, file with the legislative auditor and the department of revenue an itemized report of expenditures
made during the preceding six-month period.
From the above appropriation to Institutional Facilities Operations, together with available funds
from the division of health-hospital services revenue account (fund 5156, activity 335), on July 1,
2006, the sum of one hundred sixty thousand dollars shall be transferred to the department of
agriculture-land division as advance payment for the purchase of food products; actual payments for
such purchases shall not be required until such credits have been completely expended.
Additional funds have been appropriated in fund 5156, fiscal year 2008, organization 0506, for
the operation of the institutional facilities. The secretary of the department of health and human
resources is authorized to utilize up to ten percent of the funds from the Institutional Facilities
Operations line item to facilitate cost effective and cost saving services at the community level.
62-Division of Health-
West Virginia Drinking Water Treatment
(WV Code Chapter 16)
Fund 0561 FY 2008 Org 0506
West Virginia Drinking Water Treatment
Revolving Fund-Transfer689$700,000
The above appropriation for Drinking Water Treatment Revolving Fund-Transfer shall be
transferred to the West Virginia Drinking Water Treatment Revolving Fund or appropriate bank
depository and the Drinking Water Treatment Revolving-Administrative Expense Fund as provided
by chapter sixteen of the code.
63-Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2008 Org 0510
Personal Services001$699,517
Annual Increment00424,000
Employee Benefits010226,305
Unclassified099261,293
BRIM Premium91319,326
Total$1,230,441
64-Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2008 Org 0511
Personal Services001$26,153,206
Annual Increment004930,470
Employee Benefits01010,488,947
Unclassified09916,283,546
Child Care Development1441,259,488
Medical Services Contracts and Office
of Managed Care1832,335,510
Medical Services (R)189390,705,687
Medical Services Administrative Costs78918,449,755
Social Services19577,112,737
Family Preservation Program1961,565,000
Family Resource Networks (R)2742,410,367
Domestic Violence Legal Services Fund384150,000
James 'Tiger' Morton Catastrophic
Illness Fund455940,000
Child Protective Services Case Workers 46815,960,801
Medical Services Trust Fund Transfer 5125,000,000
OSCAR and RAPIDS 5153,487,878
WV Teaching Hospitals
Tertiary/Safety Net5473,356,000
Child Welfare System 6032,617,758
Child Support Enforcement7056,320,428
Medicaid Auditing706602,019
Temporary Assistance for Needy
Families/Maintenance of Effort70722,969,096
Child Care Maintenance of
Effort Match7085,693,743
Child and Family Services7362,850,000
Grants for Licensed Domestic Violence
Programs and Statewide Prevention7501,500,000
Indigent Burials (R)8511,700,000
BRIM Premium913834,187
Rural Hospitals Under 150 Beds9402,596,000
Children's Trust Fund-Transfer 951300,000
Total$624,572,623
Any unexpended balances remaining in the appropriations for Medical Services (fund 0403,
activity 189), Family Resource Networks (fund 0403, activity 274), and Indigent Burials (fund 0403,
activity 851) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the
fiscal year 2008.
The above appropriation for James 'Tiger' Morton Catastrophic Illness Fund (activity 455) shall
be transferred to the James 'Tiger' Morton Catastrophic Illness Fund (fund 5454) as provided by
chapter sixteen, article five-q, of the code.
The above appropriation for Domestic Violence Legal Services Fund (activity 384) shall be
transferred to the Domestic Violence Legal Services Fund (fund 5455).
Notwithstanding the provisions of Title I, section three of this bill, the secretary of the department of health and human resources shall have the authority to transfer funds within the above
account: Provided, That no more than five percent of the funds appropriated to one line item may
be transferred to other line items: Provided, however, That no funds from other line items shall be
transferred to the personal services line item.
From the above appropriation for the Grants for Licensed Domestic Violence Programs and
Statewide Prevention (activity 750), $500,000 shall be divided equally and distributed among the
thirteen (13) licensed programs and the West Virginia Coalition Against Domestic Violence
(WVCADV).
Any unexpended balance remaining in the appropriation for Grants for Licensed Domestic
Violence Programs and Statewide Prevention (activity 750), shall be distributed according to the
formula established by the Family Protection Services Board.
The secretary shall have authority to expend funds for the educational costs of those children
residing in out-of-state placements, excluding the costs of special education programs.
The above appropriation for Family Resource Networks (activity 274) is to be subject to the
control and oversight of the Governor's Cabinet on Children and Families and may only be
administered and disbursed by the Division of Human Services upon the delegation of this authority
to the Division of Human Services by the Governor's Cabinet on Children and Families as provided
by West Virginia Code §5-26-4(4) for the benefit of family resource networks, early parent education
services and starting points centers.
The above appropriation for Children's Trust Fund-Transfer (activity 951) shall be transferred
to the Children's Fund (fund 1011, org 0100).
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
65-Department of Military Affairs and
Public Safety-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2008 Org 0601
Unclassified (R)099$520,687
Efficiency Savings7990
BRIM Premium91311,416
Homeland State Security Administrative
Agency953568,672
Total$1,100,775
Any unexpended balances remaining in the appropriations for Unclassified (fund 0430, activity
099) and Capital Outlay (fund 0430, activity 511) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
66-Adjutant General-
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2008 Org 0603
Personal Services001$1,530,729
Annual Increment00443,237
Employee Benefits010546,573
Unclassified (R)09916,759,718
Mountaineer ChalleNGe Academy7091,207,500
BRIM Premium91350,161
Total$20,137,918
Any unexpended balances remaining in the appropriations for Unclassified (fund 0433, activity
099), College Education Fund (fund 0433, activity 232), and Armory Capital
Improvements-Surplus (fund 0433, activity 325) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
From the above appropriation an amount approved by the adjutant general and the secretary of military affairs and public safety may be transferred to the State Armory Board for operation and
maintenance of National Guard Armories.
67-Adjutant General-
Military Fund
(WV Code Chapter 15)
Fund 0605 FY 2008 Org 0603
Unclassified-Total096$200,000
68-West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2008 Org 0605
Personal Services001$160,549
Annual Increment0042,616
Employee Benefits010214,376
Unclassified099188,806
Salaries of Members of West Virginia
Parole Board227455,000
BRIM Premium91316,310
Total$1,037,657
69-Division of Homeland Security and
Emergency Management
(WV Code Chapter 15)
Fund 0443 FY 2008 Org 0606
Personal Services001$413,696
Annual Increment0048,225
Employee Benefits010164,874
Unclassified099150,000
Radiological Emergency Preparedness55430,000
Federal Funds/Grant Match (R)749742,344
Mine and Industrial Accident Rapid
Response Call Center781297,480
Early Warning Flood System (R)877510,933
BRIM Premium91335,158
Disaster Mitigation952100,000
Total$2,452,710
Any unexpended balances remaining in the appropriations for Flood Reparations (fund 0443,
activity 400), Homeland Security Over Obligation-Surplus (fund 0443, activity 693), Federal
Funds/Grant Match (fund 0443, activity 749), Early Warning Flood System (fund 0443, activity
877), and Homeland Security Grant Match-Surplus (fund 0443, activity 957) at the close of the
fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
70-Division of Corrections-
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2008 Org 0608
Personal Services001$381,101
Annual Increment0048,663
Employee Benefits010123,993
Unclassified09997,594
Total$611,351
Any unexpended balance remaining in the appropriation for Management Information System
(fund 0446, activity 398) at the close of the fiscal year 2007 is hereby reappropriated for expenditure
during the fiscal year 2008.
71-Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2008 Org 0608
Employee Benefits010$356,824
Childrens Protection Act (R)090927,500
Unclassified 0991,622,204
Charleston Work Release4561,309,057
Beckley Correctional Center490930,649
Huntington Work Release495855,318
Anthony Center 5044,463,786
Huttonsville Correctional Center 51419,700,074
Northern Correctional Facility 5346,512,915
Inmate Medical Expenses (R)53522,364,267
Pruntytown Correctional Center 5436,380,596
Payments to Federal, County and/or
Regional Jails55517,168,500
Corrections Academy5691,387,032
Martinsburg Correctional Center6633,120,609
Parole Services6862,172,284
Special Services 6872,226,956
Capital Outlay and Maintenance (R)7552,000,000
Stephens Correctional Facility 7915,724,500
St. Mary's Correctional Facility 88112,466,756
Denmar Correctional Facility 8824,041,790
Ohio County Correctional Facility8831,423,651
Mt. Olive Correctional Facility88818,900,958
Lakin Correctional Facility8967,965,997
BRIM Premium9131,135,659
Total$145,157,882
Any unexpended balances remaining in the appropriations for Children's Protection Act (fund
0450, activity 090), Unclassified Surplus (fund 0450, activity 097), Inmate Management Information
System (fund 0450, activity 398), Capital Outlay (fund 0450, activity 511), Inmate Medical Expenses
(fund 0450, activity 535), Capital Outlay and Maintenance (fund 0450, activity 755), and Inmate
Medical Expenses-Surplus(fund 0450, activity 846) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
The commissioner of corrections shall, within fifteen days after the close of each six-month
period of said fiscal year, file with the legislative auditor and the department of revenue an itemized
report of expenditures made during the preceding six-month period. Such report shall include the
total of expenditures made for personal services, annual increment, current expenses (inmate medical
expenses and other), repairs and alterations and equipment.
The commissioner of corrections shall also have the authority to transfer between line items
appropriated to the individual correctional units above and may transfer funds from the individual
units to Payments to Federal, County and/or Regional Jails (fund 0450, activity 555) or Inmate
Medical Expenses (fund 0450, activity 535).
From the above appropriation to Unclassified, on July 1, 2007, the sum of three hundred
thousand dollars shall be transferred to the department of agriculture-land division as advance
payment for the purchase of food products; actual payments for such purchases shall not be required
until such credits have been completely expended.
72-West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2008 Org 0612
Personal Services001$39,100,578
Annual Increment004296,550
Employee Benefits0108,531,922
Childrens Protection Act090896,475
Unclassified0998,587,778
Vehicle Purchase4512,000,000
Barracks Lease Payments556440,088
Communications and
Other Equipment (R)5581,013,285
Trooper Retirement Fund6053,826,778
Retirement Systems-Unfunded Liability7752,850,000
Handgun Administration Expense74774,722
Capital Outlay and Maintenance (R)755500,000
Automated Fingerprint
Identification System8983,631,157
BRIM Premium9136,043,110
Total$77,792,443
Any unexpended balances remaining in the appropriations for Barracks Maintenance and
Construction (fund 0453, activity 494), Communications and Other Equipment (fund 0453, activity
558), Barracks Maintenance and Construction-Surplus (fund 0453, activity 669), Capital Outlay and
Maintenance (fund 0453, activity 755), and Law Enforcement-Special Projects (fund 0453, activity
787) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal
year 2008.
From the above appropriation for Capital Outlay and Maintenance, the sum of $250,000 shall
be utilized for the construction of a new detachment in Calhoun County, provided that the Calhoun
County Board of Education is willing to donate the land for the site to the State Police, and provided
further that any site preparation needed on the site shall be completed as part of the donation.
From the above appropriation for Personal Services, an amount not less than $25,000 shall be
expended to offset the costs associated with providing police services for the West Virginia State
Fair.
73-Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2008 Org 0613
Personal Services001$1,015,223
Annual Increment00451,960
Employee Benefits010419,164
Unclassified099164,847
Veterans' Field Offices228175,985
Veterans' Nursing Home (R)2865,440,215
Veterans' Toll Free Assistance Line3285,000
Veterans' Reeducation Assistance (R) 329211,604
Veterans' Grant Program (R)342150,000
Memorial Day Patriotic Exercise69720,000
Educational Opportunities for
Children of Deceased Veterans (R)854100,000
BRIM Premium91323,860
Total$7,777,588
Any unexpended balances remaining in the appropriations for Veterans' Nursing Home (fund
0456, activity 286), Veterans' Reeducation Assistance (fund 0456, activity 329), Veterans' Grant
Program (fund 0456, activity 342), Women's Veterans' Monument (fund 0456, activity 385),
Veterans' Bonus (fund 0456, activity 483), and Educational Opportunities for Children of Deceased
Veterans (fund 0456, activity 854) at the close of the fiscal year 2007 are hereby reappropriated for
expenditure during the fiscal year 2008.
The above appropriation for Veterans' Nursing Home (fund 0456, activity 286) may be
transferred to the Veterans Facilities Support Fund (fund 6703, org 0613) at the discretion of the
director of the Division of Veterans' Affairs.
74-Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 0460 FY 2008 Org 0618
Personal Services001$697,446
Annual Increment00427,350
Employee Benefits010332,337
Unclassified09931,369
Total$1,088,502
75-Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2008 Org 0619
Unclassified-Total096$84,800
Emergency Response Entities -
Special Projects822 800,000
Total$884,800
76-Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 0546 FY 2008 Org 0620
Personal Services001$242,415
Annual Increment0045,468
Employee Benefits01082,323
Unclassified099129,583
Community Corrections (R)5611,000,000
Statistical Analysis Program59749,408
Grants Program694500,000
BRIM Premium9131,660
Total$2,010,857
Any unexpended balances remaining in the appropriations for Community
Corrections-Surplus(fund 0546, activity 060) and Community Corrections (fund 0546, activity 561)
at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year
2008.
77-Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2008 Org 0621
Robert L. Shell Juvenile Center (R)267$1,959,727
Central Office (R) 7012,121,945
Capital Outlay and Maintenance (R)755500,000
Southern WV Youth Diagnostic Center (R)792126,493
Gene Spadaro Juvenile Center (R) 7931,961,623
BRIM Premium913113,016
WV Industrial Home for Youth (R) 97910,674,113
Davis Center (R) 9802,805,146
Eastern Juvenile Center (R)9812,042,950
Northern Juvenile Center (R) 9821,110,465
North Central Juvenile Center (R)9831,739,367
Southern Juvenile Center (R) 9841,798,816
Tiger Morton Juvenile Center (R) 9851,945,716
Donald Kuhn Juvenile Center (R) 9863,724,622
J.M. 'Chick' Buckbee
Juvenile Center (R) 9871,876,077
Salem Canine (R)9882,520
Davis Canine (R)9897,590
The Academy (R) 99095,752
Total$34,605,938
Any unexpended balances remaining in the appropriations for Robert L. Shell Juvenile Center
(fund 0570, activity 267), Central Office (fund 0570, activity 701), Capital Outlay and Maintenance
(fund 0570, activity 755), Southern WV Youth Diagnostic Center (fund 0570, activity 792), Gene
Spadaro Juvenile Center (fund 0570, activity 793), WV Industrial Home for Youth (fund 0570,
activity 979), Davis Center (fund 0570, activity 980), Eastern Regional Juvenile Center (fund 0570,
activity 981), Northern Regional Juvenile Center (fund 0570, activity 982), North Central Regional
Juvenile Center (fund 0570, activity 983), Southern Regional Juvenile Center (fund 0570, activity
984), Tiger Morton Center (fund 0570, activity 985), Donald R. Kuhn Juvenile Center (fund 0570,
activity 986), J.M. 'Chick' Buckbee Juvenile Center (fund 0570, activity 987), Salem Canine (fund
0570, activity 988), Davis Canine (fund 0570, activity 989), and The Academy (fund 0570, activity
990) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal
year 2008, with the exception of fund 0570, fiscal year 2005, activity 267 ($570,628.14); fund 0570,
fiscal year 2006, activity 267 ($100,000); fund 0570, fiscal year 2004, activity 701 ($13,675.39);
fund 0570, fiscal year 2005, activity 701 ($239.04); fund 0570, fiscal year 2006, activity 701
($52,654.22); fund 0570, fiscal year 2006, activity 793 ($75,000); fund 0570, fiscal year 2004,
activity 979 ($11,672.66); fund 0570, fiscal year 2005, activity 979 ($705.42); fund 0570, fiscal year
2006, activity 979 ($200,000); fund 0570, fiscal year 2004, activity 980 ($733.63); fund 0570, fiscal
year 2006, activity 980 ($145.55); fund 0570, fiscal year 2004, activity 981 ($7,775.13); fund 0570,
fiscal year 2005, activity 981 ($290,643.60); fund 0570, fiscal year 2006, activity 981 ($150,000); fund 0570, fiscal year 2005, activity 982 ($177,833.88); fund 0570, fiscal year 2006, activity 982
($75,000); fund 0570, fiscal year 2004, activity 983 ($6,194.54); fund 0570, fiscal year 2005, activity
983 ($87,950.46); fund 0570, fiscal year 2005, activity 984 ($118,352.03); fund 0570, fiscal year
2006, activity 984 ($50,000); fund 0570, fiscal year 2004, activity 985 ($49.40); fund 0570, fiscal
year 2005, activity 987 ($45,783.53); fund 0570, fiscal year 2005, activity 987 ($1,629.91); fund
0570, fiscal year 2006, activity 987 ($100,000); fund 0570, fiscal year 2004, activity 988
($56,965.37); fund 0570, fiscal year 2005, activity 988 ($23,907.03); fund 0570, fiscal year 2006,
activity 988 ($27,704.65); fund 0570, fiscal year 2005, activity 989 ($186.36); fund 0570, fiscal year
2006, activity 989 ($10,544.86); fund 0570, fiscal year 2004, activity 990 ($22,735.86); fund 0570,
fiscal year 2005, activity 990 ($11,391.77); and fund 0570, fiscal year 2006, activity 990
($42,508.92) which shall expire on June 30, 2007.
The director shall, within fifteen days after the close of each six-month period of said fiscal year,
file with the legislative auditor and the department of revenue an itemized report of expenditures
made during the preceding six-month period. Such report shall include the total expenditures made
for personal services, annual increment, current expenses, repairs and alterations, and equipment.
From the above appropriations, on July 1, 2007, the sum of fifty thousand dollars shall be
transferred to the department of agriculture-land division as advance payment for the purchase of
food products; actual payments for such purchases shall not be required until such credits have been
completely expended.
The director of juvenile services shall also have the authority to transfer between line items
appropriated to the individual juvenile centers above.
78-Division of Protective Services
(WV Code Chapter 5F)
Fund 0585 FY 2008 Org 0622
Personal Services001$995,511
Annual Increment00426,775
Employee Benefits010400,990
Unclassified (R)099423,951
BRIM Premium9137,707
Total$1,854,934
Any unexpended balances remaining in the appropriations for Equipment (fund 0585, activity
070) and Unclassified (fund 0585, activity 099) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
DEPARTMENT OF REVENUE
79-Office of the Secretary
(WV Code Chapter 11)
Fund 0465 FY 2008 Org 0701
Unclassified (R)099$843,403
Revenue Shortfall Reserve Fund-Transfer59012,266,069
Efficiency Savings7990
Total$13,109,472
Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 0465,
activity 096) and Unclassified (fund 0465, activity 099) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
The above appropriation for Revenue Shortfall Reserve Fund-Transfer (fund 0465, activity 590)
shall be transferred to the Revenue Shortfall Reserve Fund (fund 7005, org 0701).
80-Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2008 Org 0702
Personal Services (R)001$12,811,841
Annual Increment004388,590
Employee Benefits (R)0104,641,098
Unclassified (R)0996,860,469
GIS Development Project (R)562150,000
Remittance Processor (R)570381,015
Multi State Tax Commission65377,958
BRIM Premium91314,420
Total$25,325,391
Any unexpended balances remaining in the appropriations for Personal Services (fund 0470,
activity 001), Employee Benefits (fund 0470, activity 010), Tax Technology Upgrade (fund 0470,
activity 094), Unclassified (fund 0470, activity 099), Integrated Tax Accounting System (fund 0702,
activity 292), GIS Development Project (fund 0470, activity 562), and Remittance Processor (fund
0470, activity 570) at the close of the fiscal year 2007 are hereby reappropriated for expenditure
during the fiscal year 2008.
81-State Budget Office
(WV Code Chapter 11B)
Fund 0595 FY 2008 Org 0703
Unclassified (R)099$1,110,163
Pay Equity Reserve364250,000
BRIM Premium9136,000
Anticipated Employee Payraise @ 3.5%21,000,000
Total$22,366,163
Any unexpended balance remaining in the appropriation for Unclassified (fund 0595, activity
099) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal
year 2008.
82-West Virginia Office of Tax Appeals
(WV Code Chapter 11)
Fund 0593 FY 2008 Org 0709
Unclassified-Total (R)096$663,584
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0593,
activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the
fiscal year 2008.
83-Division of Professional and
Occupational Licenses-
State Athletic Commission
(WV Code Chapter 29)
Fund 0523 FY 2008 Org 0933
Unclassified-Total096$89,500
DEPARTMENT OF TRANSPORTATION
84-State Rail Authority
(WV Code Chapter 29)
Fund 0506 FY 2008 Org 0804
Unclassified099$2,607,235
BRIM Premium913253,309
Total$2,860,544
From the above appropriation for Unclassified (activity 099), $30,000 shall be expended for
improvements at the Duffield Station.
85-Division of Public Transit
(WV Code Chapter 17)
Fund 0510 FY 2008 Org 0805
Unclassified (R)099$1,258,342
Federal Funds/Grant Match (R)7491,765,000
Total$3,023,342
Any unexpended balances remaining in the appropriations for Unclassified (fund 0510, activity
099), Grant Match (fund 0510, activity 388), and Federal Funds/Grant Match (fund 0510, activity 749) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal
year 2008.
86-Public Port Authority
(WV Code Chapter 17)
Fund 0581 FY 2008 Org 0806
Unclassified (R)099$426,785
BRIM Premium9136,654
Total$433,439
Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 0581,
activity 096) and Unclassified (fund 0581, activity 099) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
87-Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2008 Org 0807
Unclassified (R)099$1,309,504
Civil Air Patrol234163,258
Total$1,472,762
Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0582,
activity 097) and Unclassified (fund 0582, activity 099) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
From the above appropriation for Unclassified, the sum of $110,000 shall be distributed equally
to each of the eleven local Civil Air Patrol Squadrons.
HIGHER EDUCATION
88-West Virginia Council for
Community and Technical College Education-
Control Account
(WV Code Chapter 18B)
Fund 0596 FY 2008 Org 0420
Unclassified099$2,000,000
New River Community and
Technical College3584,429,955
West Virginia Council for Community
and Technical Education (R)392707,600
Eastern West Virginia Community and
Technical College4121,990,948
West Virginia State Community and
Technical College4453,074,167
Southern West Virginia Community and
Technical College4468,053,214
West Virginia Northern Community and
Technical College4476,565,528
West Virginia University-
Parkersburg4718,428,561
West Virginia University Institute
for Technology Community and
Technical College4863,263,224
Marshall Community and
Technical College4875,483,460
Community College
Workforce Development (R)8781,000,000
Blue Ridge Community and
Technical College8852,531,131
College Transition Program (R)887333,500
West Virginia Advance Workforce
Development (R)8933,000,000
Technical Program Development (R)8942,000,000
Pierpont Community and Technical College9307,892,952
Total$60,754,240
Any unexpended balances remaining in the appropriations for the West Virginia Council for
Community and Technical Education (fund 0596, activity 392), Community College Workforce
Development (fund 0420, activity 878), College Transition Program (fund 0420, activity 887), West
Virginia Advance Workforce Development (fund 0420, activity 893), and Technical Program
Development (fund 0420, activity 894) at the close of the fiscal year 2007 are hereby reappropriated
for expenditure during the fiscal year 2008.
From the above appropriation for the Community College Workforce Development (activity
878), $200,000 shall be expended on the Mine Training Program in Southern West Virginia.
The institutions operating with special revenue funds and/or federal funds shall pay their
proportionate share of the Board of Risk and Insurance Management total insurance premium cost
for their respective institutions.
89-Higher Education Policy Commission-
Administration-
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2008 Org 0441
Unclassified099$2,015,779
Higher Education Grant Program16425,681,209
WVNET1691,877,298
Research Challenge5027,500,000
VISTA E-Learning (R)519300,000
PROMISE Scholarship-Transfer80013,800,000
BRIM Premium91357,419
Total$51,231,705
Any unexpended balances remaining in the appropriations for Higher Education-Special
Projects (fund 0589, activity 488), VISTA E-Learning (fund 0589, activity 519), and Vice Chancellor
for Health Sciences-Rural Health Initiative Program and Site Support (fund 0589, activity 595) at
the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year
2008.
The above appropriation for Higher Education Grant Program (activity 164) shall be transferred
to the Higher Education Grant Fund (fund 4933, org 0441) established by chapter eighteen-c, article
five, section three.
The above appropriation for PROMISE Scholarship-Transfer (activity 800) shall be transferred
to the PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article
seven, section seven.
The above appropriation for Research Challenge, FY 2008, shall be divided equally between
the state's research and doctoral degree-granting public institutions of higher education as defined
in §18B-2A-6. Prior to the first day of June, 2007, and prior to the expenditure of any funds from
this account, the institutions shall report to the Legislative Oversight Committee on Education
Accountability a detailed action plan outlining the purposes for which the funds are to be expended.
The institutions shall report to the Legislative Oversight Committee on Education
Accountability by the first day of August 2008, explicit details on how the funds were expended and
the results and benefits obtained from the expenditures.
90-Higher Education Policy Commission-
System-
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2008 Org 0442
Unclassified099$5,000,000
WVU School of Health Science-
Eastern Division0562,500,000
Marshall Medical School1739,062,522
WVU-School of Health Sciences17413,195,226
WVU School of Health Sciences-
Charleston Division1752,378,438
Primary Health Education Medical School
Program Support (R)1772,129,507
Bluefield State College4085,133,813
Concord University4109,372,786
Fairmont State University41411,746,694
Glenville State College4285,475,753
Shepherd University43210,335,074
West Liberty State College4398,561,489
West Virginia State University4419,314,413
Marshall University44845,391,341
Marshall University Medical School
BRIM Subsidy4491,015,462
West Virginia University459105,336,051
West Virginia University School of
Medicine BRIM Subsidy4601,400,038
West Virginia University Institute
for Technology4797,925,335
WVUIT - ABET Accreditation1,800,000
State Priorities-Brownfield Professional
Development (R)531800,000
West Virginia University Land Grant Match9561,908,000
West Virginia University-
Potomac State 9944,149,540
West Virginia School of
of Osteopathic Medicine1726,988,213
Total$270,919,695
Any unexpended balances remaining in the appropriations for Primary Health Education
Medical School Program Support (fund 0586, activity 177), Jackson's Mill (fund 0586, activity 461),
State Priorities-Bonfield Professional Development (fund 0586, activity 531), and Jackson's Mill-
Surplus (fund 0586, activity 842) at the close of fiscal year 2007 are hereby reappropriated for
expenditure during the fiscal year 2008.
Included in the appropriation for WVU-School of Health Sciences
and Marshall Medical School are $943,080 and $295,477, respectively, for Graduate Medical
Education which may be transferred to the Department of Health and Human Resources' Medical
Service Fund (fund 5084) for the purpose of matching federal or other funds to be used in support
of graduate medical education, subject to the Vice-Chancellor for Health Sciences and the Secretary
of the Department of Health and Human Resources. If approval is denied, the funds may be utilized
by the respective institutions for expenditure on graduate medical education.
Included in the above appropriation for WVU-School of Health Sciences is $511,105 for the
WVU Charleston Division Poison Control Hotline. This amount shall be enhanced by an allocation
for the director's salary as well as in-kind assistance. These amounts shall be allocated equally
among the four quarters of the fiscal year for disbursement to the WVU-Charleston Division Poison
Control Hotline. Also included is $800,000 for the Planchette Rockefeller Project.
Included in the above appropriation for West Virginia University is $34,500 for the Marshall
and WVU Faculty and Course Development International Study Project, $246,429 for the WVU Law
School-Skills Program, $147,857 for the WVU Coal and Energy Research Bureau, $19,714 for the
WVU College of Engineering and Mineral Resources-Diesel Training-Transfer, $165,000 for the
WVU-Sheep Study/Potomac Equine Program, $500,000 for the Mining Engineering Program,
$500,000 for the Center for Multiple Sclerosis Program,$80,000 for a Landscape Architect at Davis
College of Forestry Agriculture and Consumer Sciences, $100,000 for the WVU-Soil Testing
Program, $100,000 for a veterinarian, 50,000 for the WVU Cancer Study, 220,000 for the WVU
Petroleum Engineering Program and $100,000 for the rifle team. Included in the appropriation for
West Virginia University is funding for the WVU College of Law, which shall continue to operate
as the State's exclusive public college of law.
Included in the above appropriation for Marshall Medical School is $417,351 for the Marshall
University Forensic Lab and $175,061 for the Marshall University Center for Rural Health.
Included in the above appropriation for Marshall University is $181,280 for the Marshall
University-Southern WV CAC 2+2 Program and $795,597 for the Marshall University Autism
Training Center.
Included in the above appropriation for Concord University is $100,000 for the Geographic
Alliance.
Included in the above appropriation for Shepherd University is $100,000 for the Gateway
Program.
State Farms for maintenance, repairs and equipment.
The above appropriation for West Virginia University Institute of Technology shall be
administered by the Higher Education Policy Commission to aid the Leonard C. Nelson College of
Engineering in meeting the requirements to maintain the Accreditation Board of Engineering and
Technology (ABET) accreditation by bringing laboratory equipment to the 21st Century expectations.
The Policy Commission shall oversee expenditure of all funds distributed to West Virginia University Institute of Technology from this account and shall require that the institution provide,
in advance of the receipt of funds, a detailed action plan. The Policy Commission shall distribute
funds to the West Virginia University Institute of Technology in a timely manner to meet urgent
infrastructure needs for the College of Engineering and to address findings of the ABET
accreditation team. The Policy Commission shall report monthly to the Legislative Oversight
Committee on Education Accountability on the expenditure of funds and on the progress of the
institution in meeting the ABET accreditation requirements.
The institutions operating from special revenue funds and/or federal funds shall pay their
proportionate share of the Board of Risk and Insurance Management total insurance premium cost
for their respective institutions.
From the above appropriations to the respective medical schools, the line items for BRIM
subsidies funding shall be paid to the Board of Risk and Insurance Management as a general revenue
subsidy against the 'Total Premium Billed' to each institution as part of the full cost of their
malpractice insurance coverage.
91-Higher Education Policy Commission-
Legislative-
Funding Priorities
Control Account
(WV Code Chapter 18B)
Fund 0591 FY 2008 Org 0441
Any unexpended balances remaining in the appropriations for Higher Education-Special
Projects (fund 0591, activity 488), Independently Accredited Community and Technical College
Development (fund 0591, activity 491), and Research Challenge (fund 0591, activity 502) at the
close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation shall be allocated only to the State's post-secondary institutions with
compacts approved by the Higher Education Policy Commission or West Virginia Council for Community and Technical College Education, as stated in §18B-1A-5.
Total TITLE II, Section 1-General Revenue$3,770,650,000
Sec. 2. Appropriations from state road fund.-From the state road fund there are hereby
appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter
eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two
thousand eight.
DEPARTMENT OF TRANSPORTATION
9- -Division of Motor Vehicles
(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)
Fund 9007 FY 2008 Org 0802
State
Road
ActivityFund
Personal Services001$14,472,357
Annual Increment004272,285
Employee Benefits0106,506,369
Unclassified09912,742,935
Total$33,993,946
9- -Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2008 Org 0803
Debt Service040$50,000,000
Maintenance 237260,288,000
Maintenance, Contract Paving and
Secondary Road Maintenance27250,000,000
Bridge Repair and Replacement27330,000,000
Inventory Revolving2752,000,000
Equipment Revolving27615,000,000
General Operations27742,500,000
Interstate Construction278100,000,000
Other Federal Aid Programs279350,700,000
Appalachian Programs280150,000,000
Nonfederal Aid Construction28120,000,000
Highway Litter Control2821,681,000
Total$1,072,419,000
The above appropriations are to be expended in accordance with the provisions of chapters
seventeen and seventeen-c of the code.
The commissioner of highways shall have the authority to operate revolving funds within the
state road fund for the operation and purchase of various types of equipment used directly and
indirectly in the construction and maintenance of roads and for the purchase of inventories and
materials and supplies.
There is hereby appropriated within the above items sufficient money for the payment of claims,
accrued or arising during this budgetary period, to be paid in accordance with sections seventeen and
eighteen, article two, chapter fourteen of the code.
It is the intent of the Legislature to capture and match all federal funds available for expenditure
on the Appalachian highway system at the earliest possible time. Therefore, should amounts in
excess of those appropriated be required for the purposes of Appalachian programs, funds in excess
of the amount appropriated may be made available upon recommendation of the commissioner and
approval of the governor. Further, for the purpose of Appalachian programs, funds appropriated to
line items may be transferred to other line items upon recommendation of the commissioner and
approval of the governor.
From the above appropriation, $125,000 is for King Coal Highway Authority; $125,000 is for
Coal Field Expressway Authority; $100,000 is for Coal Heritage Highway Authority; $100,000 is for Coal Heritage Area Authority; $25,000 is for Little Kanawha River Parkway; $90,000 is for
Midland Trail Scenic Highway Association; $57,000 is for Shawnee Parkway Authority; $100,000
is for Corridor G Highway Authority; $125,000 is for Corridor H Authority.
Total TITLE II, Section 2-State Road Fund$ 1,106,412,946
Sec. 3. Appropriations from other funds.-From the funds designated there are hereby
appropriated conditionally upon the fulfillment of the provisions set forth in article two, eleven-b
of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand
eight.
LEGISLATIVE
9- -Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 1731 FY 2008 Org 2300
Other
ActivityFunds
Personal Services001$286,000
Annual Increment0045,000
Employee Benefits010109,200
Unclassified099135,603
Economic Loss Claim Payment Fund (R)3343,597,775
Total$4,133,578
Any unexpended balance remaining in the appropriation for Economic Loss Claim Payment
Fund (fund 1731, activity 334) at the close of the fiscal year 2007 is hereby reappropriated for
expenditure during the fiscal year 2008.
EXECUTIVE
9- -Auditor's Office-
Land Operating Fund
(WV Code Chapters 11A, 12 and 36)
Fund 1206 FY 2008 Org 1200
Personal Services001$256,786
Annual Increment0047,500
Employee Benefits010127,257
Unclassified099676,054
Total$1,067,597
There is hereby appropriated from this fund, in addition to the above appropriation, the
necessary amount for the expenditure of funds other than personal services or employee benefits to
enable the division to pay the direct expenses relating to land sales as provided in chapter eleven-a
of the West Virginia Code.
The total amount of this appropriation shall be paid from the special revenue fund out of fees
and collections as provided by law.
9- -Auditor's Office-
Securities Regulation Fund
(WV Code Chapter 32)
Fund 1225 FY 2008 Org 1200
Personal Services001$1,083,357
Annual Increment00414,700
Employee Benefits010450,435
Unclassified0991,391,122
Total$2,939,614
9- -Auditor's Office-
Technology Support and Acquisition Fund
(WV Code Chapter 12)
Fund 1233 FY 2008 Org 1200
Unclassified-Total096$400,000
Fifty percent of the deposits made into this fund shall be transferred to the Treasurer's Office-
Technology Support and Acquisition Fund (fund 1329, org 1300) for expenditure for the purposes
described in West Virginia Code § 12-3-10c.
9- -Auditor's Office-
Purchasing Card Administration Fund
(WV Code Chapter 12)
Fund 1234 FY 2008 Org 1200
Unclassified-Total096$3,108,525
9- -Auditor's Office-
Office of the Chief Inspector
(WV Code Chapter 6)
Fund 1235 FY 2008 Org 1200
Personal Services001$1,931,509
Annual Increment00431,500
Employee Benefits010685,289
Unclassified099622,315
Total$3,105,525
- 0-Treasurer's Office-
College Prepaid Tuition and Savings Program
Administrative Account
(WV Code Chapter 18)
Fund 1301 FY 2008 Org 1300
Unclassified-Total096$1,401,952
101-Treasurer's Office-
Technology Support and Acquisition Fund
(WV Code Chapter 12)
Fund 1329 FY 2008 Org 1300
Unclassified-Total096$475,000
102-Department of Agriculture-
Agriculture Fees Fund
(WV Code Chapter 19)
Fund 1401 FY 2008 Org 1400
Personal Services001$1,150,144
Annual Increment00416,000
Employee Benefits010448,081
Unclassified099992,586
Total$2,606,811
103-Department of Agriculture-
West Virginia Rural Rehabilitation Program
(WV Code Chapter 19)
Fund 1408 FY 2008 Org 1400
Personal Services001$51,204
Annual Increment004850
Employee Benefits01015,246
Unclassified099975,996
Total$1,043,296
104-Department of Agriculture-
General John McCausland Memorial Farm
(WV Code Chapter 19)
Fund 1409 FY 2008 Org 1400
Unclassified-Total096$100,000
The above appropriation shall be expended in accordance with article twenty-six, chapter nineteen of the code.
105-Department of Agriculture-
Farm Operating Fund
(WV Code Chapter 19)
Fund 1412 FY 2008 Org 1400
Unclassified-Total096$1,500,450
106-Department of Agriculture-
Donated Food Fund
(WV Code Chapter 19)
Fund 1446 FY 2008 Org 1400
Unclassified-Total096$4,500,000
107-Department of Agriculture-
Integrated Predation Management Fund
(WV Code Chapter 7)
Fund 1465 FY 2008 Org 1400
Unclassified-Total096$25,000
108-Attorney General-
Antitrust Enforcement
(WV Code Chapter 47)
Fund 1507 FY 2008 Org 1500
Personal Services001$252,718
Annual Increment0041,965
Employee Benefits01077,130
Unclassified099138,055
Total$469,688
109-Attorney General-
Preneed Burial Contract Regulation Fund
(WV Code Chapter 47)
Fund 1513 FY 2008 Org 1500
Unclassified-Total096$231,123
110-Attorney General-
Preneed Guarantee Fund
(WV Code Chapter 47)
Fund 1514 FY 2008 Org 1500
Unclassified-Total096$775,000
111-Secretary of State-
Service Fees and Collection Account
(WV Code Chapters 3, 5, and 59)
Fund 1612 FY 2008 Org 1600
Personal Services001$1,136,600
Annual Increment00410,300
Employee Benefits010332,545
Unclassified0991,055,406
Total$2,534,851
112-Secretary of State-
State Election Fund
(WV Code Chapter 3)
Fund 1614 FY 2008 Org 1600
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 1614,
activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the
fiscal year 2008.
DEPARTMENT OF ADMINISTRATION
113-Division of Information Services and Communications
(WV Code Chapter 5A)
Fund 2220 FY 2008 Org 0210
Personal Services001$19,124,893
Annual Increment004274,530
Employee Benefits0106,285,029
Unclassified09911,394,644
Total$37,079,096
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the division of information services and communications as provided by law.
Each spending unit operating from the general revenue fund, from special revenue funds or
receiving reimbursement for postage from the federal government shall be charged monthly for all
postage meter service and shall reimburse the revolving fund monthly for all such amounts.
114-Division of Personnel
(WV Code Chapter 29)
Fund 2440 FY 2008 Org 0222
Personal Services001$2,644,457
Annual Increment00458,190
Employee Benefits010944,122
Unclassified0991,374,811
Total$5,021,580
The total amount of this appropriation shall be paid from a special revenue fund out of fees
collected by the division of personnel.
115-WV Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 2521 FY 2008 Org 0228
Unclassified-Total (R)096$545,887
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 2521,
activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the
fiscal year 2008.
116-Office of Technology-
Chief Technology Officer Administration Fund
(WV Code Chapter 5A)
Fund 2531 FY 2008 Org 0231
Unclassified-Total096$2,034,788
From the above fund, the provisions of West Virginia Code §11B-2-18 shall not operate to
permit expenditures in excess of the funds authorized for expenditure herein.
DEPARTMENT OF COMMERCE
117-Division of Forestry
(WV Code Chapter 19)
Fund 3081 FY 2008 Org 0305
Personal Services001$189,417
Annual Increment0045,350
Employee Benefits01085,697
Unclassified099541,459
Total$821,923
118-Division of Forestry-
Timbering Operations Enforcement Fund
(WV Code Chapter 19)
Fund 3082 FY 2008 Org 0305
Unclassified-Total096$141,750
119-Division of Forestry-
Severance Tax Operations
(WV Code Chapter 11)
Fund 3084 FY 2008 Org 0305
Unclassified-Total096$2,039,024
120-Geological and Economic Survey
(WV Code Chapter 29)
Fund 3100 FY 2008 Org 0306
Personal Services001$43,480
Annual Increment004584
Employee Benefits01015,227
Unclassified099157,099
Total$216,390
The above appropriation shall be used in accordance with section four, article two, chapter
twenty-nine of the code.
121-West Virginia Development Office-
Energy Assistance
(WV Code Chapter 5B)
Fund 3144 FY 2008 Org 0307
Energy Assistance-Total (R)647$300,000
Any unexpended balance remaining in the appropriation for Energy Assistance-Total (fund
3144, activity 647) at the close of the fiscal year 2007 is hereby reappropriated for expenditure
during the fiscal year 2008.
122-West Virginia Development Office-
Office of Coal Field Community Development
(WV Code Chapter 5B)
Fund 3162 FY 2008 Org 0307
Unclassified-Total (R)096$694,104
Any unexpended balance remaining in the above appropriation for Unclassified-Total (fund
3162, activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure
during the fiscal year 2008.
123-Division of Labor-
Contractor Licensing Board Fund
(WV Code Chapter 21)
Fund 3187 FY 2008 Org 0308
Personal Services001$1,071,874
Annual Increment00414,280
Employee Benefits010500,014
Unclassified099471,987
Total$2,058,155
124-Division of Labor-
Elevator Safety Act
(WV Code Chapter 21)
Fund 3188 FY 2008 Org 0308
Personal Services001$76,697
Annual Increment004723
Employee Benefits01030,327
Unclassified09969,868
Total$177,615
125-Division of Labor-
Crane Operator Certification Fund
(WV Code Chapter 21)
Fund 3191 FY 2008 Org 0308
Unclassified-Total096$112,175
126-Division of Labor-
Amusement Rides and Amusement Attraction Safety Fund
(WV Code Chapter 21)
Fund 3192 FY 2008 Org 0308
Unclassified-Total096$102,958
127-Division of Labor-
State Manufactured Housing Administration Fund
(WV Code Chapter 21)
Fund 3195 FY 2008 Org 0308
Personal Services001$97,000
Annual Increment0041,646
Employee Benefits01045,701
Unclassified09927,349
BRIM Premium9133,404
Total$177,615
128-Division of Labor-
Weights and Measures Fund
(WV Code Chapter 47)
Fund 3196 FY 2008 Org 0308
Unclassified-Total096$50,000
129-Division of Natural Resources
(WV Code Chapter 20)
Fund 3200 FY 2008 Org 0310
Wildlife Resources023$7,256,893
Administration1551,962,790
Capital Improvements and
Land Purchase (R)2481,597,397
Law Enforcement8067,256,893
Total$18,073,973
The total amount of this appropriation shall be paid from a special revenue fund out of fees
collected by the division of natural resources.
Any unexpended balances remaining in the appropriations for Point of Sales Licensing System
(fund 3200, activity 043), Capital Improvements and Land Purchase (fund 3200, activity 248), and
DEP-Compliance Mandate-Fish Hatchery (fund 3200, activity 668) at the close of the fiscal year
2007 are hereby reappropriated for expenditure during the fiscal year 2008 with the exception of
fund 3200, fiscal year 2003, activity 248 ($1,000,000) which shall expire on June 30, 2007.
130-Division of Natural Resources-
Game, Fish and Aquatic Life Fund
(WV Code Chapter 20)
Fund 3202 FY 2008 Org 0310
Unclassified-Total096$75,000
131-Division of Natural Resources-
Nongame Fund
(WV Code Chapter 20)
Fund 3203 FY 2008 Org 0310
Personal Services001$646,649
Annual Increment0049,250
Employee Benefits010245,968
Unclassified099446,250
Total$1,348,117
132-Division of Natural Resources-
Planning and Development Division
(WV Code Chapter 20)
Fund 3205 FY 2008 Org 0310
Personal Services001$239,068
Annual Increment0046,400
Employee Benefits01091,385
Unclassified099167,052
Total$503,905
133-Division of Natural Resources-
Whitewater Study and Improvement Fund
(WV Code Chapter 20)
Fund 3253 FY 2008 Org 0310
Unclassified-Total096$209,090
134-Division of Natural Resources-
Whitewater Advertising and Promotion Fund
(WV Code Chapter 20)
Fund 3256 FY 2008 Org 0310
Unclassified-Total096$20,000
135-Miners' Health, Safety and Training Fund
(WV Code Chapter 22A)
Fund 3355 FY 2008 Org 0314
Personal Services001$90,000
Annual Increment004275
Employee Benefits01027,055
WV Mining Extension Service026150,000
Unclassified099548,000
Total$815,330
DEPARTMENT OF EDUCATION
136-State Board of Education-
Strategic Staff Development
(WV Code Chapter 18)
Fund 3937 FY 2008 Org 0402
Unclassified-Total (R)096$501,283
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3937,
activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the
fiscal year 2008.
137-State Department of Education-
School Building Authority
(WV Code Chapter 18)
Fund 3959 FY 2008 Org 0402
Personal Services001$672,719
Annual Increment00410,650
Employee Benefits010238,574
Unclassified099266,715
Total$1,188,658
The above appropriation for the administrative expenses of the school building authority shall
be paid from the interest earnings on debt service reserve accounts maintained on behalf of said
authority.
138-State Department of Education-
FFA-FHA Camp and Conference Center
(WV Code Chapter 18)
Fund 3960 FY 2008 Org 0402
Personal Services001$840,000
Annual Increment00416,000
Employee Benefits010295,670
Unclassified099705,590
Total$1,857,260
DEPARTMENT OF EDUCATION AND THE ARTS
139-Office of the Secretary-
Lottery Education Fund Interest Earnings-
Control Account
(WV Code Chapter 29)
Fund 3508 FY 2008 Org 0431
EPSCoR571$353,259
Educational Enhancements695600,000
Total$953,259
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3508,
activity 096) and EPSCoR-Total (fund 3508, activity 651) at the close of the fiscal year 2007 are
hereby reappropriated for expenditure during the fiscal year 2008.
140-Division of Culture and History-
Public Records and Preservation Revenue Account
(WV Code Chapter 5A)
Fund 3542 FY 2008 Org 0432
Unclassified-Total 096$935,071
141-State Board of Rehabilitation-
Division of Rehabilitation Services-
West Virginia Rehabilitation Center-
Special Account
(WV Code Chapter 18)
Fund 8664 FY 2008 Org 0932
Unclassified-Total096$905,360
DEPARTMENT OF ENVIRONMENTAL PROTECTION
142-Solid Waste Management Board
(WV Code Chapter 22C)
Fund 3288 FY 2008 Org 0312
Personal Services001$597,898
Annual Increment0045,900
Employee Benefits010188,802
Unclassified0991,755,180
Total$2,547,780
143-Division of Environmental Protection-
Environmental Management Fund
(WV Code Chapter 22)
Fund 3001 FY 2008 Org 0313
Personal Services001$14,410,057
Annual Increment004201,408
Employee Benefits0105,477,878
Unclassified09914,500,064
Total$34,589,407
144-Division of Environmental Protection-
Special Reclamation Fund
(WV Code Chapter 22)
Fund 3321 FY 2008 Org 0313
Personal Services001$1,201,810
Annual Increment00417,650
Employee Benefits010422,190
Unclassified09916,292,832
Total$17,934,482
145-Division of Environmental Protection-
Oil and Gas Reclamation Fund
(WV Code Chapter 22)
Fund 3322 FY 2008 Org 0313
Unclassified-Total096$441,545
146-Division of Environmental Protection-
Stream Restoration Fund
(WV Code Chapter 22)
Fund 3349 FY 2008 Org 0313
Unclassified-Total096$945,000
147-Division of Environmental Protection-
Recycling Assistance Fund
(WV Code Chapter 22)
Fund 3487 FY 2008 Org 0313
Any unexpended balance remaining in the appropriation for Unclassified (fund 3487, activity
099) at the close of the fiscal year 2007 is hereby reappropriated and redesignated into the Division
of Environmental Protection (organization 0313), Environmental Management Fund (fund 3001) for
expenditure during the fiscal year 2008.
148-Oil and Gas Conservation Commission-
Special Oil and Gas Conservation Fund
(WV Code Chapter 22C)
Fund 3371 FY 2008 Org 0315
Personal Services001$152,369
Annual Increment0042,300
Employee Benefits01036,553
Unclassified09933,206
Total$224,428
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
149-Board of Barbers and Cosmetologists
(WV Code Chapters 16 and 30)
Fund 5425 FY 2008 Org 0505
Personal Services001$243,796
Annual Increment0046,211
Employee Benefits010107,238
Unclassified099101,366
Total$458,611
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the board of barbers and cosmetologists as provided by law.
150-WV Board of Medicine
(WV Code Chapter 30)
Fund 5106 FY 2008 Org 0506
Unclassified-Total096$1,192,861
151-Division of Health-
Tobacco Settlement Expenditure Fund
(WV Code Chapter 4)
Fund 5124 FY 2008 Org 0506
Any unexpended balances remaining in the above appropriations for Institutional Facilities
Operations (fund 5124, activity 335) and Tobacco Education Program (fund 5124, activity 906) at the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year
2008.
152-Division of Health-
Vital Statistics
(WV Code Chapter 16)
Fund 5144 FY 2008 Org 0506
Personal Services001$376,206
Annual Increment0049,003
Employee Benefits010161,614
Unclassified.099570,788
Total$1,117,611
153-Division of Health-
Hospital Services Revenue Account
(Special Fund)
(Capital Improvement, Renovation and Operations)
(WV Code Chapter 16)
Fund 5156 FY 2008 Org 0506
Debt Service (R)040$2,420,000
Institutional Facilities
Operations (R)33538,674,129
Medical Services Trust Fund-
Transfer (R)51223,300,000
Total$64,394,129
Any unexpended balance remaining in the appropriation for hospital services revenue account
at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year
2008, except for fund 5156, activity 040 (fiscal year 2006) which shall expire on June 30, 2007.
The total amount of this appropriation shall be paid from the hospital services revenue account
special fund created by section thirteen, article one, chapter sixteen of the code, and shall be used
for operating expenses and for improvements in connection with existing facilities and bond
payments.
The secretary of the department of health and human resources is authorized to utilize up to ten
percent of the funds from the appropriation for Institutional Facilities Operations line to facilitate
cost effective and cost saving services at the community level.
Necessary funds from the above appropriation may be used for medical facilities operations,
either in connection with this account or in connection with the line item designated Institutional
Facilities Operations in the consolidated medical service fund (fund 0525, fiscal year 2008,
organization 0506).
From the above appropriation to Institutional Facilities Operations, together with available funds
from the consolidated medical services fund (fund 0525, activity 335) on July 1, 2007, the sum of
one hundred sixty thousand dollars shall be transferred to the department of agriculture-land division
as advance payment for the purchase of food products; actual payments for such purchases shall not
be required until such credits have been completely expended.
154-Division of Health-
Laboratory Services
(WV Code Chapter 16)
Fund 5163 FY 2008 Org 0506
Personal Services001$514,710
Annual Increment00411,060
Employee Benefits010208,533
Unclassified099116,530
Total$850,833
155-Division of Health-
Health Facility Licensing
(WV Code Chapter 16)
Fund 5172 FY 2008 Org 0506
Personal Services001$204,830
Annual Increment0043,200
Employee Benefits01075,923
Unclassified09993,313
Total$377,266
156-Division of Health-
Hepatitis B Vaccine
(WV Code Chapter 16)
Fund 5183 FY 2008 Org 0506
Personal Services001$57,871
Annual Increment0041,530
Employee Benefits01022,056
Unclassified.0992,996,007
Total$3,077,464
157-Division of Health-
Lead Abatement Fund
(WV Code Chapter 16)
Fund 5204 FY 2008 Org 0506
Unclassified-Total096$20,090
158-Division of Health-
West Virginia Birth to Three Fund
(WV Code Chapter 16)
Fund 5214 FY 2008 Org 0506
Personal Services001$511,400
Annual Increment0044,750
Employee Benefits010202,041
Unclassified09919,141,165
Total$19,859,356
159-Division of Health-
Tobacco Control Special Fund
(WV Code Chapter 16)
Fund 5218 FY 2008 Org 0506
Unclassified-Total096$15,000
160-West Virginia Health Care Authority-
Health Care Cost Review Fund
(WV Code Chapter 16)
Fund 5375 FY 2008 Org 0507
Personal Services001$2,218,904
Annual Increment00425,000
Employee Benefits010688,250
Hospital Assistance025600,000
Unclassified0993,089,545
Total$6,621,699
The above appropriation is to be expended in accordance with and pursuant to the provisions
of article twenty-nine-b, chapter sixteen of the code and from the special revolving fund designated
health care cost review fund.
The Health Care Authority is authorized to transfer up to $900,000 from this fund to the West
Virginia Health Information Network Account (fund 5380) as authorized per 16-29G-4.
161-West Virginia Health Care Authority-
West Virginia Health Information Network Account
(WV Code Chapter 16)
Fund 5380 FY 2008 Org 0507
Unclassified-Total096$900,000
162-Division of Human Services-
Health Care Provider Tax
(WV Code Chapter 11)
Fund 5090 FY 2008 Org 0511
Medical Services189$173,816,000
Medical Services Administrative Costs789400,000
Total$174,216,000
From the above appropriation, an amount not to exceed two hundred thousand dollars shall be
transferred to a special revenue account in the treasury for use by the department of health and
human resources for administrative purposes. The remainder of all moneys deposited in the fund
shall be transferred to the West Virginia medical services fund (fund 5084).
163-Division of Human Services-
Child Support Enforcement
(WV Code Chapter 48A)
Fund 5094 FY 2008 Org 0511
Unclassified-Total (R)096$34,640,532
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 5094,
activity 096) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the
fiscal year 2008, except for fund 5094, activity 096, fiscal year 2005 which shall expire on June 30,
2007.
164-Division of Human Services-
Medical Services Trust Fund
(WV Code Chapter 9)
Fund 5185 FY 2008 Org 0511
Medical Services189$30,556,594
Medical Services Administrative Costs789501,411
Total$31,058,005
The above appropriation to Medical Services shall be used to provide state match of Medicaid
expenditures as defined and authorized in subsection (c) of Chapter 9-4A-2a. Expenditures from the
fund are limited to the following: payment of backlogged billings, funding for services to future
federally mandated population groups and payment of the required state match for medicaid
disproportionate share payments. The remainder of all moneys deposited in the fund shall be
transferred to the division of human services accounts.
165-Division of Human Services-
James 'Tiger' Morton Catastrophic Illness Fund
(WV Code Chapter 16)
Fund 5454 FY 2008 Org 0511
Unclassified-Total096$1,607,564
166-Family Protection Services Board-
Domestic Violence Legal Services Fund
(WV Code Chapter 48)
Fund 5455 FY 2008 Org 0511
Unclassified-Total096$588,022
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
167-Department of Military Affairs and Public Safety-
Office of the Secretary-
Law-Enforcement, Safety and
Emergency Worker Funeral
Expense Payment Fund
(WV Code Chapter 15)
Fund 6003 FY 2008 Org 0601
Unclassified-Total096$20,000
168-State Armory Board-
General Armory Fund
(WV Code Chapter 15)
Fund 6057 FY 2008 Org 0603
Unclassified-Total096$1,459,901
169-Division of Homeland Security and
Emergency Management-
West Virginia Interoperable Radio Project
(WV Code Chapter 24)
Fund 6295 FY 2008 Org 0606
Unclassified-Total096$1,500,000
170-West Virginia Division of Corrections-
Parolee Supervision Fees
(WV Code Chapter 62)
Fund 6362 FY 2008 Org 0608
Personal Services001$263,670
Annual Increment0041,651
Employee Benefits01091,872
Unclassified099371,204
Total$728,397
171-West Virginia State Police-
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)
Fund 6501 FY 2008 Org 0612
Personal Services001$714,500
Annual Increment00424,500
Employee Benefits010301,169
Unclassified099357,770
BRIM Premium913302,432
Total$1,700,371
The total amount of this appropriation shall be paid from the special revenue fund out of fees
collected for inspection stickers as provided by law.
172-West Virginia State Police-
Drunk Driving Prevention Fund
(WV Code Chapter 15)
Fund 6513 FY 2008 Org 0612
Unclassified099$1,327,000
BRIM Premium913154,452
Total$1,481,452
The total amount of this appropriation shall be paid from the special revenue fund out of
receipts collected pursuant to sections nine-a and sixteen, article fifteen, chapter eleven of the code
and paid into a revolving fund account in the state treasury.
173-West Virginia State Police-
Surplus Real Property Proceeds Fund
(WV Code Chapter 15)
Fund 6516 FY 2008 Org 0612
Unclassified099$444,980
BRIM Premium91377,222
Total$522,202
174-West Virginia State Police-
Surplus Transfer Account
(WV Code Chapter 15)
Fund 6519 FY 2008 Org 0612
Unclassified (R)099$312,002
BRIM Premium91354,063
Total$366,065
Any unexpended balances remaining in the appropriations for Helicopter Purchase (fund 6519,
activity 063) and Unclassified (fund 6519, activity 099) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
175-West Virginia State Police-
Central Abuse Registry Fund
(WV Code Chapter 15)
Fund 6527 FY 2008 Org 0612
Unclassified099$232,492
BRIM Premium91318,524
Total$251,016
176-West Virginia State Police-
Bail Bond Enforcer Fund
(WV Code Chapter 15)
Fund 6532 FY 2008 Org 0612
Unclassified-Total096$3,308
177-Division of Veterans' Affairs-
Veterans' Facilities Support Fund
(WV Code Chapter 9A)
Fund 6703 FY 2008 Org 0613
Unclassified-Total096$900,000
178-Regional Jail and Correctional
Facility Authority
(WV Code Chapter 31)
Fund 6675 FY 2008 Org 0615
Personal Services001$1,274,941
Annual Increment00417,600
Employee Benefits010418,337
Debt Service0409,000,000
Unclassified099545,235
Total$11,256,113
179-Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 6754 FY 2008 Org 0618
Unclassified-Total096$466,000
180-Fire Commission-
Fire Marshal Fees
(WV Code Chapter 29)
Fund 6152 FY 2008 Org 0619
Personal Services001$1,928,950
Annual Increment00425,000
Employee Benefits010677,799
Unclassified099460,062
BRIM Premium91358,013
Total$3,149,824
Any unexpended cash balance remaining in fund 6152 at the close of the fiscal year 2007 is
hereby available for expenditure as part of the fiscal year 2008 appropriation.
181-Division of Criminal Justice Services-
WV Community Corrections Fund
(WV Code Chapter 62)
Fund 6386 FY 2008 Org 0620
Unclassified-Total096$2,002,425
182-Criminal Justice Services-
Court Security Fund
(WV Code Chapter 51)
Fund 6804 FY 2008 Org 0620
Unclassified-Total096$1,550,000
DEPARTMENT OF REVENUE
183-Division of Banking
(WV Code Chapter 31A)
Fund 3041 FY 2008 Org 0303
Personal Services001$1,756,100
Annual Increment00416,500
Employee Benefits010531,806
Unclassified099558,940
Total$2,863,346
184-Tax Division-
Cemetery Company Account
(WV Code Chapter 35)
Fund 7071 FY 2008 Org 0702
Personal Services001$17,274
Annual Increment004225
Employee Benefits0105,845
Unclassified0997,772
Total$31,116
185-Tax Division-
Special Audit and Investigative Unit
(WV Code Chapter 11)
Fund 7073 FY 2008 Org 0702
Personal Services001$857,754
Annual Increment00418,600
Employee Benefits010323,783
Unclassified099229,847
Total$1,429,984
186-Tax Division-
Special District Excise Tax Administration Fund
(WV Code Chapter 11)
Fund 7086 FY 2008 Org 0702
Unclassified-Total096$50,000
187-State Budget Office-
Public Employees Insurance Reserve Fund
(WV Code Chapter 11B)
Fund 7400 FY 2008 Org 0703
Public Employees Insurance Reserve
Fund-Transfer903$6,500,000
The above appropriation for Public Employees Insurance Reserve Fund-Transfer shall be
transferred to the Medical Services Trust Fund (fund 5185, org 0511) for expenditure.
188-Insurance Commissioner-
Examination Revolving Fund
(WV Code Chapter 33)
Fund 7150 FY 2008 Org 0704
Personal Services001$566,230
Annual Increment0043,900
Employee Benefits010158,435
Unclassified099486,389
Total$1,214,954
189-Insurance Commissioner-
Consumer Advocate
(WV Code Chapter 33)
Fund 7151 FY 2008 Org 0704
Personal Services001$459,528
Annual Increment0043,850
Employee Benefits010145,898
Unclassified099157,792
Total$767,068
190-Insurance Commissioner
(WV Code Chapter 33)
Fund 7152 FY 2008 Org 0704
Personal Services (R)001$17,600,000
Annual Increment (R)004246,582
Employee Benefits (R)0106,808,130
Unclassified (R)09911,665,259
Total$36,319,971
Any unexpended balances remaining in the appropriations at the close of the fiscal year 2007
are hereby reappropriated for expenditure during the fiscal year 2008.
The total amount of this appropriation shall be paid from a special revenue fund out of
collections of fees and charges as provided by law.
191-Insurance Commissioner-
Workers' Compensation Old Fund
(WV Code Chapter 23)
Fund 7162 FY 2008 Org 0704
Unclassified-Total096$550,000,000
192-Insurance Commissioner-
Workers' Compensation Uninsured Employers' Fund
(WV Code Chapter 23)
Fund 7163 FY 2008 Org 0704
Unclassified-Total096$27,000,000
193-Insurance Commissioner-
Self-Insured Employer Guaranty Risk Pool
(WV Code Chapter 23)
Fund 7164 FY 2008 Org 0704
Unclassified-Total096$5,000,000
194-Insurance Commissioner-
Self-Insured Employer Security Risk Pool
(WV Code Chapter 23)
Fund 7165 FY 2008 Org 0704
Unclassified-Total096$10,000,000
195-Insurance Commissioner-
Private Carrier Guaranty Fund
(WV Code Chapter 23)
Fund 7166 FY 2008 Org 0704
Unclassified-Total096$1,000,000
196-Insurance Commissioner-
Assigned Risk Fund
(WV Code Chapter 23)
Fund 7167 FY 2008 Org 0704
Unclassified-Total096$1,000,000
197-Lottery Commission-
Revenue Center Construction Fund
(WV Code Chapter 29)
Fund 7209 FY 2008 Org 0705
Unclassified-Total096$20,000,000
198-Municipal Bond Commission
(WV Code Chapter 13)
Fund 7253 FY 2008 Org 0706
Personal Services001$164,862
Annual Increment0044,300
Employee Benefits01065,156
Unclassified09976,101
Total$310,419
199-Racing Commission-
Relief Fund
(WV Code Chapter 19)
Fund 7300 FY 2008 Org 0707
Medical Expenses-Total245$57,000
The total amount of this appropriation shall be paid from the special revenue fund out of
collections of license fees and fines as provided by law.
No expenditures shall be made from this account except for hospitalization, medical care and/or
funeral expenses for persons contributing to this fund.
200-Racing Commission-
Administration and Promotion
(WV Code Chapter 19)
Fund 7304 FY 2008 Org 0707
Personal Services001$118,244
Annual Increment0041,000
Employee Benefits01032,034
Unclassified09982,161
Total$233,439
201-Racing Commission-
General Administration
(WV Code Chapter 19)
Fund 7305 FY 2008 Org 0707
Personal Services001$2,048,800
Annual Increment00420,250
Employee Benefits010494,228
Unclassified099380,728
Total$2,944,006
202-Racing Commission-
Administration, Promotion and Education Fund
(WV Code Chapter 19)
Fund 7307 FY 2008 Org 0707
Unclassified-Total096$250,000
203-Alcohol Beverage Control Administration-
Wine License Special Fund
(WV Code Chapter 60)
Fund 7351 FY 2008 Org 0708
Personal Services001$231,468
Annual Increment0044,300
Employee Benefits01096,476
Unclassified099113,069
Total$445,313
To the extent permitted by law, four classified exempt positions shall be provided from Personal
Services line item for field auditors.
204-Alcohol Beverage Control Administration
(WV Code Chapter 60)
Fund 7352 FY 2008 Org 0708
Personal Services001$3,783,914
Annual Increment00479,000
Employee Benefits0101,654,264
Unclassified (R)0992,307,048
Total$7,824,226
Any unexpended balance remaining in the appropriation for Unclassified (fund 7352, activity
099) at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal
year 2008.
From the above appropriation an amount shall be used for the Tobacco/Alcohol Education
Program.
The total amount of this appropriation shall be paid from a special revenue fund out of liquor revenues.
The above appropriation includes the salary of the commissioner and the salaries, expenses and
equipment of administrative offices, warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to the above appropriation, the
necessary amount for the purchase of liquor as provided by law.
DEPARTMENT OF TRANSPORTATION
205-Division of Motor Vehicles-
Motor Vehicle Fees Fund
(WV Code Chapter 17B)
Fund 8223 FY 2008 Org 0802
Unclassified-Total096$3,832,444
206-Division of Motor Vehicles-
Dealer Recovery Fund
(WV Code Chapter 17)
Fund 8220 FY 2008 Org 0802
Unclassified-Total096$189,000
207-Division of Highways-
A. James Manchin Fund
(WV Code Chapter 17)
Fund 8319 FY 2008 Org 0803
Unclassified-Total096$3,320,000
HIGHER EDUCATION
208-Higher Education Policy Commission-
System-
Registration Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4902 FY 2008 Org 0442
Debt Service (R)040$4,822,241
General Capital Expenditures (R)306500,000
Total$5,322,241
Any unexpended balances remaining in the appropriations at the close of fiscal year 2007 are
hereby reappropriated for expenditure during the fiscal year 2008, except for fund 4902, activity 306
(fiscal year 2004) which shall expire on June 30, 2007.
The total amount of this appropriation shall be paid from the special capital improvements fund
created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash
basis and made available on July 1.
The above appropriations, except for debt service, may be transferred to special revenue funds
for capital improvement projects at the institutions.
209-Higher Education Policy Commission-
System-
Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4903 FY 2008 Org 0442
Debt Service (R)040$23,600,143
General Capital Expenditures (R)3063,000,000
Facilities Planning
and Administration (R)386394,139
Total$26,994,282
Any unexpended balances remaining in the appropriations at the close of fiscal year 2007 are
hereby reappropriated for expenditure during the fiscal year 2008, except for fund 4903, activity 040
(fiscal year 2006), and fund 4903, activity 537 (fiscal year 2000) which shall expire on June 30,
2007.
The total amount of this appropriation shall be paid from the special capital improvement fund
created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash
basis and made available on July 1.
The above appropriations, except for debt service, may be transferred to special revenue funds
for capital improvement projects at the institutions.
210-Higher Education Policy Commission-
1977 State System Registration Fee Refund Revenue Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4905 FY 2008 Org 0442
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2007 is
hereby reappropriated for expenditure during the fiscal year 2008.
The appropriation shall be paid from available unexpended cash balances and interest earnings
accruing to the fund. The appropriation shall be expended at the discretion of the Higher Education
Policy Commission and the funds may be allocated to any institution within the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of revenue
bonds previously issued pursuant to section eight, article ten, chapter eighteen-b of the code, which
have since been refunded.
211-Higher Education Policy Commission-
Tuition Fee Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4906 FY 2008 Org 0442
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
The appropriation shall be paid from available unexpended cash balances and interest earnings
accruing to the fund. The appropriation shall be expended at the discretion of the Higher Education
Policy Commission and the funds may be allocated to any institution within the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of revenue
bonds previously issued pursuant to section eight, article twelve-b, chapter eighteen of the code,
which have since been refunded.
212-Health Sciences-
West Virginia University Health Sciences Center
(WV Code Chapters 18 and 18B)
Fund 4179 FY 2008 Org 0463
Unclassified-Total (R)096$15,479,774
Any unexpended balance remaining in the appropriation at the close of fiscal year 2007 is
hereby reappropriated for expenditure during the fiscal year 2008.
MISCELLANEOUS BOARDS AND COMMISSIONS
213-Hospital Finance Authority
(WV Code Chapter 16)
Fund 5475 FY 2008 Org 0509
Personal Services001$46,024
Annual Increment004850
Employee Benefits01018,068
Unclassified.09930,622
Total$95,564
The total amount of this appropriation shall be paid from the special revenue fund out of fees
and collections as provided by article twenty-nine-a, chapter sixteen of the code.
214-WV State Board of Examiners for Licensed Practical Nurses
(WV Code Chapter 30)
Fund 8517 FY 2008 Org 0906
Unclassified-Total096$367,344
215-WV Board of Examiners for Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2008 Org 0907
Unclassified-Total096$895,792
216-Public Service Commission
(WV Code Chapter 24)
Fund 8623 FY 2008 Org 0926
Personal Services001$8,063,255
Annual Increment004130,000
Employee Benefits0102,712,790
Unclassified0992,810,395
PSC Weight Enforcement3454,200,000
Debt Payment/Capital Outlay520350,000
BRIM Premium913128,000
Total$18,394,440
The total amount of this appropriation shall be paid from a special revenue fund out of
collection for special license fees from public service corporations as provided by law.
The Public Service Commission is authorized to spend up to $500,000, from surplus funds in
this account, to meet the expected deficiencies in the Motor Carrier Division account due to passage
of enrolled house bill no. 2715, regular session, 1998.
217-Public Service Commission-
Gas Pipeline Division-
Public Service Commission Pipeline Safety Fund
(WV Code Chapter 24B)
Fund 8624 FY 2008 Org 0926
Personal Services001$155,617
Annual Increment0045,556
Employee Benefits01053,265
Unclassified09985,946
Total$300,384
The total amount of this appropriation shall be paid from a special revenue fund out of receipts
collected for or by the public service commission pursuant to and in the exercise of regulatory
authority over pipeline companies as provided by law.
218-Public Service Commission-
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8625 FY 2008 Org 0926
Personal Services001$1,614,046
Annual Increment00440,000
Employee Benefits010548,622
Unclassified099579,790
Total$2,782,458
The total amount of this appropriation shall be paid from a special revenue fund out of receipts
collected for or by the public service commission pursuant to and in the exercise of regulatory
authority over motor carriers as provided by law.
219-Public Service Commission-
Consumer Advocate
(WV Code Chapter 24)
Fund 8627 FY 2008 Org 0926
Personal Services001$511,877
Annual Increment0046,700
Employee Benefits010161,070
Unclassified099264,911
BRIM Premium9133,978
Total$948,536
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the public service commission.
220-Real Estate Commission
(WV Code Chapter 30)
Fund 8635 FY 2008 Org 0927
Personal Services001$364,715
Annual Increment0047,100
Employee Benefits010122,377
Unclassified099236,486
Total$730,678
The total amount of this appropriation shall be paid out of collections of license fees as provided
by law.
221-WV Board of Examiners for Speech-Language
Pathology and Audiology
(WV Code Chapter 30)
Fund 8646 FY 2008 Org 0930
Unclassified-Total096$91,939
222-WV Board of Respiratory Care
(WV Code Chapter 30)
Fund 8676 FY 2008 Org 0935
Unclassified-Total096$107,111
223-WV Board of Licensed Dietitians
(WV Code Chapter 30)
Fund 8680 FY 2008 Org 0936
Unclassified-Total096$18,900
224-Massage Therapy Licensure Board
(WV Code Chapter 30)
Fund 8671 FY 2008 Org 0938
Unclassified-Total096$91,861
225-Board of Treasury Investments
(WV Code Chapter 12)
Fund 9152 FY 2008 Org 0950
Unclassified-Total096$1,146,655
There is hereby appropriated from this fund, in addition to the above appropriation, the amount
of funds necessary for the Board of Treasury Investments to pay the fees and expenses of custodians,
fund advisors and fund managers for the Consolidated fund of the State as provided in Chapter 12,
Article 6C of the West Virginia Code.
The total amount of the appropriation shall be paid from the special revenue fund out of fees
and collections as provided by law.
Total TITLE II, Section 3-Other Funds$1,290,895,376
Sec. 4. Appropriations from lottery net profits.-Net profits of the lottery are to be deposited
by the director of the lottery to the following accounts in the amounts indicated. The director of the
lottery shall prorate each deposit of net profits in the proportion the appropriation for each account
bears to the total of the appropriations for all accounts.
After first satisfying the requirements for Fund 2252 and Fund 3963 pursuant to section
eighteen, article twenty-two, chapter twenty-nine of the code, the director of the lottery shall make available from the remaining net profits of the lottery any amounts needed to pay debt service for
which an appropriation is made for Fund 3167 and Fund 4297, and is authorized to transfer any such
amounts to Fund 3167 and Fund 4297 for that purpose. Upon receipt of reimbursement of amounts
so transferred, the director of the lottery shall deposit the reimbursement amounts to the following
accounts as required by this section.
226-Education, Arts, Sciences and Tourism-
Debt Service Fund
(WV Code Chapter 5)
Fund 2252 FY 2008 Org 0211
Lottery
ActivityFunds
Debt Service-Total310$10,000,000
227-West Virginia Development Office-
Division of Tourism
(WV Code Chapter 5B)
Fund 3067 FY 2008 Org 0304
Tourism-Telemarketing Center463$90,000
WV Film Office498353,415
Tourism-Advertising (R)6183,155,715
Tourism-Unclassified (R)6624,268,674
Total$7,867,804
Any unexpended balances remaining in the appropriations for Capitol Complex-Capital Outlay
(fund 3067, activity 417), Tourism-Advertising (fund 3067, activity 618), Tourism-Unclassified
(fund 3067, activity 662), Tourism-Unclassified-Lottery Surplus (fund 3067, activity 773), and
Tourism-Special Projects (fund 3067, activity 859) at the close of the fiscal year 2007 are hereby
reappropriated for expenditure during the fiscal year 2008.
228-Division of Natural Resources
(WV Code Chapter 20)
Fund 3267 FY 2008 Org 0310
Gypsy Moth Suppression
Program for State Parks (R)017$42,997
Unclassified (R)0992,199,770
Pricketts Fort State Park324120,000
Non-Game Wildlife (R)527427,249
State Parks and
Recreation Advertising (R)619588,206
Total$3,378,222
Any unexpended balances remaining in the appropriations for Gypsy Moth Suppression
Program for State Parks (fund 3267, activity 017), Unclassified (fund 3267, activity 099), Capital
Outlay-Parks (fund 326, activity 288), Non-Game Wildlife (fund 3267, activity 527), State Parks and
Recreation Advertising (fund 3267, activity 619), West Virginia Stream Partners Program (fund
3267, activity 637), and State Parks-Special Projects (fund 3267, activity 860) at the close of the
fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
229-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 3951 FY 2008 Org 0402
Unclassified099$4,000,000
Technology Infrastructure Network (R)35120,588,658
READS Program365300,000
MATH Program368400,000
FBI Checks372105,638
Vocational Education
Equipment Replacement393819,750
Assessment Program (R)3966,438,568
Total$32,652,614
Any unexpended balances remaining in the appropriations for Technology Infrastructure
Network (fund 3951, activity 351), Assessment Program (fund 3951, activity 396), Technology
Demonstration Project (fund 3951, activity 639), and Computer Study (fund 3951, activity 998) at
the close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year
2008.
The above appropriation for Technology Infrastructure Network
shall be expended on the following programs and technology: Computer Basic Skills,
S.U.C.C.E.S.S., WVEIS, Technology Repair and Modernization, Technology and
Telecommunications Initiative and other programs in the field that will benefit the Counties.
230-State Department of Education-
School Building Authority-
Debt Service Fund
(WV Code Chapter 18)
Fund 3963 FY 2008 Org 0402
Debt Service-Total310$18,000,000
231-Department of Education and the Arts-
Office of the Secretary-
Control Account-
Lottery Education Fund
(WV Code Chapter 5F)
Fund 3508 FY 2008 Org 0431
Unclassified (R)099$120,000
WV Humanities Council168400,000
Commission for National and
Community Service193410,050
Arts Programs (R)50080,000
College Readiness (R)579200,450
Challenger Learning Center86260,000
Statewide STEM 21st Century Academy89780,000
Literacy Project (R)89950,000
Special Olympic Games96625,000
Total$1,425,500
Any unexpended balances remaining in the appropriations for Unclassified (fund 3508, activity
099), Arts Programs (fund 3508, activity 500), College Readiness (fund 3508, activity 579), and
Literacy Project (fund 3508, activity 899) at the close of fiscal year 2007 are hereby reappropriated
for expenditure during the fiscal year 2008.
232-Division of Culture and History-
Lottery Education Fund
(WV Code Chapter 29)
Fund 3534 FY 2008 Org 0432
Huntington Symphony027$100,000
Martin Luther King, Jr.
Holiday Celebration03110,800
Fairs and Festivals1222,550,000
Archeological Curation/Capital
Improvements (R)24650,344
Historic Preservation Grants (R)311450,900
West Virginia Public Theater312200,000
Tri-County Fair Association343125,000
George Tyler Moore Center for the
Study of the Civil War39760,000
Theater Arts of West Virginia464400,000
Marshall Artists Series51860,000
Grants for Competitive Arts Program (R)624810,000
West Virginia State Fair65750,000
Contemporary American Theater Festival811100,000
Independence Hall81250,000
Mountain State Forest Festival86470,000
WV Symphony907100,000
Wheeling Symphony908100,000
Appalachian Children's Chorus916100,000
Total$5,287,144
Any unexpended balances remaining in the appropriations for Archeological Curation/Capital
Improvements (fund 3534, activity 246), Historic Preservation Grants (fund 3534, activity 311),
Capital Outlay, Repairs and Equipment (fund 3534, activity 589), Grants for Competitive Arts
Program (fund 3534, activity 624), and Project ACCESS (fund 3534, activity 865) at the close of the
fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
Any Fairs & Festival awards shall be funded in addition to, and not in lieu of, individual grant
allocations derived from the Arts Council and the Cultural Grant Program allocations.
Included in the above appropriation for Fairs and Festivals (fund 3534, activity 122) funding
shall be provided to the African-American Cultural Heritage Festival 5,000, African-American
Heritage Family Tree Museum 4,500, African-American Jublilee (Ohio) 5,500, Alderson 4th of July
Celebration (Greenbrier) 3,000, Allegheny Echo (Pocahontas) 7,500, Alpine Festival/Leaf Peepers
Festival (Tucker) 11,250, American Legion Post 8, Veterans Day Parade 2,000, Angus Beef and
Cattle Show (Lewis) 1,500, Annual Labor Day Observance (Randolph) 2,000, Annual Law
Enforcement Day (Lewis) 2,000, Apollo Theater - Summer Program (Berkeley) 2,000, Appalachian Autumn Festival (Braxton) 3,500, Appalachian Mountain Bike Race (Calhoun) 1,500, Apple Butter
Festival (Morgan) 6,000, Aracoma Story (Logan) 50,000, Arkansaw Homemaker's Heritage
Weekend (Hardy) 3,500, Armed Forces Day-South Charleston 3,000, Arthurdale Heritage New Deal
Festival (Preston) 5,000, Arts Monongahela (Monongalia) 20,000, Athens Town Fair (Mercer)
2,000, Augusta Fair (Randolph) 5,000, Barbour County Arts & Humanities Council 1,500, Barbour
County Fair 10,000, Barboursville Octoberfest (Cabell) 5,000, Bass Festival (Pleasants) 1,850,
Battelle District Fair (Monongalia) 5,000, Battle of Dry Creek (Greenbrier) 1,500, Battle of Point
Pleasant Memorial Committee 5,000, Beckley Main Street (Raleigh) 5,000, Belington VFD
Community Fair (Barbour) 1,750, Belle Boyd House (Berkeley) 2,000, Belle Town Fair (Kanawha)
4,500, Bergoo Down Home Days (Webster) 2,500, Berkeley County Youth Fair 3,500, Birch River
Days Festival (Nicholas) 2,000, Black Bear 40K Mountain Bike Race 1,000, Black Heritage Festival
(Harrison) 4,000, Black Walnut Festival (Roane) 10,000, Blue-Gray Reunion (Barbour) 3,500,
Boone County Fair 6,500, Boone County Labor Day Celebration 4,000, Bradshaw Fall Festival
(McDowell) 2,000, Bramwell Street Fair (Mercer) 1,500, Braxton County Arts and Crafts Fair 500,
Braxton County Fairs and Festivals Association 10,000, Braxton County Homecoming 500, Brooke
County Fair 2,500, Bruceton Mills Good Neighbor Days (Preston) 2,000, Buckwheat Festival
(Preston) 8,500, Buffalo 4th of July Celebration (Putnam) 500, Buffalo Creek Memorial (Logan)
5,000, Burlington Apple Harvest Festival (Mineral) 30,000, Cabell County Fair 10,000, Cabwaylingo
Forest Foundation (Wayne) 1,500, Calhoun County Wood Festival 2,000, Cape Coalwood Festival
Association (McDowell) 2,500, Capon Bridge Annual VFD Celebration (Hampshire) 1,000, Capon
Springs Ruritan 4th of July (Hampshire) 1,000, Carnegie Hall, Inc. (Greenbrier) 70,000, Cass
Homecoming (Pocahontas) 2,000, Cedarville Town Festival (Braxton) 500, Celebration in the Park
(Wood) 4,000, Celebration of America (Monongalia) 6,000, Ceredo Historical Society (Wayne)
2,000, Ceredo Landmark Commission (Wayne) 1,500, Ceredo-Kenova Railroad Museum (Wayne)
2,000, Chapmanville Apple Butter Festival (Logan) 1,000, Chapmanville Fire Department 4th of
July 3,000, Charles Town Christmas Festival 5,000, Charles Town Heritage Festival 5,000, Charles Town Summer Sampler (Jefferson) 1,000, Charleston Area Alliance River Lights Project (Kanawha)
10,000, Charleston Sternwheel Regatta 20,000, Cherry River Festival (Nicholas) 6,500, Chester
Fireworks (Hancock) 1,500, Chief Logan State Park-Civil War Celebration 8,000, Christmas in
Shepherdstown (Jefferson) 4,000, Christmas in the Park (Logan) 25,000, City of of Chester 100th
Anniversary Celebration 5,000, City of Dunbar Critter Dinner 10,000, City of Pleasant Valley
Celebration (Marion) 2,500, Civil War Horse Cavalry Race (Barbour) 1,000, Clay Co. Agriculture
Youth Fair 1,500, Clay County Golden Delicious Festival 5,000, Coal Field Jamboree (Logan)
35,000, Coalton Days Fair (Randolph) 7,000, Collis P. Huntington Railroad Historical Society
10,000, Country Music Hall Fame (Kanawha) 3,000, Country Roads Festival (Fayette) 2,000, Cowen
Railroad Festival (Webster) 3,500, Craigsville Fall Festival 3,500, Cross Lanes Annual Festival
(Kanwaha) 8,000, Delbarton Homecoming (Mingo) 2,000, Doddridge County Fair 5,200, Dunlow
Fall Festival 2,000, Durbin Days (Pocahontas) 5,000, Elbert/Filbert Reunion Festival (McDowell)
1,500, Elizabethtown Festival (Marshall) 4,000, Ellenboro Glass Festival (Ritchie) 3,000, Fairview
4th of July Celebration (Marion) 1,000, Farm Safety Day (Preston) 2,000, Fayette American Legion
4th of July 1,000, Fellowsville Firemen's Festival (Preston) 1,000, FestivALL Charleston 20,000,
First Stage Children's Theater Company (Cabell) 1,000, Flanagan Murrell House (Summers) 10,000,
Flatwood Days (Braxton) 1,000, Flemington Day Fair and Festival (Taylor) 3,500, Follansbee
Community Days (Brooke) 7,250, Fort Ashby Fort (Mineral) 1,500, Fort Gay Mountain Heritage
Days (Wayne) 5,000, Fort New Salem (Harrison) 3,700, Fort Randolph (Mason) 5,000, Frankford
Autumnfest (Greenbrier) 3,000, Franklin Fishing Derby (Greenbrier) 7,500, Friends Auxiliary of
W.R. Sharpe Hospital 5,000, Frontier Fest/Canaan Valley (Taylor County) 5,000, Fund for the Arts-
Wine & All that Jazz Festival 2,500, Gassaway Days Celebration (Braxton) 5,000, General Adam
Stephen Memorial Foundation 18,525, Gilbert Kiwanis Harvest Festival 2,000, Gilbert Spring Fling
(Mingo) 3,000, Gilmer County Farm Show 3,500, Grafton Mother's Day Shrine Committee (Taylor)
7,500, Grafton Railroad Festival (Taylor) 1,000, Grant County Arts Council 2,000, Grape Stomping
Wine Festival (Nicholas) 2,000, Greater Quinwood Days (Greenbrier) 2,000, Green Spring Days (Hampshire) 1,000, Greenbrier Valley Theater 50,000, Guyandotte Civil War Days (Cabell) 10,000,
Hamlin 4th of July Celebration (Lincoln) 3,500, Hampshire Civil War Celebration Days 1,000,
Hampshire County Fair 6,000, Hampshire County French & Indian War Celebration 1,000,
Hampshire Herbs & Arts Festival 1,000, Hampshire Heritage Days 3,000, Hardy County
Commission - 4th of July 10,000, Hardy County Tour and Crafts Association 20,000, Harts
Community Celebration (Lincoln) 1,000, Hatfield McCoy Trail National ATV and Dirt Bike
Weekend (Mingo) 5,000, Heritage Craft Center of the Eastern Panhandle 7,000, Heritage Craft
Festival (Monroe) 1,000, Heritage Days Festival(Roane) 1,500, Hicks Festival (Tucker) 2,000,
Hilltop Festival (Huntington) 500, Hinton Railroad Days (Summers) 5,500, Historic Fayette Theater
(Fayette) 5,500, Historic Middleway Conservancy (Jefferson) 1,000, Holly River Festival (Webster)
1,500, Hundred 4th of July (Wetzel) 7,250, Hundred American Legion Earl Kiger Post Bluegrass
Festival (Wetzel) 2,000, Huntington Outdoor Theater (Cabell) 1,000, Huntington Youth and Music
Project 5,000, Iaeger Lions Club Annual Golf Show (McDowell) 1,500, Iaeger Town Fair
(McDowell) 1,500, Indian Mound Cemetery (Hampshire) 2,000, International Ramp Cook-Off
(Randolph) 2,000, Irish Heritage Festival of WV (Raleigh) 5,000, Irish Spring Festival (Lewis)
1,000, Italian Heritage Festival - Clarksburg 25,000, Jacksonburg Homecoming (Wetzel) 1,000, Jane
Lew Arts and Crafts Fair (Lewis) 1,000, Jefferson Co. Black History Preservation Society 5,000,
Jefferson Co. Historical Landmark Commission 8,000, Jefferson County African American Heritage
Festival 5,000, Jefferson County Fair Association 25,000, Jersey Mountain Ruritan Pioneer Days
(Hampshire) 1,000, John Henry Days Festival (Monroe) 5,000, Johnstown Community Fair
(Harrison) 2,500, Junior Heifer Preview Show (Lewis) 2,000, Kanawha Coal Riverfest - St. Albans
July 5,000, Kay Ford Reunion (Kanawha) 2,500, Kenova Fall Festival (Wayne) 5,000, Kermit Fall
Festival (Mingo) 3,000, Keyser Old Fashioned 4th of July Celebration 1,000, King Coal Festival
(Mingo) 4,000, Kingwood Downtown Street Fair and Heritage Days 2,000, Lady of Agriculture
(Preston) 1,000, Lamb and Steer Show 9,000, Larry Joe Harless Center Hatfield McCoy Trail
Octoberfest (Mingo) 5,000, Last Blast of Summer (McDowell) 5,000, Laurel Mt. Re-enactment Committee (Barbour) 3,250, Levels VFD Lawn Association (Hampshire) 1,000, Lewis County Fair
Association 3,500, Lewisburg Shanghai (Greenbrier) 2,000, Lincoln County Fall Festival 6,000,
Lincoln County Winterfest 5,000, Lincoln District Fair (Marion) 2,500, Lindside 4th of July
(Monroe) 500, Little Birch Days Celebration (Braxton) 500, Little Levels Heritage Festival 2,000,
Logan County Arts and Crafts Fair 4,000, Lost Creek Community Festival 6,000, Maddie Carroll
House (Cabell) 7,500, Mannington District Fair (Marion) 6,000, Maple Syrup Festival (Randolph)
1,000, Marion County FFA Farm Fest 2,500, Marmet Annual Labor Day Celebration (Kanawha)
2,000 2,000, Marshall County Antique Power Show 2,500, Marshall County Fair 7,500, Marshall
County Historical Society 8,500, Marshall County Riverfront Festival 2,500, Mason County Fair
5,000, Mason Dixon Festival (Monongalia) 7,000, Matewan-Magnolia Fair (Mingo) 10,000,
McARTS-McDowell County 20,000, McCoy Theater (Hardy) 20,000, McDowell County Fair 2,500,
McGrew House History Day 2,000, McNeill's Rangers (Mineral) 8,000, Meadow Bridge Hometown
Festival (Fayette) 1,250, Meadow River Days Festival 3,000, Mercer Bluestone Valley Fair 2,000,
Mercer County Fair 2,000, Mineral County Fair 1,750, Mineral County Veterans Day Parade 1,500,
Molasses Festival (Calhoun) 2,000, Moncove Lake Festival (Monroe) 2,000, Monroe County
Farmer's Day - Union 2,000, Monroe County Harvest Festival 2,000, Morgantown Theater Company
20,000, Mothers' Day Festival (Randolph) 2,500, Moundsville Bass Festival 4,000, Moundsville
July 4th Celebration (Marshall) 5,000, Mount Liberty Fall Festival (Barbour) 2,500, Mountain
Festival (Mercer) 4,625, Mountain Heritage Arts and Crafts Festival (Jefferson) 5,000, Mountain
Music Festival 2,500, Mountain State Apple Harvest Festival (Berkeley) 7,500, Mountain State Arts
Crafts Fair Cedar Lakes (Jackson) 5,000, Mountaineer Boys' State (Lewis) 10,000, Mountaineer Hot
Air Balloon Festival 4,000, Mud River Festival (Lincoln) 8,000, Mullens Dogwood Festival
(Wyoming) 6,000, Multi-Cultural Festival of West Virginia 20,000, Museum in the Community
(Putnam) 45,000, Music Hall of Fame (Marion) 5,000, New River Bridge Day Festival (Fayette)
35,000, Newburg Volunteer Fireman's Field Day (Preston) 1,000, Newell Annual Clay Festival
(Hancock) 3,000, Nicholas County Potato Festival 3,500, Nicholas Old Main Foundation (Nicholas) 2,000, Norman Dillon Farm Museum (Berkeley) 10,000, North Preston Farmers Club - Civil War
Times 1,000, North River Valley Festival (Hampshire) 1,000, Northern Preston Mule Pull and
Farmers Days 4,000, Oak Leaf Festival (Fayette) 4,000, Oceana Heritage Festival (Wyoming) 6,000,
Oglebay City Park - Festival of Lights (Ohio) 75,000, Oglebay Festival (Ohio) 5,000, Ohio County
Fair 8,500, Ohio Valley Beef Asociation (Wood) 2,500, Old Central City Fair (Huntington) 5,000,
Old Opera House Theater Company (Jefferson) 15,000, Old Tyme Christmas (Jefferson) 2,400,
Paden City Labor Day Festival (Wetzel) 6,500, Panther Fall Festival (McDowell) 4,000, Parkersburg
Arts Center 20,000, Parkersburg Homecoming (Wood) 12,000, Patty Fest 2,000, Paw Paw District
Fair (Marion) 3,500, Pax Reunion Committee (Fayette) 5,000, Pendleton County 4-H Weekend
2,000, Pendleton County Committee for Arts 15,000, Pendleton County Fair 25,000, Pennsboro
Country Road Festival 2,000, Petersburg Fourth of July Celebration 20,000, Petersburg HS
Celebration 10,000, Peterstown 4th of July Horse Show (Grant) 1,000, Piedmont-Annual Back Street
Festival 4,000, Pinch Reunion (Kanawha) 1,500, Pine Bluff Fall Festival 4,000, Pine Grove 4th of
July Festival (Wetzel) 5,000, Pineville Festival (Wyoming) 6,000, Pleasants County Agriculture
Youth Fair 5,000, Poca Heritage Days (Putnam) 3,000, Pocahontas County Pioneer Days 7,000,
Pocahontas Historic Opera House 6,000, Point Pleasant Artist Series 5,000, Point Pleasant Stern
wheel Regatta River 5,000, Potomac Highlands Maple Festival (Grant) 6,000, Princeton Street Fair
(Mercer) 5,000, Putnam County Fair 5,000, Quartets on Parade(Wardensville) 4,000, Rainelle Fall
Festival 3,000, Raleigh County All Wars Museum 10,000, Randolph County Community Arts
Council 3,000, Ranson Christmas Festival 5,000, Ranson Festival 5,000, Ravenswood Octoberfest
5,000, Reedsville VFD Fair (Preston) 2,000, Renick Liberty Festival 1,000, Rhododendron Girls'
State (Ohio) 10,000, Riders of the Flood 3,000, Ripley 4th of July (Jackson) 15,000, Ritchie County
Fair and Exposition 2,000, Ritchie County Pioneer Days 1,000, Ritter Park Days (Cabell) 3,000,
River Heritage Days - Speed Boat Race (Wetzel) 5,000, River Heritage Days Festival (Wetzel)
6,000, Riverfest (Marion) 2,000, Roane Co. 4-H and FFA Youth Livestock Program 5,000, Roane
County Agriculture Field Day 3,000, Ronceverte River Festival (Greenbrier) 3,000, Rowlesburg Labor Day Festival (Preston) 1,000, Rupert Country Fling (Greenbrier) 3,000, Salem Apple Butter
Festival (Harrison) 4,000, Scottish Heritage Society/N.Central WV Central 5,000, Sistersville 4th
of July Fireworks(Wetzel) 5,500, Smoke on the Water (Kanawha) 2,000, Smoke on the Water
(Wetzel) 3,000, Soldiers' Memorial Theater (Raleigh) 10,000, Southern WV Veterans' Museum
(Summers) 4,500, Spring Fest (Pendleton) 2,500, Spring Mountain Festival (Grant) 4,000,
Springfield Peach Festival (Hampshire) 1,200, St. Albans City of Lights - December 5,000, Stoco
Reunion (Raleigh) 2,500, Stonewall Jackson Heritage Arts and Crafts 11,000, Storytelling Festival
(Lewis) 500, Strawberry Festival (Upshur) 20,000, Summer Fest of Panther (McDowell) 1,500,
Summers County Historic Landmark Commission 5,000, Sumner-Ramer Heritage, Inc (Berkeley)
3,000, Sylvester July 4th Celebration (Boone) 2,500, Taylor County Fair 2,500, Terra Alta VFD 4th
of July Celebration (Preston) 1,000, Those Who Served War Museum (Mercer) 4,000, Three Rivers
Avian Center (Summers) 15,000, Three Rivers Coal Festival (Marion) 7,750, Thunder on the Tygart
- Mothers' Day Celebration 15,000, Town of Delbarton 4th of July Celebration 3,000, Town of
Matoka - annual Hog Roast 1,000, Treasure Mountain Festival (Pendleton) 25,000, Tri-County Fair
(Grant) 15,000, Tucker County Arts Festival and Celebration 18,000, Tucker County Fair 4,750, Tug
Valley Arts Council (Mingo) 5,000, Tug Valley Chamber of Commerce Coal House (Mingo) 2,000,
Tunnelton Depot Days (Preston) 1,000, Tunnelton Fire Department Carnival (Preston) 750,
Tunnelton Historical Society (Preston) 2,000, Turkey Festival (Hardy) 3,000, Tyler County Fair
5,200, Tyler County Fourth of July 500, Uniquely West Virginia Festival (Morgan) 2,000, Upper
Ohio Valley Italian Festival (Ohio) 7,000, Upper West Fork Blue Grass Festival (Calhoun) 500,
Upshur County Fair 7,000, Valley District Fair- Reedsville (Preston) 3,500, Volcano Days at
Mountwood Park (Wood) 5,000, War Homecoming Fall Festival (McDowell) 1,500, Wardensville
Fall Festival 5,000, Wayne County Fair 5,000, Wayne County Fall Festival 5,000, Webb Chapel
Cemetery Association Event (Preston) 2,000, Webster County Woodchopping Festival 4,500,
Webster Wild Water Weekend 2,000, Weirton July 4th Celebration (Hancock) 3,000, Wellsburg 4th
of July Celebration (Brooke) 6,500, Wellsburg Apple Festival of Brooke County 5,000, West Virginia Autumn Festival (Burnsville) 2,500, West Virginia Blackberry Festival 5,000, West
Virginia Coal Festival (Boone) 7,000, West Virginia Dairy Cattle Show Jackson's Mill 10,000, West
Virginia Days - Hinton (Summers) 2,000, West Virginia Fair and Exposition (Wood) 8,100, West
Virginia Fireman's Rodeo (Fayette) 2,500, West Virginia Highland Games & Celtic Festival 3,000,
West Virginia Honey Festival (Wood) 2,000, West Virginia Museum of Glass (Lewis) 5,000, West
Virginia Oil and Gas Festival (Tyler) 11,000, West Virginia Polled Hereford Assoc. 1,500, West
Virginia Poultry Festival (Hardy) 5,000, West Virginia Pumpkin Festival(Cabell) 5,000, West
Virginia Roundhouse Rail Days (Berkeley) 25,000, West Virginia State Folk Festival 4,500, West
Virginia Water Festival - City of Hinton 16,000, West Virginia Wine & Jazz Festival (Monongalia)
9,000, West Virginia Wine and Arts Festival (Berkeley) 5,000, Weston Carp Festival & Fishing
Tournament 4,000, Weston VFD 4th of July Firemen Festival (Lewis) 2,000, Wetzel County
Autumnfest 5,500, Wetzel County Town and Country Days 17,000, Wheeling Celtic Festival (Ohio)
2,000, Wheeling City of Lights 8,000, Wheeling Sterwheel Regatta 10,000, Wheeling Vintage
Raceboat Regatta (Ohio) 20,000, Whipple Community Action (Fayette) 2,500, Whitesville - Big
Coal River Festival (Boone) 4,000, Widen Days Festival (Calhoun) 2,000, Wileyville Homecoming
(Wetzel) 4,000, Wine Festival and Mountain Music Event (Harrison) 5,000, Winter Festival of the
Waters (Berkeley) 5,000, Wirt County Fair 2,500, Wirt County Pioneer Days 2,000, WV Strawberry
Festival (horse pull) 2,500, YMCA Camp Horseshoe 100,000, Youth Museum of Southern WV
(Raleigh) 12,000, Youth Stockman Beef Expo. (Lewis) 2,000, and Z.D. Ramsdell House (Wayne)
4,500
233-Library Commission-
Lottery Education Fund
(WV Code Chapter 10)
Fund 3559 FY 2008 Org 0433
Books and Films179$500,000
Services to Libraries180500,000
Grants to Public Libraries1827,348,884
Digital Resources309219,992
Libraries-Special Projects625800,000
Infomine Network8841,152,984
Total$10,521,860
234-Bureau of Senior Services-
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2008 Org 0508
Personal Services001$133,029
Annual Increment0042,600
Employee Benefits01058,773
Unclassified099348,881
Local Programs Service Delivery Costs2002,475,250
Silver Haired Legislature20215,000
Area Agencies Administration 20378,685
Senior Citizen Centers and Programs (R) 4622,600,000
Transfer to Division of Human Services
for Health Care and Title XIX Waiver
for Senior Citizens53923,822,578
Roger Tompkins Alzheimers Respite Care6431,795,000
Regional Aged and Disabled
Resource Center7671,000,000
Senior Services Medicaid Transfer87110,300,000
Legislative Initiatives for the Elderly90410,000,000
Long Term Care Ombudsman905321,325
BRIM Premium9137,243
In-Home Services and Nutrition
for Senior Citizens9175,700,000
Total$58,658,364
Any unexpended balance remaining in the appropriation for Senior Citizen Centers and
Programs (fund 5405, activity 462) at the close of the fiscal year 2007 is hereby reappropriated for
expenditure during the fiscal year 2008.
The above appropriation for Transfer to Division of Human Services for Health Care and Title
XIX Waiver for Senior Citizens along with the federal moneys generated thereby shall be used for
reimbursement for services provided under the program. Further, the program shall be preserved
within the aggregate of these funds.
235-Higher Education Policy Commission-
Lottery Education-
Higher Education Policy Commission-
Control Account
(WV Code Chapters 18B and 18C)
Fund 4925 FY 2008 Org 0441
Marshall Medical School-
RHI Program and Site Support (R)033$444,678
WVU Health Sciences
RHI Program and Site Support (R)0351,215,640
RHI Program and Site Support-
District Consortia (R)0362,410,172
RHI Program and Site Support-
RHEP Program Administration (R)037183,058
RHI Program and Site Support-
Grad Med Ed and Fiscal Oversight (R)038100,287
Higher Education Grant Program (R)1647,318,791
Tuition Contract Program (R)1651,020,404
Minority Doctoral Fellowship (R)166150,000
Underwood-Smith Scholarship
Program-Student Awards (R)167141,142
School of Osteopathic Medicine (R)1720
Health Sciences Scholarship (R)176149,217
School of Osteopathic Medicine BRIM
Subsidy (R)403169,396
Rural Health Initiative-Medical Schools
Support (R)581463,862
Vice Chancellor for Health Sciences-
Rural Health Residency Program (R)601263,596
MA Public Health Program and
Health Science Technology (R)62358,569
Marshall University Graduate
College Writing Project (R)80725,000
HEAPS Grant Program (R)8675,001,133
WV Engineering, Science, and
Technology Scholarship Program (R)868470,473
Health Sciences Career
Opportunities Program (R)869367,000
HSTA Program (R)8701,034,711
Center for Excellence in Disabilities (R)967225,000
WV Autism Training Center
At Marshall1,045,597
Area Health Education Centers250,000
Total$22,507,726
Any unexpended balances remaining in the appropriations at the close of fiscal year 2007 are
hereby reappropriated for expenditure during the fiscal year 2008.
The above appropriation for Higher Education Grant Program (activity 164) shall be transferred
to the Higher Education Grant Fund (fund 4933, org 0441) established by chapter eighteen-c, article
five, section three.
The above appropriation for Underwood-Smith Scholarship Program-Student Awards (activity
167) shall be transferred to the Underwood-Smith Teacher Scholarship Fund (fund 4922, org 0441)
established by chapter eighteen-c, article four, section one.
The above appropriation for WV Engineering, Science, and Technology Scholarship Program
(activity 868) shall be transferred to the West Virginia Engineering, Science and Technology
Scholarship Fund (fund 4928, org 0441) established by chapter 18-c, article six, section one.
Total TITLE II, Section 4-Lottery Revenue$170,299,234
Sec. 5. Appropriations from state excess lottery revenue fund.- In accordance with section
eighteen-a, article twenty-two, chapter twenty nine of the code, the following appropriations shall
be deposited and disbursed by the director of the lottery to the following accounts in this section in
the amounts indicated.
236-Lottery Commission-
Refundable Credit
Fund 7207 FY 2008 Org 0705
Lottery
ActivityFunds
Unclassified-Total-Transfer402$8,600,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the General Revenue Fund to provide reimbursement for the refundable credit allowable under
chapter eleven, article twenty-one, section twenty-one of the code. The amount of the required
transfer shall be determined solely by the state tax commissioner and shall be completed by the
director of the lottery upon the commissioner's request.
237-Lottery Commission-
General Purpose Account
Fund 7206 FY 2008 Org 0705
Unclassified-Total-Transfer402$65,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to
the General Revenue Fund as determined by the director of the lottery.
238-Education Improvement Fund
Fund 4295 FY 2008 Org 0441
Unclassified-Total-Transfer402$27,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to
the PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article
seven, section seven.
The Legislature has explicitly set a finite amount of available appropriations and directed the
administrators of the Program to provide for the award of scholarships within the limits of available
appropriations.
239-Economic Development Authority-
Economic Development Project Fund
Fund 9065 FY 2008 Org 0944
Debt Service-Total310$19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-two, chapter twenty-nine of the
code, excess lottery revenues are authorized to be transferred to the lottery fund as reimbursement
of amounts transferred to the economic development project fund pursuant to section four of this title and subsection (f), section eighteen, article twenty-two, chapter twenty-nine of the code.
240-School Building Authority
Fund 3514 FY 2008 Org 0402
Unclassified-Total-Transfer402$19,000,000
241-West Virginia Infrastructure Council
Fund 3390 FY 2008 Org 0316
Unclassified-Total-Transfer402$40,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to
the West Virginia Infrastructure Fund (fund 3384, org 0316) created by chapter thirty-one, article
fifteen-a, section nine of the code.
242-Higher Education Improvement Fund
Fund 4297 FY 2008 Org 0441
Unclassified-Total096$10,000,000
243-State Park Improvement Fund
Fund 3277 FY 2008 Org 0310
Unclassified-Total (R)096$5,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2007 is
hereby reappropriated for expenditure during the fiscal year 2008.
244-Lottery Commission-
Excess Lottery Revenue Fund Surplus
Fund 7208 FY 2008 Org 0705
Capitol Complex-Capital Outlay417$20,000,000
Unclassified-Transfer48212,900,000
Total$32,900,000
The above appropriation for Unclassified-Transfer (activity 482) shall be transferred to the
General Revenue Fund only after all funding required by chapter twenty-nine, article twenty-two, section eighteen-a of the code has been satisfied as determined by the director of the lottery.
The above appropriation for Capitol Complex-Capital Outlay (fund 7208, activity 417) shall be
transferred to the Capitol Dome and Capital Improvements Fund (fund 2257) only after all funding
required by chapter twenty-nine, article twenty-two, section eighteen-a of the code and the transfer
to the General Revenue Fund (fund 7208, org 0705, activity 482) has been satisfied as determined
by the director of the lottery.
Should the actual revenues accruing to the total Excess Lottery Fund be insufficient to fully fund
all appropriations, the appropriation to the Capitol Complex-Capital Outlay (activity 417) shall be
reduced to the extent funds are available and the appropriation made in the reduced amount and
thereafter transferred to the Capitol Dome and Capital Improvement Fund (fund 2257).
245-Joint Expenses
(WV Code Chapter 4)
Fund 1736 FY 2008 Org 2300
Any unexpended balance remaining in the appropriation for Tax Reduction and Federal Funding
Increased Compliance (TRAFFIC)-Lottery Surplus (fund 1736, activity 929) at the close of the fiscal
year 2007 is hereby reappropriated for expenditure during the fiscal year 2008.
246-Governor's Office
(WV Code Chapter 5)
Fund 1046 FY 2008 Org 0100
Any unexpended balance remaining in the appropriation for Publication of Papers and
Transition Expenses-Lottery Surplus (fund 1046, activity 066) at the close of the fiscal year 2007
is hereby reappropriated for expenditure during the fiscal year 2008.
247-Office of Technology
(WV Code Chapter 5A)
Fund 2532 FY 2008 Org 0231
Any unexpended balances remaining in the appropriations for Network Monitoring-Lottery Surplus (fund 2532, activity 919) and Unclassified-Lottery Surplus (fund 2532, activity 928) at the
close of the fiscal year 2007 are hereby reappropriated for expenditure during the fiscal year 2008.
248-West Virginia Development Office
(WV Code Chapter 5B)
Fund 3170 FY 2008 Org 0307
Any unexpended balance remaining in the appropriation for Connectivity Research and
Development-Lottery Surplus (fund 3170, activity 923) at the close of the fiscal year 2007 is hereby
reappropriated for expenditure during the fiscal year 2008.
The above appropriation to Connectivity Research and Development-Lottery Surplus shall be
used by the West Virginia Development Office for the coordinated development of technical
infrastructure in areas where expanded resources and technical infrastructure may be expected or
required pursuant to the provisions of 5a-6-4 of the code.
249-Division of Health-
Central Office
(WV Code Chapter 16)
Fund 5219 FY 2008 Org 0506
Any unexpended balance remaining in the appropriation for Chief Medical Examiner-Capital
Improvements-Lottery Surplus (fund 5219, activity 051) at the close of the fiscal year 2007 is
hereby reappropriated for expenditure during the fiscal year 2008.
250-West Virginia State Police
(WV Code Chapter 15)
Fund 6394 FY 2008 Org 0612
Any unexpended balance remaining in the appropriation for Helicopter Purchase (fund 6394,
activity 063) at the close of fiscal year 2007 is hereby reappropriated for expenditure during the fiscal
year 2008.
251-Tax Divisi
(WV Code Chapter 11)
Fund 7082 FY 2008 Org 0702
Any unexpended balance remaining in the appropriation for Remittance Processor-Lottery
Surplus (fund 7082, activity 054) at the close of the fiscal year 2007 is hereby reappropriated for
expenditure during the fiscal year 2008.
Total TITLE II, Section 5-Excess Lottery Funds$226,500,000
Sec. 6. Appropriations of federal funds.-In accordance with article eleven, chapter four of the
code, from federal funds there are hereby appropriated conditionally upon the fulfillment of the
provisions set forth in article two, eleven-b of the code the following amounts, as itemized, for
expenditure during the fiscal year two thousand eight.
LEGISLATIVE
252-Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 8738 FY 2008 Org 2300
Federal
ActivityFunds
Unclassified-Total096$1,314,969
JUDICIAL
253-Supreme Court
Fund 8867 FY 2008 Org 2400
Unclassified-Total096$1,000,000
EXECUTIVE
254-Governor's Office-
Office of Economic Opportunity
(WV Code Chapter 5)
Fund 8797 FY 2008 Org 0100
Unclassified-Total096$32,250,000
255-Governor's Office-
Commission for National and Community Service
(WV Code Chapter 5)
Fund 8800 FY 2008 Org 0100
Unclassified-Total096$5,662,509
256-Auditor's Office-
National White Collar Crime Center
(WV Code Chapter 12)
Fund 8807 FY 2008 Org 1200
Unclassified-Total096$14,002,367
257-Department of Agriculture
(WV Code Chapter 19)
Fund 8736 FY 2008 Org 1400
Unclassified-Total096$4,262,367
258-Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 8737 FY 2008 Org 1400
Unclassified-Total096$839,565
259-Department of Agriculture-
State Conservation Committee
(WV Code Chapter 19)
Fund 8783 FY 2008 Org 1400
Unclassified-Total096$1,814,314
260-Secretary of State-
State Election Fund
(WV Code Chapter 3)
Fund 8854 FY 2008 Org 1600
Unclassified-Total096$830,000
DEPARTMENT OF ADMINISTRATION
261-West Virginia Prosecuting Attorney's Institute
(WV Code Chapter 7)
Fund 8834 FY 2008 Org 0228
Unclassified-Total096$77,700
262-Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 8838 FY 2008 Org 0230
Unclassified-Total096$37,928,099
DEPARTMENT OF COMMERCE
263-Division of Forestry
(WV Code Chapter 19)
Fund 8703 FY 2008 Org 0305
Unclassified-Total096$ 4,145,804
264-Geological and Economic Survey
(WV Code Chapter 29)
Fund 8704 FY 2008 Org 0306
Unclassified-Total096$ 485,000
265-West Virginia Development Office
(WV Code Chapter 5B)
Fund 8705 FY 2008 Org 0307
Unclassified-Total096$ 10,639,627
266-Division of Labor
(WV Code Chapters 21 and 47)
Fund 8706 FY 2008 Org 0308
Unclassified-Total096$ 548,675
267-Division of Natural Resources
(WV Code Chapter 20)
Fund 8707 FY 2008 Org 0310
Unclassified-Total096$ 8,530,288
268-Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 8709 FY 2008 Org 0314
Unclassified-Total096$ 740,357
269-Bureau of Employment Programs
(WV Code Chapter 23)
Fund 8835 FY 2008 Org 0323
Unclassified099$ 512,657
Reed Act 2002-Unemployment Compensation6222,850,000
Reed Act 2002-Employment Services6301,650,000
Total$5,012,657
Pursuant to the requirements of 42 U.S.C. 1103, Section 903 of the Social Security Act, as
amended, and the provisions of section nine, article nine, chapter twenty-one-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, the above appropriation to Unclassified
shall be used by the bureau of employment programs for the specific purpose of administration of
the state's unemployment insurance program or job service activities, subject to each and every
restriction, limitation or obligation imposed on the use of the funds by those federal and state
statutes.
DEPARTMENT OF EDUCATION
270-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 8712 FY 2008 Org 0402
Unclassified-Total096$ 255,000,000
271-State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 8713 FY 2008 Org 0402
Unclassified-Total096$106,000,000
272-State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 8714 FY 2008 Org 0402
Unclassified-Total096$16,500,000
273-State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 8715 FY 2008 Org 0402
Unclassified-Total096$107,000,000
DEPARTMENT OF EDUCATION AND THE ARTS
274-Department of Education and the Arts-
Office of the Secretary
(WV Code Chapter 5F)
Fund 8841 FY 2008 Org 0431
Unclassified-Total096$325,000
275-Division of Culture and History
(WV Code Chapter 29)
Fund 8718 FY 2008 Org 0432
Unclassified-Total096$1,383,793
276-Library Commission
(WV Code Chapter 10)
Fund 8720 FY 2008 Org 0433
Unclassified-Total096$ 1,939,018
277-Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 8721 FY 2008 Org 0439
Unclassified-Total096$1,500,000
278-State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 8734 FY 2008 Org 0932
Unclassified-Total096$ 26,818,444
279-State Board of Rehabilitation-
Division of Rehabilitation Services-
Disability Determination Services
(WV Code Chapter 18)
Fund 8890 FY 2008 Org 0932
Unclassified-Total096$21,500,000
DEPARTMENT OF ENVIRONMENTAL PROTECTION
280-Division of Environmental Protection
(WV Code Chapter 22)
Fund 8708 FY 2008 Org 0313
Unclassified-Total096$ 138,144,779
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
281-Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 8723 FY 2008 Org 0506
Unclassified-Total096$ 7,314,114
282-Division of Health-
Central Office
(WV Code Chapter 16)
Fund 8802 FY 2008 Org 0506
Unclassified-Total096$ 86,036,046
283-Division of Health-
West Virginia Safe Drinking Water Treatment
(WV Code Chapter 16)
Fund 8824 FY 2008 Org 0506
Unclassified-Total096$ 16,000,000
284-West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 8851 FY 2008 Org 0507
Unclassified-Total096$ 50,000
285-Human Rights Commission
(WV Code Chapter 5)
Fund 8725 FY 2008 Org 0510
Unclassified-Total096$ 520,038
286-Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 8722 FY 2008 Org 0511
Unclassified099$152,532,835
Medical Services1891,826,784,280
Medical Services Administrative Costs78933,155,033
Total$2,012,472,148
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
287-Office of the Secretary
(WV Code Chapter 5F)
Fund 8876 FY 2008 Org 0601
Unclassified-Total096$ 20,000,000
288-Adjutant General-State Militia
(WV Code Chapter 15)
Fund 8726 FY 2008 Org 0603
Unclassified-Total096$ 95,915,322
289-Division of Homeland Security and
Emergency Management
(WV Code Chapter 15)
Fund 8727 FY 2008 Org 0606
Unclassified-Total096$32,052,679
290-Division of Corrections
(WV Code Chapters 25, 28, 49 and 62)
Fund 8836 FY 2008 Org 0608
Unclassified-Total096$650,000
291-West Virginia State Police
(WV Code Chapter 15)
Fund 8741 FY 2008 Org 0612
Unclassified-Total096$ 969,006
292-Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 8858 FY 2008 Org 0613
Unclassified-Total096$ 2,750,000
293-Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 8728 FY 2008 Org 0618
Unclassified-Total096$ 1,766,228
294-Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 8803 FY 2008 Org 0620
Unclassified-Total096$ 14,081,119
295-Division of Juvenile Services
(WV Code Chapter 49)
Fund 8855 FY 2008 Org 0621
Unclassified-Total096$ 607,624
DEPARTMENT OF REVENUE
296-Insurance Commissioner
(WV Code Chapter 33)
Fund 8883 FY 2008 Org 0704
Unclassified-Total096$ 650,000
DEPARTMENT OF TRANSPORTATION
297-Division of Motor Vehicles
(WV Code Chapter 17B)
Fund 8787 FY 2008 Org 0802
Unclassified-Total096$ 12,160,606
298-Division of Public Transit
(WV Code Chapter 17)
Fund 8745 FY 2008 Org 0805
Unclassified-Total096$ 16,365,341
299-Public Port Authority
(WV Code Chapter 17)
Fund 8830 FY 2008 Org 0806
Unclassified-Total096$ 100,000
BUREAU OF SENIOR SERVICES
300-Bureau of Senior Services
(WV Code Chapter 29)
Fund 8724 FY 2008 Org 0508
Unclassified-Total096$ 14,000,000
MISCELLANEOUS BOARDS AND COMMISSIONS
301-Public Service Commission-
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8743 FY 2008 Org 0926
Unclassified-Total096$ 1,538,245
302-Public Service Commission-
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8744 FY 2008 Org 0926
Unclassified-Total096$275,704
303-WV Statewide Addressing and Mapping Board
(WV Code Chapter 24E)
Fund 8868 FY 2008 Org 0940
Unclassified-Total096$ 100,000
304-National Coal Heritage Area Authority
(WV Code Chapter 29)
Fund 8869 FY 2008 Org 0941
Unclassified-Total096$600,000
305-Coal Heritage Highway Authority
(WV Code Chapter 29)
Fund 8861 FY 2008 Org 0942
Unclassified-Total096$ 50,000
Total TITLE II, Section 6-Federal Funds$ 3,143,219,552
Sec. 7. Appropriations from federal block grants.-The following items are hereby
appropriated from federal block grants to be available for expenditure during the fiscal year 2008.
306-Governor's Office-
Office of Economic Opportunity
Community Services
Fund 8799 FY 2008 Org 0100
Unclassified-Total096$ 9,507,444
307-West Virginia Development Office-
Community Development
Fund 8746 FY 2008 Org 0307
Unclassified-Total096$ 28,340,316
308-Governor's
Workforce Investment Office
Fund 8888 FY 2008 Org 0331
Unclassified-Total096$ 39,733,496
309-Division of Health-
Maternal and Child Health
Fund 8750 FY 2008 Org 0506
Unclassified-Total096$ 10,944,362
310-Division of Health-
Preventive Health
Fund 8753 FY 2008 Org 0506
Unclassified-Total096$ 2,244,387
311-Division of Health-
Substance Abuse Prevention and Treatment
Fund 8793 FY 2008 Org 0506
Unclassified-Total096$ 11,575,501
312-Division of Health-
Community Mental Health Services
Fund 8794 FY 2008 Org 0506
Unclassified-Total096$ 3,332,225
313-Division of Health-
Abstinence Education Program
Fund 8825 FY 2008 Org 0506
Unclassified-Total096$ 978,261
314-Division of Human Services-
Energy Assistance
Fund 8755 FY 2008 Org 0511
Unclassified-Total096$ 25,000,000
315-Division of Human Services-
Social Services
Fund 8757 FY 2008 Org 0511
Unclassified-Total096$ 15,340,326
316-Division of Human Services-
Temporary Assistance Needy Families
Fund 8816 FY 2008 Org 0511
Unclassified-Total096 $ 130,000,000
317-Division of Human Services-
Child Care and Development
Fund 8817 FY 2008 Org 0511
Unclassified-Total096$ 40,023,926
318-Division of Criminal Justice Services-
Juvenile Accountability Incentive
Fund 8829 FY 2008 Org 0620
Unclassified-Total096$ 500,000
Total TITLE II, Section 7-Federal Block Grants$317,520,244
Sec. 8. Awards for claims against the state.-There are hereby appropriated for fiscal year 2008,
from the fund as designated, in the amounts as specified, general revenue funds in the amount of
$1,777,044 special revenue funds in the amount of $45,470 and state road funds in the amount of
$634,324 for payment of claims against the state.
Sec. 9. Appropriations from general revenue surplus accrued.-The following items are
hereby appropriated from the state fund, general revenue, and are to be available for expenditure
during the fiscal year 2008 out of surplus funds only, accrued from the fiscal year ending the thirtieth
day of June, two thousand seven, subject to the terms and conditions set forth in this section.
It is the intent and mandate of the Legislature that the following appropriations be payable only from surplus accrued as of the thirty-first day of July, two thousand seven from the fiscal year ending
the thirtieth day of June two thousand seven.
In the event that surplus revenues available on the thirty-first day of July, two thousand seven,
are not sufficient to meet all the appropriations made pursuant to this section, then the appropriations
shall be made to the extent that surplus funds are available as of the date mandated and shall be
allocated first to provide the necessary funds to meet the first appropriation of this section; next, to
provide the funds necessary for the second appropriation of this section and subsequently to provide
the funds necessary for each appropriation in succession before any funds are provided for the next
subsequent appropriation.
EXECUTIVE
319-Governor's Office
(WV Code Chapter 5)
Fund 0101 FY 2008 Org 0100
Monetary Incentive-Surplus950$ 0
320-Governor's Office-
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2008 Org 0100
Monetary Incentive-Surplus950$ 0
321-Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2008 Org 1200
Monetary Incentive-Surplus950$ 0
322-Treasurer's Office
(WV Code Chapter 12)
Fund 0126 FY 2008 Org 1300
Monetary Incentive-Surplus950$ 0
323-Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2008 Org 1400
Monetary Incentive-Surplus950$ 0
324-West Virginia Conservation Agency
(WV Code Chapter 19)
Fund 0132 FY 2008 Org 1400
Monetary Incentive-Surplus950$ 0
325-Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 0135 FY 2008 Org 1400
Monetary Incentive-Surplus950$ 0
326-Attorney General
(WV Code Chapters 5, 14, 46A and 47)
Fund 0150 FY 2008 Org 1500
Monetary Incentive-Surplus950$ 0
327-Secretary of State
(WV Code Chapters 3, 5 and 59)
Fund 0155 FY 2008 Org 1600
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF ADMINISTRATION
328-Department of Administration-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2008 Org 0201
Monetary Incentive-Surplus950$ 0
329-Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2008 Org 0209
Monetary Incentive-Surplus950$ 0
330-Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2008 Org 0211
Monetary Incentive-Surplus950$ 0
331-Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2008 Org 0213
Monetary Incentive-Surplus950$ 0
332-Education and State Employees' Grievance Board
(WV Code Chapter 18)
Fund 0220 FY 2008 Org 0219
Monetary Incentive-Surplus950$ 0
333-Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2008 Org 0220
Monetary Incentive-Surplus950$ 0
334-Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2008 Org 0221
Monetary Incentive-Surplus950$ 0
335-West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 0557 FY 2008 Org 0228
Monetary Incentive-Surplus950$ 0
336-Children's Health Insurance Agency(WV Code Chapter 5)
Fund 0588 FY 2008 Org 0230
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF COMMERCE
337-Division of Tourism
(WV Code Chapter 5B)
Fund 0246 FY 2008 Org 0304
Monetary Incentive-Surplus950$ 0
338-Division of Forestry
(WV Code Chapter 19)
Fund 0250 FY 2008 Org 0305
Monetary Incentive-Surplus950$ 0
339-Geological and Economic Survey
(WV Code Chapter 29)
Fund 0253 FY 2008 Org 0306
Monetary Incentive-Surplus950$ 0
340-West Virginia Development Office
(WV Code Chapter 5B)
Fund 0256 FY 2008 Org 0307
Monetary Incentive-Surplus950 $ 0
341-Division of Labor
(WV Code Chapters 21 and 47)
Fund 0260 FY 2008 Org 0308
Monetary Incentive-Surplus950$ 0
342-Division of Natural Resources
(WV Code Chapter 20)
Fund 0265 FY 2008 Org 0310
Monetary Incentive-Surplus950$ 0
343-Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 0277 FY 2008 Org 0314
Monetary Incentive-Surplus950$ 0
344-Board of Coal Mine
Health and Safety
(WV Code Chapter 22)
Fund 0280 FY 2008 Org 0319
Monetary Incentive-Surplus950$ 0
345-Department of Commerce-
Office of the Secretary
(WV Code Chapter 19)
Fund 0606 FY 2008 Org 0327
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF EDUCATION
346-State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2008 Org 0402
Monetary Incentive-Surplus950$ 0
347-State FFA-FHA Camp and Conference Center
(WV Code Chapters 18 and 18A)
Fund 0306 FY 2008 Org 0402
Monetary Incentive-Surplus950$ 0
348-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2008 Org 0402
Monetary Incentive-Surplus950$ 0
349-State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2008 Org 0402
Monetary Incentive-Surplus950$ 0
350-State Department of Education-
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2008 Org 0402
Monetary Incentive-Surplus950$ 0
351-State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2008 Org 0402
Monetary Incentive-Surplus950$ 0
352-State Board of Education-
Division of Educational Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2008 Org 0402
Monetary Incentive-Surplus950$ 0
353-West Virginia Schools for the
Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2008 Org 0403
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF EDUCATION AND THE ARTS
354-Department of Education and the Arts-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2008 Org 0431
Monetary Incentive-Surplus950$ 0
355-Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2008 Org 0432
Monetary Incentive-Surplus950$ 0
356-Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2008 Org 0433
Monetary Incentive-Surplus950$ 0
357-Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2008 Org 0439
Monetary Incentive-Surplus950$ 0
358-State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2008 Org 0932
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF ENVIRONMENTAL PROTECTION
359-Environmental Quality Board
(WV Code Chapter 20)
Fund 0270 FY 2008 Org 0311
Monetary Incentive-Surplus950$ 0
360-Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2008 Org 0313
Monetary Incentive-Surplus950$ 0
361-Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2008 Org 0325
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
362-Department of Health and Human Resources-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2008 Org 0501
Monetary Incentive-Surplus950$ 0
363-Division of Health-
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2008 Org 0506
Monetary Incentive-Surplus950$ 0
364-Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2008 Org 0506
Monetary Incentive-Surplus950$ 0
365-Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2008 Org 0510
Monetary Incentive-Surplus950$ 0
366-Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2008 Org 0511
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
367-Department of Military Affairs and
Public Safety-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2008 Org 0601
Monetary Incentive-Surplus950$ 0
368-Adjutant General-
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2008 Org 0603
Monetary Incentive-Surplus950$ 0
369-West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2008 Org 0605
Monetary Incentive-Surplus950$ 0
370-Division of Homeland Security and
Emergency Management
(WV Code Chapter 15)
Fund 0443 FY 2008 Org 0606
Monetary Incentive-Surplus950$ 0
371-Division of Corrections-
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2008 Org 0608
Monetary Incentive-Surplus950$ 0
372-Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2008 Org 0608
Monetary Incentive-Surplus950$ 0
373-West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2008 Org 0612
Monetary Incentive-Surplus950$ 0
374-Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2008 Org 0613
Monetary Incentive-Surplus950$ 0
375-Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 0460 FY 2008 Org 0618
Monetary Incentive-Surplus950$ 0
376-Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2008 Org 0619
Monetary Incentive-Surplus950$ 0
377-Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 0546 FY 2008 Org 0620
Monetary Incentive-Surplus950$ 0
378-Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2008 Org 0621
Monetary Incentive-Surplus950$ 0
379-Division of Protective Services
(WV Code Chapter 5F)
Fund 0585 FY 2008 Org 0622
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF REVENUE
380-Office of the Secretary
(WV Code Chapter 11)
Fund 0465 FY 2008 Org 0701
Monetary Incentive-Surplus950$ 0
381-Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2008 Org 0702
Monetary Incentive-Surplus950$ 0
382-State Budget Office
(WV Code Chapter 11B)
Fund 0595 FY 2008 Org 0703
Monetary Incentive-Surplus950$ 0
383-West Virginia Office of Tax Appeals
(WV Code Chapter 11)
Fund 0593 FY 2008 Org 0709
Monetary Incentive-Surplus950$ 0
DEPARTMENT OF TRANSPORTATION
384-State Rail Authority
(WV Code Chapter 29)
Fund 0506 FY 2008 Org 0804
Monetary Incentive-Surplus950$ 0
385-Public Port Authority
(WV Code Chapter 17)
Fund 0581 FY 2008 Org 0806
Monetary Incentive-Surplus950$ 0
386-Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2008 Org 0807
Monetary Incentive-Surplus950$ 0
HIGHER EDUCATION
387-West Virginia Council for
Community and Technical College Education-
Control Account
(WV Code Chapter 18B)
Fund 0596 FY 2008 Org 0420
Monetary Incentive-Surplus950$ 0
388-Higher Education Policy Commission-
Administration-
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2008 Org 0441
Monetary Incentive-Surplus950$ 0
389-Higher Education Policy Commission-
System-
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2008 Org 0442
Monetary Incentive-Surplus950$ 0
390-Bureau of Senior Services
(WV Code Chapter 16)
Fund 0420 FY 2008 Org 0558
Monetary Incentive-Surplus950$ 0
Sec. 10. Appropriations from state excess lottery revenue fund surplus accrued.-The
following items are hereby appropriated from the state excess lottery revenue fund, and are to be
available for expenditure during the fiscal year 2008 out of surplus funds only, as determined by the
director of the lottery, accrued from the fiscal year ending the thirtieth day of June, two thousand seven, subject to the terms and conditions set forth in this section.
It is the intent and mandate of the Legislature that the following appropriations be payable only
from surplus accrued from the fiscal year ending the thirtieth day of June two thousand seven.
In the event that surplus revenues available from the fiscal year ending the thirtieth day of June,
two thousand seven are not sufficient to meet all the appropriations made pursuant to this section,
then the appropriations shall be made to the extent that surplus funds are available and shall be
allocated first to provide the necessary funds to meet the first appropriation of this section; next, to
provide the funds necessary for the second appropriation of this section and subsequently to provide
the funds necessary for each appropriation in succession before any funds are provided for the next
subsequent appropriation.
391-Office of Technology-
(WV Code Chapter 5A)
Fund 2532 FY 2008 Org 0231
Unclassified-Lottery Surplus928$2,000,000
405-State Department of Education
(WV Code Chapter 18 and 18A)
Fund FY 2008 Org 0402
Assessment for 21st Century$ 3,900,000
Professional Development for 21st Century Learners2,600,000
Total$6,500,000
Sec. 11. Special revenue appropriations.-There are hereby appropriated for expenditure during
the fiscal year two thousand eight appropriations made by general law from special revenues which
are not paid into the state fund as general revenue under the provisions of section two, article two,
chapter twelve of the code: Provided, That none of the money so appropriated by this section shall
be available for expenditure except in compliance with and in conformity to the provisions of articles
two and three, chapter twelve and article two, chapter eleven-b of the code, unless the spending unit has filed with the director of the budget and the legislative auditor prior to the beginning of each
fiscal year:
(a) An estimate of the amount and sources of all revenues accruing to such fund;
(b) A detailed expenditure schedule showing for what purposes the fund is to be expended.
Sec. 12. State improvement fund appropriations.-Requests or donations of nonpublic funds,
received by the governor on behalf of the state during the fiscal year two thousand eight, for the
purpose of making studies and recommendations relative to improvements of the administration and
management of spending units in the executive branch of state government, shall be deposited in the
state treasury in a separate account therein designated state improvement fund.
There are hereby appropriated all moneys so deposited during the fiscal year two thousand seven
to be expended as authorized by the governor, for such studies and recommendations which may
encompass any problems of organization, procedures, systems, functions, powers or duties of a state
spending unit in the executive branch, or the betterment of the economic, social, educational, health
and general welfare of the state or its citizens.
Sec. 13. Specific funds and collection accounts.-A fund or collection account which by law is
dedicated to a specific use is hereby appropriated in sufficient amount to meet all lawful demands
upon the fund or collection account and shall be expended according to the provisions of article
three, chapter twelve of the code.
Sec. 14. Appropriations for refunding erroneous payment.-Money that has been erroneously
paid into the state treasury is hereby appropriated out of the fund into which it was paid, for refund
to the proper person.
When the officer authorized by law to collect money for the state finds that a sum has been
erroneously paid, he or she shall issue his or her requisition upon the auditor for the refunding of the
proper amount. The auditor shall issue his or her warrant to the treasurer and the treasurer shall pay
the warrant out of the fund into which the amount was originally paid.
Sec. 15. Sinking fund deficiencies.-There is hereby appropriated to the governor a sufficient amount to meet any deficiencies that may arise in the mortgage finance bond insurance fund of the
West Virginia housing development fund which is under the supervision and control of the
municipal bond commission as provided by section twenty-b, article eighteen, chapter thirty-one of
the code, or in the funds of the municipal bond commission because of the failure of any state agency
for either general obligation or revenue bonds or any local taxing district for general obligation bonds
to remit funds necessary for the payment of interest and sinking fund requirements. The governor
is authorized to transfer from time to time such amounts to the municipal bond commission as may
be necessary for these purposes.
The municipal bond commission shall reimburse the state of West Virginia through the governor
from the first remittance collected from the West Virginia housing development fund or from any
state agency or local taxing district for which the governor advanced funds, with interest at the rate
carried by the bonds for security or payment of which the advance was made.
Sec. 16. Appropriations for local governments.-There are hereby appropriated for payment
to counties, districts and municipal corporations such amounts as will be necessary to pay taxes due
counties, districts and municipal corporations and which have been paid into the treasury:
(a) For redemption of lands;
(b) By public service corporations;
(c) For tax forfeitures.
Sec. 17. Total appropriations.-Where only a total sum is appropriated to a spending unit, the
total sum shall include personal services, annual increment, employee benefits, current expenses,
repairs and alterations, equipment and capital outlay, where not otherwise specifically provided and
except as otherwise provided in TITLE I-GENERAL PROVISIONS, Sec. 3.
Sec. 18. General school fund.-The balance of the proceeds of the general school fund remaining
after the payment of the appropriations made by this act is appropriated for expenditure in
accordance with section sixteen, article nine-a, chapter eighteen of the code.
TITLE III-ADMINISTRATION.
Section 1. Appropriations conditional.-The expenditure of the appropriations made by this act,
except those appropriations made to the legislative and judicial branches of the state government,
are conditioned upon the compliance by the spending unit with the requirements of article two,
chapter eleven-b of the code.
Where spending units or parts of spending units have been absorbed by or combined with other
spending units, it is the intent of this act that appropriations and reappropriations shall be to the
succeeding or later spending unit created, unless otherwise indicated.
Sec. 2. Constitutionality.-If any part of this act is declared unconstitutional by a court of
competent jurisdiction, its decision shall not affect any portion of this act which remains, but the
remaining portion shall be in full force and effect as if the portion declared unconstitutional had
never been a part of the act."
On motion of Delegate DeLong, the House refused to concur in the Senate amendment and
requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Report Availability
At 5:46 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for S. B. 178.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
H. B. 2568, Extending the sunset provision regarding racial profiling analysis
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Foster, Jenkins and Sypolt.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Moore, Long and Lane.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At 5:53 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 8:00
p.m., and reconvened at that time.
Conference Committee Report Availability
At 8:04 p.m., the Clerk announced the availability in his office of the reports of the
Committees of Conference on Com. Sub. for S. B. 185, Com. Sub. for S. B. 738 and Com. Sub.
for H. B. 2955.
Reordering of the Calendar
Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for S.
B. 68, Com. Sub. for S. B. 121, S. B. 657 and S. B. 749, on third reading, House Calendar, to the
Special Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more
than every two thousand feet on all new installation of water mains.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §7-1-3a of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §8-19-21 of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3a. Construction of waterworks; sewers and sewage disposal plants; improvements of
streets, alleys and sidewalks; assessment of cost of sanitary sewers, improved
streets and maintenance of roads not in the state road system.
In addition to all other powers and duties now conferred by law upon county commissions,
such commissions are hereby authorized and empowered to install, construct, repair, maintain and
operate waterworks, water mains, sewer lines and sewage disposal plants in connection therewith
within their respective counties: Provided, That the county commission of Webster County is
authorized to expend county funds in the opening of, and upkeep of a sulphur well now situate on
county property: Provided, however, That such authority and power herein conferred upon county
commissions shall not extend into the territory within any municipal corporation: Provided further,
That any county commission is hereby authorized to enter into contracts or agreements with any
municipality within the county, or with a municipality in an adjoining county, with reference to the
exercise of the powers vested in such commissions by this section.
Considering the importance of public fire protection, any county commission, public service
district, public or private utility which installs, constructs, maintains, or upgrades water mains shall
ensure that all new mains specifically intended to provide fire protection are supplied by mains
which are not less than six inches in diameter. A permit or other written approval shall be obtained
from the department of health and human resources for each hydrant or group of hydrants installed
in compliance with section nine, article one, chapter sixteen of the West Virginia code as amended:
Provided, That all newly constructed water distribution systems transferred to a public or private utility shall have mains at least six inches in diameter where fire flows are desired or required by the
public or private utility: Provided, however, That the utility providing service has sufficient
hydraulic capacity as determined by the department of health and human resources. Effective the
first day of January, two thousand eight, when any state or local government, public service district,
public or private utility installs, constructs or upgrades water mains, the existing hydrants shall be
replaced with new or refurbished hydrants that have an internal hydrant valve device installed which
will prevent intentional or accidental backflow contamination of the domestic water supply. Such
device may in no way delay access to the water supply for fire protection.
In addition to the foregoing, the county commission shall have the power to improve streets,
sidewalks and alleys and lay sewers and enter into contracts for maintenance of county roads and
subdivision roads used by the public but not in the state road system as follows: Upon petition in
writing duly verified, of the persons, firms or corporations owning not less than sixty percent of the
frontage of the lots abutting on both sides of any street or alley, between any two cross-streets, or
between a cross-street and an alley in any unincorporated community, requesting the county
commission so to do according to plans and specifications submitted with such petition and offering
to have their property so abutting assessed not only with their portion of the cost of such
improvement abutting upon their respective properties, but also offering to have their said properties
proportionately assessed with the total cost of paving, grading and curbing the intersections of such
streets and alleys, or the total cost of maintenance of county roads or subdivision roads used by the
public but not in the state road system, the county commission may cause any such street or alley to
be improved or paved or repaved substantially with the materials and according to such plans and
specifications as hereinafter provided: Provided, That the county commission is further authorized,
if the said county commission so determines by a unanimous vote of its constituted membership, that
two or more intersecting streets, sidewalks, alleys and sewers, should be improved as one project,
in order to satisfy peculiar problems resulting from access as well as drainage problems, then, in that
event, the said county commission may order such improvements as one single unit and project, upon petition in writing duly verified of the persons, firms or corporations owning not less than sixty
percent of the frontage of the lots abutting on both sides of all streets or alleys, or portions thereof
included by said county commission in said unit and project.
The total cost including labor and materials, engineering, and legal service of grading and
paving, curbing, improving any such road, street or alley (including the cost of the intersections) and
assessing the cost thereof shall be borne by the owners of the land abutting upon such road, street
or alley when the work is completed and accepted according to the following plan, that is to say,
payment is to be made by all landowners on either side of such road, street or alley so paved or
improved in such proportion of the total cost as the frontage in feet of each owner's land so abutting
bears to the total frontage of all the land so abutting on such road, street or alley, so paved or
improved as aforesaid, which computation shall be made by the county engineer or surveyor and
certified by him to the clerk of said commission.
Upon petition in writing duly verified, of the persons, firms or corporations owning not less
than sixty percent of the frontage of the lots abutting on one side of any county or subdivision road
or roads between any two cross-roads, all used by the public but not in the state road system or street
between any two cross-streets or between a cross-street and an alley in any unincorporated
community requesting the county commission so to do according to plans and specifications
submitted with such petition and offering to have their property so abutting assessed with the total
cost thereof, the county commission may cause any sidewalk to be improved, or paved, or repaved,
substantially with such materials according to such plans and specifications and the total cost
including labor and materials, engineering and legal service of improving, grading, paving or
repaving such sidewalk and assessing the cost thereof shall, when the work is completed and
accepted, be assessed against the owners of the lots or fractional part of lots abutting on such
sidewalk, in such portion of the total cost as the frontage in feet of each owner's land so abutting
bears to the total frontage of all lots so abutting on such sidewalk so paved or improved, as aforesaid,
which computation shall be made by the county engineer or surveyor and certified by him to the clerk of said commission.
Upon petition in writing duly verified, of the persons, firms or corporations owning not less
than sixty percent of the frontage of the lots abutting on both sides of any street or alley, in any
unincorporated community requesting the county commission so to do according to plans and
specifications submitted with such petition and offering to have their property so abutting assessed
with the cost, as hereinafter provided, the county commission may lay and construct sanitary sewers
in any street or alley with such materials and substantially according to such plans and specifications
and when such sewer is completed and accepted, the county engineer or surveyor shall report to the
county commission, in writing, the total cost of such sewer and a description of the lots and lands,
as to the location, frontage, depth and ownership liable for such sewer assessment, so far as the same
may be ascertained, together with the amount chargeable against each lot and owner, calculated in
the following manner: The total cost of constructing and laying the sewer including labor, materials,
legal and engineering services shall be borne by the owners of the land abutting upon the streets and
alleys, in which the sewer is laid according to the following plan: Payment is to be made by each
landowner on either side of such portion of a street or alley in which such sewer is laid, in such
proportions as the frontage of his land upon said street or alley bears to the total frontage of all lots
so abutting on such street or alley. In case of a corner lot, frontage is to be measured along the
longest dimensions thereof abutting on such street or alley in which such sewer is laid. Any lot
having a depth of two hundred feet or more, and fronting on two streets or alleys, one in the front
and one in the rear of said lot, shall be assessed on both of said streets or alleys if a sewer is laid in
both such streets and alleys. Where a corner lot has been assessed on the end it shall not be assessed
on the side for the same sewer and where it has been assessed on the side it shall not be assessed on
the end for the same sewer.
If the petitioners request the improvement of any such county road or subdivision road, street,
alley or sidewalk in a manner which does not require the permanent paving or repaving thereof, the
county commission shall likewise have authority to improve such county road or subdivision road, street, alley or sidewalk, substantially as requested in such petition, and the total cost thereof
including labor, materials, engineering and legal services shall be assessed against the abutting
owners in the proportion which the frontage of their lots abutting upon such county road or
subdivision road, street, alley or sidewalk bears to the total frontage of all lots abutting upon such
street, alley or sidewalk so improved.
Upon the filing of such petition and before work is begun, or let to contract, the county
commission shall fix a time and place for hearing protests and shall require the petitioners to post
notice of such hearing in at least two conspicuous places on the county road or subdivision road,
street, alley or sidewalk affected, and to give notice thereof by publication of such notice as a Class
I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this
code, and the publication area for such publication shall be the county in which the improvement is
to be made. The hearing shall be held not less than ten nor more than thirty days after the filing of
such petition.
At the time and place set for hearing protests the county commission may examine witnesses
and consider other evidence to show that said petition was filed in good faith; that the signatures
thereto are genuine; and that the proposed improvement, paving, repaving or sewering will result in
special benefits to all owners of property abutting on said county road or subdivision road, street,
alley or sidewalk in an amount at least equal in value to the cost thereof. The commission shall
within ten days thereafter enter a formal order stating its decision and if the petition be granted shall
proceed after due advertisement, reserving the right to reject any or all bids, to let a contract for such
work and materials to the lowest responsible bidder.
Any owner of property abutting upon said county road or subdivision road, street, alley or
sidewalk aggrieved by such order shall have the right to review the same on the record made before
the county commission by filing within ten days after the entry of such order a petition with the clerk
of the circuit court assigning errors and giving bond in a penalty to be fixed by the circuit court to
pay any costs or expenses incurred upon such appeal should the order of the county commission be affirmed. The circuit court shall proceed to review the matter as in other cases of appeal from the
county commission.
All assessments made under this section shall be certified to the county clerk and recorded
in a proper trust deed book and indexed in the name of the owner of any lot or fractional part of a
lot so assessed. The assessment so made shall be a lien on the property liable therefor, and shall
have priority over all other liens except those for taxes, and may be enforced by a civil action in the
name of the contractor performing the work in the same manner as provided for other liens for
permanent improvements. Such assessment shall be paid in not more than ten equal annual
installments, bearing interest at a rate not to exceed twelve percent per annum, as follows: The first
installment, together with interest on the whole assessment, shall be paid not later than one year from
the date of such assessment, and a like installment with interest on the whole amount remaining
unpaid each year thereafter until the principal and all interest shall have been paid in full.
The county commission may issue coupon-bearing certificates payable in not more than ten
equal annual installments for the amount of such assessment and the interest thereon, to be paid by
the owner of any lot or fractional part thereof, fronting on such county road or subdivision road,
street, alley or sidewalk which has been improved, paved, or repaved or in which a sewer has been
laid, as aforesaid, and the holder of said certificate shall have a lien having priority over all other
liens except those for taxes upon the lot or part of lot fronting on such county road or subdivision
road, street, alley or sidewalk, and such certificate shall likewise draw interest from the date of
assessment at a rate not to exceed twelve percent per annum, and payment thereof may be enforced
in the name of the holder of said certificate by proper civil action in any court having jurisdiction to
enforce such lien.
Certificates authorized under this section may be issued, sold or negotiated to the contractor
doing the work, or to his assignee, or to any person, firm or corporation: Provided, That the county
commission in issuing such certificates shall not be held as a guarantor, or in any way liable for the
payment thereof. Certificates so issued shall contain a provision to the effect that in the event of default in the payment of any one or more of said installments, when due, said default continuing
for a period of sixty days, all unpaid installments shall thereupon become due and payable, and the
owner of said certificates may proceed to collect the unpaid balance thereof in the manner
hereinbefore provided.
In all cases where petitioners request paving or repaving, or the laying of sewers under the
provisions of this section, the county commission shall let the work of grading, paving, curbing or
sewering to contract to the lowest responsible bidder. In each such case the county commission shall
require a bond in the penalty of the contract price guaranteeing the faithful performance of the work
and each such contract shall require the contractor to repair any defects due to defective
workmanship or materials discovered within one year after the completion of the work.
Upon presentation to the clerk of the county commission of the certificates evidencing the
lien, duly canceled and marked paid by the holder thereof, or evidence of payment of the assessment
if no certificates have been issued, said clerk shall execute and acknowledge a release of the lien
which release may be recorded, as other releases in the office of the clerk of the county commission.
The owner of any lot or fractional part of a lot abutting upon such county road or subdivision
road, street, alley or sidewalk so improved, paved, repaved, or sewered shall have the right to
anticipate the payment of any such assessment or certificate by paying the principal amount due, with
interest accrued thereon to date of payment, and also to pay the entire amount, without interest at any
time, within thirty days following the date of the assessment.
Nothing in this section contained shall be construed to authorize the county commissions of
the various counties to acquire any road construction, ditching or paving equipment. The county
commissions are hereby authorized to rent from the state road commissioner or any other person,
firm or corporation such equipment as may be necessary from time to time, to improve any county
road or subdivision road used by the public but not in the state road system, street or sidewalk which
petitioners do not desire to have paved in a permanent manner, and for such purpose to employ such
labor as may be necessary but no expense connected therewith shall be charged to any county funds.
No county commission shall be under any duty after the paving, repaving or improvement
of any county road or subdivision road used by the public but not in the state road system, street,
alley or sidewalk or the laying of any sanitary sewer under the provisions of this section, to maintain
or repair the same, but any such commission shall have authority upon petition duly verified, signed
by at least sixty percent of the owners of property abutting upon any improvement made under this
section, to maintain or repair such improvement or sewer and to assess the cost thereof against the
owners of such abutting property in the same manner as the cost of the original improvement.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER
SYSTEMS.
§8-19-21. Specifications for water mains and water service pipes.
Considering the importance of public fire protection, any state or local government, public
service district, public or private utility which installs, constructs, maintains or upgrades water
mains, shall ensure that all new mains specifically intended to provide fire protection are supplied
by mains which are not less than six inches in diameter. Effective the first day of January, two
thousand eight, when any state or local government, public service district, public or private utility
installs, constructs or upgrades water mains, the existing hydrants shall be replaced with new or
refurbished hydrants that have an internal hydrant valve device installed which will prevent
intentional or accidental backflow contamination of the domestic water supply. Such device may
in no way delay access to the water supply for fire protection. A permit or other written approval
shall be obtained from the Department of Health and Human Resources for each hydrant or group
of hydrants installed in compliance with section nine, article one, chapter sixteen of the West
Virginia code as amended: Provided, That all newly constructed water distribution systems
transferred to a public or private utility shall have mains at least six inches in diameter where fire
flows are desired or required by the public or private utility: Provided, however, That the utility
providing service has sufficient hydraulic capacity as determined by the Department of Health and Human Resources."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2709 - "A Bill to amend and reenact §7-1-3a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §8-19-21 of said code, relating to new
requirements for fire hydrants when water mains are being installed, constructed or upgraded; and
municipal and county waterworks systems and specifications for water mains generally."
On motion of Delegate DeLong, the House refused to concur in the Senate amendments and
requested that the Senate recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Report Availability
At 8:19 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for H. B. 2498.
At 8:22 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for H. B. 2051.
Special Calendar
Third Reading
Com. Sub. for S. B. 68,
Improving coal mine health and safety;
on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 487),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Browning, M. Poling, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 68) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Delegate Long asked and obtained unanimous consent that the remarks of Delegates
Frederick, Hamilton and Caputo regarding Com. Sub. for S. B. 68, Improving coal mine health and
safety, be printed in the Appendix to the Journal.
Com. Sub. for S. B. 121, Tolling state licensure or registration requirements for active duty
military personnel; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 488),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent and Not Voting: Browning, M. Poling, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 121) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Conference Committee Report Availability
At 8:29 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for S. B. 67.
At 8:36 p.m., the Clerk announced the availability in his office of the reports of the
Committees of Conference on Com. Sub. for S. B. 541, Com. Sub. for S. B. 603 and S. B. 657.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2181, Requiring that annual reports be recorded on CD-Rom for
distribution
.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, 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 do so 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 do so 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 Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 489),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent and Not Voting: Browning, M. Poling, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2181) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2406, Providing that in the event a yearling was born in another state
and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not
apply to any pari-mutuel racing facility in Jefferson County.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §19-23-3, §19-23-10 and §19-23-13b of the Code of West Virginia, 1931, as amended,
be amended and reenacted, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
§19-23-3. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(1) 'Horse racing' means any type of horse racing, including, but not limited to, thoroughbred
racing and harness racing;
(2) 'Thoroughbred racing' means flat or running type horse racing in which each horse
participating therein is a thoroughbred and is mounted by a jockey;
(3) 'Harness racing' means horse racing in which the horses participating therein are
harnessed to a sulky, carriage or other vehicle and shall not include any form of horse racing in
which the horses are mounted by jockeys;
(4) 'Horse race meeting' means the whole period of time for which a license is required by
the provisions of section one of this article;
(5) 'Dog racing' means any type of dog racing, including, but not limited to, greyhound
racing;
(6) 'Purse' means any purse, stake or award for which a horse or dog race is run;
(7) 'Racing association' or 'person' means any individual, partnership, firm, association,
corporation or other entity or organization of whatever character or description;
(8) 'Applicant' means any racing association making application for a license under the
provisions of this article or any person making application for a permit under the provisions of this
article, or any person making application for a construction permit under the provisions of this
article, as the case may be;
(9) 'License' means the license required by the provisions of section one of this article;
(10) 'Permit' means the permit required by the provisions of section two of this article;
(11) 'Construction permit' means the construction permit required by the provisions of
section eighteen of this article;
(12) 'Licensee' means any racing association holding a license required by the provisions of
section one of this article and issued under the provisions of this article;
(13) 'Permit holder' means any person holding a permit required by the provisions of section
two of this article and issued under the provisions of this article;
(14) 'Construction permit holder' means any person holding a construction permit required
by the provisions of section eighteen of this article and issued under the provisions of this article;
(15) 'Hold or conduct' includes 'assist, aid or abet in holding or conducting';
(16) 'Racing commission' means the West Virginia Racing Commission;
(17) 'Stewards' means the steward or stewards representing the racing commission, the
steward or stewards representing a licensee and any other steward or stewards, whose duty it is to
supervise any horse or dog race meeting, all as may be provided by reasonable rules and regulations
of the racing commission, and the reasonable rules and regulations shall specify the number of
stewards to be appointed, the method and manner of their appointment and their powers, authority
and duties;
(18) 'Pari-mutuel' means a mutuel or collective pool that can be divided among those who
have contributed their wagers to one central agency, the odds to be reckoned in accordance to the
collective amounts wagered upon each contestant running in a horse or dog race upon which the pool
is made, but the total to be divided among the first three contestants on the basis of the number of
wagers on these;
(19) 'Pari-mutuel clerk' means any employee of a licensed racing association who is
responsible for the collection of wagers, the distribution of moneys for winning pari-mutuel tickets,
verification of the validity of pari-mutuel tickets and accounting for pari-mutuel funds;
(20) 'Pool' means a combination of interests in a joint wagering enterprise or a stake in such
enterprise;
(21) 'Legitimate breakage' is the percentage left over in the division of a pool;
(22) 'To the dime' means that wagers shall be figured and paid to the dime;
(23) 'Code' means the code Code of West Virginia, one thousand nine hundred thirty-one, as heretofore and hereinafter amended;
(24) 'Accredited thoroughbred horse' means a thoroughbred horse that is: (a) Foaled in West
Virginia; (b) sired by an accredited West Virginia sire; or (c) as a yearling, finished twelve
consecutive months of verifiable residence in the state, except for thirty days' grace: (A) For for the
horse to be shipped to and from horse sales where the horse is officially entered in the sales
catalogue of a recognized thoroughbred sales company, or (B) for obtaining veterinary services,
documented by veterinary reports;
(25) 'Accredited West Virginia sire' is a sire that is permanently domiciled in West Virginia,
stands a full season in West Virginia and is registered with West Virginia thoroughbred breeders
association Thoroughbred Breeders Association;
(26) 'Breeder of an accredited West Virginia horse' is the owner of the foal at the time it was
born in West Virginia;
(27) 'Raiser of an accredited West Virginia horse' is the owner of the yearling at the time it
finished twelve consecutive months of verifiable residence in the state. During the period, the raiser
will be granted one month of grace for his or her horse to be shipped to and from thoroughbred sales
where the horse is officially entered in the sales catalogue of a recognized thoroughbred sales
company. In the event the yearling was born in another state and transported to this state, this
definition does not apply after the thirty-first day of December, two thousand seven, to any pari-
mutuel racing facility located in Jefferson County; nor shall it apply after the thirty-first day of
December, two thousand twelve, and thereafter to any pari-mutuel racing facility located in Hancock
County. Prior to the horse being shipped out of the state for sales, the raiser must notify the racing
commission of his or her intentions;
(28) The 'owner of an accredited West Virginia sire' is the owner of record at the time the
offspring is conceived;
(29) The 'owner of an accredited West Virginia horse' means the owner at the time the horse
earned designated purses to qualify for restricted purse supplements provided for in section thirteen-b
of this article; and
(30) 'Registered greyhound owner' means an owner of a greyhound that is registered with
the National Greyhound Association;
(31) 'Fund' means the West Virginia Thoroughbred Development Fund established in section
thirteen-b of this article; and,
(32) 'Regular purse' means both regular purses and stakes purses.
§19-23-10. Daily license tax; pari-mutuel pools tax; how taxes paid; alternate tax; credits.
(a) Any racing association conducting thoroughbred racing at any horse racetrack in this state
shall pay each day upon which horse races are run a daily license tax of two hundred fifty dollars.
Any racing association conducting harness racing at any horse racetrack in this state shall pay each
day upon which horse races are run a daily license tax of one hundred fifty dollars. Any racing
association conducting dog races shall pay each day upon which dog races are run a daily license tax
of one hundred fifty dollars. In the event thoroughbred racing, harness racing, dog racing, or any
combination of the foregoing are conducted on the same day at the same racetrack by the same racing
association, only one daily license tax in the amount of two hundred fifty dollars shall be paid for
that day. Any daily license tax shall not apply to any local, county or state fair, horse show or
agricultural or livestock exposition at which horse racing is conducted for not more than six days.
(b) Any racing association licensed by the racing commission to conduct thoroughbred racing
and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in
addition to the daily license tax set forth in subsection (a) of this section, pay to the racing
commission, from the commission deducted each day by the licensee from the pari-mutuel pools on
thoroughbred racing a tax calculated on the total daily contribution of all pari-mutuel pools
conducted or made at any and every thoroughbred race meeting of the licensee licensed under the
provisions of this article. The tax, on the pari-mutuel pools conducted or made each day during the
months of January, February, March, October, November and December, shall from the effective
date of this section and for fiscal year one thousand nine hundred eighty-five be calculated at two
and six-tenths percent; for fiscal year one thousand nine hundred eighty-six, be calculated at two and
three-tenths percent; for fiscal year one thousand nine hundred eighty-seven, be calculated at two percent of the pool; for fiscal year one thousand nine hundred eighty-eight, be calculated at one and
one-half percent; for fiscal year one thousand nine hundred eighty-nine, be calculated at one percent
of the pool; for fiscal year one thousand nine hundred ninety, seven tenths of one percent, and for
fiscal year one thousand nine hundred ninety-one and each fiscal year thereafter be calculated at four
tenths of one percent of the pool; and, on the pari-mutuel pools conducted or made each day during
all other months, shall from the effective date of this section and for fiscal year one thousand nine
hundred eighty-five, be calculated at three and six-tenths percent; for fiscal year one thousand nine
hundred eighty-six, be calculated at three and three-tenths percent; for fiscal year one thousand nine
hundred eighty-seven, be calculated at three percent of the pool; for fiscal year one thousand nine
hundred eighty-eight, be calculated at two and one-half percent; for fiscal year one thousand nine
hundred eighty-nine, be calculated at two percent of the pool; for fiscal year one thousand nine
hundred ninety, be calculated at one and seven-tenths percent of the pool; and for fiscal year one
thousand nine hundred ninety-one and each fiscal year thereafter, be calculated at one and four-tenths
percent of the pool: Provided, That out of the amount realized from the three tenths of one percent
decrease in the tax effective for fiscal year one thousand nine hundred ninety-one and thereafter,
which decrease correspondingly increases the amount of commission retained by the licensee, the
licensee shall annually expend or dedicate: (i) One half of the realized amount for capital
improvements in its barn area at the track, subject to the racing commission's prior approval of the
plans for the improvements; and (ii) the remaining one half of the realized amount for capital
improvements as the licensee may determine appropriate at the track. The term 'capital
improvement' shall be as defined by the Internal Revenue Code: Provided, however, That any racing
association operating a horse racetrack in this state having an average daily pari-mutuel pool on
horse racing of two hundred eighty thousand dollars or less per day for the race meetings of the
preceding calendar year shall, in lieu of payment of the pari-mutuel pool tax, calculated as in this
subsection, be permitted to conduct pari-mutuel wagering at the horse racetrack on the basis of a
daily pari-mutuel pool tax fixed as follows: On the daily pari-mutuel pool not exceeding three
hundred thousand dollars the daily pari-mutuel pool tax shall be one thousand dollars plus the otherwise applicable percentage rate imposed by this subsection of the daily pari-mutuel pool, if any,
in excess of three hundred thousand dollars: Provided further, That upon the effective date of the
reduction of the daily pari-mutuel pool tax to one thousand dollars from the former two thousand
dollars, the association or licensee shall daily deposit five hundred dollars into the special fund for
regular purses established by subdivision (1), subsection (b), section nine of this article: And
provided further, That if an association or licensee qualifying for the foregoing alternate tax conducts
more than one racing performance, each consisting of up to thirteen races in a calendar day, the
association or licensee shall pay both the daily license tax imposed in subsection (a) of this section
and the alternate tax in this subsection for each performance: And provided further, That a licensee
qualifying for the foregoing alternate tax is excluded from participation in the fund established by
section thirteen-b of this article: And provided further, That this exclusion shall not apply to any
thoroughbred racetrack at which the licensee has participated in the West Virginia thoroughbred
development fund for more than four consecutive years prior to the thirty-first day of December, one
thousand nine hundred ninety-two.
(c) Any racing association licensed by the racing commission to conduct harness racing and
permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition
to the daily license tax required under subsection (a) of this section, pay to the racing commission,
from the commission deducted each day by the licensee from the pari-mutuel pools on harness
racing, as a tax, three percent of the first one hundred thousand dollars wagered, or any part thereof;
four percent of the next one hundred fifty thousand dollars; and five and three-fourths percent of all
over that amount wagered each day in all pari-mutuel pools conducted or made at any and every
harness race meeting of the licensee licensed under the provisions of this article.
(d) Any racing association licensed by the racing commission to conduct dog racing and
permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition
to the daily license tax required under subsection (a) of this section, pay to the racing commission,
from the commission deducted each day by the licensee from the pari-mutuel pools on dog racing,
as a tax, four percent of the first fifty thousand dollars or any part thereof of the pari-mutuel pools, five percent of the next fifty thousand dollars of the pari-mutuel pools, six percent of the next one
hundred thousand dollars of the pari-mutuel pools, seven percent of the next one hundred fifty
thousand dollars of the pari-mutuel pools, and eight percent of all over three hundred fifty thousand
dollars wagered each day: Provided, That the licensee shall deduct daily from the pari-mutuel tax
an amount equal to one tenth of one percent of the daily pari-mutuel pools in dog racing in fiscal year
one thousand nine hundred ninety; fifteen hundredths of one percent in fiscal year one thousand nine
hundred ninety-one; two tenths of one percent in fiscal year one thousand nine hundred ninety-two;
one quarter of one percent in fiscal year one thousand nine hundred ninety-three; and three tenths
of one percent in fiscal year one thousand nine hundred ninety-four and every fiscal year thereafter.
The amounts deducted shall be paid to the racing commission to be deposited by the racing
commission in a banking institution of its choice in a special account to be known as 'West Virginia
Racing Commission-Special Account-West Virginia Greyhound Breeding Development Fund'. The
purpose of the fund is to promote better breeding, a training facility and racing of greyhounds in the
state through awards and purses to bona fide resident registered greyhound owners of accredited
West Virginia whelped greyhounds. In order to be eligible to receive an award or purse through the
fund, the registered greyhound owner of the accredited West Virginia whelped greyhound must be
a bona fide resident of this state. To qualify as a bona fide resident of West Virginia, a registered
greyhound owner may not claim residency in any other state. A registered greyhound owner must
prove bona fide residency by providing to the commission personal income tax returns filed in the
state of West Virginia for the most recent tax year and the three previous tax years, has real or
personal property in this state on which the owner has paid real or personal property taxes during the
most recent tax year and the previous three tax years and an affidavit stating that the owner claims
no other state of residency. The racing commission and the West Virginia registered greyhound
owners and breeders association shall maintain a registry for West Virginia bred greyhounds. The
moneys shall be expended by the racing commission for purses for stake races, supplemental purse
awards, administration, promotion and educational programs involving West Virginia whelped dogs,
owned by residents of this state under rules promulgated by the racing commission. The racing commission shall pay out of the greyhound breeding development fund to each of the licensed dog
racing tracks the sum of seventy-five thousand dollars for the fiscal year ending the thirtieth day of
June, one thousand nine hundred ninety-four. The licensee shall deposit the sum into the special
fund for regular purses established under the provisions of section nine of this article. The funds
shall be expended solely for the purpose of supplementing regular purses under rules promulgated
by the racing commission.
Supplemental purse awards will be distributed as follows: Supplemental purses shall be paid
directly to the registered greyhound owner of an accredited greyhound.
The registered greyhound owner of accredited West Virginia whelped greyhounds that earn
a purse points at any West Virginia meet will receive a bonus award calculated at the end of each
month as a percentage of the fund dedicated to the owners as purse supplements, which shall be a
minimum of fifty percent of the total moneys deposited into the West Virginia greyhound breeding
development fund monthly.
The total amount of the fund available for the owners' awards shall be distributed according
to the ratio of purses points earned by an accredited greyhound to the total amount earned in races
by all accredited West Virginia whelped greyhounds for that month as a percentage of the funds
dedicated to the owners' purse supplements. The point value at all greyhound tracks shall be the
same as approved by the racing commission to be effective April 1, 2007.
The registered greyhound owner of an accredited West Virginia whelped greyhound shall file
a purse distribution form with the racing commission for a percentage of his or her dog's earnings
to be paid directly to the registered greyhound owner or owners of the greyhound. Distribution shall
be made on the fifteenth day of each month for the preceding month's achievements.
In no event shall purses points earned at a meet held at a track which did not make
contributions to the West Virginia greyhound breeder's development fund out of the daily pool on
the day the meet was held qualify or count toward eligibility for supplemental purse awards.
Any balance in the purse supplement funds after all distributions have been made for the year
revert to the general account of the fund for distribution in the following year; Provided, That not more than one million dollars from the balance in the purse supplemental fund shall be used for the
construction and maintenance of a dog training track and facilities if such be approved by the West
Virginia Racing Commission. The West Virginia Racing Commission shall be authorized to
promulgate rules governing dog training tracks.
In an effort to further promote the breeding of quality West Virginia whelped greyhounds,
a bonus purse supplement shall be established in the amount of fifty thousand dollars per annum, to
be paid in equal quarterly installments of twelve thousand five hundred dollars per quarter using the
same method to calculate and distribute these funds as the regular supplemental purse awards. This
bonus purse supplement is for three years only, commencing on the first day of July, one thousand
nine hundred ninety-three, and ending the thirtieth day of June, one thousand nine hundred
ninety-six. This money would come from the current existing balance in the greyhound development
fund.
Each pari-mutuel greyhound track shall provide stakes races for accredited West Virginia
whelped greyhounds: Provided, That each pari-mutuel track shall have one juvenile and one open
stake race annually. To assure breeders of accredited West Virginia whelped greyhounds an
opportunity to participate in the West Virginia Greyhound Breeding Development Fund the West
Virginia Racing Commission by the first day of July 1 each year shall establish and announce the
minimum number of accredited West Virginia whelped greyhounds that greyhound racing kennels
at West Virginia dog tracks must have on their racing active list during the calendar year following
such action. The minimum number may vary from dog track to dog track. The minimum number
shall be established after consultation with the West Virginia Greyhound Owners and Breeders
Association and kennel owners and operators. Factors to be considered in establishing this minimum
number shall be the number of individually registered accredited West Virginia whelped greyhounds
whelped in the previous two years. The number of all greyhounds seeking qualification at each West
Virginia dog track, the ratio of active running greyhounds to housed number of greyhounds at each
West Virginia dog track, and the size and number of racing kennels at each West Virginia dog track.
Any greyhound racing kennel not having the minimum number of accredited West Virginia whelped greyhounds determined by the West Virginia Racing Commission on their active list shall only be
permitted to race the maximum allowable number on the active list less the number of accredited
West Virginia whelped greyhounds below the established minimum number. Consistent violations
of this minimum requirement may for review by the Racing Commission and may constitute cause
for denial or revocation of a kennel's racing license. The racing commission shall oversee and
approve racing schedules and purse amounts.
Ten percent of the deposits into the greyhound breeding development fund beginning the first
day of July, one thousand nine hundred ninety-three and continuing each year thereafter, shall be
withheld by the racing commission and placed in a special revenue account hereby created in the
state treasury called the 'administration, promotion and educational and capital improvement
account'. The racing commission is authorized to expend the moneys deposited in the
administration, promotion and educational and capital improvement account at such times and in
such amounts as the commission determines to be necessary for purposes of administering and
promoting the greyhound development program: Provided, That beginning with fiscal year one
thousand nine hundred ninety-five and in each fiscal year thereafter in which the commission
anticipates spending any money from the account, the commission shall submit to the executive
department during the budget preparation period prior to the Legislature convening before that fiscal
year for inclusion in the executive budget document and budget bill, the recommended expenditures,
as well as requests of appropriations for the purpose of administration, promotion and education.
The commission shall make an annual report to the Legislature on the status of the administration,
promotion and education account, including the previous year's expenditures and projected
expenditures for the next year.
The racing commission, for the fiscal year one thousand nine hundred ninety-four only, may
expend up to thirty-five thousand dollars from the West Virginia greyhound breeding development
fund to accomplish the purposes of this section without strictly following the requirements in the
previous paragraph.
(e) All daily license and pari-mutuel pools tax payments required under the provisions of this section shall be made to the racing commission or its agent after the last race of each day of each
horse or dog race meeting, and the pari-mutuel pools tax payments shall be made from all
contributions to all pari-mutuel pools to each and every race of the day.
(f) Every association or licensee subject to the provisions of this article, including the
changed provisions of sections nine and ten of this article, shall annually submit to the racing
commission and the Legislature financial statements, including a balance sheet, income statement,
statement of change in financial position and an audit of any electronic data system used for pari-
mutuel tickets and betting, prepared in accordance with generally accepted auditing standards, as
certified by an experienced public accountant or a certified public accountant.
§19-23-13b. West Virginia Thoroughbred Development Fund; distribution; restricted races;
nonrestricted purse supplements; preference for West Virginia accredited
thoroughbreds.
(a) The Racing Commission shall deposit moneys required to be withheld by an association
or licensee in subsection (b), section nine of this article in a banking institution of its choice in a
special account to be known as 'West Virginia Racing Commission Special Account -- West
Virginia Thoroughbred Development Fund': Provided, That after the West Virginia Lottery
Commission has divided moneys between the West Virginia Thoroughbred Development Fund and
the West Virginia Greyhound Breeding Development Fund pursuant to the provisions of sections
ten and ten-b, article twenty-two-a, chapter twenty-nine of this code, the Racing Commission shall,
beginning the first day of October, two thousand five, deposit the remaining moneys required to be
withheld from an association or licensee designated to the Thoroughbred Development Fund under
the provisions of subsection (b), section nine of this article, subdivision (3), subsection (e), section
twelve-b of this article, subsection (b), section twelve-c of this article, paragraph (B), subdivision
(3), subsection (b), section thirteen-c of this article and sections ten and ten-b, article twenty-two-a,
chapter twenty-nine of this code into accounts for each thoroughbred racetrack licensee with a
banking institution of its choice with a separate account for each association or licensee. Each
separate account shall be a special account to be known as 'West Virginia Racing Commission Special Account - West Virginia Thoroughbred Development Fund' and shall name the licensee for
which the special account has been established: Provided, however, That the Racing Commission
shall deposit all moneys paid into the Thoroughbred Development Fund by a thoroughbred racetrack
licensee that did not participate in the Thoroughbred Development Fund for at least four consecutive
calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two from
the eighth day of July, two thousand five until the effective date of the amendment to this section
passed during the fourth extraordinary session of the seventy-seventh Legislature shall be paid into
the purse fund of that thoroughbred racetrack licensee: Provided further, That the moneys paid into
the Thoroughbred Development Fund by a thoroughbred racetrack licensee that did not participate
in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the
thirty-first day of December, one thousand nine hundred ninety-two, shall be transferred into that
licensee's purse fund until the first day of April, two thousand six. Notice of the amount, date and
place of the deposits shall be given by the Racing Commission, in writing, to the State Treasurer.
The purpose of the funds is to promote better breeding and racing of thoroughbred horses in the state
through awards and purses for accredited breeders/raisers, sire owners and thoroughbred race horse
owners: And provided further, That five percent of the deposits required to be withheld by an
association or licensee in subsection (b), section nine of this article shall be placed in a special
revenue account hereby created in the State Treasury called the 'Administration and Promotion
Account'.
(b) The Racing Commission is authorized to expend the moneys deposited in the
administration and promotion account at times and in amounts as the Commission determines to be
necessary for purposes of administering and promoting the thoroughbred development program:
Provided, That during any fiscal year in which the Commission anticipates spending any money from
the account, the Commission shall submit to the executive department during the budget preparation
period prior to the Legislature convening before that fiscal year for inclusion in the executive budget
document and budget bill the recommended expenditures, as well as requests of appropriations for
the purpose of administration and promotion of the program. The Commission shall make an annual report to the Legislature on the status of the administration and promotion account, including the
previous year's expenditures and projected expenditures for the next year.
(c) The fund or funds and the account or accounts established in subsection (a) of this section
shall operate on an annual basis.
(d) Funds in the Thoroughbred Development Fund or funds in the separate accounts for each
association or licensee as provided in subsection (a) of this section shall be expended for awards and
purses except as otherwise provided in this section. Annually, the first three eight hundred thousand
dollars of each fund shall be available for distribution for a minimum of fourteen accredited stakes
races at a racetrack which has participated in the West Virginia Thoroughbred Development Fund
for a period of more than four consecutive calender years prior to the thirty-first day of December,
one thousand nine hundred ninety-two. The weights for all accredited stakes races shall be weight
for age. One of the stakes races shall be the West Virginia Futurity and the second shall be the Frank
Gall Memorial Stakes. For the purpose of participating in the West Virginia Futurity only, all mares,
starting with the breeding season beginning the first day of February through the thirty-first day of
July, two thousand four, and each successive breeding season thereafter shall be bred back that year
to an accredited West Virginia stallion only which is registered with the West Virginia Thoroughbred
Breeders Association. The remaining races may The accredited stake races shall be chosen by the
committee set forth in subsection (f) of this section.
(e) Awards and purses shall be distributed as follows:
(1) The breeders/raisers of accredited thoroughbred horses that earn a purse at a participating
West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of
the fund dedicated to the breeders/raisers, which shall be sixty percent of the fund available for
distribution in any one year. The total amount available for the breeders'/raisers' awards shall be
distributed according to the ratio of purses earned by an accredited race horse to the total amount
earned in the participating races by all accredited race horses for that year as a percentage of the fund
dedicated to the breeders/raisers. However, no breeder/raiser may receive from the fund dedicated
to breeders'/raisers' awards an amount in excess of the earnings of the accredited horse at West Virginia meets. In addition, should a horse's breeder and raiser qualify for the same award on the
same horse, they will each be awarded one half of the proceeds. The bonus referred to in this
subdivision may only be paid on the first one hundred thousand dollars of any purse and not on any
amounts in excess of the first one hundred thousand dollars.
(2) The owner of a an accredited West Virginia sire of an accredited thoroughbred horse that
earns a purse in any race at a participating West Virginia meet shall receive a bonus award calculated
at the end of the year as a percentage of the fund dedicated to sire owners, which shall be fifteen
percent of the fund available for distribution in any one year. The total amount available for the sire
owners' awards shall be distributed according to the ratio of purses earned by the progeny of
accredited West Virginia stallions in the participating races for a particular stallion to the total purses
earned by the progeny of all accredited West Virginia stallions in the participating races. However,
no sire owner may receive from the fund dedicated to sire owners an amount in excess of thirty-five
percent of the accredited earnings for each sire. The bonus referred to in this subdivision shall only
be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of
the first one hundred thousand dollars.
(3) The owner of an accredited thoroughbred horse that earns a purse in any participating race
at a West Virginia meet shall receive a restricted purse supplement award calculated at the end of
the year, which shall be twenty-five percent of the fund available for distribution in any one year,
based on the ratio of the earnings in the races of a particular race horse to the total amount earned
by all accredited race horses in the participating races during that year as a percentage of the fund
dedicated to purse supplements. However, the owners may not receive from the fund dedicated to
purse supplements an amount in excess of thirty-five percent of the total accredited earnings for each
accredited race horse. The bonus referred to in this subdivision shall only be paid on the first one
hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred
thousand dollars.
(4) In no event may purses earned at a meet held at a track which did not make a contribution
to the Thoroughbred Development Fund out of the daily pool on the day the meet was held qualify or count toward eligibility for an award under this subsection.
(5) Any balance in the breeders/raisers, sire owners and purse supplement funds after yearly
distributions shall first be used to fund the races established in subsection (f) of this section. Any
amount not so used shall revert into the general account of the Thoroughbred Development Fund for
each racing association or licensee for distribution in the next year.
Distribution shall be made on the fifteenth day of each February for the preceding year's
achievements.
(f) (1) Each pari-mutuel thoroughbred horse track shall provide at least one restricted race
per racing day: Provided, That sufficient horses and funds are available. For purposes of this
subsection, there are sufficient horses if there are at least seven single betting interests received for
the race. Provided further, That, if sufficient horses and funds are available, any thoroughbred horse
racetrack whose licensee participated in the Thoroughbred Development Fund for at least four
consecutive calendar years prior to the thirty-first day of December one thousand nine hundred
ninety-two, shall provide two restricted races per racing day, at least one of which may be split at the
discretion of the racing secretary. The restricted race required by this section must be included in
the first nine races written in the condition book for that racing day.
(2) The restricted races established in this subsection shall be administered by a
three-member committee at each track consisting of:
(A) The racing secretary;
(B) A member appointed by the authorized representative of a majority of the owners and
trainers at the thoroughbred track; and
(C) A member appointed by the West Virginia Thoroughbred Breeders Association.
(3) The purses for the restricted races established in this subsection shall be twenty percent
larger than the purses for similar type races at each track or equal to or of greater value than a
comparable race: Provided, That sufficient funds are available: Provided, however, That the twenty
percent requirement is applicable only to a thoroughbred racetrack which has participated in the
West Virginia Thoroughbred Development Fund for a period of more than four consecutive calender years prior to the thirty-first day of December, one thousand nine hundred ninety-two.
(4) (3) Restricted races shall be funded by each racing association from:
(A) Moneys placed in the general purse fund up to a maximum of three hundred fifty
thousand dollars per year: Provided, That a thoroughbred horse racetrack which has did not
participated in the West Virginia Thoroughbred Development fund for a period of more than four
consecutive years prior to the thirty-first day of December, one thousand nine hundred ninety-two,
may fund restricted races in an amount not to exceed one million five three hundred fifty thousand
dollars per year from the general purse fund.
(B) Moneys as provided in subdivision (5), subsection (e) of this section, which shall be
placed in a special fund called the 'West Virginia Accredited Race Fund'.
(5) (4) The racing schedules, purse amounts and types of races are subject to the approval of
the West Virginia Racing Commission.
(6) (5) If less than seventy-five percent of the restricted races required by this subsection fail
to receive enough entries to race, the Racing Commission shall, on a quarterly basis, dedicate funds
in each fund back to the general purse fund of the racing association or licensee: Provided, That no
moneys may be dedicated back to a general purse fund if the dedication would leave less than two
hundred fifty thousand dollars in the fund.
(g) As used in this section, 'West Virginia bred-foal' means a horse that was born in the State
of West Virginia.
(h) To qualify for the West Virginia Accredited Race Fund, the breeder must qualify under
one of the following:
(1) The breeder of the West Virginia bred-foal is a West Virginia resident;
(2) The breeder of the West Virginia bred-foal is not a West Virginia resident, but keeps his
or her breeding stock in West Virginia year round; or
(3) The breeder of the West Virginia bred-foal is not a West Virginia resident and does not
qualify under subdivision (2) of this subsection, but either the sire of the West Virginia bred-foal is
a West Virginia stallion, or the mare is covered only by a West Virginia accredited stallion or stallions before December 31 of the calendar year following the birth of that West Virginia bred-foal.
(i) From the first day of July, two thousand one, West Virginia accredited thoroughbred
horses have preference for entry in all accredited races at a thoroughbred race track at which the
licensee participates in the West Virginia Thoroughbred Development Fund.
(j) Beginning the first day of July, two thousand six, any racing association licensed by the
Racing Commission to conduct thoroughbred racing and permitting and conducting pari-mutuel
wagering under the provisions of this article must have a West Virginia Thoroughbred Racing
Breeders Program.
(k) The Commission shall, during calendar year two thousand nine, conduct a study of the
adequacy of funding provided for the Thoroughbred Development Fund at any thoroughbred
racetrack which has not participated in the West Virginia Thoroughbred Development Fund for a
period of more than four consecutive calendar years prior to the thirty-first day of December, one
thousand nine hundred ninety-two, and shall report its findings and recommendations to the Joint
Committee on Government and Finance on or before the first day of December, two thousand nine."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2406 - "A Bill to amend and reenact §19-23-3 of the Code of West
Virginia, 1931, as amended, and to amend and reenact the provisions of §19-23-13b, all relating to
horse and dog racing generally; providing that in the event a yearling was born in another state and
transported to this state, the definition of 'Raiser of an accredited West Virginia horse' does not
apply to any pari-mutuel racing facility in Jefferson County; providing for a five-year sunset
provision relative to the applicability of this definition at any pari-mutuel racing facility Jefferson
County; requiring accreditation to the qualification of a West Virginia sire; adding a minimum of
fourteen stakes horse races at Charles Town for restricted races; adding two restricted per racing day
where sufficient horses and purse funds are available; providing funding for additional races at
Charles Town; and continuing limitation on certain purse funds at Mountaineer Park."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 490), and there were--yeas
78, nays 20, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Canterbury, Cowles, Evans, Ireland, Lane, C. Miller, Moye,
Overington, Porter, Rodighiero, Romine, Rowan, Schadler, Sobonya, Stephens, Sumner and Tansill.
Absent and Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2406) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Special Calendar
Third Reading
S. B. 667, Creating WV Andrew J. Trail Purple Heart Recipient College Bill of Rights Act
of 2007; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 491),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 667) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was
reported by the Clerk and adopted, amending the title to read as follows:
S. B. 667 - "A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as
amended; and to further amend said code by adding thereto a new section, designated §18B-10-10,
all relating to providing certain student financial aid for certain military service; providing for the
payment of tuition and certain fees for members of the West Virginia Army National Guard and West Virginia Air National Guard enrolled in certain graduate study; and providing tuition and
certain fee waivers to certain military recipients of the Medal of Honor or a Purple Heart Medal."
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 492), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 667) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Report Availability
At 8:42 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on H. B. 2568.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2558, Relating to donation and transfer of surplus personal computers
and other information systems, technology and equipment for educational purposes.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, 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,
article two, chapter eleven-b of this code 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 employee defined as exempt from the wage and hour provisions of the Fair Labor
Standards Act of 1938, as amended, 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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 493), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Anderson, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2558) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 494), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Anderson, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2558) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2588, Reimbursing tuition and fees for courses for the renewal of
teaching certificates.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
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".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 495), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Anderson, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2588) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 496), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2588) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more
than every two thousand feet on all new installation of water mains.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Fanning, Stollings and Facemyer.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Varner, Wysong and Lane.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water,
telecommunications, electric and solid waste service.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Jenkins, Hunter and Barnes.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Pino, Stemple and Hamilton.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Conference Committee Report Availability
At 8:53 p.m., the Clerk announced the availability in his office of the reports of the
Committees of Conference on Com. Sub. for H. B. 2709 and S. B. 747.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2763, Relating to persons performing financial examinations of
insurers.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §33-7-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §33-33-2 and §33-33-6 of said code be amended and reenacted, all to read as follows:
ARTICLE 7. ASSETS AND LIABILITIES.
§33-7-3. Assets not allowed.
In addition to assets impliedly excluded by the provisions of section one of this article, the
following expressly shall not be allowed as assets in any determination of the financial condition of
an insurer:
(a) Goodwill, trade names and other like intangible assets.
(b) Advances to officers (other than policy loans) whether secured or not, and advances to
employees, agents and other persons on personal security only.
(c) Stock of the insurer, owned by it, or any equity therein or loans secured thereby, or any
proportionate interest in the stock acquired or held through the ownership by the insurer of an
interest in another firm, corporation or business unit.
(d) Furniture, fixtures, furnishings, safes, vehicles, libraries, stationery, literature and
supplies, and except, in the case of any insurer, personal property the insurer is permitted to hold
pursuant to article eight of this chapter, or which is acquired through foreclosure of chattel mortgages
acquired pursuant to said article or which is reasonably necessary for the maintenance and operation
of real estate lawfully acquired and held by the insurer other than real estate used by it for home
office, branch office and similar purposes.
(e) The amount, if any, by which the aggregate book value of investments as carried in the
ledger assets of the insurer exceeds the aggregate value thereof as determined under this chapter.
(f) Receivables due from affiliates, unless the receivables are already in transit and under the
control of the insurer.
ARTICLE 33. ANNUAL AUDITED FINANCIAL REPORT.
§33-33-2. Definitions.
(a) 'Accountant' and 'independent certified public accountant' means an independent
certified public accountant or accounting firm in good standing with the American Institute of
Certified Public Accountants and in all states in which the accountant is licensed to practice; for
Canadian and British companies, the terms mean a Canadian-chartered or British-chartered
accountant.
(b) 'Annual statement' means the annual financial statement required to be filed by insurers
with the commissioner pursuant to the provisions of this chapter.
(c) 'Audited financial report' means and includes those items specified in section four of this
article.
(d) 'Indemnification' for the purposes of this article means an agreement of indemnity or a
release from liability where the intent or effect of the agreement or release is a shifting or a limitation
to any degree of the potential liability to the person or firm for failure to adhere to applicable auditing
or other professional standards regardless of whether the potential liability arises from known
misrepresentations made by the insurer or its representatives.
(d) (e) 'Insurer' for purposes of this article means any domestic insurer as defined in section
six, article one of this chapter and includes any domestic stock insurance company, mutual insurance
company, reciprocal insurance company, farmers' mutual fire insurance company, fraternal benefit
society, hospital service corporation, medical service corporation, health care corporation, health
maintenance organization, captive insurance company or risk retention group and any licensed
foreign or alien insurer defined in article one of this chapter.
(e) (f) 'Workpapers' means and includes audit planning documentation, work programs,
analyses, memoranda, letters of confirmation and representation, abstracts of company documents
and schedules or commentaries prepared or obtained by the independent certified public accountant
in the course of the examination of the financial statements of an insurer and which support the
opinion thereon.
§33-33-6. Qualifications of independent certified public accountants.
(a) The commissioner shall may not recognize any person or firm as a qualified independent
certified public accountant for purposes of performing the annual audited financial report that is if
the person or firm:
(1) Is not in good standing with the American Institute of Certified Public Accountants and
in all states in which the accountant is licensed to practice, or, for a Canadian or British company,
that is not a chartered accountant; or
(2) Has either directly or indirectly entered into an indemnification with respect to an audit
of the insurer.
(b) Except as otherwise provided herein, the commissioner shall recognize an independent
certified public accountant shall be recognized as qualified as long as he or she conforms to the
standards of his or her profession, as contained in the Code of Professional Ethics of the American
Institute of Certified Public Accountants and the Rules and Regulations and Code of Ethics and
Rules of Professional Conduct of the West Virginia Board of Accountancy.
(c) A qualified independent certified public accountant may enter into an agreement with an
insurer to have disputes relating to an audit resolved by mediation or arbitration. In the event a
delinquency proceeding is commenced against the insurer under article ten of this chapter, the
mediation or arbitration provisions shall operate at the option of the receiver.
(c) (d) No partner or other person responsible for rendering a report may act in that capacity
for more than seven consecutive years. Following any a period of service the person shall be
disqualified from acting in that or a similar capacity for the same company or its insurance
subsidiaries or affiliates for a period of two years. An insurer may make application to the
commissioner for relief from the above rotation requirement on the basis of unusual circumstances.
The commissioner may consider the following factors in determining if the relief should be granted:
(1) Number of partners, expertise of the partners or the number of insurance clients in the
currently registered firm;
(2) Premium volume of the insurer; or
(3) Number of jurisdictions in which the insurer transacts business. Provided, That the requirements of this subsection shall become effective two years after the enactment of this article
(d) (e) The commissioner shall may not recognize as a qualified independent certified public
accountant, nor accept any annual audited financial report, prepared in whole or in part by, any
natural person who:
(1) Has been convicted of fraud, bribery, a violation of the Racketeer Influenced and Corrupt
Organizations Act, 18 U.S.C. Sections 1961-1968, or any dishonest conduct or practices under
federal or state law;
(2) Has been found to have violated the insurance laws of this state with respect to any
previous reports submitted under this article; or
(3) Has demonstrated a pattern or practice of failing to detect or disclose material information
in previous reports filed under the provisions of this article.
(e) (f) The commissioner may hold a hearing to determine whether a certified public
accountant is qualified and considering the evidence presented, may rule that the accountant is not
qualified for purposes of expressing an opinion on the financial statements in the audited financial
report made pursuant to this article and require the insurer to replace the accountant with another
whose relationship with the insurer is qualified within the meaning of this article."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 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."
Delegate Campbell requested to be excused from voting on the passage of Com. Sub. for H.
B. 2763 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 497),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: M. Poling, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2763) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2831, Relating to transfer of development rights; eliminating the five year ordinance
waiting period.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, 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;
(2) Recordation of the date of each transfer;
(3) The names of the transferor and transferee;
(4) A description of the property; and may provide for
(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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
Delegate Walters requested to be excused from voting on the passage of H. B. 2831 under
the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 498), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2831) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Conference Committee Report Availability
At 9:01 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for H. B. 3161.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2945, Providing for tax credits for apprenticeship training in
construction trades.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, section one, line six, after the word "trades" by inserting the words "who are
registered with the United States Department of Labor, Office of Apprenticeship, West Virginia
State Office".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 499), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2945) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 3018, Limiting the duplication of publication costs in the administration of certain
estates.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page four, section fourteen-a, line fifty, after "(a)"and the period, by striking out the
remainder of the subdivision and inserting in lieu thereof the words "In the event that an unpaid
creditor files a claim, the fiduciary commissioner shall conduct a hearing on the claim filed by the
creditor, otherwise, the fiduciary commissioner shall conclude the administration of the estate as
requested by the interested party."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 500), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3018) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 35 - "Urging Congress reauthorize the State Health Insurance Program which assures
federal funding for the West Virginia Children's Health Insurance Program."
Whereas, Children's health is of paramount importance to West Virginia families; and
Whereas, Poor health of children is a threat to their educational achievement, as well as
their social and psychological well-being; and
Whereas, The West Virginia Children's Health Insurance Program, which has enrolled more
than 87,000 uninsured children since its inception in 1998, has proven to be an integral part of the arrangements for health benefits for the children of our state; and
Whereas, Federal funding for the West Virginia Children's Health Insurance Program is
indispensable to providing health benefits for children of modest means; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to reauthorize the State Health Insurance Program
which assures federal funding for the West Virginia Children's Health Insurance Program; and, be
it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the President of the United States, the Secretary of the United States Department of
Health and Human Services, the President Pro Tempore of the United States Senate, the Speaker of
the United States House of Representatives, the Secretary of the Senate, the Clerk of the House of
Representatives and each member of West Virginia's congressional delegation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 54 - "Requesting the Joint Committee on Government and Finance study
developing statutes and rules to provide for sequestration of greenhouse gases."
Whereas, Legislative action regarding the regulation of greenhouse gas emissions from
fossil fuels are a source of debate at the federal level; and
Whereas, Regulation concerning sequestration of any greenhouse gases will be the
responsibility of the states; and
Whereas, West Virginia statutes and rules do not comprehensively address sequestration
of greenhouse gases; and
Whereas, The viability of new energy projects within the state require assurances to
investors on the impact of such statutes and rules; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study
developing statutes and rules to provide for sequestration of greenhouse gases; and, be it
Further Resolved, That the study identify legislative options for the state to create an
environment which produces a competitive advantage for West Virginia in attracting new fossil fuel
projects through comprehensive greenhouse gas sequestration statutes and rules; and, be it
Further Resolved, That the study include physical and regulatory analogies for regulatory
oversight and management of liability created by sequestration of greenhouse gases; and, be it
Further Resolved, That the study clarify equitable mechanisms for the compensation of
mineral owners for greenhouse gases sequestration and those sequestering for incremental mineral
production; and, be it
Further Resolved, That the study identify the legislative parameters that should be imposed
on predictive models and monitoring of sequestered greenhouse gases; and, be it
Further Resolved, That the study identify means by which regulatory compliance can limit
liability; and, be it
Further Resolved, That the study describe options for statute of limitations for greenhouse
gases that might be sequestered through multiple generations; and, be it
Further Resolved, That the study clarify the ownership of the pore spaces in mineral deposits
once natural gas and/or petroleum have been recovered, as well as the ownership of sequestered
greenhouse gases; and, be it
Further Resolved, That the study clarify the role of the Underground Injection Control
Program in greenhouse gas sequestration; 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 57 - "Requesting the Joint Committee on Government and Finance study intrastate
natural and methane gas pipeline capacity in the State of West Virginia."
Whereas, West Virginia has a number of small natural and coalbed methane gas producers
which, for purposes of this resolution, are defined to include any natural gas producers and coalbed
methane producers with an average production of 100,000 cubic feet of natural or methane gas or
less per day within a pipeline; and
Whereas, Concern has been raised concerning the availability of intrastate pipeline capacity
to transport natural and coalbed methane gas produced within the State of West Virginia by small
producers; and
Whereas, The Legislature wishes to assure the availability of adequate pipeline capacity to
transport such natural and methane gas and that such natural and methane gas is transported
consisted with the protection of the environment and the husbandry of the state's natural resources;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study intrastate
natural and methane gas pipeline capacity in the State of West Virginia; and, be it
Further Resolved, That the Public Energy Authority shall design and conduct, or contract to
have conducted, a comprehensive study of the availability of intrastate pipeline to transport natural
and methane gas produced by small natural and coalbed methane gas producers in the state and
report to the Joint Committee on Government and Finance on or before December 31, 2007; and,
be it
Further Resolved, That if the Public Energy Authority concludes that insufficient pipeline
capacity currently exists, the authority is directed to include in its report to the Joint Committee on Government and Finance on or before December 31, 2007, detailed recommendations as to how to
remedy that insufficiency and assure the availability of adequate pipeline capacity at a reasonable
cost, including, without limitation, ways in which the authority can assist in the development of such
capacity using the powers granted to it under chapter five-d of the Code of West Virginia, 1931, as
amended; and, be it
Further Resolved, That the Public Energy Authority prepare and submit a request to the Joint
Committee on Government and Finance setting forth the amount of any funds in addition to the
current amounts appropriated to the Public Energy Authority which are necessary to carry out the
study required herein and a specific proposal for the needed additional funds; 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 58 - "Requesting the Joint Committee on Government and Finance study methods
to encourage recipients of the PROMISE scholarship to remain in West Virginia after completing
undergraduate education.
Whereas, Data collected from PROMISE scholars indicates that a majority of these
individuals plan to live and work in states other than West Virginia after graduation; and
Whereas, Recipients of the PROMISE scholarship have much to contribute to the social,
economic and cultural well-being of the state; and
Whereas, It is the desire of the Legislature to provide an incentive for these students to remain in West Virginia at the end of their undergraduate careers; and
Whereas, It is also the desire of the Legislature to provide a mechanism whereby PROMISE
scholars may repay all or part of their loan by rendering service to the state and its citizens; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study methods
to encourage recipients of the PROMISE scholarship to remain in West Virginia after completing
undergraduate education; and, be it
Further Resolved, That the Joint Committee on Government and Finance consider in its study
the feasibility and desirability of operating the PROMISE scholarship program as a loan program
with provisions for loan forgiveness for graduates who live and work 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 62 - "Requesting the Division of Highways name the new bridge replacing the Low
Water Bridge in Berkeley County the 'Allensville Memorial Bridge'."
Whereas, After many years of requesting the replacement of the Low Water Bridge, the
Division of Highways approved the construction and the new bridge was built in 2006. The Blue
Heron Environmental Network, Inc., of Hedgesville, Berkeley County, was instrumental in gaining
support for the new bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new bridge
replacing the Low Water Bridge in Berkeley County the "Allensville 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 "Allensville 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 65 - "Requesting the Joint Committee on Government and Finance study developing
tourism attractions and amenities in less-developed counties of West Virginia."
Whereas, West Virginia is rich with cultural and historical sites, most of which are located
in rural areas of the state; and
Whereas, Workforce development is essential to benefit small tourism entities and rural
areas of West Virginia; and
Whereas, It is in the best interests of the state to induce the creation, expansion and
improvement of tourism attractions and amenities within the counties of West Virginia that are less
developed and have high unemployment rates; and
Whereas, The development of tourism attractions and amenities will help relieve
unemployment by preserving and creating jobs in counties that are less developed, as well as
generate tax revenues for the support of essential public services in those counties; and
Whereas, A thorough study should examine how to attract the development of tourism
attractions and amenities in counties of West Virginia that are less developed. This study should
include discussions of possible tax incentives to be offered in order to enlarge the interests of
businesses and investors; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study
developing tourism attractions and amenities in less developed counties of 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 68 - "Requesting the Joint Committee on Government and Finance study the
economic impact of state and federal prevailing wage laws in West Virginia."
Whereas, The Legislature desires to provide the citizens of this state with a sustainable
working wage while maximizing the economic and financial returns from state expenditures; and
Whereas, A need exists to analyze the benefits and costs associated with the mandates of
various prevailing wage laws, including the prevailing wage laws of this state, as well as federal laws
such as the Davis-Bacon Act; and
Whereas, The Legislature needs to examine the effect of these laws on development
opportunities, taxpayer spending and potential taxpayer savings; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
economic impact of state and federal prevailing wage laws in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 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 decision making 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, 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 80 - "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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 82 - "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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 83 - "Requesting the Joint Committee on Government and Finance study financial incentives for permitting public recreational use of certified managed timberland."
Whereas, The State of West Virginia's rural character, natural wonders, scenic beauty and
recreational opportunities combine to create an exceptional quality of life for its citizens; and
Whereas, West Virginia landscapes serve to support vital timber and agricultural industries
and draw tourists from around the world; and
Whereas, West Virginia's public and private forest lands provide West Virginians hunting,
fishing, hiking, sight-seeing, photography, cross-country skiing and other recreational opportunities
important to their health and well-being; and
Whereas, The Division of Natural Resources seeks to provide additional lands for West
Virginians to engage in such recreational opportunities; and
Whereas, The West Virginia Legislature has found and declared in section eleven, article
one-c, chapter eleven of the West Virginia Code that the public welfare is enhanced by encouraging
and sustaining the abundance of high quality forest land within the state; and
Whereas, Economic pressures may force industrial, residential or other land development
inconsistent with sustaining the forests; and
Whereas, Tax policy should provide an incentive for private owners of forest land to
preserve the character and use of land as forest land and to make management decisions which
enhance the quality of the future forest; and
Whereas, In exercising the authority granted to it by the provisions of section fifty-three,
article VI of the Constitution of West Virginia, the Legislature declared and provided that managed
timberland shall be valued as managed timberland when it is managed under a cooperative contract
with the division of forestry; and
Whereas, Eighty-three percent of West Virginia's forests are owned by nonindustrial private
landowners; and
Whereas, The Division of Natural Resources seeks to engage in the leasing of managed
timberlands to provide all West Virginians with new opportunities for recreational activities
important to their health and well-being; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study financial
incentives for permitting public recreational use of certified managed timberland; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the tax rate
and assessment incentive methods for managed timberland areas to promote the opening of managed
timberlands for these recreational opportunities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its finding, 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 84 - "Requesting the Joint Committee on Government and Finance study the need
for legislation that would permit a tractor-semitrailer combination with six axles and two additional
brakes, and carrying a maximum gross weight of 97,000 pounds, to be operated on the system of
interstate and defense highways in this state."
Whereas, The nation's cost of shipping freight has a profound effect on the country's
economy; and
Whereas, The share of the nation's freight costs borne by trucking is slightly above 80
percent; and
Whereas, A study by the National Research Council foresees that tractor-trailer productivity
could be improved substantially by permitting the operation of combinations with six or more axles
and an increased payload, without having an adverse impact on roads and bridges; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need
for legislation that would permit a tractor-semitrailer combination with six axles and two additional
brakes, and carrying a maximum gross weight of 97,000 pounds, to be operated on the system of
interstate and defense highways in this state; 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 85 - "Requesting the Joint Committee on Government and Finance study the need
for legislation facilitating the acquisition of a failed water or sewer utility by a capable water or
sewer public utility that is financially, managerially and technically capable of acquiring and
operating the failed water or sewer utility in compliance with applicable statutory and regulatory
standards."
Whereas, There is an increasing number of water or sewer utilities of this state that are in
violation of statutory or regulatory standards which affect the safety, adequacy, efficiency or
reasonableness of the service provided by those water or sewer utilities; and
Whereas, There is often a failure to comply, within a reasonable period of time, with any
order of the Department of Environmental Protection or Bureau for Public Health or the Public
Service Commission concerning the safety, adequacy, efficiency or reasonableness of service,
including, but not limited to, the availability of water, the potability of water, the palatability of water or the provision of water at adequate volume and pressure; and
Whereas, Many of these failed water or sewer utilities cannot reasonably be expected to
furnish and maintain adequate, efficient, safe and reasonable service and facilities in the future;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need
for legislation facilitating the acquisition of a failed water or sewer utility by a capable water or
sewer public utility that is financially, managerially and technically capable of acquiring and
operating a failed water or sewer utility in compliance with applicable statutory and regulatory
standards; 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.
Conference Committee Report Availability
At 9:06 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on S. B. 336.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
S. C. R. 25, Requesting Division of Highways name bridge on U. S. Route 52 in Landgraff,
McDowell County, "Luke Simplicio Memorial Bridge",
S. C. R. 26, Requesting Division of Highways name bridge on U. S. Route 60, St. Albans,
Kanawha County, "Earl Henry Curnutte Bridge",
S. C. R. 27, Requesting Division of Highways name bridge on State Route 119, Mingo
County, "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge",
S. C. R. 28, Designating December, 2007, as "West Virginia Legislature's Back to School
Month",
S. C. R. 30, Requesting Division of Highways name Harvey Street bridge in Williamson,
Mingo County, "Pete Dillon Bridge",
And,
S. C. R. 61, Authorizing issuance of revenue bonds to fund capital improvements for state
community and technical colleges,
And reports the same back with the recommendation that they each be adopted.
At the request of Delegate DeLong, and by unanimous consent, the resolutions (S. C. R. 25,
S. C. R. 26, S. C. R. 27, S. C. R. 28, S. C. R. 30 and S. C. R. 61) were each taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and
reported with the recommendation that it be adopted), which was read by its title as follows:
Originating in the Committee on Rules:
H. C. R. 97 - "Urging Workforce West Virginia to post on its official website a registry of
all business approved to do business with the State."
Whereas, The Legislature has found that minority business ownership is proportionately less
than minority business ownership nationwide and statewide; and
Whereas, The Legislature wishes to encourage meaningful participation of minorities in the
process of competing for and awarding of State contracts for goods and services; and
Whereas, Public knowledge of minority business owners may assist in improving the support and expansion of minority-owned business; and
Whereas, An accessible registry of all businesses approved to do business with the State
and with the Department of Transportation could prove to be a great asset in improving the number
of State contracts awarded to minority-owned businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Workforce West Virginia to post on its official website a
registry of all business approved to do business with the State; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Director of Workforce West Virginia.
At 9:09 p.m., on motion of Delegate DeLong, the House of Delegates recessed for fifteen
minutes, and reconvened at that time.
Conference Committee Report
Delegate Brown, from the Committee of Conference on matters of disagreement between the
two houses, as to
Com. Sub. for H. B. 2670, Authorizing the Department of Commerce to promulgate
legislative rules,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the Senate to Com. Sub. for H. B. 2670 having met, after full and free conference,
have agreed to recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to amendments of the Senate
striking out everything following the enacting section and inserting new language, and agreeing to
the same as follows:
ARTICLE 10. AUTHORIZATION FOR DEPARTMENT OF COMMERCE TO
PROMULGATE LEGISLATIVE RULES.
§64-10-1. Office of Miners Health Safety and Training.
(a) The legislative rule filed in the State Register on the twenty-seventh day of April, two thousand six, authorized under the authority of section six, article two, chapter twenty-two-a, section
thirty-eight, article two, chapter twenty-two-a and section fifty-five, article two, chapter twenty-two-a
of this code, modified by the Office of Miners Health Safety and Training to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth
day of January, two thousand seven, relating to the Office of Miners Health Safety and Training
(protective clothing and equipment, 56 CSR 4), is authorized with the following amendments:"
On page one, subsection 1.1., by striking out the words "these emergency rules" and inserting
in lieu thereof the words "this rule".
On page one, subsection 2.1., by striking out the word "State's" and inserting in lieu thereof
the word "state's".
On page one, subsection 2.1., line four, by striking out the words "these legislative rules" and
inserting in lieu thereof the words "this rule".
On page two, subsection 2.2., by striking out the words "these rules" and inserting in lieu
thereof the words "this rule".
On page two, subsection 3.1., by striking out the words "as they are defined" and inserting
in lieu thereof the word "used".
On page two, subsection 3.2., by striking out the words "shall mean" and inserting in lieu
thereof the word "means".
On page two, subsection 3.3., by striking out the words "shall herein refer" and inserting in
lieu thereof the word "means".
On page three, subsection 4.1., by striking out the words "these rules" and inserting in lieu
thereof the words "this rule".
On page four, subsection 5.2., by striking out "department of labor" and inserting in lieu
thereof "Department of Labor".
On page four, subsection 5.2., after the word "Provided," by striking out "However,".
On page four, subsection 5.3., line three, after the word "training" by striking out the comma
and the word "provided" and inserting in lieu thereof a colon and the words "Provided, That" and by striking out the word "manufacturers" and inserting in lieu thereof the word "manufacturers'".
On page four, subsection 5.3., after the words "limited to" by changing the semi-colon to a
colon.
On page five, subsection 6.1., by striking out the words "these rules" and inserting in lieu
thereof the words "this rule".
On page five, subsection 6.2., by striking out the words "these rules" and inserting in lieu
thereof the words "this rule".
On page eight, subparagraph 6.10.4.a.1., by striking out §56-4-6 and inserting in lieu thereof
"56 CSR 4-6."
On page nine, subsection 6.14., by striking out the words "these rules" and inserting in lieu
thereof the words "this rule".
On page nine, by striking out subsection 6.15. in its entirety.
On pages ten and eleven, by striking out subsection 7.4. in its entirety.
On page eleven, by redesignating subdivision 8.1.1. as subsection 8.2. and redesignating the
remaining subsections accordingly.
On page eleven, by redesignating subdivision 8.3.1. as subsection 8.5. and redesignating the
remaining subsections accordingly.
On page fifteen, subsection 8.13., by striking out the words "these rules" and inserting in lieu
thereof the words "this rule".
On pages fifteen and sixteen, by striking out subsection 8.15. in its entirety.
On page seventeen, subsection 9.10., by striking out the words "these rules" and inserting in
lieu thereof the words "this rule".
And,
On page twenty, by striking out subsection 9.18. in its entirety.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two
thousand six, authorized under the authority of sections six and thirty-eight, article one, chapter
twenty-two-a of this code, modified by the Office of Miners Health Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on
the eighteenth day of January, two thousand seven, relating to the Office of Miners Health Safety and
Training (standards for certification of coal mine electricians, 48 CSR 7), is authorized, with the
following amendments:
On page three, subsection 4.1., by striking out the words "Section 8.2.1." and inserting in lieu
thereof the words "8.3 ".
On page four, section five, by designating the last two paragraphs of the section as
subsections 5.2. and 5.3., respectively.
On page four, section six, by designating the second paragraph of the section as subsection
6.2. and by redesignating the following subsection accordingly.
On page five, section six, by designating the last paragraph of the section as subsection 6.4.
On page five, subsection 8.1., by striking out the words "Section 8.2.1." and inserting in lieu
thereof the words "Section 8.3 ".
On pages five and six, by striking out subdivision 8.2.1. in its entirety and inserting in lieu
thereof the following:
"8.3. Criteria and standards for alternative electrical training programs must be adopted by
unanimous approval of the Director and the Board of Miner Training, Education and Certification.
An alternative electrical training program will not become effective until approved by the Secretary
of State as an emergency rule or by the Legislature as an amendment to this rule." and redesignating
the remaining subsection accordingly.
And,
On page six, section nine, by designating the last paragraph of the section as subsection 9.3.".
§64-10-2. Bureau of Employment Programs.
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand
six, authorized under the authority of section six, article two, chapter twenty-one-a, of this code,
modified by the Bureau of Employment Programs to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the twelfth day of January, two thousand seven, relating to the Bureau of Employment Programs (requiring state agencies to revoke
or not to grant, issue or renew approval documents with employing units on the bureau's default list,
96 CSR 1), is authorized.
§64-10-3. Division of Forestry.
The legislative rule filed in the State Register on the twenty-second day of June, two
thousand six, authorized under the authority of section three-a, article one-a, chapter nineteen, of this
code, modified by the Division of Forestry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the twelfth day of January, two thousand
seven, relating to the Division of Forestry (ginseng, 22 CSR 1), is authorized, with the following
amendments:
On page two, section three, by striking out "3.1.".
On page three, by redesignating subdivision 6.1.1. as subsection 6.2. and by redesignating
the remaining subsections accordingly.
On page four, section seven, by striking out "7.1.
On page four, section eight, by striking out "8.1.
On page five, by redesignating subdivision paragraph 9.2.2.1. as subdivision 9.2.2.
On page five, section ten, by striking out "10.1.
On page six, section eleven, by striking out "11.1.
And,
On page six, subsection 13.2., after the words "Freedom of Information Act" by striking out
the remainder of the subsection and inserting in lieu thereof the following: "as having a significant
commercial value to the extent permitted by W. Va. Code §29B-1-4(1).".
§64-10-4. Division of Natural Resources.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two
thousand six, authorized under the authority of section twenty-three-a, article two, chapter twenty,
of this code, relating to the Division of Natural Resources (commercial whitewater outfitters, 58
CSR 12), is authorized.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two
thousand six, authorized under the authority of section seven, article one, chapter twenty, of this
code, relating to the Division of Natural Resources (special boating rules, 58 CSR 26), is authorized.
(c) The legislative rule filed in the State Register on the twenty-eighth day of July, two
thousand six, authorized under the authority of section seven, article one, chapter twenty, of this
code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the eighteenth day of December, two
thousand six, relating to the Division of Natural Resources (deer hunting, 58 CSR 50), is authorized.
(d) The legislative rule filed in the State Register on the twenty-eighth day of July, two
thousand six, authorized under the authority of section seven, article one, chapter twenty, of this
code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the second day of November, two
thousand six, relating to the Division of Natural Resources (wildlife disease management, 58 CSR
69), is authorized, with the amendments:
On page two, subsection 2.3, line eight, after the word "landscape" and the period, by striking
the remainder of the subsection and inserting in lieu thereof, the following: "The Director shall, at
least annually after the establishment of a containment area, review and evaluate any and all new
information relating to wildlife disease epidemiology and surveillance to determine whether any such
designation of a containment area should be modified or rescinded and shall report these findings
to the Natural Resources Commission. Prior to the establishment of a containment area, the Director
shall consult with:
2.3.a. wildlife biologists within the Wildlife Resources Section that are knowledgeable of
wildlife diseases;
2.3.b. a Department of Agriculture veterinarian knowledgeable of wildlife diseases;
2.3.c. conservation officers familiar with local and regional landscape features; and
2.3.d. the Natural Resources Commission.";
And,
One page three, by striking subsection 4.1 and inserting the following, "4.1. It is illegal to
feed cervids or other wildlife in a containment area as determined by the Director and established
for the management, control or eradication of chronic wasting disease, bovine tuberculosis, avian
influenza or other wildlife diseases. Provided, that song and insectivorous birds may be fed so long
as the person or persons feeding the same shall not do so in a manner that causes a congregation of
cervids or other wildlife or in a manner that said person or persons reasonably should have known
would cause a congregation of cervids or other wildlife Provided further, that captive cervids may
be fed inside cervid facilities permitted by the Division of Natural Resources."
(e) The legislative rule filed in the State Register on the twenty-eighth day of July, two
thousand six, authorized under the authority of section seven, article one, chapter twenty, of this
code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the second day of November, two
thousand six, relating to the Division of Natural Resources (public use of campgrounds and
recreation areas in West Virginia state wildlife management areas under the Division of Natural
Resources, 58 CSR 70), is authorized, with the following amendments:
On page one, subsection 2.2., by striking out the word "shall" and inserting in lieu thereof
the word "may".
On page two, section three, by striking out "3.1."
On page two, subsection 2.18., by striking out the word "shall" and inserting in lieu thereof
the word "may".
On page two, by striking out subsection 3.2. in its entirety.
And,
That both houses recede from their respective positions as to the title of the bill and agree to
a new title as follows:
Com. Sub. for H. B. 2670 - "A Bill to amend and reenact article 10, chapter 64 of the code
of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the Department of Commerce and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative
agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee and as amended by the Legislature; authorizing the Office of
Miners Health, Safety and Training to promulgate a legislative rule relating to protective clothing
and equipment; authorizing the Office of Miners Health, Safety and Training to promulgate a
legislative rule relating to standards for certification of coal mine electricians; authorizing the Bureau
of Employment Programs to promulgate a legislative rule relating to requiring agencies to revoke
or not grant issue or renew approval documents with employing units on the Bureau's default list;
authorizing the Division of Forestry to promulgate a legislative rule relating to ginseng; authorizing
the Division of Natural Resources to promulgate a legislative rule relating to commercial whitewater
outfitters; authorizing the Division of Natural Resources to promulgate a legislative rule relating to
special boating rules; authorizing the Division of Natural Resources to promulgate a legislative rule
relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative
rule relating to wildlife disease management; and authorizing the Division of Natural Resources to
promulgate a legislative rule relating to public use of campgrounds and recreation areas in West
Virginia state wildlife management areas under the Division of Natural Resources.
Respectfully submitted,
Bonnie Brown,John Pat Fanning,
William Stemple,Randy White,
Bill Hamilton,Clark S. Barnes,
Conferees on the part Conferees on the part
of the House of Delegates.of the Senate.
On motion of Delegate DeLong, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 501),
and there were--yeas 63, nays 35, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Amores, Anderson, Andes, Armstead, Ashley, Border, Cann, Canterbury, Carmichael,
Cowles, Crosier, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Ireland, Lane, Michael, C. Miller, J.
Miller, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Stalnaker, Sumner, Tabb, Tansill,
Walters, Williams and Wysong.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2670) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 502), and there were--yeas 77, nays
20, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Border, Canterbury, Carmichael, Duke, Eldridge, Evans, Ireland,
Michael, C. Miller, J. Miller, Schoen, Sobonya, Stalnaker, Sumner, Tabb, Tansill, Walters and
Williams.
Absent And Not Voting: Talbott, Ron Thompson and Wysong.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2670) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Special Calendar
Third Reading
S. B. 749, Relating to corporation net income tax; on third reading, coming up in regular
order, with the restricted right to amend, was reported by the Clerk.
On motion of Delegate White, the bill was amended on page one, following the enacting
clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §11-23-6 and §11-23-27 of the Code of West Virginia, 1931, as amended, be amended
and reenacted; that said code be amended by adding thereto a new section, designated §11-23-5b;
that §11-24-1, §11-24-3a, §11-24-7, §11-24-13a and §11-24-24 of said code be amended and
reenacted; and that said code be amended by adding thereto four new sections, designated §11-24-
13c, §11-24-13d, §11-24-13e and §11-24-13f, all to read as follows:
ARTICLE 23. BUSINESS FRANCHISE TAX.
§11-23-5b. Apportionment of income of Financial organizations.
Notwithstanding any other provisions of this article or this code to the contrary, for tax years
beginning on or after the first day of January, two thousand nine, the provisions of section five-a of
this article are null and void and of no force or effect.
§11-23-6. Imposition of tax; change in rate of tax.
(a) General. -- An annual business franchise tax is hereby imposed on the privilege of doing
business in this state and in respect of the benefits and protection conferred. Such tax shall be
collected from every domestic corporation, every corporation having its commercial domicile in this
state, every foreign or domestic corporation owning or leasing real or tangible personal property
located in this state or doing business in this state and from every partnership owning or leasing real
or tangible personal property located in this state or doing business in this state, effective on and after
the first day of July, one thousand nine hundred eighty-seven.
(b) Amount of tax and rate; effective date. --
(1) On and after the first day of July, one thousand nine hundred eighty-seven, the amount
of tax shall be the greater of fifty dollars or fifty-five one hundredths of one percent of the value of
the tax base, as determined under this article: Provided, That when the taxpayer's first taxable year
under this article is a short taxable year, the taxpayer's liability shall be prorated based upon the ratio
which the number of months in which such short taxable year bears to twelve: Provided, however,
That this subdivision shall not apply to taxable years beginning on or after the first day of January, one thousand nine hundred eighty-nine.
(2) Taxable years after December 31, 1988. -- For taxable years beginning on or after the first
day of January, one thousand nine hundred eighty-nine, the amount of tax due under this article shall
be the greater of fifty dollars or seventy-five one hundredths of one percent of the value of the tax
base as determined under this article.
(3) Taxable years after June 30, 1997. -- For taxable years beginning on or after the first day
of July, one thousand nine hundred ninety-seven, the amount of tax due under this article shall be
the greater of fifty dollars or seventy hundredths of one percent of the value of the tax base as
determined under this article.
(4) Taxable years after December 31, 2006. -- For taxable years beginning on or after the first
day of January, two thousand seven, the amount of tax due under this article shall be the greater of
fifty dollars or fifty-five one hundredths of one percent of the value of the tax base as determined
under this article.
(5) Taxable years after December 31, 2008. -- For taxable years beginning on or after the first
day of January, two thousand nine, the amount of tax due under this article shall be the greater of
fifty dollars or 0.48 percent of the value of the tax base as determined under this article.
(6) Taxable years after December 31, 2009. -- For taxable years beginning on or after the first
day of January, two thousand ten, the amount of tax due under this article shall be the greater of fifty
dollars or 0.41 percent of the value of the tax base as determined under this article.
(7) Taxable years after December 31, 2010. -- For taxable years beginning on or after the first
day of January, two thousand eleven, the amount of tax due under this article shall be the greater of
fifty dollars or 0.34 percent of the value of the tax base as determined under this article.
(8) Taxable years after December 31, 2011. -- For taxable years beginning on or after the first
day of January, two thousand twelve, the amount of tax due under this article shall be the greater of
fifty dollars or 0.27 percent of the value of the tax base as determined under this article.
(9) Taxable years after December 31, 2012. -- For taxable years beginning on or after the first
day of January, two thousand thirteen, the amount of tax due under this article shall be the greater of fifty dollars or 0.20 percent of the value of the tax base as determined under this article.
(c) Short taxable years. -- When the taxpayer's taxable year for federal income tax purposes
is a short taxable year, the tax determined by application of the tax rate to the taxpayer's tax base
shall be prorated based upon the ratio which the number of months in such short taxable year bears
to twelve: Provided, That when the taxpayer's first taxable year under this article is less than twelve
months, the taxpayer's liability shall be prorated based upon the ratio which the number of months
the taxpayer was doing business in this state bears to twelve but in no event shall the tax due be less
than fifty dollars.
§11-23-27. Credit for franchise tax paid to another state.
(a) Effective for taxable years beginning on or after the first day of January, one thousand
nine hundred ninety-one, and notwithstanding any provisions of this code to the contrary, any
financial organization having its commercial domicile in this state shall be allowed a credit against
the tax imposed by this article for any taxable year for taxes paid to another state. That credit shall
be equal in amount to the lesser of:
(1) The taxes such financial organization shall actually have paid, which payments were
made on or before the filing date of the annual return required by this article, to any other state, and
which tax was based upon or measured by the financial organization's capital and was paid with
respect to the same taxable year; or
(2) The portion of the tax actually paid that the financial organization would have paid if the
rate of tax imposed by this article is applied to the tax base determined under the law of such other
state.
(b) Any additional payments of such tax to other states, or to political subdivisions thereof,
by a financial organization described in this section, and any refunds of such taxes, made or received
by such financial organization with respect to the taxable year, but after the due date of the annual
return required by this article for the taxable year, including any extensions, shall likewise be
accounted for in the taxable year in which such additional payment is made or such refund is
received by the financial organization.
(c) For tax years beginning on or after the first day of January, two thousand nine, the
provisions of this section are null and void and of no force or effect.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-1. Legislative findings.
The Legislature hereby finds and declares that the adoption by this state for its corporation
net income tax purposes of certain provisions of the laws of the United States relating to the
determination of income for federal income tax purposes will: (1) Simplify preparation of state
corporation net income tax returns by taxpayers: (2) improve enforcement of the state corporation
net income tax through better use of information obtained from federal income tax audits: and (3)
aid interpretation of the state corporation net income tax law through increased use of federal judicial
and administrative determinations and precedents.
The Legislature does therefore declare that this article be construed so as to accomplish the
foregoing purposes.
In recognition of the fact that corporate business is increasingly conducted on a national and
international basis, it is the intent of the Legislature to adopt a combined system of income tax
reporting for corporations. A separate accounting system is sometimes not adequate to accurately
measure the income of multistate and multinational corporations doing business in this state and
sometimes creates tax disadvantages for West Virginia corporations in competition with those
multistate and multinational corporations. Therefore, it is the intent of the Legislature to capture lost
revenue with adoption of a combined reporting tax base.
§11-24-3a. Specific terms defined.
For purposes of this article:
(1) Business income. -- The term "business income" means income arising from transactions
and activity in the regular course of the taxpayer's trade or business and includes income from
tangible and intangible property if the acquisition, management and disposition of the property or
the rendering of services in connection therewith constitute integral parts of the taxpayer's regular
trade or business operations, and includes all income which is apportionable under the Constitution of the United States.
(2) 'Combined group;' means the group of all persons whose income and apportionment
factors are required to be taken into account pursuant to subsection (a) or subsection (b), section
thirteen-a of this article, in determining the taxpayer's share of the net business income or loss
apportionable to this State.
(2) (3) Commercial domicile. -- The term 'commercial domicile' means the principal place
from which the trade or business of the taxpayer is directed or managed: Provided, That the
commercial domicile of a financial organization, which is subject to regulation as such, shall be at
the place designated as its principal office with its regulating authority.
(3) (4) Compensation. -- The term 'compensation' means wages, salaries, commissions and
any other form of remuneration paid to employees for personal services.
(4) (5) Corporation. -- 'Corporation' means any corporation as defined by the laws of this
state or organization of any kind treated as a corporation for tax purposes under the laws of this state,
wherever located, which if it were doing business in this state would be a 'taxpayer.' The business
conducted by a partnership which is directly or indirectly held by a corporation shall be considered
the business of the corporation to the extent of the corporation's distributive share of the partnership
income, inclusive of guaranteed payments to the extent prescribed by regulation. The term
'corporation' includes a joint- stock company and any association or other organization which is
taxable as a corporation under the federal income tax law.
(5) (6) Delegate. -- The term 'delegate' in the phrase 'or his delegate', when used in reference
to the tax commissioner, means any officer or employee of the state tax department duly authorized
by the tax commissioner directly, or indirectly by one or more redelegations of authority, to perform
the functions mentioned or described in this article or regulations promulgated thereunder.
(6) (7) Domestic corporation. -- The term 'domestic corporation' means any corporation
organized under the laws of West Virginia and certain corporations organized under the laws of the
state of Virginia before the twentieth day of June, one thousand eight hundred sixty-three. Every
other corporation is a foreign corporation.
(7) (8) Engaging in business. -- The term 'engaging in business' or 'doing business' means
any activity of a corporation which enjoys the benefits and protection of government and laws in this
state.
(8) (9) Federal Form 1120. -- The term 'Federal Form 1120' means the annual federal income
tax return of any corporation made pursuant to the United States Internal Revenue Code of 1986, as
amended, or in successor provisions of the laws of the United States, in respect to the federal taxable
income of a corporation, and filed with the federal Internal Revenue Service. In the case of a
corporation that elects to file a federal income tax return as part of an affiliated group, but files as
a separate corporation under this article, then as to such corporation Federal Form 1120 means its
pro forma Federal Form 1120.
(9) (10) Fiduciary. -- The term 'fiduciary' means, and includes, a guardian, trustee, executor,
administrator, receiver, conservator or any person acting in any fiduciary capacity for any person.
(10) (11) Financial organization -- The term 'financial organization' means:
(A) A holding company or a subsidiary thereof. As used in this section 'holding company'
means a corporation registered under the federal bank holding company act of 1956 or registered as
a savings and loan holding company other than a diversified savings and loan holding company (as
defined in section 408(a)(1)(F) of the federal national housing act (12 U.S.C. 1730(a)(1)(F));
(B) A regulated financial corporation or a subsidiary thereof. As used in this section
'regulated financial corporation' means:
(1) An institution, the deposits, shares or accounts of which are insured under the federal
deposit insurance act, or by the federal savings and loan insurance corporation;
(2) An institution that is a member of a federal home loan bank;
(3) Any other bank or thrift institution incorporated or organized under the laws of a state that
is engaged in the business of receiving deposits;
(4) A credit union incorporated and organized under the laws of this state;
(5) A production credit association organized under 12 U.S.C. 2071;
(6) A corporation organized under 12 U.S.C. 611 through 631 (an edge act corporation); or
(7) A federal or state agency or branch of a foreign bank (as defined in 12 U.S.C. 3101); or
(C) A corporation which derives more than fifty percent of its gross business income from
one or more of the following activities:
(1) Making, acquiring, selling or servicing loans or extensions of credit. Loans and extensions
of credit include:
(I) Secured or unsecured consumer loans;
(II) Installment obligations;
(III) Mortgages or other loans secured by real estate or tangible personal property;
(IV) Credit card loans;
(V) Secured and unsecured commercial loans of any type; and
(VI) Loans arising in factoring.
(2) Leasing or acting as an agent, broker or advisor in connection with leasing real and
personal property that is the economic equivalent of an extension of credit (as defined by the Federal
Reserve Board in 12 C.F.R. 225.25(b)(5)).
(3) Operating a credit card business.
(4) Rendering estate or trust services.
(5) Receiving, maintaining or otherwise handling deposits.
(6) Engaging in any other activity with an economic effect comparable to those activities
described in item (1), (2), (3), (4) or (5) of this subparagraph.
(11) (12) Fiscal year. -- The term 'fiscal year' means an accounting period of twelve months
ending on any day other than the last day of December, and on the basis of which the taxpayer is
required to report for federal income tax purposes.
(12) (13) Includes and including. -- The terms 'includes' and 'including' when used in a
definition contained in this article shall not be deemed to exclude other things otherwise within the
meaning of the term being defined.
(14) 'Internal Revenue Code' means Title 26 of the United States Code, as amended without regard to application of federal treaties unless expressly made applicable to states of the United
States.
(13) (15) Nonbusiness income. -- The term 'nonbusiness income' means all income other
than business income.
(16) 'Partnership' means a general or limited partnership, or organization of any kind treated
as a partnership for tax purposes under the laws of this state.
(14) (17) Person. -- The term 'person' is to be deemed interchangeable with the term
'corporation' in this section. The term 'Person' means any individual, firm, partnership, general
partner of a partnership, limited liability company, registered limited liability partnership, foreign
limited liability partnership, association, corporation (whether or not the corporation is, or would be
if doing business in this state, subject to the tax imposed by this article, company, syndicate, estate,
trust, business trust, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee or
organization of any kind.
(15) (18) Pro forma return. -- The term 'pro forma return' when used in this article means
the return which the taxpayer would have filed with the Internal Revenue Service had it not elected
to file federally as part of an affiliated group.
(16) (19) Public utility. -- The term 'public utility' means any business activity to which the
jurisdiction of the Public Service Commission of West Virginia extends under section one, article
two, chapter twenty-four of this code.
(17) (20) Sales. -- The term 'sales' means all gross receipts of the taxpayer that are 'business
income', as defined in this section.
(18) (21) State. -- The term 'state' means any state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States and
any foreign country or political subdivision thereof.
(19) (22) Taxable year, tax year. -- The term 'taxable year' or 'tax year' means the taxable
year for which the taxable income of the taxpayer is computed under the federal income tax law.
(20) (23) Tax. -- The term 'tax' includes, within its meaning, interest and additions to tax, unless the intention to give it a more limited meaning is disclosed by the context.
(21) (24) tax commissioner. -- The term 'tax commissioner' means the tax commissioner of
the State of West Virginia or his delegate.
(25) 'Tax haven' means a jurisdiction that, for a particular tax year in question: (A) is
identified by the Organization for Economic Co-operation and Development as a tax haven or as
having a harmful preferential tax regime, or (B) a jurisdiction that has no, or nominal, effective tax
on the relevant income; and (i) that has laws or practices that prevent effective exchange of
information for tax purposes with other governments regarding taxpayers subject to, or benefiting
from, the tax regime; (ii) or that lacks transparency. For purposes of this definition, a tax regime
lacks transparency if the details of legislative, legal or administrative provisions are not open to
public scrutiny and apparent, or are not consistently applied among similarly situated taxpayers; (iii)
facilitates the establishment of foreign-owned entities without the need for a local substantive
presence or prohibits these entities from having any commercial impact on the local economy; (iv)
explicitly or implicitly excludes the jurisdiction's resident taxpayers from taking advantage of the
tax regime's benefits or prohibits enterprises that benefit from the regime from operating in the
jurisdiction's domestic market; or (v) has created a tax regime which is favorable for tax avoidance,
based upon an overall assessment of relevant factors, including whether the jurisdiction has a
significant untaxed offshore financial or other services sector relative to its overall economy. For
purposes of this definition the phrase 'tax regime' means a set or system of rules, laws, regulations
or practices by which taxes are imposed on any person, corporation or entity, or on any income,
property, incident, indicia or activity pursuant to governmental authority.
(22) (26) Taxpayer. -- The term 'taxpayer' means any person a corporation subject to the tax
imposed by this article.
(23) (27) This code. -- The term 'this code' means the Code of West Virginia, one thousand
nine hundred thirty-one, as amended.
(24) (28) This state. -- The term 'this state' means the State of West Virginia.
(29) 'United States' means the United States of America and includes all of the states of the United States, the District of Columbia, and United States territories and possessions.
(30) 'Unitary business' means a single economic enterprise that is made up either of separate
parts of a single business entity or of a commonly controlled group of business entities that are
sufficiently interdependent, integrated and interrelated through their activities so as to provide a
synergy and mutual benefit that produces a sharing or exchange of value among them and a
significant flow of value to the separate parts.
(25) (31) West Virginia taxable income. -- The term 'West Virginia taxable income' means
the taxable income of a corporation as defined by the laws of the United States for federal income
tax purposes, adjusted, as provided in section six of this article: Provided, That in the case of a
corporation having income from business activity which is taxable without this state, its 'West
Virginia taxable income' shall be such portion of its taxable income as so defined and adjusted as
is allocated or apportioned to this state under the provisions of sections seven and seven-b of this
article.
§11-24-7. Allocation and apportionment.
(a) General. -- Any taxpayer having income from business activity which is taxable both in
this state and in another state shall allocate and apportion its net income as provided in this section.
For purposes of this section, the term 'net income' means the taxpayer's federal taxable income
adjusted as provided in section six.
(b) 'Taxable in another state' defined. -- For purposes of allocation and apportionment of net
income under this section, a taxpayer is taxable in another state if:
(1) In that state the taxpayer is subject to a net income tax, a franchise tax measured by net
income, a franchise tax for the privilege of doing business, or a corporation stock tax; or
(2) That state has jurisdiction to subject the taxpayer to a net income tax, regardless of
whether, in fact, that state does or does not subject the taxpayer to the tax.
(c) Business activities entirely within West Virginia. -- If the business activities of a taxpayer
take place entirely within this state, the entire net income of the taxpayer is subject to the tax
imposed by this article. The business activities of a taxpayer are considered to have taken place in their entirety within this state if the taxpayer is not 'taxable in another state': Provided, That for tax
years beginning before the first day of January two thousand nine, the business activities of a
financial organization having its commercial domicile in this state are considered to take place
entirely in this state, notwithstanding that the organization may be 'taxable in another state':
Provided, however, That for tax years beginning before the first day of January two thousand nine,
the income from the business activities of a financial organization not having its commercial
domicile in this state shall be apportioned according to the applicable provisions of this article.
(d) Business activities partially within and partially without West Virginia; allocation of
nonbusiness income. -- If the business activities of a taxpayer take place partially within and partially
without this state and the taxpayer is also taxable in another state, rents and royalties from real or
tangible personal property, capital gains, interest, dividends or patent or copyright royalties, to the
extent that they constitute nonbusiness income of the taxpayer, shall be allocated as provided in
subdivisions (1) through (4), inclusive, of this subsection: Provided, That to the extent the items
constitute business income of the taxpayer, they may not be so allocated but they shall be
apportioned to this state according to the provisions of subsection (e) of this section and to the
applicable provisions of section seven-b of this article.
(1) Net rents and royalties. --
(A) Net rents and royalties from real property located in this state are allocable to this state.
(B) Net rents and royalties from tangible personal property are allocable to this state:
(i) If and to the extent that the property is utilized in this state; or
(ii) In their entirety if the taxpayer's commercial domicile is in this state and the taxpayer is
not organized under the laws of or taxable in the state in which the property is utilized.
(C) The extent of utilization of tangible personal property in a state is determined by
multiplying the rents and royalties by a fraction, the numerator of which is the number of days of
physical location of the property in the state during the rental or royalty period in the taxable year
and the denominator of which is the number of days of physical location of the property everywhere
during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property
is utilized in the state in which the property was located at the time the rental or royalty payer
obtained possession.
(2) Capital gains. --
(A) Capital gains and losses from sales of real property located in this state are allocable to
this state.
(B) Capital gains and losses from sales of tangible personal property are allocable to this state
if:
(i) The property had a situs in this state at the time of the sale; or
(ii) The taxpayer's commercial domicile is in this state and the taxpayer is not taxable in the
state in which the property had a situs.
(C) Capital gains and losses from sales of intangible personal property are allocable to this
state if the taxpayer's commercial domicile is in this state.
(D) Gains pursuant to Section 631 (a) and (b) of the Internal Revenue Code of 1986, as
amended, from sales of natural resources severed in this state shall be allocated to this state if they
are nonbusiness income.
(3) Interest and dividends are allocable to this state if the taxpayer's commercial domicile is
in this state.
(4) Patent and copyright royalties. --
(A) Patent and copyright royalties are allocable to this state:
(i) If and to the extent that the patent or copyright is utilized by the payer in this state; or
(ii) If and to the extent that the patent or copyright is utilized by the payer in a state in which
the taxpayer is not taxable and the taxpayer's commercial domicile is in this state.
(B) A patent is utilized in a state to the extent that it is employed in production, fabrication,
manufacturing or other processing in the state or to the extent that a patented product is produced
in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the
accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayer's commercial domicile is located.
(C) A copyright is utilized in a state to the extent that printing or other publication originates
in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if
the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in
which the taxpayer's commercial domicile is located.
(5) Corporate partner's distributive share. --
(A) Persons carrying on business as partners in a partnership, as defined in Section 761 of
the Internal Revenue Code of 1986, as amended, are liable for income tax only in their separate or
individual capacities.
(B) A corporate partner's distributive share of income, gain, loss, deduction or credit of a
partnership shall be modified as provided in section six of this article for each partnership. For
taxable years beginning on or after the thirty-first day of December, one thousand nine hundred
ninety-eight, the distributive share shall then be allocated and apportioned as provided in this section,
using the partnership's property, payroll and sales factors. The sum of that portion of the distributive
share allocated and apportioned to this state shall then be treated as distributive share allocated to
this state; and that portion of distributive share allocated or apportioned outside this state shall be
treated as distributive share allocated outside this state, unless the taxpayer requests or the tax
commissioner, under subsection (h) of this section requires that the distributive share be treated
differently.
(e) Business activities partially within and partially without this state; apportionment of
business income. -- All net income, after deducting those items specifically allocated under
subsection (d) of this section, shall be apportioned to this state by multiplying the net income by a
fraction, the numerator of which is the property factor plus the payroll factor plus two times the sales
factor, and the denominator of which is four, reduced by the number of factors, if any, having no
denominator.
(1) Property factor. -- The property factor is a fraction, the numerator of which is the average
value of the taxpayer's real and tangible personal property owned or rented and used by it in this state during the taxable year and the denominator of which is the average value of all the taxpayer's
real and tangible personal property owned or rented and used by the taxpayer during the taxable year,
which is reported on Schedule L Federal Form 1120, plus the average value of all real and tangible
personal property leased and used by the taxpayer during the taxable year.
(2) Value of property. -- Property owned by the taxpayer shall be valued at its original cost,
adjusted by subsequent capital additions or improvements thereto and partial disposition thereof, by
reason of sale, exchange, abandonment, etc.: Provided, That where records of original cost are
unavailable or cannot be obtained without unreasonable expense, property shall be valued at original
cost as determined under rules of the tax commissioner. Property rented by the taxpayer from others
shall be valued at eight times the annual rental rate. The term 'net annual rental rate' is the annual
rental paid, directly or indirectly, by the taxpayer, or for its benefit, in money or other consideration
for the use of property and includes:
(A) Any amount payable for the use of real or tangible personal property, or any part of the
property, whether designated as a fixed sum of money or as a percentage of sales, profits or
otherwise.
(B) Any amount payable as additional rent or in lieu of rents, such as interest, taxes,
insurance, repairs or any other items which are required to be paid by the terms of the lease or other
arrangement, not including amounts paid as service charges, such as utilities, janitor services, etc.
If a payment includes rent and other charges unsegregated, the amount of rent shall be determined
by consideration of the relative values of the rent and the other items.
(3) Movable property. -- The value of movable tangible personal property used both within
and without this state shall be included in the numerator to the extent of its utilization in this state.
The extent of the utilization shall be determined by multiplying the original cost of the property by
a fraction, the numerator of which is the number of days of physical location of the property in this
state during the taxable period, and the denominator of which is the number of days of physical
location of the property everywhere during the taxable year. The number of days of physical location of the property may be determined on a statistical basis or by other reasonable method acceptable
to the tax commissioner.
(4) Leasehold improvements. -- Leasehold improvements shall, for purposes of the property
factor, be treated as property owned by the taxpayer regardless of whether the taxpayer is entitled
to remove the improvements or the improvements revert to the lessor upon expiration of the lease.
Leasehold improvements shall be included in the property factor at their original cost.
(5) Average value of property. -- The average value of property shall be determined by
averaging the values at the beginning and ending of the taxable year: Provided, That the tax
commissioner may require the averaging of monthly values during the taxable year if substantial
fluctuations in the values of the property exist during the taxable year, or where property is acquired
after the beginning of the taxable year, or is disposed of, or whose rental contract ceases, before the
end of the taxable year.
(6) Payroll factor. -- The payroll factor is a fraction, the numerator of which is the total
compensation paid in this state during the taxable year by the taxpayer for compensation, and the
denominator of which is the total compensation paid by the taxpayer during the taxable year, as
shown on the taxpayer's federal income tax return as filed with the Internal Revenue Service, as
reflected in the schedule of wages and salaries and that portion of cost of goods sold which reflects
compensation, or as shown on a pro forma return.
(7) Compensation. -- The term 'compensation' means wages, salaries, commissions and any
other form of remuneration paid to employees for personal services. Payments made to an
independent contractor or to any other person not properly classifiable as an employee shall be
excluded. Only amounts paid directly to employees are included in the payroll factor. Amounts
considered as paid directly to employees include the value of board, rent, housing, lodging and other
benefits or services furnished to employees by the taxpayer in return for personal services, provided
the amounts constitute income to the recipient for federal income tax purposes.
(8) Employee. -- The term 'employee' means:
(A) Any officer of a corporation; or
(B) Any individual who, under the usual common-law rule applicable in determining the
employer-employee relationship, has the status of an employee.
(9) Compensation. -- Compensation is paid or accrued in this state if:
(A) The employee's service is performed entirely within this state; or
(B) The employee's service is performed both within and without this state, but the service
performed without the state is incidental to the individual's service within this state. The word
'incidental' means any service which is temporary or transitory in nature or which is rendered in
connection with an isolated transaction; or
(C) Some of the service is performed in this state and:
(i) The employee's base of operations or, if there is no base of operations, the place from
which the service is directed or controlled is in the state; or
(ii) The base of operations or the place from which the service is directed or controlled is not
in any state in which some part of the service is performed, but the employee's residence is in this
state.
The term 'base of operations' is the place of more or less permanent nature from which the
employee starts his or her work and to which he or she customarily returns in order to receive
instructions from the taxpayer or communications from his or her customers or other persons or to
replenish stock or other materials, repair equipment, or perform any other functions necessary to the
exercise of his or her trade or profession at some other point or points. The term 'place from which
the service is directed or controlled' refers to the place from which the power to direct or control is
exercised by the taxpayer.
(10) Sales factor. -- The sales factor is a fraction, the numerator of which is the gross receipts
of the taxpayer derived from transactions and activity in the regular course of its trade or business
in this state during the taxable year (business income), less returns and allowances. The denominator
of the fraction is the total gross receipts derived by the taxpayer from transactions and activity in the
regular course of its trade or business during the taxable year (business income), and reflected in its
gross income reported and as appearing on the taxpayer's Federal Form 1120, and consisting of those certain pertinent portions of the (gross income) elements set forth: Provided, That if either the
numerator or the denominator includes interest or dividends from obligations of the United States
government which are exempt from taxation by this state, the amount of such interest and dividends,
if any, shall be subtracted from the numerator or denominator in which it is included.
(11) Allocation of sales of tangible personal property. --
(A) Sales of tangible personal property are in this state if:
(i) The property is received in this state by the purchaser, other than the United States
government, regardless of the f. o. b. point or other conditions of the sale. In the case of delivery by
common carrier or other means of transportation, the place at which the property is ultimately
received after all transportation has been completed is the place at which the property is received by
the purchaser. Direct delivery in this state, other than for purposes of transportation, to a person or
firm designated by the purchaser, is delivery to the purchaser in this state, and direct delivery outside
this state to a person or firm designated by the purchaser is not delivery to the purchaser in this state,
regardless of where title passes or other conditions of sale; or
(ii) The property is shipped from an office, store, warehouse, factory or other place of storage
in this state and the purchaser is the United States government.
(B) All other sales of tangible personal property delivered or shipped to a purchaser within
a state in which the taxpayer is not taxed, as defined in subsection (b) of this section, shall be
excluded from the denominator of the sales factor.
(12) Allocation of other sales. -- Sales, other than sales of tangible personal property are in
this state if:
(A) The income-producing activity is performed in this state; or
(B) The income-producing activity is performed both in and outside this state and a greater
proportion of the income-producing activity is performed in this state than in any other state, based
on costs of performance; or
(C) The sale constitutes business income to the taxpayer, or the taxpayer is a financial
organization not having its commercial domicile in this state, and in either case the sale is a receipt described as attributable to this state in subsection (b), section seven-b of this article.
(13) Financial organizations and other taxpayers with business activities partially within and
partially without this state. -- Notwithstanding anything contained in this section to the contrary, in
the case of financial organizations and other taxpayers, not having their commercial domicile in this
state, the rules of this subsection apply to the apportionment of income from their business activities
except as expressly otherwise provided in subsection (b), section seven-b of this article.
(f) Income-producing activity. -- The term 'income-producing activity' applies to each
separate item of income and means the transactions and activity directly engaged in by the taxpayer
in the regular course of its trade or business for the ultimate purpose of obtaining gain or profit. The
activity does not include transactions and activities performed on behalf of the taxpayer, such as
those conducted on its behalf by an independent contractor. 'Income-producing activity' includes,
but is not limited to, the following:
(1) The rendering of personal services by employees with utilization of tangible and
intangible property by the taxpayer in performing a service;
(2) The sale, rental, leasing, licensing or other use of real property;
(3) The sale, rental, leasing, licensing or other use of tangible personal property; or
(4) The sale, licensing or other use of intangible personal property.
The mere holding of intangible personal property is not, in itself, an income-producing
activity: Provided, That the conduct of the business of a financial organization is an income-
producing activity.
(g) Cost of performance. -- The term 'cost of performance' means direct costs determined
in a manner consistent with generally accepted accounting principles and in accordance with
accepted conditions or practices in the trade or business of the taxpayer.
(h) Other methods of allocation and apportionment. --
(1) General. -- If the allocation and apportionment provisions of subsections (d) and (e) of
this section do not fairly represent the extent of the taxpayer's business activities in this state, the taxpayer may petition for or the tax commissioner may require, in respect to all or any part of the
taxpayer's business activities, if reasonable:
(A) Separate accounting;
(B) The exclusion of one or more of the factors;
(C) The inclusion of one or more additional factors which will fairly represent the taxpayer's
business activity in this state; or
(D) The employment of any other method to effectuate an equitable allocation or
apportionment of the taxpayer's income. The petition shall be filed no later than the due date of the
annual return for the taxable year for which the alternative method is requested, determined without
regard to any extension of time for filing the return and the petition shall include a statement of the
petitioner's objections and of the alternative method of allocation or apportionment as it believes to
be proper under the circumstances with such detail and proof as the tax commissioner may require.
(2) Alternative method for public utilities. -- If the taxpayer is a public utility and if the
allocation and apportionment provisions of subsections (d) and (e) of this section do not fairly
represent the taxpayer's business activities in this state, the taxpayer may petition for, or the tax
commissioner may require, as an alternative to the other methods provided for in subdivision (1) of
this subsection, the allocation and apportionment of the taxpayer's net income in accordance with
any system of accounts prescribed by the public service commission of this state pursuant to the
provisions of section eight, article two, chapter twenty-four of this code: Provided, That the
allocation and apportionment provisions of the system of accounts fairly represent the extent of the
taxpayer's business activities in this state for the purposes of the tax imposed by this article.
(3) Burden of proof. -- In any proceeding before the tax commissioner or in any court in
which employment of one of the methods of allocation or apportionment provided for in subdivision
(1) or (2) of this subsection is sought, on the ground that the allocation and apportionment provisions
of subsections (d) and (e) of this section do not fairly represent the extent of the taxpayer's business
activities in this state, the burden of proof is:
(A) If the tax commissioner seeks employment of one of the methods, on the tax
commissioner; or
(B) If the taxpayer seeks employment of one of the other methods, on the taxpayer.
(4) For tax years beginning on or after the first day of January, two thousand nine, the
provisions of section seven-a and section seven-b of this article shall be null and void and of no force
or effect.
§11-24-13a. Method of filing for business taxes.
(a) Privilege to file consolidated return.
(1) An affiliated group of corporations (as defined for purposes of filing a consolidated
federal income tax return) shall, subject to the provisions of this section and in accordance with any
regulations prescribed by the tax commissioner, have the privilege of filing a consolidated return
with respect to the tax imposed by this article for the taxable year in lieu of filing separate returns.
The making of a consolidated return shall be upon the condition that all corporations which at any
time during the taxable year have been members of the affiliated group are included in such return
and consent to the filing of such return. The filing of a consolidated return shall be considered as
such consent. When a corporation is a member of an affiliated group for a fractional part of the year,
the consolidated return shall include the income of such corporation for that part of the year during
which it is a member of the affiliated group.
(2) For tax years beginning on and after the first day of January, two thousand nine, the
provisions of this subsection (a) are null and void and of no further force or effect.
(b) Election binding.
(1) If an affiliated group of corporations elects to file a consolidated return under this article
for any taxable year ending after the thirtieth day of June, one thousand nine hundred eighty-seven,
such election once made shall not be revoked for any subsequent taxable year without the written
approval of the tax commissioner consenting to the revocation.
(2) For tax years beginning on and after the first day of January, two thousand nine, the
provisions of this subsection (b) are null and void and of no further force or effect.
(c) Consolidated return - financial organizations.
An affiliated group that includes one or more financial organizations may elect under this
section to file a consolidated return when that affiliated group complies with all of the following
rules:
(1) The affiliated group of which the financial organization is a member must file a federal
consolidated income tax return for the taxable year.
(2) All members of the affiliated group included in the federal consolidated return must
consent to being included in the consolidated return filed under this article. The filing of a
consolidated return under this article is conclusive proof of such consent.
(3) The West Virginia taxable income of the affiliated group shall be the sum of:
(A) The pro forma West Virginia taxable income of all financial organizations having their
commercial domicile in this state that are included in the federal consolidated return, as shown on
a combined pro forma West Virginia return prepared for such financial organizations; plus
(B) The pro forma West Virginia taxable income of all financial organizations not having
their commercial domicile in this state that are included in the federal consolidated return, as shown
on a combined pro forma West Virginia return prepared for such financial organizations; plus
(C) The pro forma West Virginia taxable income of all other members included in the federal
consolidated income tax return, as shown on a combined pro forma West Virginia return prepared
for all such nonfinancial organization members, except that income, income adjustments and
exclusions, apportionment factors and other items considered when determining tax liability shall
not be included in the pro forma return prepared under this paragraph for a member that is totally
exempt from tax under section five of this article, or for a member that is subject to a different
special industry apportionment rule provided for in this article. When a different special industry
apportionment rule applies, the West Virginia taxable income of a member(s) subject to that special
industry apportionment rule shall be determined on a separate pro forma West Virginia return for
the member(s) subject to that special industry rule and the West Virginia taxable income so
determined shall be included in the consolidated return.
(4) The West Virginia consolidated return is prepared in accordance with regulations of the
tax commissioner promulgated as provided in article three, chapter twenty-nine-a of this code.
(5) The filing of a consolidated return does not distort taxable income. In any proceeding, the
burden of proof that taxpayer's method of filing does not distort taxable income shall be upon the
taxpayer.
(6) For tax years beginning on and after the first day of January, two thousand nine, the
provisions of this subsection (c) are null and void and of no further force or effect.
(d) Combined return.
(1) A combined return may be filed under this article by a unitary group, including a unitary
group that includes one or more financial organizations, only pursuant to the prior written approval
of the tax commissioner. A request for permission to file a combined return must be filed on or
before the statutory due date of the return, determined without inclusion of any extension of time to
file the return. Permission to file a combined return may be granted by the tax commissioner only
when taxpayer submits evidence that conclusively establishes that failure to allow the filing of a
combined return will result in an unconstitutional distortion of taxable income. When permission
to file a combined return is granted, combined filing will be allowed for the year(s) stated in the tax
commissioner's letter. The combined return must be filed in accordance with regulations of the tax
commissioner promulgated in accordance with article three, chapter twenty-nine-a of this code.
(2) For tax years beginning on and after the first day of January, two thousand nine, the
provisions of this subsection (d) are null and void and of no further force or effect.
(e) Method of filing under this article deemed controlling for purposes of other business
taxes articles.
The taxpayer shall file on the same basis under article twenty-three of this chapter as such
taxpayer files under this article for the taxable year.
(f) Regulations.
The tax commissioner shall prescribe such regulations as he may deem necessary in order
that the tax liability of any affiliated group or combined group of corporations filing a consolidated return, or of any unitary group of corporations filing a combined return, and of each corporation in
the affiliated or unitary group, both during and after the period of affiliation, may be returned,
determined, computed, assessed, collected and adjusted, in such manner as the tax commissioner
deems necessary to clearly reflect the income tax liability and the income factors necessary for the
determination of such liability, and in order to prevent avoidance of such tax liability.
(g) Computation and payment of tax.
In any case in which a consolidated or combined return is filed, or required to be filed, the
tax due under this article from the affiliated, combined or unitary group shall be determined,
computed, assessed, collected and adjusted in accordance with regulations prescribed by the tax
commissioner, in effect on the last day prescribed by section thirteen of this article for the filing of
such return, and such affiliated, combined or unitary group, as the case may be, shall be treated as
the taxpayer. However, when any member of an affiliated, combined or unitary group that files a
consolidated or combined return under this article is allowed to claim credit against its tax liability
under this article for payment of any other tax, the amount of credit allowed may not exceed that
member's proportionate share of the affiliated, combined or unitary group's precredit tax liability
under this article, as shown on its pro forma return.
(h) Consolidated or combined return may be required.
The tax commissioner may require any such person or corporation to make and file a separate
return or to make and file corporations to make a composite, unitary, consolidated or combined
return, as the case may be, in order to clearly reflect the taxable income of such corporations.
(i) Effective date.
The amendments to this section made by chapter one hundred seventy-nine, acts of the
Legislature in the year one thousand nine hundred ninety, shall apply to all taxable years ending after
the eighth day of March, one thousand nine hundred ninety. Amendments to this article enacted by
this act in the year one thousand nine hundred ninety-six, shall apply to taxable years beginning on
or after the first day of January, one thousand nine hundred ninety-six, except that financial
organizations that are part of an affiliated group may elect, after the effective date of this act, to file a consolidated return prepared in accordance with the provisions of this section, as amended, and
subject to applicable statutes of limitation, for taxable years beginning on or after the first day of
January, one thousand nine hundred ninety-one, but before the first day of January, one thousand
nine hundred ninety-six, notwithstanding provisions then in effect prohibiting out-of-state financial
organizations from filing consolidated returns for those years: Provided, That when the statute of
limitation on filing an amended return for any of those years expires before the first day of July, one
thousand nine hundred ninety-six, the consolidated return for such year, if filed, must be filed by said
first day of July.
(j) Combined reporting required.
For tax years beginning on and after the first day of January, two thousand nine, any taxpayer
engaged in a unitary business with one or more other corporations shall file a combined report which
includes the income, determined under section thirteen-d or thirteen-c of this article, and the
allocation and apportionment of income provisions of this article, of all corporations that are
members of the unitary business, and such other information as may be required by the tax
commissioner.
(k) Combined reporting at tax commissioner's discretion.
(1) The tax commissioner may require the combined report to include the income and
associated apportionment factors of any persons that are not included pursuant to subsection (j) of
this section, but that are members of a unitary business, in order to reflect proper apportionment of
income of the entire unitary businesses. The tax commissioner may require combination of persons
that are not, or would not be doing business in this state pursuant to this section.
(2) If the tax commissioner determines that the reported income or loss of a taxpayer engaged
in a unitary business with any person not included pursuant to subsection (j) of this section represents
an avoidance or evasion of tax by such taxpayer, the tax commissioner may, on a case by case basis,
require all or any part of the income and associated apportionment factors of such person be included
in the taxpayer's combined report.
(3) With respect to inclusion of associated apportionment factors pursuant to this section, the
tax commissioner may require the exclusion of any one or more of the factors, the inclusion of one
or more additional factors which will fairly represent the taxpayer's business activity in this State,
or the employment of any other method to effectuate a proper reflection of the total amount of
income subject to apportionment and an equitable allocation and apportionment of the taxpayer's
income.
§11-24-13c. Determination of taxable income or loss using combined report.
(a) The use of a combined report does not disregard the separate identities of the taxpayer
members of the combined group. Each taxpayer member is responsible for tax based on its taxable
income or loss apportioned or allocated to this state, which shall include, in addition to other types
of income, the taxpayer member's apportioned share of business income of the combined group,
where business income of the combined group is calculated as a summation of the individual net
business incomes of all members of the combined group. A member's net business income is
determined by removing all but business income, expense and loss from that member's total income,
as provided in this section and section thirteen-d of this article.
(b) Components of income subject to tax in this state; application of tax credits and post
apportionment deductions.
(1) Each taxpayer member is responsible for tax based on its taxable income or loss
apportioned or allocated to this state, which shall include:
(A) its share of any business income apportionable to this State of each of the combined
groups of which it is a member, determined under subsection (c) of this section,
(B) its share of any business income apportionable to this State of a distinct business activity
conducted within and without the state wholly by the taxpayer member, determined under the
provisions for apportionment of business income set forth in this article,
(C) its income from a business conducted wholly by the taxpayer member entirely within the
state,
(D) its income sourced to this state from the sale or exchange of capital or assets, and from involuntary conversions, as determined under subsection (g), section thirteen-d of this article,
(E) its nonbusiness income or loss allocable to this State, determined under the provisions
for allocation of non-business income set forth in this article,
(F) its income or loss allocated or apportioned in an earlier year, required to be taken into
account as state source income during the income year, other than a net operating loss, and
(G) its net operating loss carryover. If the taxable income computed pursuant to this section
and section thirteen-d of this article results in a loss for a taxpayer member of the combined group,
that taxpayer member has a West Virginia net operating loss, subject to the net operating loss
limitations, and carryover provisions of this article. This West Virginia net operating loss is applied
as a deduction in a prior or subsequent year only if that taxpayer has West Virginia source positive
net income, whether or not the taxpayer is or was a member of a combined reporting group in the
prior or subsequent year.
(2) Except where otherwise provided, no tax credit or post-apportionment deduction earned
by one member of the group, but not fully used by or allowed to that member, may be used in whole
or in part by another member of the group or applied in whole or in part against the total income of
the combined group; and a post-apportionment deduction carried over into a subsequent year as to
the member that incurred it, and available as a deduction to that member in a subsequent year, will
be considered in the computation of the income of that member in the subsequent year, regardless
of the composition of that income as apportioned, allocated or wholly within this state.
(c) Determination of taxpayer's share of the business income of a combined group
apportionable to this State.
The taxpayer's share of the business income apportionable to this State of each combined
group of which it is a member shall be the product of:
(1) the business income of the combined group, determined under section thirteen-d of this
article, and
(2) the taxpayer member's apportionment percentage, determined in accordance with this
article, associated with the combined group's unitary business in this state, and including in the denominator the property, payroll and sales of all members of the combined group, including the
taxpayer, which property, payroll and sales are associated with the combined group's unitary
business wherever located. The property, payroll, and sales of a partnership shall be included in the
determination of the partner's apportionment percentage in proportion to a ratio the numerator of
which is the amount of the partner's distributive share of partnership's unitary income included in
the income of the combined group in accordance with section thirteen-d of this article, and the
denominator of which is the amount of the partnership's total unitary income.
§11-24-13d. Determination of the business income of the combined group.
The business income of a combined group is determined as follows:
(a) From the total income of the combined group, determined under subsection (b) of this
section, subtract any income, and add any expense or loss, other than the business income, expense
or loss of the combined group.
(b) Except as otherwise provided, the total income of the combined group is the sum of the
income of each member of the combined group determined under federal income tax laws, as
adjusted for state purposes, as if the member were not consolidated for federal purposes. The income
of each member of the combined group shall be determined as follows:
(1) For any member incorporated in the United States, or included in a consolidated federal
corporate income tax return, the income to be included in the total income of the combined group
shall be the taxable income for the corporation after making allowable adjustments under this article.
(2) For any member not included in subdivision (1) of this subsection, the income to be
included in the total income of the combined group shall be determined as follows:
(A) A profit and loss statement shall be prepared for each foreign branch or corporation in
the currency in which the books of account of the branch or corporation are regularly maintained.
(B) Adjustments shall be made to the profit and loss statement to conform it to the accounting
principles generally accepted in the United States for the preparation of such statements except as
modified by this regulation.
(C) Adjustments shall be made to the profit and loss statement to conform it to the tax accounting standards required by this article.
(D) Except as otherwise provided by regulation, the profit and loss statement of each member
of the combined group, and the apportionment factors related thereto, whether United States or
foreign, shall be translated into the currency in which the parent company maintains its books and
records.
(E) Income apportioned to this state shall be expressed in United States dollars.
(3) In lieu of the procedures set forth in subdivision (2) of this subsection, and subject to the
determination of the tax commissioner that it reasonably approximates income as determined under
this article, any member not included in subdivision (1) of this subsection may determine its income
on the basis of the consolidated profit and loss statement which includes the member and which is
prepared for filing with the Securities and Exchange Commission by related corporations. If the
member is not required to file with the Securities and Exchange Commission, the tax commissioner
may allow the use of the consolidated profit and loss statement prepared for reporting to shareholders
and subject to review by an independent auditor. If above statements do not reasonably approximate
income as determined under this article, the tax commissioner may accept those statements with
appropriate adjustments to approximate that income.
(c) If a unitary business includes income from a partnership, the income to be included in the
total income of the combined group shall be the member of the combined group's direct and indirect
distributive share of the partnership's unitary business income.
(d) All dividends paid by one to another of the members of the combined group shall, to the
extent those dividends are paid out of the earnings and profits of the unitary business included in the
combined report, in the current or an earlier year, be eliminated from the income of the recipient.
This provision shall not apply to dividends received from members of the unitary business which are
not a part of the combined group.
(e) Except as otherwise provided by regulation, business income from an intercompany
transaction between members of the same combined group shall be deferred in a manner similar to
26 CFR 1.1502-13. Upon the occurrence of any of the following events, deferred business income resulting from an intercompany transaction between members of a combined group shall be restored
to the income of the seller, and shall be apportioned as business income earned immediately before
the event:
(1) the object of a deferred intercompany transaction is
(A) re-sold by the buyer to an entity that is not a member of the combined group,
(B) re-sold by the buyer to an entity that is a member of the combined group for use outside
the unitary business in which the buyer and seller are engaged, or
(C) converted by the buyer to a use outside the unitary business in which the buyer and seller
are engaged, or
(2) the buyer and seller are no longer members of the same combined group, regardless of
whether the members remain unitary.
(f) A charitable expense incurred by a member of a combined group shall, to the extent
allowable as a deduction pursuant to Internal Revenue Code Section 170, be subtracted first from
the business income of the combined group (subject to the income limitations of that section applied
to the entire business income of the group), and any remaining amount shall then be treated as a
nonbusiness expense allocable to the member that incurred the expense (subject to the income
limitations of that section applied to the nonbusiness income of that specific member). Any
charitable deduction disallowed under the foregoing rule, but allowed as a carryover deduction in
a subsequent year, shall be treated as originally incurred in the subsequent year by the same member,
and the rules of this section shall apply in the subsequent year in determining the allowable
deduction in that year.
(g) Gain or loss from the sale or exchange of capital assets, property described by Internal
Revenue Code Section 1231(a)(3), and property subject to an involuntary conversion, shall be
removed from the total separate net income of each member of a combined group and shall be
apportioned and allocated as follows.
(1) For each class of gain or loss (short term capital, long term capital, Internal Revenue Code
Section 1231, and involuntary conversions) all members' business gain and loss for the class shall be combined (without netting between such classes), and each class of net business gain or loss
separately apportioned to each member using the member's apportionment percentage determined
under subsection (c), section thirteen-c of this article.
(2) Each taxpayer member shall then net its apportioned business gain or loss for all classes,
including any such apportioned business gain and loss from other combined groups, against the
taxpayer member's nonbusiness gain and loss for all classes allocated to this State, using the rules
of Internal Revenue Code Sections 1231 and 1222, without regard to any of the taxpayer member's
gains or losses from the sale or exchange of capital assets, Section 1231 property, and involuntary
conversions which are nonbusiness items allocated to another state.
(3) Any resulting state source income (or loss, if the loss is not subject to the limitations of
Internal Revenue Code Section 1211) of a taxpayer member produced by the application of the
preceding subsections shall then be applied to all other state source income or loss of that member.
(4) Any resulting state source loss of a member that is subject to the limitations of Section
1211 shall be carried over by that member, and shall be treated as state source short-term capital loss
incurred by that member for the year for which the carryover applies.
(h) Any expense of one member of the unitary group which is directly or indirectly
attributable to the nonbusiness or exempt income of another member of the unitary group shall be
allocated to that other member as corresponding nonbusiness or exempt expense, as appropriate.
§11-24-13e. Designation of surety.
As a filing convenience, and without changing the respective liability of the group members,
members of a combined reporting group may annually elect to designate one taxpayer member of
the combined group to file a single return in the form and manner prescribed by the department, in
lieu of filing their own respective returns, provided that the taxpayer designated to file the single
return consents to act as surety with respect to the tax liability of all other taxpayers properly
included in the combined report, and agrees to act as agent on behalf of those taxpayers for the year
of the election for tax matters relating to the combined report for that year. If for any reason the surety is unwilling or unable to perform its responsibilities, tax liability may be assessed against the
taxpayer members.
§11-24-13f. Water's-edge election; initiation and withdrawal.
(a) Water's-edge election.
Taxpayer members of a unitary group that meet the requirements of subsection (b) of this
section may elect to determine each of their apportioned shares of the net business income or loss
of the combined group pursuant to a water's-edge election. Under such election, taxpayer members
shall take into account all or a portion of the income and apportionment factors of only the following
members otherwise included in the combined group pursuant to section thirteen-a of this article:
(1) the entire income and apportionment factors of any member incorporated in the United
States or formed under the laws of any state, the District of Columbia, or any territory or possession
of the United States;
(2) the entire income and apportionment factors of any member, regardless of the place
incorporated or formed, if the average of its property, payroll, and sales factors within the United
States is 20 percent or more;
(3) the entire income and apportionment factors of any member which is a domestic
international sales corporations as described in Internal Revenue Code Sections 991 to 994,
inclusive; a foreign sales corporation as described in Internal Revenue Code Sections 921 to 927,
inclusive; or any member which is an export trade corporation, as described in Internal Revenue
Code Sections 970 to 971, inclusive;
(4) any member not described in subdivisions (1), (2) or (3) of this subsection shall include
the portion of its income derived from or attributable to sources within the United States, as
determined under the Internal Revenue Code without regard to federal treaties, and its apportionment
factors related thereto;
(5) any member that is a 'controlled foreign corporation,' as defined in Internal Revenue
Code Section 957, to the extent of the income of that member that is defined in Section 952 of
Subpart F of the Internal Revenue Code ('Subpart F income') not excluding lower-tier subsidiaries' distributions of such income which were previously taxed, determined without regard to federal
treaties, and the apportionment factors related to that income; any item of income received by a
controlled foreign corporation shall be excluded if such income was subject to an effective rate of
income tax imposed by a foreign country greater than ninety percent of the maximum rate of tax
specified in Internal Revenue Code Section 11;
(6) any member that earns more than twenty percent of its income, directly or indirectly, from
intangible property or service related activities that are deductible against the business income of
other members of the combined group, to the extent of that income and the apportionment factors
related thereto; and
(7) the entire income and apportionment factors of any member that is doing business in a
tax haven, where 'doing business in a tax haven' is defined as being engaged in activity sufficient
for that tax haven jurisdiction to impose a tax under United States constitutional standards. If the
member's business activity within a tax haven is entirely outside the scope of the laws, provisions
and practices that cause the jurisdiction to meet the criteria set forth in the definition of a tax haven,
the activity of the member shall be treated as not having been conducted in a tax haven.
(b) Initiation and withdrawal of election.
(1) A water's-edge election is effective only if made on a timely-filed, original return for a
tax year by every member of the unitary business subject to tax under this article. The tax
commissioner shall develop rules and regulations governing the impact, if any, on the scope or
application of a water's-edge election, including termination or deemed election, resulting from a
change in the composition of the unitary group, the combined group, the taxpayer members, and any
other similar change.
(2) Such election shall constitute consent to the reasonable production of documents and
taking of depositions in accordance with the provisions of this code.
(3) In the discretion of the tax commissioner, a water's-edge election may be disregarded in
part or in whole, and the income and apportionment factors of any member of the taxpayer's unitary
group may be included in the combined report without regard to the provisions of this section, if any member of the unitary group fails to comply with any provision of this article or if a person
otherwise not included in the water's-edge combined group was availed of with a substantial
objective of avoiding state income tax.
(4) A water's-edge election is binding for and applicable to the tax year it is made and all
tax years thereafter for a period of ten years. It may be withdrawn or reinstituted after withdrawal,
prior to the expiration of the ten year period, only upon written request for reasonable cause based
on extraordinary hardship due to unforeseen changes in state tax statutes, law, or policy, and only
with the written permission of the tax commissioner. If the tax commissioner grants a withdrawal
of election, he or she shall impose reasonable conditions as necessary to prevent the evasion of tax
or to clearly reflect income for the election period prior to or after the withdrawal. Upon the
expiration of the ten year period, a taxpayer may withdraw from the water's edge election. Such
withdrawal must be made in writing within one year of the expiration of the election, and is binding
for a period of ten years, subject to the same conditions as applied to the original election. If no
withdrawal is properly made, the water's edge election shall be in place for an additional ten year
period, subject to the same conditions as applied to the original election.
§11-24-24. Credit for income tax paid to another state.
(a) Effective for taxable years beginning on or after the first day of January, one thousand
nine hundred ninety-one, and notwithstanding any provisions of this code to the contrary, any
financial organization, the business activities of which take place, or are deemed to take place,
entirely within this state, shall be allowed a credit against the tax imposed by this article for any
taxable year for taxes paid to another state. That credit shall be equal in amount to the lesser of:
(1) The taxes such financial organization shall actually have paid, which payments were
made on or before the filing date of the annual return required by this article, to any other state, and
which tax was based upon or measured by the financial organization's net income and was paid with
respect to the same taxable year; or
(2) The amount of such tax the financial organization would have paid if the rate of tax
imposed by this article is applied to the tax base determined under the laws of such other state.
(b) Any additional payments of such tax to other states, or to political subdivisions thereof,
by a financial organization described in this section, and any refunds of such taxes, made or received
by such financial organization with respect to the taxable year, but after the due date of the annual
return required by this article for the taxable year, including any extensions, shall likewise be
accounted for in the taxable year in which such additional payment is made or such refund is
received by the financial organization.
(c) For tax years beginning on or after the first day of January, two thousand nine, the
provisions of this section are null and void and of no force or effect."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 503),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 749) passed.
On motion of Delegate White, the title of the bill was amended to read as follows:
S. B. 749 - "A Bill to amend and reenact §11-23-6 and $11-23-27 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-23-
5b; to amend and reenact §11-24-1, §11-24-3a, §11-24-7, §11-24-13a and §11-24-24 of said code;
and to amend said code by adding thereto four new sections, designated §11-24-13c, §11-24-13d,
§11-24-13e and §11-24-13f, all relating to business taxes generally; reducing the business franchise
tax; and requiring combined reporting of certain taxes upon businesses."
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 504), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 749) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Reports
Delegate Campbell, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for S. B. 178, Allowing counties to increase hotel occupancy tax.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to Engrossed Committee Substitute for Senate Bill No. 178 having met,
after full and free conference, have agreed to recommend and do recommend to their respective
houses, as follows:
That both houses recede from their respective positions as to the amendment of the House
of Delegates on page twelve, and that both houses agree to the following amendment:
On page twelve, section fourteen, on line one hundred fifty-two, by inserting the word "or"
and a new subdivision to read as follows:
"(10) Support and operation of the Hatfield-McCoy recreation area by the participating
county commissions in the Hatfield-McCoy Regional Recreational Authority.";
And,
That the Senate agree to all other amendments of the House of Delegates to the bill and its
title.
Respectfully submitted,
Edwin J. Bowman, Thomas W. Campbell,
H. Truman Chafin, Jack Yost,
John Yoder, Mitch Carmichael,
Conferees on the part Conferees on the part
Senate.of the House of Delegates.
On motion of Delegate Campbell, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 505),
and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Border, Canterbury, Eldridge, Frederick, Lane, J. Miller,
Overington, Rowan, Spencer and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 178) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Manchin, from the Committee of Conference on matters of disagreement between
the two houses, as to
S. B. 438, Relating to Investment Management Board.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the House
of Delegates amendment to S. B. 438 having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses, as follows:
That the Senate agree to the amendment of the House of Delegates striking out everything
following the enacting section and inserting their provisions, except that as to section nine-c,
beginning on page ten, line eighteen, the House of Delegates recede from its position as to all of
section nine-c, restoring the Senate language as to all of section nine-c.
On page eleven, section twelve, line fifteen, that both houses recede from their respective
positions as to the House of Delegates amendment, and agree to the same as follows:
"§12-6-12. Investment restrictions.
(a) The board shall hold in non-real estate equity investments no more than sixty seventy-five
percent of the assets managed by the board and no more than sixty seventy-five percent of the assets
of any individual participant plan or the consolidated fund.
(b) In addition to any investments the board may make pursuant to subsection (h) of this
section, the board shall hold in real estate equity investments no more than twenty-five percent of
the assets managed by the board and no more than twenty-five percent of the assets of any individual
participant plan: Provided, That any such investment be only made upon the recommendation by
a professional, third-party fiduciary investment adviser registered with the Securities and Exchange
Commission under the Investment Advisors Act of 1940, as amended, upon the approval of the
board or a committee designated by the board, and upon the execution of the transaction by a third-
party investment manager: Provided, however, That the board's ownership interest in any fund is
less than forty percent of the fund's assets at the time of purchase: Provided further, that the
combined investment of institutional investors, other public sector entities, and educational
institutions and their endowments and foundations in the fund is in an amount equal to or greater
than fifty percent of the board's total investment in the fund, at the time of acquisition. For the
purposes of this subsection, 'fund' means a real estate investment trust traded on a major exchange
of the United States of America, or a partnership, limited partnership, limited liability company or
other entity holding or investing in related or unrelated real estate investments, at least three of which
are unrelated and the largest of which is not greater than forty percent of the entity's holdings, at the
time of purchase.
(b) (c) The board shall hold in international securities no more than twenty thirty percent of
the assets managed by the board and no more than twenty thirty percent of the assets of any
individual participant plan or the consolidated fund.
(c) (d) The board may not at the time of purchase hold more than five percent of the assets
managed by the board in the non-real estate equity securities of any single company or association:
Provided, That if a company or association has a market weighting of greater than five percent in the Standard & Poor's 500 index of companies, the board may hold securities of that non-real estate
equity equal to its market weighting.
(d) The board shall at all times limit its asset allocation and types of securities to the
following:
(1) The board may not hold more than twenty percent of the aggregate participant plan assets
in commercial paper. Any commercial paper at the time of its acquisition shall be in one of the two
highest rating categories by an agency nationally known for rating commercial paper;
(2) At no time shall the board hold more than seventy-five percent of the assets managed by
the board in corporate debt. Any corporate debt security at the time of its acquisition shall be rated
in one of the six highest rating categories by a nationally recognized rating agency; and
(3) (e) No security may be purchased by the board unless the type of security is on a list
approved by the board. The board may modify the securities list at any time and shall give notice
of that action pursuant to subsection (g), section three of this article and shall review the list at its
annual meeting.
(e) (f) Notwithstanding the investment limitations set forth in this section, it is recognized
that the assets managed by the board, or the assets of the consolidated fund or participant plans,
whether considered in the aggregate or individually, may temporarily exceed the investment
limitations in this section due to market appreciation, depreciation and rebalancing limitations.
Accordingly, the limitations on investments set forth in this section shall not be considered to have
been violated if the board rebalances the assets it manages or the assets of the consolidated fund or
participant plans, whichever is applicable, to comply with the limitations set forth in this section at
least once every six twelve months based upon the latest available market information and any other
reliable market data that the board considers advisable to take into consideration, except for those
assets authorized by subsections (b) and (h) of this section, for which compliance with the percentage
limitations shall be measured at such time as the investment is made.
(f) (g) The board, at the annual meeting provided for required in subsection (h), section three
of this article, shall review, establish and modify, if necessary, the investment objectives of the individual participant plans as incorporated in the investment policy statements of the respective
trusts so as to provide for the financial security of the trust funds giving consideration to the
following:
(1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
(h) In addition to any and all other investments the board may make under this article and all
investment authority granted to the board by this article, the board is expressly authorized to invest
no more than twenty percent of the assets managed by the board, and no more than twenty percent
of the assets of any individual participant plan, or any other endowment or other fund managed by
the board, as measured at the time of the investment, in any one or more classes, styles or strategies
of alternative investments suitable and appropriate for investment by the board. A suitable and
appropriate alternative investment is a private equity fund such as a venture capital, private real
estate or buy-out fund; commodities fund; distressed debt fund; mezzanine debt fund; hedge fund;
put or call on an individual security purchased for the purpose of hedging an authorized investment
position; or fund consisting of any combination of private equity, distressed or mezzanine debt,
hedge funds, private real estate, commodities and other types and categories of investment permitted
under this article: Provided, That any such investment be only made upon the recommendation by
a professional, third-party fiduciary investment adviser registered with the Securities and Exchange
Commission under the Investment Advisors Act of 1940, as amended, upon the approval of the
board or a committee designated by the board, and upon the execution of the transaction by a third-
party investment manager: Provided, however, That if the standard confidentiality agreements, policies or procedures of any firm, company or organization through which the board invests in
securities prohibit, restrict or limit the disclosure of information pertaining to the securities, the
information shall be exempt from disclosure, under the provisions of chapter twenty-nine-b of this
code or otherwise, to the extent of the prohibitions, restrictions or limitations: Provided further,
That the board's ownership interest in any fund is less than forty percent of the fund's assets at the
time of purchase: And provided further, That the combined investment of institutional investors,
other public sector entities, and educational institutions and their endowments and foundations in
the fund is in an amount equal to or greater than fifty percent of the board's total investment in the
fund, at the time of acquisition. For the purposes of this subsection, 'fund' means a partnership,
limited partnership, limited liability company or other form of entity holding or investing in a
collection of related or unrelated investments, at least three of which are unrelated and the largest
of which is not greater than forty percent of the fund's composition, at the time of purchase. To
facilitate access to markets, control, manage or diversify portfolio risk, or enhance performance or
efficiency in connection with investments in alternative investments and all other types and
categories of investment permitted under this article, the board may enter into commercially
customary and prudent market transactions consistent with the laws of the state: Provided, That
neither the purpose nor the effect of such transactions may materially increase market risk or market
exposure of the total portfolio of investments as adjusted from time to time by the board. The
investments described in this subsection are subject to the requirements, limitations and restrictions
set forth in this subsection of this section, and the standard of care set forth in section eleven of this
article, but are not subject to any other limitations or restrictions set forth elsewhere in this article
or code."
And,
That both houses recede from their positions as to the title of the bill and agree to the same
as follows:
S. B. 438 - "A Bill to amend and reenact §12-6-2, §12-6-4, §12-6-9c, §12-6-12 and §12-6-
14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6-18, all relating to investment of moneys by the West Virginia Investment
Management Board; modifying the type and amount of bonds or insurance coverage that may be
obtained and maintained by the Investment Management Board; authorizing the establishment and
maintenance of a self-insurance account in connection with the procurement and maintenance of
insurance coverage by the Investment Management Board; modifying provisions relating to authority
of the board to make certain investments in investment companies or investment trusts registered
under the Investment Company Act of 1940; modifying restrictions and limitations on permissible
investments by the West Virginia Investment Management Board; authorizing investment in real
estate investment funds and alternative investment funds and establishing conditions and limitations
on the same; providing an exemption from disclosure under the Freedom of Information Act with
respect to information concerning which disclosure is prohibited, restricted or limited by standard
confidentiality agreements, policies or procedures of firms, companies or organizations through
which the West Virginia Investment Management Board invests, to the extent of the prohibitions,
restrictions or limitations; requiring certain additional information be part of the Investment
Management Board's annual report; providing authority for the Legislature to commission or direct
audits, reviews and studies as it considers necessary; and specifying that the provisions of the article
are to be liberally construed to effect the public purposes of the article."
Respectfully submitted,
Dan Foster, Tim Manchin,
Brooks McCabe, Orphy Klempa,
Mike Hall, Ron Walters,
Conferees on the part Conferees on the part
of the Senate. of the House of Delegates.
On motion of Delegate Manchin, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 506),
and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Border, Ellem, Fleischauer, Frederick, Lane, Michael and Schoen.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 438) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Miscellaneous Business
Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Perdue
regarding the pharmaceutical drug industry be printed in the Appendix to the Journal.
Delegate White asked and obtained unanimous consent that the remarks of Delegate DeLong
regarding S. B. 749, Relating to corporation net income tax, be printed in the Appendix to the
Journal.
Delegate C. Miller asked and obtained unanimous consent that the remarks of Delegates
Carmichael and Armstead regarding S. B. 749, Relating to corporation net income tax be printed
in the Appendix to the Journal.
Delegate Palumbo asked and obtained unanimous consent that the remarks of Delegate Doyle
regarding S. B. 739, Relating to disclosure of transactions with affiliates and other related parties be
printed in the Appendix to the Journal.
Conference Committee Reports
Delegate Kominar, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the Senate
amendment to Com. Sub. for H. B. 2955 having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the Senate amendment, on pages
eight through ten, by striking out all of section forty seven, and agree to the same as follows:
"§11-14C-47. Disposition of tax collected; dedicated receipts; reports.
(a) There is hereby created and established in the state treasury a special revolving fund to
be known and designated as the 'Motor Fuel General Tax Administration Fund.' The commissioner
is authorized to retain one half of one percent of the tax collected pursuant to the provisions of this
article: Provided, That in any fiscal year in which the tax collected pursuant to the provisions of this
article exceed three hundred million dollars, the commissioner is authorized to retain an additional
one percent of the tax in excess of the three hundred million dollars that is collected. The amounts
retained by the commissioner under this subsection shall be deposited in the motor fuel general tax
administration fund and may be expended for the general administration of taxes imposed by this
chapter.
(b) All remaining tax collected under the provisions of this article after deducting the amount
of any refunds lawfully paid shall be paid into the state road fund and used only for the purpose of
construction, reconstruction, maintenance and repair of highways, matching of federal moneys
available for highway purposes and payment of the interest and sinking fund obligations on state
bonds issued for highway purposes.
(c) Not less than monthly, beginning the first day of July, two thousand seven, the
Commissioner of Highways shall report to the Joint Committee on Government and Finance or its
designated subcommittee on the amount of tax paid into the state road fund under subsection (b) of
this section, any matching federal funds, and all expenditures therefrom."
That the Senate recede from the amendment to the enacting section of the bill, restoring the
House of Delegates language as to the enacting section.
And,
That both houses recede from their positions as to the title of the bill and agree to the same
as follows:
Com. Sub. for H. B. 2955 - "A Bill to amend and reenact §11-14C-5 and §11-14C-47 of
the Code of West Virginia, 1931, as amended, all relating to the motor fuel excise tax generally;
extending the date to which the rate of the flat-rate component of the motor fuel excise tax will
remain at twenty and one-half cents per invoiced gallon; and requiring the Commissioner of
Highways to report to the Joint Committee on Government and Finance or its designated
subcommittee on the amount of tax paid into the state road fund, any matching federal funds, and
all expenditures therefrom."
Respectfully submitted,
K. Steven Kominar,Walt Helmick,
Larry W. Barker,Larry J. Edgell,
Allen V. Evans,Jesse O. Guills,
Conferees on the part Conferees on the part
of the House of Delegates of the Senate
On motion of Delegate Kominar, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 507),
and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Blair, Carmichael, Duke, Lane, C. Miller, J. Miller, Overington,
Porter, Romine, Rowan, Schoen, Sobonya, Sumner, Tansill and Walters.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2955) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Miley, from the Committee of Conference on matters of disagreement between the
two houses, as to
Com. Sub. for H. B. 2498, Relating to sexual offenses involving children,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the Senate to Com. Sub. for H. B. 2498 having met, after full and free conference,
have agreed to recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to amendments of the Senate
striking out every thing following the enacting section and inserting new language, and agreeing to
the same as follows:
"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) Except as provided in subsection (c), 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 not more than ninety days, or fined not more than two hundred fifty dollars and confined
in the county jail not more than ninety days.
(c) Any person who violates the provisions of subsection (a) of this section by intentionally
exposing himself or herself to another person and the exposure was done for the purpose of sexual
gratification, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than
five hundred dollars or confined in jail not more than twelve months, or both. For a second offense,
the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one
thousand dollars and confined in jail for not less than thirty days nor more than twelve months. For
a third or subsequent offense, the person is guilty of a felony and, upon conviction thereof, shall be fined not more than three thousand dollars and imprisoned in a state correctional facility for not less
than one year nor more than five years.
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."
And,
That both houses recede from their respective positions as to the title of the bill and agree to
a new title as follows:
Com. Sub. for H. B. 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; increased penalties for indecent exposure for the purpose of sexual gratification; and,
expanding the definition of sexual contact to include the touching of the buttocks."
Respectfully submitted,
Tim Miley,Joseph M. Minard,
Mike Burdiss,Erik Wells,
Tom Azinger,Andy McKenzie,
Conferees on the part Conferees on the part
of the House of Delegates
of the Senate.
On motion of Delegate Miley, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 508),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2498) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Hrutkay, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for H. B. 2051 Including lasers as a method of proving the speed of vehicles,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the Senate to Com. Sub. for H. B. 2051 having met, after full and free conference,
have agreed to recommend and do recommend to their respective houses as follows:
That the Senate recede from its amendment to the bill and to its title.
Respectfully submitted,
Lidella Wilson Hrutkay, Randy White,
Linda Longstreth, Mike Green,
Robert A. Schadler, Mike Hall,
Conferees on the part Conferees on the part
of the House of Delegates of the Senate.
On motion of Delegate Hrutkay, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 509),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Porter.
Absent And Not Voting: Speaker Thompson, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2051) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Swartzmiller, from the Committee of Conference on matters of disagreement
between the two houses, as to
S. B. 454, Renaming and restructuring Bureau of Employment Programs.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to S. B. 454 having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses, as follows:
That the House of Delegates recede from its amendment on page ten, section nine, after line
sixty-seven, inserting a new subsection (g);
That the House recede from its title amendment;
And,
That the Senate agree to all other House amendments to the bill.
Respectfully submitted,
Billy Wayne Bailey, Randy Swartzmiller,
Joseph M. Minard, Sam Argento
John Yoder Patti Eaglosk Schoen
Conferees on the part Conferees on the part
of the Senate. of the House of Delegates.
On motion of Delegate Swartzmiller, the report of the Committee of Conference was
adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 510),
and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Doyle, Lane and Porter.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 454) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 511), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 454) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Palumbo, from the Committee of Conference on matters of disagreement between
the two houses, as to
S. B. 589, Expanding powers and duties of Director of Personnel.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to S. B. 589 having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House
of Delegates on page three, section seven, and that both houses agree to the following amendment:
On page three, section seven, line twenty-nine, following the word "incentives," by striking
out the remainder of the subdivision and inserting in lieu thereof the following: "which
notwithstanding any provision of this code to the contrary, may include a one time monetary
incentive for recruitment and retention of employees in critically understaffed classifications. The
director, in consultation with the Board, shall determine which classifications are critically
understaffed. The one time monetary incentive program shall continue until the thirtieth day of June,
two thousand nine. The director shall report, annually on or before the thirty-first day of December,
commencing in the year two thousand seven, to the Joint Committee on Government and Finance.
The annual report shall provide all relevant information on the one time monetary incentive program
and the understaffed classifications in state agencies."
Respectfully submitted,
Brooks McCabe, Corey L. Palumbo,
Evan H. Jenkins, K. Steven Kominar
Larry J. Edgell, Douglas K. Stalnaker
Clarke S. Barnes, Allen V. Evans
Donna J. Boley, Ruth Rowan
Conferees on the part Conferees on the part
of the Senate. of the House of Delegates.
On motion of Delegate Palumbo, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 512),
and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Canterbury, Carmichael, Frederick and Sumner.
Absent And Not Voting: Schoen, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 589) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 513), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 589) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Long, from the Committee of Conference on matters of disagreement between the
two houses, as to
Com. Sub. for S. B. 738, Requiring WV Parkways, Economic Development and Tourism
Authority present proposed toll revision to Joint Committee on Government and Finance.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to Engrossed Com. Sub. for S. B. 738 having met, after full and free
conference, have agreed to recommend and do recommend to their respective houses, as follows:
That the House of Delegates recede from all its amendments to the bill and the title.
Respectfully submitted,
H. Truman Chafin, Marshall Long,
Ron Stolllings, Clif Moore,
Don Caruth, Thomas Mike Porter,
Conferees on the part Conferees on the part
of the Senate. of the House of Delegates.
On motion of Delegate Long, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 514),
and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Sobonya and Stalnaker.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 738) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 515), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 738) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Campbell, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for S. B. 185, Creating Tobacco Settlement Finance Authority.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to Engrossed Committee Substitute for Senate Bill No. 185 having met,
after full and free conference, have agreed to recommend and do recommend to their respective
houses, as follows:
That the Senate agree to the following House of Delegates amendments:
On page six, section one-a, line twenty-one, following the word "of" by removing the word
"fifty" and inserting in lieu thereof the word "forty-five".
On page seventeen, section eight, line four, following the word "chairperson" and the comma
by inserting the words "the Treasurer of the State of West Virginia,".
On page seventeen, section eight, line four, following the word "and" by removing the word
"four" and inserting in lieu thereof, the word "three".
On page twenty-two, section eleven, line fifty-eight, by removing subsection (13) in its
entirety.
On page twenty-two, section eleven, line sixty, by removing subsection (14) in its entirety.
On page twenty-three, section eleven, line seventy-seven, following the word "subsection"
by removing the designation (7) and inserting in lieu thereof the designation (8) and by redesignating
all subsections in section eleven accordingly.
And,
On page twenty-six, section twelve, line sixty-four, following the designation "(7)" by
removing the subsection in its entirety and inserting in lieu thereof the following: "A requirement
that the cost of issuance excluding fees for bond insurance, credit enhancements, liquidity facilities
and rating agency fees, plus underwriter's discount and any other costs associated with the issuance
shall not exceed, in the aggregate, the sum of one percent of the aggregate principal amount of the
bonds issued".
That the House of Delegates recede from its position as to the following amendments:
On page twenty-four, section twelve, line nine, following the word "than" by removing the
words "eight hundred" and inserting in lieu thereof the words "seven hundred seventy-five".
And,
On page twenty-five, section twelve, line forty-seven, following the word "than" by removing
the words "eight hundred" and inserting in lieu thereof the words "seven hundred seventy-five".
Respectfully submitted,
Walt Helmick, Thomas W. Campbell,
John Pat Fanning, John Doyle
Vic Sprouse, William Anderson
Conferees on the part Conferees on the part
of the Senate.of the House of Delegates.
On motion of Delegate Campbell, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 516),
and there were--yeas 82, nays 16, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Frederick, Guthrie,
Michael, C. Miller, Overington, Schoen, Sobonya, Sumner and Swartzmiller.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 185) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 517), and there were--yeas 96, nays
2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Duke and Schoen.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 185) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At 10:37 p.m., on motion of Delegate DeLong, the House of Delegates recessed for ten
minutes, and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2253, Providing certain correctional officers be transferred into the civil
service system as covered employees.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
"ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-27. Employees of Regional Jail Authority; priority of hiring; civil service coverage.
(a) Notwithstanding any provision of this code to the contrary, the authority, when employing
correctional officers hiring employees to complete the approved staffing plan of a regional jail
completed after the effective date of this section, shall employ any correctional officer applying for
a position as a correctional officer at a regional jail who was employed in good standing at a county
jail facility in the region at the time of its closing or at a prison facility operated by the division of
corrections: Provided, That the regional jail is located within the same region as the prison facility
that was closed due to relocation of the prison facility to a site outside the region. Only those
correctional officers, who are employees in good standing at the time the prison facility is closed,
are eligible for transfer under the provisions of this subsection. Correctional officers, employed
under the provisions of this subsection, shall be employed shall do so at a salary and with benefits
consistent with the approved plan of compensation of the Division of Personnel, created under
section five, article six, chapter twenty-nine of this code. All correctional officers persons employed under this subsection shall also be covered by the policies and procedures of the education and state
employees grievance board, created under section five, article six-a, chapter twenty-nine of this code
and the classified-exempt service protection policies of the division of personnel be placed in the
civil service system as covered employees. On and after the first day of January, two thousand eight,
the executive director, of the Regional Jail and Correctional Facility Authority; all employees within
the office of the executive director and all regional jail administrators are exempt from coverage
under the classified service.
(b) The authority shall, when employing correctional officers to fill positions within the
approved staffing plan of any regional jail, employ any correctional officer applying for a position
as a correctional officer at a regional jail who was previously employed as a correctional officer in
good standing at any local jail facility: Provided, That the local jail facility is located within the
same region as the regional jail at the time of the local jail facility's closing or reduction in size and
was reduced in size or closed prior to or due to the completion of the regional jail within the region.
Correctional officers Persons employed under the provisions of this subsection shall be employed
at a salary and with benefits consistent with the approved plan of compensation of the Division of
Personnel, created under section five, article six, chapter twenty-nine of this code. Only those county
correctional officers who are employees in good standing at the time the local jail facility is closed
are eligible for transfer under the provisions of this subsection. All correctional officers All persons
employed under this subsection shall also be covered by the policies and procedures of the Education
and State Employees Grievance Board created under section five, article six-a, chapter twenty-nine
of this code. and the classified-exempt service protection of the division of personnel
(c) Not withstanding the provisions of section ten, article six, chapter twenty-nine of this
code, and any rule promulgated thereunder, on and after the first day of July, two thousand seven,
any person applying for employment with the Regional Jail and Correctional Facility Authority shall
be hired based on passage of the correctional officer examination without regard to his or her
position on the correctional officer register and shall be placed in the civil service system as covered employees: Provided, That no such person shall be hired before an otherwise qualified person on a
preference register."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2253 - "A Bill to amend and reenact §31-20-27 of the Code of West
Virginia, 1931, as amended, relating to requiring classified service designation for certain Regional
Jail and Correctional Facility Authority employees; providing that certain employees retain their
current exempt status; and authorizing employment of new employees who have successfully
completed certain required examinations."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 518), and there were--yeas
82, nays 3, absent and not voting 15, with the nays and absent and not voting being as follows:
Nays: Andes, Lane and Overington.
Absent And Not Voting: Amores, Barker, Beach, Brown, Craig, Eldridge, Fleischauer,
Frederick, Michael, Perdue, Porter, Reynolds, Staggers, Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2253) passed.
Delegate DeLong moved that the bill take effect January 1, 2008.
On this question, the yeas and nays were taken (Roll No. 519), and there were--yeas 87, nays
none, absent and not voting 13, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Craig, Eldridge, Fleischauer, Frederick,
Michael, Porter, Reynolds, Staggers, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2253) takes effect January 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence as to the effective date thereof.
Reordering of the Calendar
Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for
S. B. 528, on third reading, House Calendar, to the Special Calendar.
Conference Committee Reports
Delegate Moore, from the Committee of Conference on matters of disagreement between the
two houses, as to
H. B. 2568, Extending the sunset provision regarding racial profiling analysis,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the Senate to H. B. 2568 having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to amendments of the Senate
striking out every thing following the enacting section and inserting new language, and agreeing to
the same as follows:
ARTICLE 2. ANALYSIS OF TRAFFIC STOPS STUDY AND ANNUAL REPORT BY
DIRECTOR OF THE GOVERNOR'S COMMITTEE ON CRIME,
DELINQUENCY AND CORRECTION.
§17G-2-3. Analysis of traffic stop statistics, annual report and legislative rules.
(a) To facilitate the commencement of data collection on the first day of January, two
thousand five, the Director of the Governor's Committee on Crime, Delinquency and Corrections,
in consultation with the Division of Motor Vehicles, shall propose emergency and legislative rules
in accordance with article three, chapter twenty-nine-a of this code. These rules shall include, but
are not limited to:
(1) The manner of reporting the information to the Division of Motor Vehicles;
(2) Promulgation of a form or forms for reporting purposes by various law-enforcement
agencies;
(3) A means of reporting the information required in section two, article one of this chapter
on warning citations to the Division of Motor Vehicles;
(4) In consultation with the Fraternal Order of Police, the Sheriff's Association, the Deputy
Sheriff's Association and representatives of law-enforcement agencies, a means of providing training
to law-enforcement officers on completion and submission of the data on the proposed form;
(5) A means of reporting back to individual law-enforcement agencies, from time to time,
at the request of a law-enforcement agency on findings specific to that agency in an agreed-upon
format to allow the agency to evaluate independently the data provided;
(6) A limitation that the data is to be used solely for the purposes of this chapter;
(7) Safeguards to protect the identity of individual law-enforcement officers collecting data
required by section two, article one of this chapter when no citation or warning is issued;
(8) Methodology for collection of gross data by law-enforcement agencies and the analysis
of the data;
(9) The number of motor vehicle stops and searches of motor vehicles occupied by members
of a perceived minority group; the number of motor vehicle stops and searches of motor vehicles
occupied by persons who are not members of a minority group; the population of minorities in the
areas where the stops occurred; estimates of the number of all vehicles traveling on the public
highways where the stops occurred; factors to be included in any evaluation that the data may
indicate racial profiling, racial stereotyping or other race-based discrimination or selective
enforcement; and other data deemed appropriate by the Governor's Committee on Crime,
Delinquency and Correction for the analysis of the protection of constitutional rights; and
(10) Protocols for reporting collected data by the Division of Motor Vehicles to the
Governor's Committee on Crime, Delinquency and Correction and the analysis thereof.
(b) On Annually, on or before the first day of February, two thousand six, and each year
thereafter, the Director of the Governor's Committee on Crime, Delinquency and Correction shall publish a public report of the data collected and provide a copy thereof to all law-enforcement
agencies subject to this chapter and provide a copy of the report and analysis of the data collected
to the Governor and to the Joint Committee on Government and Finance.
(c) The provisions of sections two and three, article one of this chapter and section two of
this article shall become effective after were effective the thirty-first day of December, two thousand
four.
(d) Collection of data pursuant to subsection (a) of this section shall terminate on the thirty-
first day of December, two thousand eight. The provisions of this chapter shall be of no force or
effect after the thirty-first day of December thirtieth day of June, two thousand seven nine."
And,
That both houses recede from their respective positions as to the title of the bill and agree to
a new title as follows:
H. B. 2568 - "A Bill to amend and reenact §17G-2-3 of the Code of West Virginia, 1931,
as amended, relating to extending the sunset provision regarding racial profiling analysis."
Respectfully submitted,
Clif Moore, Dan Foster,
Marshall Long, Evan H. Jenkins,
Patrick Lane, Dave Sypolt,
Conferees on the part Conferees on the part
of the House of Delegates. of the Senate.
On motion of Delegate Lane, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 520),
and there were--yeas 86, nays 5, absent and not voting 9, with the nays and absent and not voting
being as follows:
Nays: Andes, Blair, Hamilton, Overington and Sobonya.
Absent And Not Voting: Amores, Brown, Craig, Michael, Porter, Reynolds, Staggers,
Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2568) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Varner from the Committee of Conference on matters of disagreement between the
two houses to:
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more
than every two thousand feet on all new installation of water mains,
Submitted the following report, which was received:
Your Committee on Conference on the disagreeing votes of the two houses on the Senate
amendment to Com. Sub. for H. B. 2709, having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses as follows:
That the Senate recedes from its position as to its amendment, both houses receding from
their respective positions and agree to the same as follows:
On page two, section twenty-one, line sixteen, following the word: "hydrant" and the period,
by inserting the following: "Provided, That the Legislature shall study the effect, cost and feasibility
of the internal hydrant valve and report the findings of that study to the regular session of the
Legislature in the year two thousand and eight."
Respectfully Submitted,
Scott Varner, John Pat Fanning,
Locke Wysong, Karen L. Facemyer,
Patrick Lane, Ron Stollings,
Conferees on the part Conferees on the part
of the House of Delegates of the Senate.
On motion of Delegate Varner, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 521),
and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Brown, Craig, Michael, Porter, Reynolds, Staggers,
Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2709) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Stemple, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water,
telecommunications, electric and solid waste service.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to Com. Sub. for H. B. 3161 having met, after full and free conference,
have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate
and that the Senate and House agree to amend as follows:
"ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-45. Tampering with pipes, tubes, wires or electrical conductors; penalty.
Every person who, with intent to injure or defraud, connects, or causes to be connected, any
pipe, tube, wire, electrical conductor or other instrument with any main, service pipe, or other pipe
or conduit or flume for conducting water, or with any main, service pipe, or other pipe or conduit
for conducting oil, natural gas, or with any main, service wire or other electric conductor used for the purpose of conducting electric energy for light, heat or motive services, for the purpose of taking
therefrom water, oil, natural gas, telecommunications service, or electric energy, without the
knowledge of the owner thereof and with intent to evade payment therefor, shall be is guilty of a
misdemeanor and, upon conviction thereof, shall: B be confined in the county jail not exceeding
twelve months, or fined not exceeding one two thousand dollars, or both, in the discretion of the
court;."
And
That both houses recede from their respective positions as to the title of the bill and agree to
a new title as follows:
Com. Sub. for H. B. 3161 - "A Bill to amend and reenact §61-3-45 of the Code of West
Virginia, 1931, as amended, relating to the theft of oil, natural gas, water, telecommunications and
electric service; and increasing the maximum fine upon conviction.
Respectfully submitted,
Evan Jenkins, William Stemple,
Jon Hunter, John Pino,
Clark S. Barnes, Kelli Sobonya,
Conferees on the part Conferees on the part
of the Senate. of the House of Delegates.
On motion of Delegate Campbell, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H.
B. 3161 under the provisions of House Rule 49 stating that his employer represented natural gas
interests.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 522),
and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Kessler.
Absent And Not Voting: Brown, Porter, Staggers, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3161) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Craig, from the Committee of Conference on matters of disagreement between the
two houses, as to
Com. Sub. for S. B. 67, Relating to school access safety generally.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to Com. Sub. for S. B. 67 having met, after full and free conference, have
agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House,
striking out everything after the enacting clause, and agree to the same as follows:
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; that said code be amended by adding thereto
a new section, designated §18-9D-20; 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.
§18-9D-20. Rules.
(a) The authority is hereby empowered to promulgate, adopt, amend or repeal rules in
accordance with the provisions of article three-a, chapter twenty-nine-a of this code.
(b) All rules adopted or promulgated by the authority and in effect immediately prior to the
effective date of this section shall be refiled pursuant to the provisions of article three-a, chapter
twenty-nine-a of this Code on or before the first day of September, two thousand seven.
(1) Any interpretive or procedural rule shall continue in effect until rescinded or appropriately
refiled by the authority.
(2) Any legislative rule shall continue in effect until approved or rejected by the Legislature
or rescinded by the authority.
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 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 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) 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 any new school building receiving funds
from the authority shall comply with the school access safety standards established by the authority.
Any new school building that does not comply with the school access safety standards may not
receive any funds from the authority pursuant to this article.
(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 establishes standards for school
access safety in public school buildings. The rule shall require for any project that will receive
funding pursuant to this article that the county board shall submit any new school design 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.
And,
That both houses recede from their respective positions as to the title of the bill, and agree
to the same as follows:
Com. Sub. for S. B. 67 - "A Bill to amend and reenact §18-9D-2 the Code of West Virginia,
1931, as amended; to amend and reenact §18-9D-15 of said code; to amend said code by adding
thereto a new section, designated §18-9D-20; and to further amend said code 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 relating to the School Building Authority and school access safety generally; declaring
legislative findings and intent; defining certain terms; authorizing the School Building Authority to
facilitate and provide funding for enhancing the safe ingress to and egress from public schools;
providing for county boards to develop and submit to the authority school access safety plans;
requiring authority to establish certain guidelines and procedures regarding the plans, plan
modifications and evaluation of projects developed pursuant to the plans; creating a special account
in the State Treasury; authorizing carry-forward of account funds; providing process, requirements
and eligibility for allocating and disbursing moneys to counties; establishing school access safety
requirements for certain new school buildings; authorizing legislative rules; requiring refiling of
authority rules; requiring certain rules of authority to be refiled as legislative rules; and requiring
report on implementation of school access safety requirements."
Respectfully submitted,
Mike Green, Kevin J. Craig,
Ron Stollings, Timothy R. Ennis,
Mike Hall, Jeffery L. Tansill,
Conferees on the part Conferees on the part
of the Senate. of the House of Delegates.
On motion of Delegate Craig, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 523),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Brown, Porter, Staggers, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 67) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Special Calendar
Third Reading
Com. Sub. for S. B. 528, Depositing certain pesticide license fees into Pesticide Control
Fund; on third reading, coming up in regular order, with an amendment pending, was reported by
the Clerk.
The Clerk then reported an amendment offered by Delegate Boggs, amending the bill on page
one, following the enacting clause, by inserting in lieu thereof the following:
"That §19-30-1, §19-30-2, §19-30-3, §19-30-4, §19-30-5, §19-30-6, §19-30-7, §19-30-8,
§19-30-9, §19-30-10, §19-30-11 and §19-30-12 of the code of West Virginia, 1931, as amended, be
repealed; that §19-16A-7 and §19-16A-23 of said code, be amended and reenacted; and that said
code be amended by adding thereto a new article, designated §15-5C-1, §15-5C-2, §15-5C-3, §15-
5C-4, §15-5C-5, §15-5C-6, §15-5C-7, §15-5C-8, §15-5C-9, §15-5C-10, §15-5C-11, and §15-5C-12,
all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 5C. DONATED FOOD.
§15-5C-1. Purpose.
The purpose of this article is to address the problem of hunger in this state by improving the
distribution of food to the hungry, providing a means of funding agencies which distribute food on
an emergency basis, gathering and disseminating information related to the problem of hunger,
assuring that distribution activities are responsive to the needs of local donated food banks,
facilitating the creation of donated food banks and ensuring the security of and maximum access to
food banks.
§15-5C-2. Administration of donated food program transferred from the Department of
Agriculture to the Department of Military Affairs and Public Safety.
(a) Effective the first day of July, two thousand seven, the Department of Military Affairs and
Public Safety is designated as the state agency to:
(1) Receive food donated by the United States Department of Agriculture, other federal or
state agencies, corporations, private persons or entities;
(2) Receive payments for storage and distribution of the donated food;
(3) Distribute the food to educational or charitable institutions;
(4) Allocate funds received relating to the donated food; and
(5) Enter into agreements and take other actions necessary to exercise the authority provided
in this article.
(b) Effective the first day of July, two thousand seven, all responsibility for receiving, storing
and distributing donated food previously assigned to the Department of Agriculture is transferred
to the Department of Military Affairs and Public Safety. The Commissioner of Agriculture and the
Secretary of the Department of Military Affairs and Public Safety, acting jointly, are empowered to
facilitate an orderly, efficient and economical transfer of the donated food program and related
program functions, including the transfer of employees.
(c) Effective the first day of July, two thousand seven, all unencumbered funds remaining
with the Department of Agriculture related to the transferred donated food program shall be
transferred to the appropriate accounts of the Department of Military Affairs and Public Safety.
§15-5C-3. Special revenue account created for donated food program.
(a) Effective the first day of July, two thousand seven, there is hereby reestablished and
continued in the state treasury the special revenue account known as the 'Donated Food Fund'
account. Expenditures from said account shall be used by the Department of Military Affairs and
Public Safety for the operation of the donated food program 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 five-a of this code.
(b) The Secretary is authorized to solicit and accept donations, gifts, grants, bequests and
other funds made available to the Department of Military Affairs and Public Safety from private sources for the donated food program, which funds shall be placed in the donated food fund special
revenue account.
§15-5C-4. Donation of food items; exemption from civil and criminal liability.
Any person who makes a good faith donation of prepared or perishable food which appears
to be fit for human consumption at the time it is donated to a charitable or nonprofit organization is
not liable for damages in any civil action or subject to criminal prosecution for any injury or death
due to the condition of the food unless the injury or death is a direct result of the gross negligence,
recklessness or intentional misconduct of the donor.
A charitable or nonprofit organization or an officer, employee or volunteer of the
organization that in good faith receives and distributes, without charge, food which appears to be fit
for human consumption at the time it is distributed is not liable for damages in any civil action or
subject to criminal prosecution for any injury or death due to the condition of the food unless the
injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of
the organization or its officers, employees or volunteer workers.
This section applies to all good faith donations of perishable food which is not readily
marketable due to appearance, freshness, grade, surplus supply or other conditions.
§15-5C-5. Definitions.
In this article, unless the context otherwise requires:
'Agricultural product' means any fowl, animal, vegetable or other item, product or article
which is customary food or which is proper food for human consumption.
'Donated food bank' means a nonprofit organization that solicits, stores, or redistributes food
products to charitable organizations and individuals for the purpose of feeding needy families and
individuals.
'Nonprofit charitable organization' means an organization which is organized and operates
for a charitable purpose.
§15-5C-6. Authorization of donations; diversion of products by directors to organizations.
A person engaged in the business of processing, distributing or selling any agricultural
product may donate, free of charge, any agricultural product to a donated food bank.
To assist in accomplishing the purposes of this section, the director of each department of
state government shall divert, whenever possible, surplus agricultural products to organizations
operating pursuant to this article.
§15-5C-7. Surplus food collection and distribution centers.
The Department of Military Affairs and Public Safety shall continue operation of and shall
publicize the services of an information and food collection center. The center shall receive and
transmit information concerning available agricultural products and information on each organization
desiring or needing agricultural products to be donated. The center shall also collect, receive, handle,
store and distribute donated agricultural products. A nonprofit charitable organization which
regularly needs agricultural products may be listed with a food collection center to be notified if
agricultural products are available.
§15-5C-8. Minimum standards for food banks.
In order to qualify as a donated food bank, an organization shall meet all of the following
minimum standards:
(1) Have access to storage facilities and refrigeration equipment for the purpose of collecting,
receiving, handling, storing and distributing donated agricultural products;
(2) Be incorporated as a nonprofit tax exempt organization and eligible as a charitable
organization under the Internal Revenue Code [26 United States code section 501(c)(3)] or affiliated
with a qualified organization;
(3) Maintain records for the proper control of inventory;
(4) Demonstrate the availability of adequate liability insurance to cover the activities
conducted pursuant to this article; and
(5) Show local support through funding sources, letters of endorsement and a board of
directors which reflects the community and population to be served.
§15-5C-9. State surplus buildings and equipment; availability to donated food banks.
The Commissioner of the Department of Administration shall assist a food bank by locating
and providing available state surplus buildings or equipment necessary for the operation of a donated
food bank for use without charge.
§15-5C-10. Effect of article on other nonprofit organizations.
Nothing in this article may restrict or limit the operation of any other nonprofit organization
which is engaged in the distribution of agricultural products to nonprofit charitable organizations.
§15-5C-11. Application of article to food stamp act.
Consonant with 7 C.F.R. 273.9(c)(1), programs operated in accordance with this article shall
complement and not in any way lessen assistance to families and individuals pursuant to the Food
Stamp Act of 1977 as amended, (7 U.S.C. 2011 through 7 U.S.C. 2026).
§15-5C-12. Donated food bank assistance fund; restriction.
(a) Effective the first day of July, two thousand seven, the Donated Food Bank Assistance
Fund and is reestablished and continued. The fund consists of moneys provided by appropriation
and donations, gifts, grants, bequests and other funds made available to the Department of Military
Affairs and Public Safety for assistance to food banks.
(b) A donated food bank which meets the minimum standards for food banks may qualify,
subject to available moneys, for assistance from this fund for any of its operations.
(c) Assistance granted pursuant to this article shall be administered by the Secretary of the
Department of Military Affairs and Public Safety. No more than five percent of the assistance
granted to a donated food bank pursuant to this article may be used for administrative purposes.
CHAPTER 19. AGRICULTURE.
ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT.
§19-16A-7. Annual pesticide business license.
(a) No person may engage in the application of pesticides for hire at any time without a
pesticide application business license issued by the commissioner. The commissioner shall require
an annual fee for each pesticide application business license issued as prescribed by rules
promulgated hereunder under this article.
(b) Application for a pesticide application business license shall be made in writing to the
commissioner on forms approved or supplied by the commissioner. Each application for a license
shall contain information regarding the applicant's qualifications and proposed operations, license
classification or classifications the applicant is applying for and shall include the following:
(1) The full name of the person applying for the license;
(2) If different from subdivision (1) of this section subsection, the full name of the individual
qualifying under subsection (c) of this section;
(3) If the applicant is a person other than an individual, the full name of each member of the
firm or partnership or the names of the officers of the association, corporation or group;
(4) The principal business address of the applicant in the state and elsewhere;
(5) The address of each branch office or suboffice from which the business of applying
pesticides is carried on. Each suboffice shall be licensed;
(6) The name and address of each certified commercial applicator applying pesticides or
supervising the application of pesticides for the pesticide application business;
(7) State tax number; and
(8) Any other necessary information prescribed by the commissioner.
(c) The commissioner may not issue a pesticide application business license until the owner,
manager, partner or corporate officer is qualified by passing an examination to demonstrate to the
commissioner his or her knowledge of the state and federal pesticide laws, safe use and storage of
pesticides. The pesticide application business shall be limited to the classification or classifications
for which the business maintains certified commercial applicators in their employ.
(d) If the commissioner finds the applicant qualified to apply pesticides in the classifications
the applicant has applied for, and if the applicant files the financial security required by this article,
and if the applicant applying for a license to engage in aerial application of pesticides has met all the
requirements of the federal aviation agency, the aeronautics commission of this state, and any other
applicable federal or state laws or regulations to operate the equipment described in the application,
the commissioner shall issue a pesticide application business license. The license so issued expires at the end of the calendar year of issue, unless it has been revoked or suspended prior thereto to
expiration by the commissioner for cause. When the financial security required under this article is
dated to expire at an earlier date, the license shall be dated to expire upon expiration date of said the
financial security. The commissioner may limit the license of the applicant to certain classifications
of pest control work, or to certain areas or to certain types of equipment or to certain specific
pesticides if the applicant is only so qualified. If a license is not issued as applied for, the
commissioner shall inform the applicant in writing of the reasons therefor for the denial.
(e) All persons applying pesticides as a pesticide business, whether or not they are applying
restricted-use pesticides, must shall be a certified applicator in the appropriate category or
subcategory or must shall be a registered technician under the direct supervision of a certified
commercial applicator.
(f) All funds collected pursuant to this section shall be deposited in the General Revenue
Fund Pesticide Control Fund of the state pursuant to section twenty-three of this article.
§19-16A-23. Continuation of Pesticide Control Fund in State Treasury; disposition of certain
fees to General Revenue Fund.
There is hereby created continued a special fund in the State Treasury to be known as
Pesticide Control Fund and may be expended on order of the commissioner. All product registration
fees, dealer, commercial and private applicator license fees, pesticide application business license
fees, nondedicated fees or and civil penalties collected hereunder under this article shall be placed
in the Pesticide Control Fund. The proceeds of the Pesticide Control Fund may be used in carrying
out the purpose of this article. Dealer, commercial and private applicator license fees and pesticide
application business license fees shall be deposited in the General Revenue Fund of the state."
Delegate Boggs then asked and obtained unanimous consent to withdraw his amendment.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 524),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Brown, Porter, Staggers, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 528) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 525), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Porter, Staggers, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 528) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
S. C. R. 62, Requesting Division of Highways name bridge in Berkeley County "Allensville
Memorial Bridge".
S. C. R. 78, Requesting Joint Committee on Government and Finance study animal
protection laws for horses.
S. C. R. 82, Requesting Joint Committee on Government and Finance appoint select interim
committee to study health care reform options.
And,
S. C. R. 83, Requesting Joint Committee on Government and Finance study permitting
public recreational use of certified managed timberland.
And reports the same back with the recommendation that they each be adopted.
At the respective requests of Delegate DeLong, and by unanimous consent, the resolutions
(S. C. R. 62, S. C. R. 78, S. C. R. 82 and S. C. R. 83) were each taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
five from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2007, Budget Bill, making appropriations of public money out of the
treasury in accordance with section fifty-one, article six of the Constitution.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Helmick, Plymale, Prezioso, Bowman and Facemyer.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a
Committee of Conference of six from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates White, Boggs, Kominar, M. Poling, Perdue and Anderson.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Report
Delegate M. Poling, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for S. B. 541, Relating to public school finance.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to Com. Sub. for S. B. 541 having met, after full and free conference, have
agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House,
striking out everything after the enacting clause, and agree to the same as follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated §11-1C-5b; that §11-8-6f of said code be amended and reenacted; that said code
be amended by adding thereto a new section, designated §11-21-23; that §18-9A-2, §18-9A-11 and
§18-9A-15 of said code be amended and reenacted; and that said code be amended by adding thereto
a new section, designated §18-9A-2a, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§11-1C-5b. Assessment for purpose of calculating local share.
(a) This section is effective the first day of July, two thousand thirteen.
(b) The Tax Commissioner shall calculate the total assessed values for the purpose of
calculating local share for each county each year pursuant to this section and report the total assessed
values to the State Board of Education on or before the first day of December of each year.
(c) To provide for assessors to assess at sixty percent of market value, it is the intent of the
Legislature that local share, as set forth in section eleven, article nine-a, chapter eighteen of this
code, be calculated assuming that the types of property included in the assessment ratio study in each
county are assessed at a level in which the assessment ratio study indicates would be sixty percent
of market value.
(d) For each of Classes II, III and IV as set forth in section five, article eight of this chapter,
all real property of the type that is or would be included in the assessment ratio study if sold is
assumed for the purpose of calculating local share to be assessed at the amount the property would
be assessed at if all the property in the class were adjusted under the assumption that, using a ratio
of sixty percent, all the property were under or over assessed to the same extent as that property included in the assessment ratio study so that using the assessment ratio study as an indicator all the
property in the class would be assessed at the ratio of sixty percent of market value; Provided, That
if the sales ratio analysis indicates that assessments are within ten percent of sixty percent of market
value, assessments are considered to be sixty percent of market value for the purposes of this section.
(e) The amount of the assumed assessed values determined pursuant to subsection (d) of this
section shall be added to the actual assessed values of personal property, farmland, managed
timberland, public utility property or any other centrally assessed property provided in paragraphs
(A), (B), (C) and (D), subdivision (2), subsection (a), section five of this article and the sum of these
values is the total assessed value for the purpose of calculating local share.
ARTICLE 8. LEVIES.
§11-8-6f. Regular school board levy rate; creation and implementation of Growth County
School Facilities Act; creation of Growth County School Facilities Act Fund.
(a) Notwithstanding any other provision of law, where any annual appraisal, triennial
appraisal or general valuation of property would produce a statewide aggregate assessment that
would cause an increase of one two percent or more in the total property tax revenues that would be
realized were the then current regular levy rates of the county boards of education to be imposed, the
rate of levy for county boards of education shall be reduced uniformly statewide and proportionately
for all classes of property for the forthcoming tax year so as to cause the rate of levy to produce no
more than one hundred one two percent of the previous year's projected statewide aggregate property
tax revenues from extending the county board of education levy rate, unless subsection (b) of this
section is complied with. The reduced rates of levy shall be calculated in the following manner: (1)
The total assessed value of each class of property as it is defined by section five, article eight of this
chapter for the assessment period just concluded shall be reduced by deducting the total assessed
value of newly created properties not assessed in the previous year's tax book for each class of
property; (2) the resulting net assessed value of Class I property shall be multiplied by .01; the value
of Class II by .02; and the values of Class III and IV, each by .04; (3) total the current year's property
tax revenue resulting from regular levies for the boards of education throughout this state and multiply the resulting sum by one hundred one two percent: Provided, That the one hundred one two
percent figure shall be increased by the amount the boards of educations' increased levy provided for
in subsection (b), section eight, article one-c of this chapter; (4) divide the total regular levy tax
revenues, thus increased in subdivision (3), of this subsection, by the total weighted net assessed
value as calculated in subdivision (2) of this subsection and multiply the resulting product by one
hundred; the resulting number is the Class I regular levy rate, stated as cents-per-one hundred dollars
of assessed value; and (5) the Class II rate is two times the Class I rate; Classes III and IV, four times
the Class I rate as calculated in the preceding subdivision.
An additional appraisal or valuation due to new construction or improvements, including
beginning recovery of natural resources, to existing real property or newly acquired personal property
shall not be an annual appraisal or general valuation within the meaning of this section, nor shall the
assessed value of the improvements be included in calculating the new tax levy for purposes of this
section. Special levies shall not be included in any calculations under this section.
(b) After conducting a public hearing, the Legislature may, by act, increase the rate above the
reduced rate required in subsection (a) of this section if an increase is determined to be necessary.
(c) The State Tax Commissioner shall report to the Joint Committee on Government and
Finance and the Legislative Oversight Commission on Education Accountability by the first day of
March of each year on the progress of assessors in each county in assessing properties at the
constitutionally required sixty percent of market value and the effects of increasing the limit on the
increase in total property tax revenues set forth in this section to two percent.
(c) (d) Growth County School Facilities Act. -- Legislative findings. --
The Legislature finds and declares that there has been, overall, a statewide decline in
enrollment in the public schools of this state; due to this decline, most public schools have ample
space for students, teachers and administrators; however, some counties of this state have
experienced significant increases in enrollment due to significant growth in those counties; that those
counties experiencing significant increases do not have adequate facilities to accommodate students,
teachers and administrators. Therefore, the Legislature finds that county commissions boards of education in those high-growth counties should have the authority to designate revenues generated
from the application of the regular school board levy due to new construction or improvements
placed in a growth county school facilities act fund be used for school facilities in those counties to
promote the best interests of this state's students.
(1) For the purposes of this subsection, "growth county" means any county that has
experienced an increase in second month net enrollment excluding kindergarten students less than
five years of age without an individualized education program of fifty or more during any three of
the last five years, as determined by the State Department of Education.
(2) The provisions of this subsection shall only apply to any growth county, as defined in
subdivision (1) of this subsection, that, by resolution of its county board of education, chooses to use
the provisions of this subsection.
(3) For any growth county, as defined in subdivision (1) of this subsection, that adopts a
resolution choosing to use the provisions of this subsection, pursuant to subdivision (2) of this
subsection, assessed values resulting from additional appraisal or valuation due to new construction
or improvements including beginning recovery of natural resources, to existing real property or
newly acquired personal property, shall be designated as new property values and identified by the
county assessor. The statewide regular school board levy rate as established by the Legislature shall
be applied to the assessed value designated as new property values and the resulting property tax
revenues collected from application of the regular school board levy rate shall be placed in a separate
account, designated as the Growth Counties School Facilities Act Fund. Revenues deposited in the
Growth Counties School facilities Act fund shall be appropriated by the county board of education
for construction, maintenance or repair of school facilities. Revenues in the fund may be carried
over for an indefinite length of time and may be used as matching funds for the purpose of obtaining
funds from the School Building Authority or for the payment of bonded indebtedness incurred for
school facilities. For any growth county choosing to use the provisions of this subsection, estimated
school board revenues generated from application of the regular school board levy rate to new property values are not to be considered as local funds for purposes of the computation of local share
under the provisions of section eleven, article nine-a, chapter eighteen of this code.
(d) This section, as amended during the legislative session in the year two thousand four,
shall be effective as to any regular levy rate imposed for the county boards of education for taxes due
and payable on or after the first day of July, two thousand four. If any provision of this section is
held invalid, the invalidity shall not affect other provisions or applications of this section which can
be given effect without the invalid provision or its application and to this end the provisions of this
section are declared to be severable.
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-23. Refundable credit for real property taxes paid in excess of two and a half percent
of income.
(a) For the tax years beginning on or after the first day of January, two thousand eight, any
homeowner living in his or her homestead shall be allowed a refundable credit against the taxes
imposed by this article equal to the amount of real property taxes paid in excess of four percent of
their income. If the refundable credit provided in this section exceeds the amount of taxes imposed
by this article, the State Department of Revenue shall refund that amount to the homeowner.
(b) Due to the administrative cost of processing, the refundable credit authorized by this
section may not be refunded if less than ten dollars.
(c) The credit for each property tax year shall be claimed by filing a claim for refund within
twelve months after the real property taxes are paid on the homestead.
(d) For the purposes of this section:
(1) "Gross household income" is defined as federal adjusted gross income plus the sum of
the following:
(A) Modifications in subsection (b), section twelve, article twenty-one of this chapter
increasing federal adjusted gross income;
(B) Federal tax exempt interest reported on federal tax return;
(C) Workers' Compensation and loss of earnings insurance; and
(D) Nontaxable social security benefits; and
(2) For the tax years beginning before the first day January, two thousand eight, "real
property taxes paid" means the aggregate of regular levies, excess levies and bond levies extended
against the homestead that are paid during the calendar year and determined after any application of
any discount for early payment of taxes but before application of any penalty or interest for late
payment of property taxes for property tax years that begin on or after the first day of January, two
thousand eight.
(e) A homeowner is eligible to benefit from this section or section twenty-one of this article,
whichever section provides the most benefit as determined by the homeowner. No homeowner may
receive benefits under both this section and section twenty-one of this article during the same taxable
year. Nothing in this section denies those entitled to the homestead exemption provided in section
three, article six-b of this chapter.
(f) No homeowner may receive a refundable tax credit imposed by this article in excess of
one thousand dollars. This amount shall be reviewed annually by the Legislature to determine if an
adjustment is necessary.
CHAPTER 18. EDUCATION.
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 of this chapter.
(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:
(1) Provided, That 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
(2) Provided, however, That no 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
(i) "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 gifted pupils in grades one through eight and
exceptional gifted pupils in grades nine through twelve, 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, subject to the following:
(1) 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;
(2) Provided, however, That Nothing herein shall be construed to limit the number of
students who may actually enroll in gifted, exceptional 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:
(3) And provided further, That No pupil may be counted more than three times for the
purpose of determining adjusted enrollment;
(4) Such The enrollment shall be adjusted to the equivalent of the instructional term and in
accordance with such the eligibility requirements and rules as established by the state board; and
(5) 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: Provided, That beginning the
first day of July, two thousand eight, "levies for general current expense purposes" means ninety
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: Provided, however, That
effective the first day of July, two thousand ten, the definitions set forth in this subsection are subject
to the provisions of section two-a of this article.
"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-2a. Definition of levies for general current expense purposes.
(a) For the purposes of this section only, "property" means only Classes II, III and IV
properties exclusive of natural resources property as defined in section ten, article one-c, chapter
eleven of this code, personal property, farmland, managed timberland, public utility property or any
other centrally assessed property provided in paragraphs (A), (B), (C) and (D), subdivision (2),
subsection (a), section five, article one-c, chapter eleven of this code: Provided, That nothing in this
subsection may be construed to require that levies for general current expense purposes be applied
only to those properties that are included in this definition.
(b) For the purposes of this section only, the median ratio of the assessed values to actual
selling prices in the assessment ratio study applicable to the immediately preceding fiscal year shall
be used as the indicator to determine the percentage market value that properties are being assessed
at.
(c) Notwithstanding any other provision of this section or section two of this article, effective
the first day of July, two thousand ten, for any county that is not assessing property at least at fifty-
four percent of market value, "levies for general current expense purposes" means ninety-eight
percent of the levy rate for county boards of education set by the Legislature pursuant to section six-
f, article eight, chapter eleven.
(d) Any county that receives additional state aid due to its using a percentage less than ninety-
eight percent in the calculation of levies for general current expense purposes, shall report to the state
board how the additional state aid was used. The state board shall compile the reports from all the
county boards into a single report, and shall report to the Legislative Oversight Commission on
Education Accountability how the county boards used this additional state aid. The report shall be
made annually as soon as practical after the end of each fiscal year.
§18-9A-11. Computation of local share; appraisal and assessment of property; public library
support.
(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) Commencing with the two thousand thirteen fiscal year, and each fiscal year thereafter,
subsection (a) of this section is void and local share shall be calculated in accordance with the
following:
(1) The state board shall for each county compute by application of the levies for general
current expense purposes, as defined in sections two and two-a of this article, the amount of revenue
which the levies would produce if levied upon one hundred percent of the assessed value calculated
pursuant to section five-b, article one-c, chapter eleven of this code;
(2) Five percent shall be deducted from the revenue calculated pursuant to subdivision (1)
of this subsection as an allowance for the usual losses in collections due to discounts, exonerations,
delinquencies and the like; and
(3) The amount calculated in subdivision (2) of this subsection shall further be reduced by
the sum of money due each assessor's office pursuant to the provisions of section eight, article one-c,
chapter eleven of this code and this reduced amount shall be the local share of the particular county.
(b) (c) 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) (d) 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) (e) 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 or in subdivisions (2) and (3), subsection (b) of this section
as applicable, are made.
(f) 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.
(g) It is the intent of the Legislature that whenever a provision of subsection (f) 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 (f) of this section controls over the Special Act. Specifically, the Special Acts which are
subject to subsection (f) 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.
(h) Notwithstanding any provision of any special act set forth in subsection (g) of this section
to the contrary, the county board of any county with a special act creating a library obligation out of
the county's regular school levy revenues may transfer that library obligation so that it becomes an
obligation of its excess levy revenues instead of its regular school levy revenues, subject to the
following:
(1) If a county board chooses to transfer the library obligation pursuant to this subsection, the
library funding obligation shall remain an obligation of the regular school levy revenues until after
the fiscal year in which a vote on an excess levy occurs;
(2) If a county board chooses to transfer the library obligation pursuant to this subsection, the
county board shall include the funding of the public library obligation in the same amount as its
library funding obligation on its regular levy revenues as the purpose or one of the purposes for the
excess levy to be voted on;
(3) If a county board chooses to transfer the library obligation pursuant to this subsection,
regardless of whether or not the excess levy passes, effective the fiscal year after the fiscal year in
which a vote on the excess levy occurs, a county's library obligation on its regular levy revenues is
void notwithstanding any provision of the special acts set forth in subsection (g) of this section to
the contrary; and
(4) Nothing is subdivision (3) of this subsection prohibits a county board from funding its
public library obligation voluntarily.
§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,
That both houses recede from their respective positions as to the title of the bill and agree to
the same as follows:
Com. Sub. for S. B. 541 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-1C-5b; to amend and reenact §11-8-6f of said code;
to amend said code by adding thereto a new section, designated §11-21-23; to amend and reenact
§18-9A-2, §18-9A-11 and §18-9A-15 of said code; and to amend said code by adding thereto a new
section, designated §18-9A-2a, all relating to public school finance; requiring local share to be
calculated assuming properties are being assessed at sixty percent of market value; increasing the
limit on revenue generated by the regular school board levy; amending 'growth county' definition
and clarifying what new property values to include for the purposes of the Growth County School
Facilities Act; increasing state aid to counties by reducing the percentage used to calculate levies for
general current expense purposes subject to exception; providing for a refundable property tax credit
for real property taxes paid in excess of a certain percent of income; requiring that a library funding
obligation created by special act be paid from certain funds; limiting a library funding obligation;
allowing, under certain conditions, a transfer of the library funding obligation so that the obligation
is paid from excess levy revenues; voiding the library funding obligation under certain conditions;
and providing extraordinary sustained increased enrollment impact supplement.
Respectfully submitted,
Robert Plymale, Mary Poling,
Larry Edgell, Tom Campbell,
Billy Wayne Bailey, Richard Browning,
Erik Wells, David Perry,
Donna Boley, Walter Duke,
Conferees on the part Conferees on the part
of the Senate. the House of Delegates.
On motion of Delegate M. Poling, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 526),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 541) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 527), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 541) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Browning, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for S. B. 603, Establishing 21st Century Tools for 21st Century Schools
Technology Initiative.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to Com. Sub. for S. B. 603 having met, after full and free conference, have
agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House,
striking out everything after the enacting clause, and agree to the same as follows:
"That §18-2E-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §18-9A-10 of said code be amended and reenacted, all to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-7. Providing for twenty-first century instruction and learning in all public schools.
(a) The Legislature finds that:
(1) The knowledge and skills children need to succeed in the twenty-first century are
changing dramatically and that West Virginia students must develop proficiency in twenty-first
century content, technology tools and learning skills to succeed and prosper in life, in school and on
the job;
(2) Students must be equipped to live in a multitasking, multifaceted, technology-driven
world;
(3) The provision of twenty-first century technologies and software resources in grades pre-
kindergarten through twelve is necessary to meet the goal that high school graduates will be prepared
fully for college, other post-secondary education or gainful employment;
(4) This goal reflects a fundamental belief that the youth of the state exit the system equipped
with the skills, competencies and attributes necessary to succeed, to continue learning throughout
their lifetimes and to attain self-sufficiency;
(5) To promote twenty-first century learning, teachers must be competent in twenty-first
century content and learning skills and must be equipped to fully integrate technology to transform
instructional practice and to support twenty-first skills acquisition;
(6) For students to learn twenty-first century skills, students and teachers must have equitable
access to high quality, twenty-first century technology tools and resources;
(7) When aligned with standards and curriculum, technology-based assessments can be a
powerful tool for teachers; and
(8) Teachers must understand how to use technology to create classroom assessments for
accurate, timely measurements of student proficiency in attainment of academic content and twenty-
first century skills.
(b) The state board shall ensure that the resources to be used to provide technology services
to students in grades pre-kindergarten through twelve are included in a West Virginia 21st Century
Strategic Technology Learning Plan to be developed by the Department of Education as an integral
component of the county and school electronic strategic improvement plans as required in section
five of this article. The provision of technologies and services to students and teachers shall be
based on a plan developed by each individual school team and aligned with the goals and objectives
of the West Virginia 21st Century Strategic Technology Learning Plan. This plan shall be an integral
component of the county and school electronic strategic improvement plans as required in section
five of this article. Funds shall be allocated equitably to county school systems following peer
review of the plans that includes providing necessary technical assistance prior to submission and
allows timely review and approval by the West Virginia Department of Education. Technology
tools, including hardware, software, network cabling, network electronics and related professional
development, shall be purchased pursuant to the provisions of article three, chapter five-a of this
code in the amount equal to anticipated revenues being appropriated and based on the approved
county and school plans. County allocations that support this legislation shall adhere to state
contract prices: Provided, That contingent upon approval of the county technology plan, counties that
identify, within that plan, specific software or peripheral equipment not listed on the state contract,
but necessary to support implementation of twenty-first century skills, may request the West Virginia
Department of Education to secure state purchasing prices for those identified items. Total
expenditure to purchase these additional items may not exceed ten percent of the annual county
allocation. To the extent practicable, the technology shall be used:
(1) To maximize student access to learning tools and resources at all times including during
regular school hours, before and after school or class, in the evenings, on weekends and holidays and
for public education, noninstructional days and during vacations; and
(2) For student use for homework, remedial work, independent learning, career planning and
adult basic education.
(c) The implementation of this section should provide a technology infrastructure capable
of supporting multiple technology-based learning strategies designed to enable students to achieve
at higher academic levels. The technology infrastructure should facilitate student development by
addressing the following areas:
(1) Mastery of rigorous core academic subjects in grades prekindergarten through eight by
providing software, other technology resources or both aligned with state standards in reading,
mathematics, writing, science, social studies, twenty-first century learning skills and twenty-first
century learning tools;
(2) Mastery of rigorous core academic subjects in grades nine through twelve by providing
appropriate twenty-first century technology tools aligned with state standards for learning skills and
technology tools;
(3) Attainment of twenty-first century skills outcomes for all students in the use of
technology tools and learning skills;
(4) Proficiency in new, emerging twenty-first century content;
(5) Participation in relevant, contextual instruction that uses dynamic, real-world contexts
that are engaging and meaningful for students, making learning relevant to life outside of school and
bridging the gap between how students live and how they learn in school;
(6) Ability to use digital and emerging technologies to manage information, communicate
effectively, think critically, solve problems, work productively as an individual and collaboratively
as part of a team and demonstrate personal accountability and other self-directional skills;
(7) Providing students with information on post-secondary educational opportunities,
financial aid and the skills and credentials required in various occupations that will help them better
prepare for a successful transition following high school;
(8) Providing greater access to advanced and other curricular offerings than could be
provided efficiently through traditional on-site delivery formats, including increasing student access
to quality distance learning curricula and online distance education tools;
(9) Providing resources for teachers in differentiated instructional strategies, technology
integration, sample lesson plans, curriculum resources and online staff development that enhance
student achievement; and
(10) Providing resources to support basic skills acquisition and improvement at the above
mastery and distinguished levels.
(d) Developed with input from appropriate stakeholder groups, the West Virginia 21st
Century Strategic Technology Learning Plan shall be an integral component of the electronic
strategic county and school improvement plans as required in section five of this article. The West
Virginia 21st Century Strategic Technology Learning Plan shall be comprehensive and shall address,
but not necessarily be limited to, the following provisions:
(1) Allocation of adequate resources to provide students with equitable access to twenty-first
century technology tools, including instructional offerings and appropriate curriculum, assessment
and technology integration resources aligned to both the content and rigor of state content standards
as well as to learning skill and technology tools;
(2) Providing students and staff with equitable access to a technology infrastructure that
supports the acquisition of twenty-first century skills, including the ability to access information,
solve problems, communicate clearly, make informed decisions, acquire new knowledge, construct
products, reports and systems, and access online assessment systems;
(3) Inclusion of various technologies that enable and enhance the attainment of twenty-first
century skills outcomes for all students;
(4) Collaboration with various partners, including parents, community organization, higher
education, schools of education in colleges and universities, employers and content providers;
(5) Seeking of applicable federal government funds, philanthropic funds, other partnership
funds or any combination of those types of funds to augment state appropriations and encouraging
the pursuit of funding through grants, gifts, donations or any other sources for uses related to
education technology;
(6) Sufficient bandwidth to support teaching and learning and to provide satisfactorily for
instructional management needs;
(7) Protection of the integrity and security of the network, as well as student and
administrative workstations;
(8) Flexibility to adjust the plan based on developing technology, federal and state
requirements and changing local school and county needs;
(9) Incorporation of findings based upon validation from research-based evaluation findings
from previous West Virginia-based evaluation projects;
(10) Continuing study of emerging technologies for application in a twenty-first century
learning environment and inclusion in the technology plan, as appropriate;
(11) An evaluation component to determine the effectiveness of the program and make
recommendations for ongoing implementation;
(12) A program of embedded, sustained professional development for teachers that is
strategically developed to support a twenty-first century education for all students and that aligns
with state standards for technology, integrates twenty-first century skills into educational practice
and supports the implementation of twenty-first century software, technology and assessment
resources in the classroom;
(13) Providing for uniformity in technological hardware and software standards and
procedures;
(14) The strategy for ensuring that the capabilities and capacities of the technology
infrastructure is adequate for acceptable performance of the technology being implemented in the
public schools;
(15) Providing for a comprehensive, statewide uniform, integrated education management
and information system for data collection and reporting to the Department of Education, as provided
in section twenty-six, article two of this chapter and commonly referred to as the West Virginia
Education Information System;
(16) Providing for an effective model for the distance delivery, virtual delivery or both types
of delivery of instruction in subjects where there exists low student enrollment or a shortage of
certified teachers or where the delivery method substantially improves the quality of an instructional
program such as the West Virginia Virtual School;
(17) Providing a strategy to implement, support and maintain technology in the public
schools;
(18) Providing a strategy to provide ongoing support and assistance to teachers in integrating
technology into twenty-first century instruction such as with technology integration specialists;
(19) A method of allowing public education to take advantage of appropriate bulk purchasing
abilities and to purchase from competitively bid contracts initiated through the southern regional
education board educational technology cooperative and the America TelEdCommunications
Alliance;
(20) Compliance with United States Department of Education regulations and Federal
Communications Commission requirements for federal E-rate discounts; and
(21) Other provisions as considered appropriate, necessary or both to align with applicable
guidelines, policies, rules, regulations and requirements of the West Virginia Legislature, the Board
of Education and the Department of Education.
(e) Any state code and budget references to the Basic Skills/Computer Education Program
and the SUCCESS Initiative will be understood to refer to the statewide technology initiative referenced in this section, commonly referred to as the 21st Century Tools for 21st Century Schools
Technology Initiative.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-10. Foundation allowance to improve instructional programs.
(a) For each school year, beginning on the first day of July, one thousand nine hundred
ninety-eight, and thereafter, the sum of the allocations shall be the amount appropriated by the
Legislature for those purposes: The total allowance to improve instructional programs shall be the
sum of the following:
(1) For instructional improvement in accordance with county and school electronic strategic
improvement plans required by section five, article two-e of this chapter, an amount equal to fifteen
percent of the increase in the local share amount for the next school year above any required
allocation pursuant to section six-b of this article shall be added to the amount of the appropriation
for this purpose for the immediately preceding school year. The sum of these amounts shall be
distributed to the counties as follows:
(A) One hundred fifty thousand dollars shall be allocated to each county;
(2) (B) Distribution to the counties of the remainder of these funds shall be made proportional
to the average of each county's average daily attendance for the preceding year and the county's
second month net enrollment. Moneys allocated by provision of this section shall be used to
improve instructional programs according to a plan for instructional improvement which the affected
county board shall file with the state board by the first day of August of each year, to be approved
by the state board by the first day of September of that year if the plan substantially complies with
standards to be adopted by the state board: the county and school electronic strategic improvement
plans required by section five, article two-e of this chapter and approved by the state board:
Provided, That notwithstanding any other provision of this code to the contrary, moneys allocated
by provision of this section may also be used in the implementation and maintenance of the uniform
integrated regional computer information system.
(3) Up to twenty-five percent of this allocation may be used to employ professional educators
and service personnel in counties after all applicable provisions of sections four, and five of this
article have been fully utilized.
Prior to the use of any funds from this section for personnel costs, the county board must
receive authorization from the state superintendent of schools. The state superintendent shall require
the district county board to demonstrate: (1) The need for the allocation; (2) efficiency and fiscal
responsibility in staffing; and (3) sharing of services with adjoining counties and the regional
educational service agency for that county in the use of the total local district board budget; and (4)
employment of technology integration specialists to meet the needs for implementation of the West
Virginia 21st Century Strategic Technology Learning Plan. District County boards shall make
application for available funds for the next fiscal year by the first day of May of each year. On or
before the first day of June, the state superintendent shall review all applications and notify applying
district county boards of the distribution of the allocation. The funds shall be distributed during the
fiscal year appropriate. The state superintendent shall require the county board to demonstrate the
need for an allocation for personnel based upon the county's inability to meet the requirements of
state law or state board policy: Provided, That the funds available for personnel under this section
may not be used to increase the total number of professional noninstructional personnel in the central
office beyond four. The instructional improvement plan shall be made available for distribution to
the public at the office of each affected county board; plus
(2) For the purposes of the West Virginia 21st Century Strategic Technology Learning Plan
provided for in section seven, article two-e of this chapter, an amount equal to fifteen percent of the
increase in the local share amount for the next school year above any required allocation pursuant
to section six-b of this article shall be added to the amount of the appropriation for this purpose for
the immediately preceding school year. The sum of these amounts shall be allocated to the counties
as provided in section seven, article two-e of this chapter to meet the objectives of the West Virginia
21st Century Strategic Technology Learning Plan; plus
(b) (3) An amount not less than the amount required to meet debt service requirements on
any revenue bonds issued prior to the first day of January, one thousand nine hundred ninety-four,
and the debt service requirements on any revenue bonds issued for the purpose of refunding revenue
bonds issued prior to the first day of January, one thousand nine hundred ninety-four, shall be paid
into the school building capital improvements fund created by section six, article nine-d of this
chapter, and shall be used solely for the purposes of that article. The school building capital
improvements fund shall not be utilized to meet the debt services requirement on any revenue bonds
or revenue refunding bonds for which moneys contained within the school building debt service fund
have been pledged for repayment pursuant to that section.
(b) When the school improvement bonds secured by funds from the school building capital
improvements fund mature, the state board of education shall annually deposit an amount equal to
twenty-four million dollars from the funds allocated in this section into the school construction fund
created pursuant to the provisions of section six, article nine-d, chapter eighteen of this code to
continue funding school facility construction and improvements.
(c) Any project funded by the school building authority shall be in accordance with a
comprehensive educational facility plan which must be approved by the state board and the school
building authority."
And,
That both houses recede from their respective positions as to the title of the bill and agree to
the same as follows:
Com. Sub. for S. B. 603 - "A Bill to amend and reenact §18-2E-7 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §18-9A-10 of said code, all relating to
establishing a 21st Century Tools for 21st Century Schools Technology Initiative to replace and
enhance current technology programs and provide formula funding therefore; findings; requiring a
West Virginia 21st Century Strategic Technology Learning Plan and setting forth specific areas it
should address; requiring that the provision of technologies and services to students and teachers be
based on a plan aligned with the goals of the West Virginia 21st Century Strategic Technology Learning Plan; allocation of technology funds; purchasing; use of technology and technology
infrastructure; including funding stream in public school support plan from proportion of growth in
local share; changing plans used for the allocation of funds to improve instructional programs; and
including employment of technology integration specialists as justification prior to authorization to
expend certain funds."
Respectfully submitted,
Larry J. Edgell, Richard Browning,
Ron Stollings, David G. Perry,
Mike Hall, Walter E. Duke,
Conferees on the part Conferees on the part
of the Senate.
of the House of Delegates.
On motion of Delegate M. Poling, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 528),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 603) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 529), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 603) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Fleischauer, from the Committee of Conference on matters of disagreement
between the two houses, as to
S. B. 747, Creating Municipal Home Rule Pilot Program.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendment of the House to S. B. 747, having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses, as follows:
That both houses recede as to the House of Delegates strike and insert amendment and that
both houses agree to the following amendment:
ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS;
CONSTRUCTION.
§8-1-5a. Pilot program to increase powers of municipal self government.
(a) The Legislature finds and declares that:
(1) The future economic progress for the State of West Virginia is directly related to the
success of its municipalities in that stronger municipalities will make for a stronger West Virginia;
(2) Municipalities face numerous challenges managing their budgets and delivering services
required by federal or state law or demanded by their constituents;
(3) Municipalities are sometimes restricted by state statutes, policies, rules and
responsibilities that prevent them from carrying out their duties and responsibilities in a cost
effective, efficient and timely manner; and
(4) Authorizing pilot municipalities and metro governments in West Virginia to exercise
broad-based home rule will allow the Legislature the opportunity to evaluate the viability of allowing
municipalities to have broad-based state home rule to improve urban and state development.
(b) It is the intent of the Legislature in enacting this section to establish a framework for
municipalities within which new ideas can be explored to see if they can or should be implemented
on a statewide basis.
(c) Effective the first day of July, two thousand seven, there is hereby created a pilot program
to be known as the Municipal Home Rule Pilot Program authorizing five selected Class I, Class II
and/or Class III municipalities and/or metro governments the authority to enact any ordinances, acts,
resolutions, rules and regulations not contrary to the constitutions of the United States or West
Virginia, federal law, or chapters sixty-a, sixty-one and sixty-two of this code.
(d) To be eligible to participate in the Municipal Home Rule Pilot Program the applicant
shall:
(1) Be a Class I, Class II and/or Class III municipality, and/or a metro government: Provided,
That a municipality considering consolidation or establishing a metro government shall have no
more than two years from the date it is selected for the pilot program to complete its consolidation
or metro government process or its participation in the pilot program will terminate at the end of the
two-year period; and
(2) Have a written plan stating in detail the following:
(A) The specific laws, policies, rules or regulations which prevent the municipality from
carrying out its duties in the most cost efficient, effective and timely manner;
(B) The problems created by the laws, policies, rules or regulations; and
(C) The proposed solutions to the problems, including all proposed changes to ordinances,
acts, resolutions, rules and regulations.
(e) Effective the first day of July, two thousand seven, there is hereby created a Municipal
Home Rule Board consisting of the following seven members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development Office, or a designee;
(3) The chair of the Senate Committee on Government Organization, or a designee;
(4) The chair of the House of Delegates Committee on Government Organization, or a
designee; and
(5) One member shall be a representative of the business and industry council;
(6) One member shall be a representative of the largest labor organization in the state; and
(7) One member shall be a representative of the West Virginia Chapter of American Institute
of Certified Planners.
(f) The board has the powers necessary to implement the provisions of this section, including
the following:
(1) Reviewing, evaluating and making recommendations to the proposed plans submitted by
eligible municipalities and/or metro governments;
(2) Consulting with state agencies affected by the proposed plans;
(3) Selecting municipalities and/or metro governments to participate in the pilot program;
(4) Approving the plans of recommended pilot program participants, as submitted or as
modified; and
(5) Authorizing amendments to approved plans.
(g) On or before the first day of January, two thousand eight, an eligible municipality and/or
metro government wanting to participate in the pilot program shall submit a written plan as described
in subdivision (2), subsection (d) of this section to the board.
(h) Prior to submitting a written plan, the municipality shall:
(1) Conduct a public hearing on the proposed written plan;
(2) Provide at least thirty days notice of the public hearing by a Class II legal advertisement;
(3) Make a copy of the proposed written plan available for public inspection at least thirty
days prior to the public hearing; and
(4) After the public hearing, adopt a municipal ordinance authorizing the municipality to
submit a proposed written plan to the Municipal Home Rule Board, after the proposed municipal
ordinance has been read two times.
(i) On or before the first day of June, two thousand eight, the board shall select by a majority
vote of the board, at least one, but not more than five municipalities and/or metro governments to
participate in the pilot program.
(j) The pilot municipalities and/or metro governments selected to participate in the pilot
program shall have the following powers:
(1) The authority to pass any ordinances, acts, resolutions, rules and regulations not contrary
to the constitutions of the United States or West Virginia, federal law, or chapters sixty-a, sixty-one
and sixty-two of this code as specified in their written and approved plans: Provided, That the pilot
municipalities may not adopt any ordinance, rule, regulation or resolution or take any action that
would create a defined contribution employee pension or retirement plan for its employees currently
covered by a defined benefit pensions plan; and
(2) Any other powers necessary to implement the provisions of its approved plan.
(k) Before the first day of July, two thousand twelve, the Joint Committee on Government
and Finance, shall conduct a performance review on the pilot program and the participating
municipalities and/or metro governments. The review shall include the following:
(1) An evaluation of the effectiveness of expanded home rule on the participating
municipalities and/or metro governments;
(2) A recommendation as to whether the expanded home rule should be continued, reduced,
expanded or terminated;
(3) A recommendation as to whether any legislation is necessary; and
(4) Any other issues considered relevant.
(l) On or before the first day of January, two thousand thirteen, the Joint Committee on
Government and Finance, shall report to the Joint Committee on Government Organization the
findings of the performance review.
(m) The pilot program terminates on the first day of July, two thousand thirteen.
(n) No ordinances, acts, resolutions, rules or regulations may be enacted by a municipality
or metro government after the first day of July, two thousand thirteen, pursuant to the provisions of
this section, unless otherwise authorized by the Legislature.
§8-1-7. Construction of powers and authority granted.
(a) The enumeration of powers and authority granted in this chapter shall not operate to
exclude the exercise of other powers and authority fairly incidental thereto or reasonably implied and
within the purposes of this chapter or in accordance with the provisions of the Municipal Home Rule Amendment to the constitution of this state, the powers and authority granted by such Constitution,
other provisions of this code and any existing charter. and the The provisions of this chapter shall
be given full effect without regard to the common-law rule of strict construction and particularly
when the powers and authority are exercised by charter provisions framed and adopted or adopted
by revision of a charter as a whole or adopted by charter amendment under the provisions of this
chapter.
(b) Any charter provision framed and adopted or adopted by revision of a charter as a whole
or adopted by charter amendment under the provisions of former chapter eight-a of this code or
under the provisions of this chapter which is beyond the power and authority of a city municipality
and any ordinance provision which is beyond the power and authority of a municipality shall be of
no force and effect.
And,
That both houses recede from their positions as to the title of the bill and agree to the same
as follows:
S. B. 747 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §8-1-5a; and to amend and reenact §8-1-7 of said code, all relating to
creating the Municipal Home Rule Pilot Program; legislative findings and intent; eligibility
requirements; creating the Municipal Home Rule Board; powers of the board and participating
municipalities and metro governments; requiring the municipality to hold a public hearing and adopt
a municipal ordinance prior to submission of a written plan; requiring performance review; reporting
requirements; terminating pilot program; certain grandfather provisions; and reaffirming home rule
powers for all municipalities."
Respectfully submitted,
Edwin J. Bowman, Barbara Evans Fleischauer,
Brooks McCabe, Ricky Moye,
Randy White, Nancy Peoples Guthrie,
Karen L. Facemyer, Alex J. Shook,
Michel A. Oliverio II, John N. Ellem,
Conferees on the part Conferees on the part
of the Senate. of the House of Delegates.
On motion of Delegate M. Poling, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 530),
and there were--yeas 66, nays 31, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Blair, Border, Canterbury, Carmichael, Cowles, Craig, Duke,
Evans, Hamilton, Ireland, Kessler, Lane, Michael, C. Miller, J. Miller, Moye, Overington, Porter,
Reynolds, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Stalnaker, Stephens, Sumner and
Tucker.
Absent And Not Voting: Argento, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 747) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 531), and there were--yeas 76, nays
22, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Blair, Border, Canterbury, Cowles, Duke, Evans, Ireland, Lane, Michael, C.
Miller, J. Miller, Overington, Porter, Reynolds, Romine, Schadler, Schoen, Sobonya, Stalnaker,
Stephens and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 747) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Shaver, from the Committee of Conference on matters of disagreement between the
two houses, as to
S. B. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into
certain standards.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to S. B. 657 having met, after full and free conference, have agreed to
recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the House,
striking out everything after the enacting clause, and agree to the same as follows:
That §18-2E-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
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 ACT EXPLORE and the ACT PLAN assessments or other
comparable assessments, which are approved by the state board and provided by future vendors. 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 ten determined by the state board to be
appropriate: Provided, That, effective the first day of July, two thousand eight, 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, the ACT EXPLORE assessments
and the ACT PLAN assessments 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 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 of the county superintendent is 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.
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,
That both houses recede from their respective positions as to the title of the bill and agree to
a new title, to read as follows:
S. B. 657 - "A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as
amended; 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; removing obsolete provisions; and allowing electronic filing
of state board rules with the Legislative Oversight Commission on Education Accountability.
Respectfully submitted,
Billy Wayne Bailey, Stan Shaver,
Randy White, Dave Pethtel,
Jesse O. Guills, Linda Sumner,
Conferees on the part Conferees on the part
of the Senate. of the House of Delegates.
On motion of Delegate Shaver, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 532),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Blair, Talbott and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 657) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 533), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 657) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 542, Authorizing rules for Higher Education Policy Commission and Council for
Community and Technical College Education, still being in possession of the Clerk, was taken up
for further consideration.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 534), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 542) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2436, Modifying the Nurse Overtime and Patient Safety Act.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, 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) 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) 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 twenty-four hour period. The
nurse is responsible for informing the employer hospital of other employment experience during the
twenty-four 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."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2436 - "A Bill to amend and reenact §21-5F-3 and §21-5F-4 of the
Code of West Virginia, 1931, as amended, all relating to modifying the Nurse Overtime and Patient
Safety Act; requiring posting of notice of nurse's rights; requiring Commissioner of Labor to
establish by rule a notification procedure, including signs that must be posted; and requiring
commissioner to keep complaints anonymous until a finding of merit."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 535), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2436) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2189, Relating to substitute service personnel seniority.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, 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 §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; that said Code
be amended by adding thereto two new sections, designated §18A-4-7c and §18A-4-10f; 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
non-teaching 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 Bureau of Senior Services. all subject to the following: (A) 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) In all cases, the school buses
(3) 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) The county board may
provide, under
(4) 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) To contract with
(B) 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.
The board of education of
(a) 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) A county board Counties 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 non-teaching 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) A custodians, aides, custodian, aide, maintenance, office and school lunch employees
service person required to work a daily work schedule that is interrupted that is, who do not work
a continuous period in one day, shall be paid additional compensation.
(1) A maintenance person is defined as a person who holds a classification title other than
in a custodial, aide, school lunch, office or transportation category as provided in section one, article
one of this chapter.
(2) A service person's schedule is considered to be interrupted if he or she does not work a
continuous period in one day. Aides are not regarded as working an interrupted schedule when
engaged exclusively in the duties of transporting students;
(3) The additional compensation provided for in this subsection:
(A) Is equal to at least one eighth of their a service person's total salary as provided by their
the state minimum salary pay scale and any county pay supplement; and
(B) Is payable entirely from county board funds. Provided, That when engaged in duties of
transporting students exclusively, aides shall 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.
(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.
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.
(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 or school service personnel, as defined in section one, article one of this chapter
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 person shall be 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."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2189 - "A Bill to amend and reenact §18-1-1 of the Code of West
Virginia, 1931, as amended; to amend and reenact §18-5-13 of said code; to amend and reenact §18-
20-2 of said code; to amend and reenact §18A-1-1 of said code; to amend and reenact §18A-4-8,
§18A-4-8b, §18A-4-8f, §18A-4-8g, §18A-4-10 and §18A-4-15 of said code; to amend said code by
adding thereto two new sections, designated §18A-4-7c and §18A-4-10f; and to amend and reenact
§18A-5-8 of said code, all relating to public schools and county boards of education; school service
personnel; personal leave and leave banks for school personnel; authority of county boards of
education; updating definitions; expanding purposes for which schools may expend funds;
establishing certain vehicle and driver safety requirements for transporting students to a school-
sponsored activity; expanding the purposes for which county boards may lease school buses; giving
preference to a currently employed professional educator for summer employment; establishing
service personnel classification title for licensed practical nurse; adding posting and notice
requirements for filling service personnel positions; prohibiting displacement of aides to create
vacancy for licensed practical nurse; establishing parameters for the workday and beginning work
station for certain service personnel; modifying process for determining certain service personnel
hiring priority in cases of school merger or consolidation; authorizing transfer of personal leave in
certain circumstances; modifying employment benefits accrued by substitute service personnel;
requiring county boards of education to make certain training available to all regularly employed
teachers' aides; prohibiting an autism mentor or aide who works with autistic students from transferring to another position after the fifth day prior to the beginning of the instructional term
under certain conditions; deleting obsolete language; and making technical corrections."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 536), and there were--yeas
97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2189) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2940, Increasing the age of dependents for health insurance coverage.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §5-16-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §33-16-1a of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-13. Payment of costs by employer and employee; spouse and dependent coverage;
involuntary employee termination coverage; conversion of annual leave and
sick leave authorized for health or retirement benefits; authorization for
retiree participation; continuation of health insurance for surviving
dependents of deceased employees; requirement of new health plan, limiting
employer contribution.
(a) Cost-sharing. -- The director shall provide under any contract or contracts entered into
under the provisions of this article that the costs of any group hospital and surgical insurance, group
major medical insurance, group prescription drug insurance, group life and accidental death
insurance benefit plan or plans shall be paid by the employer and employee.
(b) Spouse and dependent coverage. -- Each employee is entitled to have his or her spouse
and dependents as defined by the rules of the public employees insurance agency, included in any
group hospital and surgical insurance, group major medical insurance or group prescription drug
insurance coverage to which the employee is entitled to participate: Provided, That the spouse and
dependent coverage is limited to excess or secondary coverage for each spouse and dependent who
has primary coverage from any other source. For purposes of this section, the term 'primary
coverage' means individual or group hospital and surgical insurance coverage or individual or group
major medical insurance coverage or group prescription drug coverage in which the spouse or
dependent is the named insured or certificate holder. For the purposes of this section, 'dependent'
means an eligible employee's unmarried child or stepchild under the age of twenty-five if that child
or stepchild meets the definition of a 'qualifying child' or a 'qualifying relative' in section 152 of
the Internal Revenue Code. The director may require proof regarding spouse and dependent primary
coverage and shall adopt rules governing the nature, discontinuance and resumption of any
employee's coverage for his or her spouse and dependents.
(c) Continuation after termination. -- If an employee participating in the plan is terminated
from employment involuntarily or in reduction of work force, the employee's insurance coverage provided under this article shall continue for a period of three months at no additional cost to the
employee and the employer shall continue to contribute the employer's share of plan premiums for
the coverage. An employee discharged for misconduct shall not be eligible for extended benefits
under this section. Coverage may be extended up to the maximum period of three months, while
administrative remedies contesting the charge of misconduct are pursued. If the discharge for
misconduct be upheld, the full cost of the extended coverage shall be reimbursed by the employee.
If the employee is again employed or recalled to active employment within twelve months of his or
her prior termination, he or she shall not be considered a new enrollee and may not be required to
again contribute his or her share of the premium cost, if he or she had already fully contributed such
share during the prior period of employment.
(d) Conversion of accrued annual and sick leave for extended insurance coverage upon
retirement for employees who elected to participate in the plan before July, one thousand nine
hundred eighty-eight. -- Except as otherwise provided in subsection (g) of this section, when an
employee participating in the plan, who elected to participate in the plan before the first day of July,
one thousand nine hundred eighty-eight, is compelled or required by law to retire before reaching
the age of sixty-five, or when a participating employee voluntarily retires as provided by law, that
employee's accrued annual leave and sick leave, if any, shall be credited toward an extension of the
insurance coverage provided by this article, according to the following formulae: The insurance
coverage for a retired employee shall continue one additional month for every two days of annual
leave or sick leave, or both, which the employee had accrued as of the effective date of his or her
retirement. For a retired employee, his or her spouse and dependents, the insurance coverage shall
continue one additional month for every three days of annual leave or sick leave, or both, which the
employee had accrued as of the effective date of his or her retirement.
(e) Conversion of accrued annual and sick leave for extended insurance coverage upon
retirement for employees who elected to participate in the plan after June, one thousand nine
hundred eighty-eight. -- Notwithstanding subsection (d) of this section, and except as otherwise
provided in subsections (g) and (l) of this section when an employee participating in the plan who elected to participate in the plan on and after the first day of July, one thousand nine hundred
eighty-eight, is compelled or required by law to retire before reaching the age of sixty-five, or when
the participating employee voluntarily retires as provided by law, that employee's annual leave or
sick leave, if any, shall be credited toward one half of the premium cost of the insurance provided
by this article, for periods and scope of coverage determined according to the following formulae:
(1) One additional month of single retiree coverage for every two days of annual leave or sick leave,
or both, which the employee had accrued as of the effective date of his or her retirement; or (2) one
additional month of coverage for a retiree, his or her spouse and dependents for every three days of
annual leave or sick leave, or both, which the employee had accrued as of the effective date of his
or her retirement. The remaining premium cost shall be borne by the retired employee if he or she
elects the coverage. For purposes of this subsection, an employee who has been a participant under
spouse or dependent coverage and who reenters the plan within twelve months after termination of
his or her prior coverage shall be considered to have elected to participate in the plan as of the date
of commencement of the prior coverage. For purposes of this subsection, an employee shall not be
considered a new employee after returning from extended authorized leave on or after the first day
of July, one thousand nine hundred eighty-eight.
(f) Increased retirement benefits for retired employees with accrued annual and sick leave. --
In the alternative to the extension of insurance coverage through premium payment provided in
subsections (d) and (e) of this section, the accrued annual leave and sick leave of an employee
participating in the plan may be applied, on the basis of two days retirement service credit for each
one day of accrued annual and sick leave, toward an increase in the employee's retirement benefits
with those days constituting additional credited service in computation of the benefits under any state
retirement system. However, the additional credited service shall not be used in meeting initial
eligibility for retirement criteria, but only as additional service credited in excess thereof.
(g) Conversion of accrued annual and sick leave for extended insurance coverage upon
retirement for certain higher education employees. -- Except as otherwise provided in subsection
(l) of this section, when an employee, who is a higher education full-time faculty member employed on an annual contract basis other than for twelve months, is compelled or required by law to retire
before reaching the age of sixty-five, or when such a participating employee voluntarily retires as
provided by law, that employee's insurance coverage, as provided by this article, shall be extended
according to the following formulae: The insurance coverage for a retired higher education full-time
faculty member, formerly employed on an annual contract basis other than for twelve months, shall
continue beyond the effective date of his or her retirement one additional year for each three and
one-third years of teaching service, as determined by uniform guidelines established by the
University of West Virginia Board of Trustees and the board of directors of the state college system,
for individual coverage, or one additional year for each five years of teaching service for 'family'
coverage.
(h) Any employee who retired prior to the twenty-first day of April, one thousand nine
hundred seventy-two, and who also otherwise meets the conditions of the 'retired employee'
definition in section two of this article, shall be eligible for insurance coverage under the same terms
and provisions of this article. The retired employee's premium contribution for any such coverage
shall be established by the finance board.
(i) Retiree participation. -- All retirees under the provisions of this article, including those
defined in section two of this article; those retiring prior to the twenty-first day of April, one
thousand nine hundred seventy-two; and those hereafter retiring are eligible to obtain health
insurance coverage. The retired employee's premium contribution for the coverage shall be
established by the finance board.
(j) Surviving spouse and dependent participation. -- A surviving spouse and dependents of
a deceased employee, who was either an active or retired employee participating in the plan just prior
to his or her death, are entitled to be included in any group insurance coverage provided under this
article to which the deceased employee was entitled, and the spouse and dependents shall bear the
premium cost of the insurance coverage. The finance board shall establish the premium cost of the
coverage.
(k) Elected officials. -- In construing the provisions of this section or any other provisions
of this code, the Legislature declares that it is not now nor has it ever been the Legislature's intent
that elected public officials be provided any sick leave, annual leave or personal leave, and the
enactment of this section is based upon the fact and assumption that no statutory or inherent authority
exists extending sick leave, annual leave or personal leave to elected public officials and the very
nature of those positions preclude the arising or accumulation of any leave, so as to be thereafter
usable as premium paying credits for which the officials may claim extended insurance benefits.
(l) Participation of certain former employees. -- An employee, eligible for coverage under
the provisions of this article who has twenty years of service with any agency or entity participating
in the public employees insurance program or who has been covered by the public employees
insurance program for twenty years may, upon leaving employment with a participating agency or
entity, continue to be covered by the program if the employee pays one hundred and five percent of
the cost of retiree coverage: Provided, That the employee shall elect to continue coverage under this
subsection within two years of the date the employment with a participating agency or entity is
terminated.
(m) Prohibition on conversion of accrued annual and sick leave for extended coverage upon
retirement for new employees who elect to participate in the plan after June, two thousand one. --
Any employee hired on or after the first day of July, two thousand one who elects to participate in
the plan may not apply accrued annual or sick leave toward the cost of premiums for extended
insurance coverage upon his or her retirement. This prohibition does not apply to the conversion of
accrued annual or sick leave for increased retirement benefits, as authorized by this section:
Provided, That any person who has participated in the plan prior to the first day of July, two
thousand one, is not a new employee for purposes of this subsection if he or she becomes
reemployed with an employer participating in the plan within two years following his or her
separation from employment and he or she elects to participate in the plan upon his or her
reemployment.
CHAPTER 33. INSURANCE.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-1a. Definitions.
As used in this article:
(a) 'Bona fide association' means an association which has been actively in existence for at
least five years; has been formed and maintained in good faith for purposes other than obtaining
insurance; does not condition membership in the association on any health status-related factor
relating to an individual; makes accident and sickness insurance offered through the association
available to all members regardless of any health status-related factor relating to members or
individuals eligible for coverage through a member; does not make accident and sickness insurance
coverage offered through the association available other than in connection with a member of the
association; and meets any additional requirements as may be set forth in this chapter or by rule.
(b) 'Commissioner' means the commissioner of insurance.
(c) 'Creditable coverage' means, with respect to an individual, coverage of the individual
after the thirtieth day of June, one thousand nine hundred ninety-six, under any of the following,
other than coverage consisting solely of excepted benefits:
(1) A group health plan;
(2) A health benefit plan;
(3) Medicare Part A or Part B, 42 U. S. C. §1395 et seq.; Medicaid, 42 U. S. C. §1396a et
seq. (other than coverage consisting solely of benefits under Section 1928 of the Social Security
Act); Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), 10 U. S. C.,
Chapter 55; and a medical care program of the Indian Health Service or of a tribal organization;
(4) A health benefits risk pool sponsored by any state of the United States or by the District
of Columbia; a health plan offered under 5 U. S. C., chapter 89; a public health plan as defined in
regulations promulgated by the federal secretary of health and human services; or a health benefit
plan as defined in the Peace Corps Act, 22 U. S. C. §2504(e).
(d) 'Dependent' means an eligible employee's spouse or any unmarried child or stepchild
under the age of eighteen or unmarried, dependent child or stepchild under age twenty-three if a full-time student at an accredited school. twenty-five if that child or stepchild meets the definition
of a 'qualifying child' or a 'qualifying relative' in section 152 of the Internal Revenue Code.
(e) 'Eligible employee' means an employee, including an individual who either works or
resides in this state, who meets all requirements for enrollment in a health benefit plan.
(f) 'Excepted benefits' means:
(1) Any policy of liability insurance or contract supplemental thereto; coverage only for
accident or disability income insurance or any combination thereof; automobile medical payment
insurance; credit-only insurance; coverage for on-site medical clinics; workers' compensation
insurance; or other similar insurance under which benefits for medical care are secondary or
incidental to other insurance benefits; or
(2) If offered separately, a policy providing benefits for long-term care, nursing home care,
home health care, community-based care or any combination thereof, dental or vision benefits or
other similar, limited benefits; or
(3) If offered as independent, noncoordinated benefits under separate policies or certificates,
specified disease or illness coverage, hospital indemnity or other fixed indemnity insurance, or
coverage, such as medicare supplement insurance, supplemental to a group health plan; or
(4) A policy of accident and sickness insurance covering a period of less than one year.
(g) 'Group health plan' means an employee welfare benefit plan, including a church plan or
a governmental plan, all as defined in section three of the Employee Retirement Income Security Act
of 1974, 29 U. S. C. §1003, to the extent that the plan provides medical care.
(h) 'Health benefit plan' means benefits consisting of medical care provided directly, through
insurance or reimbursement, or indirectly, including items and services paid for as medical care,
under any hospital or medical expense incurred policy or certificate; hospital, medical or health
service corporation contract; health maintenance organization contract; or plan provided by a
multiple-employer trust or a multiple-employer welfare arrangement. 'Health benefit plan' does not
include excepted benefits.
(i) 'Health insurer' means an entity licensed by the commissioner to transact accident and
sickness in this state and subject to this chapter. 'Health insurer' does not include a group health
plan.
(j) 'Health status-related factor' means an individual's health status, medical condition
(including both physical and mental illnesses), claims experience, receipt of health care, medical
history, genetic information, evidence of insurability (including conditions arising out of acts of
domestic violence) or disability.
(k) 'Medical care' means amounts paid for, or paid for insurance covering, the diagnosis,
cure, mitigation, treatment or prevention of disease, or amounts paid for the purpose of affecting any
structure or function of the body, including amounts paid for transportation primarily for and
essential to such care.
(l) 'Mental health benefits' means benefits with respect to mental health services, as defined
under the terms of a group health plan or a health benefit plan offered in connection with the group
health plan.
(m) 'Network plan' means a health benefit plan under which the financing and delivery of
medical care are provided, in whole or in part, through a defined set of providers under contract with
the health insurer.
(n) 'Preexisting condition exclusion' means, with respect to a health benefit plan, a limitation
or exclusion of benefits relating to a condition based on the fact that the condition was present before
the enrollment date for such coverage, whether or not any medical advice, diagnosis, care or
treatment was recommended or received before the enrollment date."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2940 - "A Bill to amend and reenact §5-16-13 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §33-16-1a of said code, all relating to the
public employees insurance program and group accident and sickness insurance; and increasing the
age of certain dependents for health insurance coverage."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate
amendments.
The bill, as amended by the Senate, was then put upon its passage.
Delegates Ashley, Duke and Moye requested to be excused from voting on the passage of
Com. Sub. for H. B. 2940 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 537), and there were--yeas
82, nays 16, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Canterbury, Carmichael, Cowles, Ellem, Ireland,
Lane, J. Miller, Overington, Porter, Romine, Sobonya and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2940) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 538), and there were--yeas 94, nays
4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Ireland, J. Miller and Sumner.
Absent And Not Voting: Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2940) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2585, Relating to the renewal of teaching certificates and permanent
certification.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §18A-3-11 of the Code of West Virginia, 1931, as amended, be repealed; that §5-16-2
of said code be amended and reenacted; that §18-7A-3 of said code be amended and reenacted; that
§18-7B-2 of said code be amended and reenacted; that §18-23-4a of said code be amended and
reenacted; that §18A-3-3 of said code be amended and reenacted; and that said code be amended by
adding thereto a new section, designated §18A-3-11, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC
WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS,
ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-2. Definitions.
The following words and phrases as used in this article, unless a different meaning is clearly
indicated by the context, have the following meanings:
(1) 'Agency' means the public employees insurance agency created by this article.
(2) 'Director' means the director of the public employees insurance agency created by this
article.
(3) 'Employee' means any person, including an elected officers officer, who works regularly
full time in the service of the state of West Virginia and, for the purpose of this article only, the term
'employee' also means any person, including an elected officers officer, who works regularly full
time in the service of a county board of education; a county, city or town in the state; any separate
corporation or instrumentality established by one or more counties, cities or towns, as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any
public corporation charged by law with the performance of a governmental function and whose
jurisdiction is coextensive with one or more counties, cities or towns; any comprehensive community
mental health center or comprehensive mental retardation facility established, operated or licensed
by the secretary of health and human resources pursuant to section one, article two-a, chapter
twenty-seven of this code and which is supported in part by state, county or municipal funds; any
person who works regularly full time in the service of the university of West Virginia board of
trustees or the board of directors of the state college system Higher Education Policy Commission,
the West Virginia Council for Community and Technical College Education or a governing board,
as defined in section two, article one, chapter eighteen-b of this code; and any person who works
regularly full time in the service of a combined city-county health department created pursuant to
article two, chapter sixteen of this code; and any person designated as a 21st Century Learner Fellow
pursuant to section eleven, article three, chapter eighteen-a of this code. On and after the first day
of January, one thousand nine hundred ninety-four, and Upon election by a county board of
education to allow elected board members to participate in the public employees insurance program
pursuant to this article, any person elected to a county board of education shall be considered to be
an 'employee' during the term of office of the elected member. Upon election by the State Board
of Education to allow appointed board members to participate in the public employees insurance
program pursuant to this article, any person appointed to the State Board of Education is considered
an 'employee' during the term of office of the appointed member: Provided, That the elected
member of a county board of education and the appointed member of the State Board of Education
shall pay the entire cost of the premium if he or she elects to be covered under this article. Any
matters of doubt as to who is an employee within the meaning of this article shall be decided by the
director.
On or after the first day of July, one thousand nine hundred ninety-seven, a person shall be
considered an 'employee' if that person meets the following criteria:
(i) Participates in a job-sharing arrangement as defined in section one, article one, chapter
eighteen-a of this code;
(ii) Has been designated, in writing, by all other participants in that job-sharing arrangement
as the 'employee' for purposes of this section; and
(iii) Works at least one third of the time required for a full-time employee.
(4) 'Employer' means the state of West Virginia, its boards, agencies, commissions,
departments, institutions or spending units; a county board of education; a county, city or town in
the state; any separate corporation or instrumentality established by one or more counties, cities or
towns, as permitted by law; any corporation or instrumentality supported in most part by counties,
cities or towns; any public corporation charged by law with the performance of a governmental
function and whose jurisdiction is coextensive with one or more counties, cities or towns; any
comprehensive community mental health center or comprehensive mental retardation facility
established, operated or licensed by the secretary of health and human resources pursuant to section
one, article two-a, chapter twenty-seven of this code and which is supported in part by state, county
or municipal funds; and a combined city-county health department created pursuant to article two,
chapter sixteen of this code; and a corporation meeting the description set forth in section three,
article twelve, chapter eighteen-b of this code that is employing a 21st Century Learner Fellow
pursuant to section eleven, article three, chapter eighteen of this code but the corporation is not
considered an employer with respect to any employee other than a 21st Century Learner Fellow. Any
matters of doubt as to who is an 'employer' within the meaning of this article shall be decided by
the director. The term 'employer' does not include within its meaning the national guard.
(5) 'Finance board' means the public employees insurance agency finance board created by
this article.
(6) 'Person' means any individual, company, association, organization, corporation or other
legal entity, including, but not limited to, hospital, medical or dental service corporations; health
maintenance organizations or similar organization providing prepaid health benefits; or individuals
entitled to benefits under the provisions of this article.
(7) 'Plan', unless the context indicates otherwise, means the medical indemnity plan, the
managed care plan option or the group life insurance plan offered by the agency.
(8) 'Retired employee' means an employee of the state who retired after the twenty-ninth day
of April, one thousand nine hundred seventy-one, and an employee of the university of West Virginia
board of trustees, or the board of directors of the state college system, the higher education policy
commission, the council for community and technical college education, a state institution of higher
education or a county board of education who retires on or after the twenty-first day of April, one
thousand nine hundred seventy-two, and all additional eligible employees who retire on or after the
effective date of this article, meet the minimum eligibility requirements for their respective state
retirement system and whose last employer immediately prior to retirement under the state retirement
system is a participating employer: Provided, That for the purposes of this article, the employees
who are not covered by a state retirement system but who are covered by a state approved or state
contracted retirement program shall, in the case of education employees, meet the minimum
eligibility requirements of the State Teachers' Retirement System and in all other cases, meet the
minimum eligibility requirements of the public employees retirement system.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS' RETIREMENT SYSTEM.
§18-7A-3. Definitions.
(a) As used in this article, unless the context clearly require a different meaning:
(1) 'Accumulated contributions' means all deposits and all deductions from the gross salary
of a contributor plus regular interest.
(2) 'Accumulated net benefit' means the aggregate amount of all benefits paid to or on behalf
of a retired member;
(3) 'Annuities' means the annual retirement payments for life granted beneficiaries in
accordance with this article.
(4) 'Average final salary' means the average of the five highest fiscal year salaries earned as
a member within the last fifteen fiscal years of total service credit, including military service as provided in this article, or if total service is less than fifteen years, the average annual salary for the
period on which contributions were made.
(5) 'Beneficiary' means the recipient of annuity payments made under the retirement system.
(6) 'Contributor' means a member of the retirement system who has an account in the
teachers accumulation fund.
(7) 'Deposit' means a voluntary payment to his or her account by a member.
(8) 'Employer' means the agency of and within the state which has employed or employs a
member.
(9) 'Employment term' means employment for at least ten months, a month being defined
as twenty employment days.
(10) 'Gross salary' means the fixed annual or periodic cash wages paid by a participating
public employer to a member for performing duties for the participating public employer for which
the member was hired. Gross salary also shall also include retroactive payments made to a member
to correct a clerical error, or pursuant to a court order or final order of an administrative agency
charged with enforcing federal or state law pertaining to the member's rights to employment or
wages, with all such the retroactive salary payments to be allocated to and deemed considered paid
in the periods in which the work was or would have been done. Gross salary shall not include lump
sum payments for bonuses, early retirement incentives, severance pay, or any other fringe benefit of
any kind including, but not limited to, transportation allowances, automobiles or automobile
allowances, or lump sum payments for unused, accrued leave of any type or character.
(11) 'Internal Revenue Code' means the Internal Revenue Code of 1986, as it has been
amended.
(12) 'Member' means a member of the retirement system.
(13) 'Members of the administrative staff of the public schools' means deans of instruction,
deans of men, deans of women, and financial and administrative secretaries.
(14) 'Members of the extension staff of the public schools' means every agricultural agent,
boys' and girls' club agent and every member of the agricultural extension staff whose work is not
primarily stenographic, clerical or secretarial.
(15) 'New entrant' means a teacher who is not a present teacher.
(16) 'Nonteaching member' means any person, except a teacher member, who is regularly
employed for full-time service by: (a) Any county board of education; (b) the State Board of
Education; (c) the West Virginia Board of Regents [abolished] Higher Education Policy
Commission, the West Virginia Council for Community and Technical College Education or a
governing board, as defined in section two, article one, chapter eighteen-b of this code; or (d) the
Teachers Retirement Board: Provided, That any person whose employment with the Higher
Education Policy Commission, the West Virginia Council for Community and Technical College
Education or a governing board commences on or after the first day of July, one thousand nine
hundred ninety-one, is not considered a nonteaching member.
(17) 'Pick-up service' means service that a member was entitled to, but which the employer
has not withheld or paid for.
(18) 'Plan year' means the twelve-month period commencing on the first day of July and
ending the following thirtieth day of June of any designated year.
(19) 'Present member' means a present teacher who is a member of the retirement system.
(20) 'Present teacher' means any person who was a teacher within the thirty-five years
beginning the first day of July, one thousand nine hundred thirty-four, and whose membership in the
retirement system is currently active.
(21) 'Prior service' means all service as a teacher completed prior to the first day of July, one
thousand nine hundred forty-one, and all service of a present member who was employed as a
teacher, and did not contribute to a retirement account because he or she was legally ineligible for
membership during the service.
(22) 'Public schools' means all publicly supported schools, including colleges and
universities in this state.
(23) 'Refund beneficiary' means the estate of a deceased contributor or a person he or she
has nominated as beneficiary of his or her contributions by written designation duly executed and
filed with the retirement board.
(24) 'Refund interest' means interest compounded, according to the formula established in
legislative rules, series seven of the Consolidated Public Retirement Board.
(25) 'Regular interest' means interest at four percent compounded annually, or a higher
earnable rate if set forth in the formula established in legislative rules, series seven of the
Consolidated Public Retirement Board.
(26) 'Regularly employed for full-time service' means employment in a regular position or
job throughout the employment term regardless of the number of hours worked or the method of pay.
(27) 'Required beginning date' means the first day of April of the calendar year following
the later of: (a) The calendar year in which the member attains age seventy and one-half years; or
(b) the calendar year in which the member retires or ceases covered employment under the system
after having attained the age of seventy and one-half years.
(28) 'Retirement system' means the State Teachers' Retirement System provided for in this
article.
(29) 'Teacher member' means the following persons, if regularly employed for full-time
service: (a) Any person employed for instructional service in the public schools of West Virginia;
(b) principals; (c) public school librarians; (d) superintendents of schools and assistant county
superintendents of schools; (e) any county school attendance director holding a West Virginia
teacher's certificate; (f) the Executive Secretary of the Retirement Board; (g) members of the
research, extension, administrative or library staffs of the public schools; (h) the State Superintendent
of Schools, heads and assistant heads of the divisions under his or her supervision, or any other
employee under the State Superintendent performing services of an educational nature; (i) employees
of the State Board of Education who are performing services of an educational nature; (j) any person
employed in a nonteaching capacity by the State Board of Education, any county board of education,
the State Department of Education or the Teachers Retirement Board, if that person was formerly employed as a teacher in the public schools; (k) all classroom teachers, principals and educational
administrators in schools under the supervision of the Division of Corrections, the Division of Health
or the Division of Human Services; and (l) employees of the State Board of School Finance, if that
person was formerly employed as a teacher in the public schools; and (m) any person designated as
a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this
code who elects to remain a member of the Teachers' Retirement System provided for in this article.
(30) 'Total service' means all service as a teacher while a member of the retirement system
since last becoming a member and, in addition thereto, credit for prior service, if any.
The masculine gender shall be construed so as to include the feminine.
Age in excess of seventy years shall be considered to be seventy years.
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.
§18-7B-2. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(1) 'Defined contribution system' or 'system' means the Teachers' Defined Contribution
Retirement System created and established by this article:
(2) 'Existing retirement system' means the State Teachers' Retirement System established
in article seven-a of this chapter;
(3) 'Existing employer' means any employer who employed or employs a member of the
existing retirement system;
(4) 'Consolidated board' or 'board' means the Consolidated Public Retirement Board created
and established pursuant to article ten-d, chapter five of this code;
(5) 'Member' or 'employee' means the following persons, if regularly employed for full-time
service: (A) Any person employed for instructional service in the public schools of West Virginia;
(B) principals; (C) public school librarians; (D) superintendents of schools and assistant county
superintendents of schools; (E) any county school attendance director holding a West Virginia
teacher's certificate; (F) members of the research, extension, administrative or library staffs of the
public schools; (G) the State Superintendent of Schools, heads and assistant heads of the divisions under his or her supervision, or any other employee under the State Superintendent performing
services of an educational nature; (H) employees of the State Board of Education who are performing
services of an educational nature; (I) any person employed in a nonteaching capacity by the State
Board of Education, any county board of education or the State Department of Education if that
person was formerly employed as a teacher in the public schools; (J) all classroom teachers,
principals and educational administrators in schools under the supervision of the Division of
Corrections and the Department of Health and Human Resources; (K) any person who is regularly
employed for full-time service by any county board of education or the State Board of Education and
(L) the administrative staff of the public schools including deans of instruction, deans of men and
deans of women, and financial and administrative secretaries; and (M) any person designated as a
21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code
who elects to remain a member of the Teachers' Defined Contribution System established by this
article;
(6) 'Regularly employed for full-time service' means employment in a regular position or job
throughout the employment term regardless of the number of hours worked or the method of pay;
(7) 'Year of employment service' means employment for at least ten months, a month being
defined as twenty employment days: Provided, That no more than one year of service may be
accumulated in any twelve-month period;
(8) 'Employer' means the agency of and within the State of West Virginia which has
employed or employs a member;
(9) 'Compensation' means the full compensation actually received by members for service
whether or not a part of the compensation is received from other funds, federal or otherwise, than
those provided by the state or its subdivisions;
(10) 'Public schools' means all publicly supported schools, including normal schools,
colleges and universities in this state;
(11) 'Member contribution' means an amount reduced from the employee's regular pay
periods, and deposited into the member's individual annuity account within the Defined Contribution
Retirement System;
(12) 'Employer contribution' means an amount deposited into the member's individual
annuity account on a periodic basis coinciding with the employee's regular pay period by an
employer from its own funds;
(13) 'Annuity account' or 'annuity' means an account established for each member to record
the deposit of member contributions and employer contributions and interest, dividends or other
accumulations credited on behalf of the member;
(14) 'Retirement' means a member's withdrawal from the active employment of a
participating employer and completion of all conditions precedent to retirement;
(15) 'Permanent, total disability' means a mental or physical incapacity requiring absence
from employment service for at least six months: Provided, That the incapacity is shown by an
examination by a physician or physicians selected by the Board: Provided, however, That for
employees hired on or after the first day of July, two thousand five, permanent, total disability means
an inability to engage in substantial gainful activity by reason of any medically determinable physical
or mental impairment that can be expected to result in death, or has lasted or can be expected to last
for a continuous period of not less than twelve months and the incapacity is so severe that the
member is likely to be permanently unable to perform the duties of the position the member occupied
immediately prior to his or her disabling injury or illness.
(16) 'Plan year' means the twelve-month period commencing on the first day of July of any
designated year and ending on the following thirtieth day of June;
(17) 'Required beginning date' means the first day of April of the calendar year following
the later of: (a) The calendar year in which the member attains age seventy-one and one-half years;
or (b) the calendar year in which the member retires or otherwise ceases employment with a
participating employer after having attained the age of seventy and one-half years; and
(18) 'Internal Revenue Code' means the Internal Revenue Code of 1986, as it has been
amended.
ARTICLE 23. ADDITIONAL POWERS, DUTIES AND RESPONSIBILITIES OF
GOVERNING BOARDS OF STATE INSTITUTIONS OF HIGHER
EDUCATION.
§18-23-4a. Supplemental and additional retirement plans for employees; payroll deductions;
authority to match employee contributions; retroactive curative and technical
corrective action.
(a) Any reference in this code to the 'additional retirement plan' relating to state higher
education employees, means the 'higher education retirement plan' provided in this section. Any
state higher education employee participating in a retirement plan upon the effective date of this
section continues to participate in that plan and may not elect to participate in any other state
retirement plan. Any such retirement plan continues to be governed by the provisions of law
applicable on the effective date of this section.
(b) The Higher Education Policy Commission, on behalf of the governing boards and itself,
shall contract for a retirement plan for its employees, to be known as the 'Higher Education
Retirement Plan'. The governing boards and Higher Education Policy Commission shall make
periodic deductions from the salary payments due the employees in the amount they are required to
contribute to the Higher Education Retirement Plan, which deductions shall be six percent.
(c) The Higher Education Policy Commission and the governing boards, with policy
commission approval, may contract for a supplemental retirement plan for any or all of their
employees to supplement the benefits the employees otherwise receive. The governing boards and
Higher Education Policy Commission may make additional periodic deductions from the salary
payments due the employees in the amount they are required to contribute for the supplemental
retirement plan.
(d) The Higher Education Policy Commission shall conduct a study of the feasibility of
offering multiple vendors of retirement products and services to be offered for the benefit of higher education employees. The commission shall report the findings of the study, along with a plan for
offering multiple vendors for the employees, to the Joint Committee on Pensions and Retirement no
later than the first day of December, two thousand one. Upon approval by the Joint Committee on
Pensions and Retirement, the commission shall provide a choice of vendors to their employees. any
selection of vendors made by the commission shall be determined according to a request for proposal
issued pursuant to the provisions of section four, article five, chapter eighteen-b of this code.
(e) Each governing board and the Higher Education Policy Commission, by way of additional
compensation to their employees, shall pay an amount equal to the contributions of the employees
into the higher education retirement plan from funds appropriated to the board or commission for
personal services.
(f) Each participating employee has a full and immediate vested interest in the retirement and
death benefits accrued from all the moneys paid into the Higher Education Retirement Plan or a
supplemental retirement plan for his or her benefit. Upon proper requisition of a board or the Higher
Education Policy Commission, the auditor shall periodically issue a warrant, payable as specified
in the requisition, for the total contributions so withheld from the salaries of all participating
employees and for the governing board's or Higher Education Policy Commission's matching funds.
(g) Any person whose employment commences on or after the effective date of this section
first day of July, one thousand nine hundred ninety-one, and who is eligible to participate in the
Higher Education Retirement Plan, shall participate in that plan and is not eligible to participate in
any other state retirement system: Provided, That the foregoing provision does not apply to a person
designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter
eighteen-a of this code. The additional retirement plan contracted for by the governing boards prior
to the effective date of this section first day of July, one thousand nine hundred ninety-one, remains
in effect unless changed by the Higher Education Policy Commission. Nothing in this section may
be construed to consider employees of the governing boards as employees of the Higher Education
Policy Commission, nor is the Higher Education Policy Commission responsible or liable for
retirement benefits contracted by, or on behalf of, the governing boards.
(h) It is the intent of the Legislature in amending and reenacting this section during its two
thousand one regular session solely to:
(1) Maintain the current retirement plans offered to state higher education employees in their
current form;
(2) Clarify that employees of the Higher Education Policy Commission are participants in
the higher education retirement plan;
(3) Codify the current contribution levels of the governing boards, the Higher Education
Policy Commission and their employees toward the present higher education retirement plan;
(4) Make mandatory the contribution levels of the governing boards and Higher Education
Policy Commission;
(5) Establish a standardized retirement policy for all state higher education employees as
determined by the policy commission;
(6) Clarify the application and purposes of the additional and supplemental retirement plans
previously provided for in this section; and
(7) Remove obsolete and archaic language.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL
DEVELOPMENT.
§18A-3-3. Renewal of certificates; permanent certification.
(a) Until the person qualifies for a permanent certificate, any professional or first class
certificate based upon a bachelor's degree shall be renewable provided the holder within five years
from the date the certificate became valid:
(1) Files application on a prescribed form with the State Department of Education;
(2) Presents an official transcript of six semester hours of approved credit as may be
prescribed by the state board; Provided, That such renewal is completed after the beginning of the
period of validity of the certificate to be renewed and within the five-year period immediately
preceding the date of application for renewal
(3) Successfully completes a beginning teacher internship program, if applicable; and
(4) Submits a recommendation based on successful teaching experience from the county
superintendent of schools of the county in which the holder last taught or resides.
(b) The holder of a professional certificate, valid for five years, shall have the certificate
made permanent upon meeting either any of the following requirements:
(1) Completion of the second renewal, in accordance with the provisions set forth in (2)
above subsection (a) of this section; or
(2) After five years of service in the public schools, presentation of a transcript showing the
completion of requirements for a master's degree from an institution of higher education accredited
to offer the master's degree and in a program relevant to the public school program or completes the
fifth year of training leading to a bachelor's degree in library science from a school fully approved
by the American Library Association; or
(3) Receives certification through the National Board for Professional Teaching Standards.
(c) In either event To satisfy any of the requirements of subsection (b) of this section, the
person must file application on a prescribed form with the State Department of Education and must
submit a recommendation from the county superintendent of schools of the county in which the
person last taught or resides.
(d) All certificates and permits, other than the professional certificate, shall be renewed in
accordance with state board regulations.
(e) If the applicant seeking renewal has cause to believe that the county superintendent
refuses to give a recommendation without just cause, the applicant shall have the right, in such case,
to appeal to the State Superintendent of Schools whose responsibility it shall be to investigate the
matter and issue a certificate if, in the opinion of the state superintendent, the county superintendent's
recommendation was withheld arbitrarily.
(f) A person who has reached the age of sixty and holds a renewable certificate, as provided
in this section, need not present renewal credit but shall meet all other renewal requirements.
§18A-3-11. Fellowship for 21st Century Learners.
(a) The Legislature finds that:
(1) There are instances, especially for the purpose of professional development, where it
would be beneficial for persons who are members of the Teachers' Retirement System or the
Teachers' Defined Contribution System to be employed by state institutions of higher education or
research corporations;
(2) Members of the Teachers' Retirement System are discouraged from terminating their
membership to that system because their annuity is based on their final average salary and their total
service credit;
(3) A member of the Teachers' Defined Contribution System may be discouraged from
terminating his or her membership to that system because the member may be completely vested in
that system or have made substantial progress toward being vested;
(4) These members also are discouraged from leaving employment that allows them to
participate in the Public Employees Insurance Program pursuant to article sixteen, chapter five of
this code; and
(5) An example of this beneficial arrangement would be the employment of a member of the
Teachers' Retirement System or a member of the Teachers' Defined Contribution System by an
entity that otherwise would not be considered an employer under article seven-a, chapter eighteen
of this code or article seven-b, chapter eighteen of this code for the purpose of working on a joint
professional development project between higher education and public education.
(b) For the purposes of this section only, unless the context clearly indicates otherwise:
(1) 'Employer' means either the state institution of higher education or the research
corporation employing a 21st Century Learner Fellow;
(2) 'Research corporation' means a corporation meeting the description set forth in section
three, article twelve, chapter eighteen-b of this code; and
(3) 'State institution of higher education' means the same as defined in section two, article
one, chapter eighteen-b of this code.
(c) The State Superintendent is authorized to designate up to twenty-five professional
educators who are currently employed and who are members of either the Teachers' Retirement
System set forth in article seven-a, chapter eighteen of this code or the Teachers' Defined
Contribution System set forth in article seven-b, chapter eighteen of this code as 21st Century
Learner Fellows, subject to the following:
(1) Before designating a person as a 21st Century Learner Fellow, the State Superintendent
shall consult with the state institution of higher education or the research corporation that would
employ the member if designated;
(2) In determining whether or not to designate a person as a 21st Century Learner Fellow, the
State Superintendent shall give preference to a person who:
(A) Is certified by the National Board for Professional Teaching Standards; and
(B) Demonstrates leadership within his or her content field in the county, regional education
service agency area or the State;
(3) The duration of the person's designation as a 21st Century Learner Fellow shall be for
the period in which the specific project to be undertaken by the person will last as determined by the
State Superintendent at the time he or she designates the person; and
(4) Only the employer may terminate the employment of a person designated as a 21st
Century Learner Fellow prior to the end of the duration of the person's designation as set forth in
subsection (3) of this subsection.
(d) Notwithstanding any other provision of the code to the contrary, the professional
educators designated as 21st Century Learner Fellows may elect to remain a member of the
retirement system in which they were a member of immediately preceding their designation while
they are employed by either a state institution of higher education or a research corporation, subject
to the following:
(1) This authorization to remain a member of the retirement system in which they were a
member of immediately preceding their designation only applies to authorization to remain a
member of either the Teachers' Retirement System set forth in article seven-a, chapter eighteen of this code or to the Teachers' Defined Contribution System set forth in article seven-b, chapter
eighteen of this code, but not both;
(2) Both the employer and the member each shall contribute their share as required by article
seven-a, chapter eighteen of this code or article seven-b, chapter eighteen of this code, as applicable;
(3) If a 21st Century Learner Fellow elects to remain a member of either the Teachers'
Retirement System set forth in article seven-a, chapter eighteen of this code or the Teachers' Defined
Contribution System set forth in article seven-b, chapter eighteen of this code, he or she may not
participate in any retirement plan offered by the employer; and
(4) Notwithstanding any other provision of law to the contrary, the employer does not assume
any liability for benefits accrued by the 21st Century Learner Fellow while he or she was employed
by any other entity.
(e) Notwithstanding any other provision of code to the contrary, each 21st Century Learner
Fellow also qualifies as an employee for the purposes of being authorized to participate in the Public
Employees Insurance Program pursuant to article sixteen, chapter five of this code and the state
institution of higher education or the research corporation, as applicable, shall be considered an
employer under that program, subject to the following:
(1) The state institution of higher education or the research corporation, as applicable, is not
considered an employer with respect to any employee other than a 21st Century Learner Fellow;
(2) For any employee that elects to participate in the program pursuant to this subdivision,
the employer shall pay their share of the premium and the employee shall pay his or her share of the
premium pursuant to article sixteen, chapter five of this code; and
(3) Notwithstanding any other provision of law to the contrary, the employer does not assume
any liability for benefits accrued by the 21st Century Learner Fellow while he or she was employed
by any other entity.
(f) Notwithstanding any other provision of law to the contrary:
(1) The employer is not responsible for any accrued annual leave, sick leave or both that a
21st Century Learner Fellow has accumulated during any prior employment; and
(2) If a 21st Century Learner Fellow has accumulated sick leave from prior employment, and
if not for this subsection that sick leave obligation or any part of that obligation otherwise would
have been transferred to the employer, after expending all sick leave accrued with the employer, the
21st Century Learner may expend the sick leave accumulated with the prior employer, and the prior
employer is responsible for paying the cost of the sick leave expended by the 21st Century Learner
Fellow at a rate equivalent to the salary and benefits paid to the 21st Century Learner Fellow at the
time his or her employment with the prior employer ended."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment
with amendment, as follows:
On page one, by striking out section §5-16-2 and inserting in lieu thereof a new §5-16-2 to
read as follows:
"§5-16-2. Definitions.
The following words and phrases as used in this article, unless a different meaning is clearly
indicated by the context, have the following meanings:
(1) 'Agency' means the public employees insurance agency created by this article.
(2) 'Director' means the director of the public employees insurance agency created by this
article.
(3) 'Employee' means any person, including an elected officers officer, who works regularly
full time in the service of the State of West Virginia and, for the purpose of this article only, the term
'employee' also means any person, including an elected officers officer, who works regularly full
time in the service of a county board of education; a county, city or town in the state; any separate
corporation or instrumentality established by one or more counties, cities or towns, as permitted by
law; any corporation or instrumentality supported in most part by counties, cities or towns; any
public corporation charged by law with the performance of a governmental function and whose
jurisdiction is coextensive with one or more counties, cities or towns; any comprehensive community
mental health center or comprehensive mental retardation facility established, operated or licensed
by the secretary of health and human resources pursuant to section one, article two-a, chapter twenty-seven of this code and which is supported in part by state, county or municipal funds; any
person who works regularly full time in the service of the university of West Virginia board of
trustees or the board of directors of the state college system Higher Education Policy Commission,
the West Virginia Council for Community and Technical College Education or a governing board,
as defined in section two, article one, chapter eighteen-b of this code; and any person who works
regularly full time in the service of a combined city-county health department created pursuant to
article two, chapter sixteen of this code; any person designated as a 21st Century Learner Fellow
pursuant to section eleven, article three, chapter eighteen-a of this code; and any person who works
as a long term substitute as defined in section one, article one, chapter eighteen-a of this code , in
the service of a county board of education: Provided, That a long term substitute who is continuously
employed for at least one hundred thirty-three instructional days during an instructional term and
until the end of that instructional term, is eligible for the benefits provided in this article until the
first day of September following that instructional term. Provided further, That a long term
substitute employed fewer than one hundred thirty-three instructional days during an instructional
term is eligible for the benefits provided in this article only during such time as he or she is actually
employed as a long term substitute. On and after the first day of January, one thousand nine hundred
ninety-four, and upon election by a county board of education to allow elected board members to
participate in the public employees insurance program pursuant to this article, any person elected to
a county board of education shall be considered to be an 'employee' during the term of office of the
elected member. Upon election by the State Board of Education to allow appointed board members
to participate in the public employees insurance program pursuant to this article, any person
appointed to the State Board of Education is considered an 'employee' during the term of office of
the appointed member: Provided, That the elected member of a county board of education and the
appointed member of the State Board of Education shall pay the entire cost of the premium if he or
she elects to be covered under this article. Any matters of doubt as to who is an employee within
the meaning of this article shall be decided by the director.
On or after the first day of July, one thousand nine hundred ninety-seven, a person shall be
considered an 'employee' if that person meets the following criteria:
(i) Participates in a job-sharing arrangement as defined in section one, article one, chapter
eighteen-a of this code;
(ii) Has been designated, in writing, by all other participants in that job-sharing arrangement
as the 'employee' for purposes of this section; and
(iii) Works at least one third of the time required for a full-time employee.
(4) 'Employer' means the state of West Virginia, its boards, agencies, commissions,
departments, institutions or spending units; a county board of education; a county, city or town in
the state; any separate corporation or instrumentality established by one or more counties, cities or
towns, as permitted by law; any corporation or instrumentality supported in most part by counties,
cities or towns; any public corporation charged by law with the performance of a governmental
function and whose jurisdiction is coextensive with one or more counties, cities or towns; any
comprehensive community mental health center or comprehensive mental retardation facility
established, operated or licensed by the secretary of health and human resources pursuant to section
one, article two-a, chapter twenty-seven of this code and which is supported in part by state, county
or municipal funds; and a combined city-county health department created pursuant to article two,
chapter sixteen of this code; and a corporation meeting the description set forth in section three,
article twelve, chapter eighteen-b of this code that is employing a 21st Century Learner Fellow
pursuant to section eleven, article three, chapter eighteen of this code but the corporation is not
considered an employer with respect to any employee other than a 21st Century Learner Fellow. Any
matters of doubt as to who is an 'employer' within the meaning of this article shall be decided by
the director. The term 'employer' does not include within its meaning the national guard.
(5) 'Finance board' means the public employees insurance agency finance board created by
this article.
(6) 'Person' means any individual, company, association, organization, corporation or other
legal entity, including, but not limited to, hospital, medical or dental service corporations; health maintenance organizations or similar organization providing prepaid health benefits; or individuals
entitled to benefits under the provisions of this article.
(7) 'Plan', unless the context indicates otherwise, means the medical indemnity plan, the
managed care plan option or the group life insurance plan offered by the agency.
(8) 'Retired employee' means an employee of the state who retired after the twenty-ninth day
of April, one thousand nine hundred seventy-one, and an employee of the university of West Virginia
board of trustees, or the board of directors of the state college system, the higher education policy
commission, the council for community and technical college education, a state institution of higher
education or a county board of education who retires on or after the twenty-first day of April, one
thousand nine hundred seventy-two, and all additional eligible employees who retire on or after the
effective date of this article, meet the minimum eligibility requirements for their respective state
retirement system and whose last employer immediately prior to retirement under the state retirement
system is a participating employer: Provided, That for the purposes of this article, the employees
who are not covered by a state retirement system but who are covered by a state approved or state
contracted retirement program shall, in the case of education employees, meet the minimum
eligibility requirements of the State Teachers' Retirement System and in all other cases, meet the
minimum eligibility requirements of the public employees retirement system."
The bill, as amended by the Senate, and as further amended by the House of Delegates, was
then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 539), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2585) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 540), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Fleischauer, Talbott and Ron Thompson.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2585) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 3094, Prohibiting county and district school officers, teachers and
school officials from having a pecuniary interest in certain contracts.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
Com. Sub. for H. B. 3094 - "A Bill to amend and reenact §61-10-15 of the Code of West
Virginia, 1931, as amended, relating to prohibiting county and district officers, teachers and school
officials from having a pecuniary interest in certain contracts; and exemptions."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 541), and there were--yeas
82, nays 16, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Border, Carmichael, Duke, Lane, C. Miller, J. Miller,
Overington, Porter, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3094) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 3272, Relating to total return unitrusts.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, 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 I. R. C. §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 I. R. C. §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 clause (ii) of this
subdivision (2) were deceased; and (iv) all persons acting as advisor or protector of the trust; and at least one person receiving notice under each of clauses (ii) and (iii) of subdivision (2) 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 clauses (ii) and (iii) of subdivision (2) of this
section 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 I. R. C. §1222(9), 26 U.
S. C. §1222(9), may consider the unitrust amount as paid from net short-term capital gain described
in I. R. C. §1222(5), 26 U. S. C. §1222(5) and then from net long-term capital gain described in I.
R. C. §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 I. R. C. §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 I. R. C. §170(f)(2)(B) or I. R. C. §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. Such 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 I. R. C. §1222(5), 26 U. S. C. § 1222(5) and then from net realized long-term capital
gain described in I. R. C. §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."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 542), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Talbott and Ron Thompson.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3272) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A messages from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect from its passage, of
Com. Sub. for H. B. 2051, Including lasers as a method of proving the speed of vehicles.
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect from passage, of
Com. Sub. for H. B. 2498, Relating to sexual offenses involving children
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect from passage, of
H. B. 2568, Extending the sunset provision regarding racial profiling analysis.
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect from passage, of
Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205.
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect from passage, of
Com. Sub. for H. B. 2670, Authorizing the Department of Commerce to promulgate
legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect from passage, of
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more
than every two thousand feet on all new installation of water mains.
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect from passage, of
Com. Sub. for H. B. 3161, Relating to the theft of oil, natural gas, water,
telecommunications, electric and solid waste service.
A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the
House of Delegates to the amendment of the Senate, and the passage, as amended, of
H. B. 2770, Enhancing penalties for certain acts against court security personnel.
A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the
House of Delegates to the amendment of the Senate, and the passage, as amended, of
H. B. 3184, Relating to confidentiality, disclosure and authorization for disclosure of mental
health information.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had receded from its amendments and
passed
Com. Sub. for
H. B. 2309, Relating to tourism development projects and tourism expansion
projects.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had receded from its amendments and
passed
Com. Sub. for H. B. 2804, Eliminating time schedules for utility relocation on highway
projects.
A message from the Senate, by
The Clerk of the Senate, announced the concurrence as to the changed effective date, to take
effect January 1, 2008, of
Com. Sub. for H. B. 2253, Providing certain correctional officers be transferred into the
civil service system as covered employees.
A message from the Senate, by
The Clerk of the Senate, announced the concurrence by the Senate in the House amendments
and the concurrence by the Senate as to the changed effective date, to take effect July 1, 2007, of
Com. Sub. for H. B. 2585, Relating to the renewal of teaching certificates and permanent
certification.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2027, Allowing awards under the crime victims compensation program
to be made to victims of identity theft
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2078, Clarifying the procedure for tagging bear, bobcats, deer and wild
turkey taken while hunting
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2130, Eliminating any reduction in the benefit of a deputy sheriff who is disabled on
the job
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2204, Providing that retiring municipal police officers may keep their service revolver.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 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.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2380, Exempting the purchase of certain drugs, durable medical goods,
etc., from the consumers sales and service tax.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 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.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2525, Extending the termination of the West Virginia statewide
addressing and mapping board.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2526, Allowing acupuncturists to form limited liability companies.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2571, Clarifying the deadline for redeeming delinquent lands.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2578, Continuing current mental health parity laws for group insurance plans
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2583, Relating to the expansion of newborn testing
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2703, Authorizing certain students receiving instruction in fly fishing to fly fish while
under the supervision of an instructor without obtaining a license
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2710, Relating to the elimination of the licensure exemption for certain contractors of
manufactured housing installation
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2745, Increasing the fine for furnishing alcohol to persons under 21 years of age
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2781, Modifying the statutory limitation on the length of school buses
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2787, Creation of the Address Confidentiality Program
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for
H. B. 2840, Relating to transportation of wildlife outside of the state
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect July 1, 2007, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2877, Funding entities ensuring public safety on state highways.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2938, Including motor carrier inspectors and enforcement officers in
the definition of law-enforcement officer.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2944, Enhancing the end-of-life care given to residents of nursing homes.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2989, Relating to certain tax shelters used to avoid paying state income taxes.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2991, Authorizing the Tax Commissioner to conduct criminal record checks of
prospective employees of the Tax Division.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3057, Relating to programs for all-inclusive care of the elderly, known as "PACE".
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3072, Relating to defining "charitable exemptions" for purposes of the municipal
business and occupation tax.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 3093, Providing a form for a combined medical power of attorney and
living will.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 3097, Relating to government employees deferred compensation plans.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3141, Relating to whom assessors may issue proof of payment of personal property
taxes
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 3145, West Virginia Film Industry Investment Act
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3270, Relating to the compensation and expenses of fiduciaries
.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3271, Clarifying spendthrift trusts
.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 42, Requesting the Joint Committee on Government and Finance reconstitute Select
Committee A on Children, Juveniles and Other Matters.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 75, Requesting the Joint Committee on Government and Finance to make a study
of the needs of soldiers and veterans who have been injured in the Iraq/Afghanistan wars.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 82, Requesting that the Joint Committee on Government and Finance conduct a
study of municipal annexation under article six, chapter eight of the West Virginia Code to facilitate
a more effective and responsive annexation process.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 96, Requesting the West Virginia Division of Culture and History to erect an
historic marker near the site of the 1924 Benwood Mine Disaster from funds available to the division
for the purpose of erecting historic markers.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 177, Creating Division of Energy,
Com. Sub. for S. B. 194, Relating to appeal bonds
S. B. 403, Increasing sealed bids' limitation for certain purchases and contracts by ambulance
service authorities,
S. B. 405, Relating to electronic requisitions submitted to Auditor,
S. B. 406, Including qualified continuing care retirement communities under Tax Limitations
Amendment ,
Com. Sub. for S. B. 425, Relating to Water Pollution Control Revolving Fund loans,
Com. Sub. for S. B. 475, Allowing appellant file stay with Board of Zoning Appeals,
S. B. 505, Relating to State Police Death, Disability and Retirement Fund,
Com. Sub. for S. B. 599, Eliminating early resignation notification bonus for certain
teachers,
Com. Sub. for S. B. 612, Increasing criminal penalties for violations of certain hunting and
fishing laws by nonresidents,
S. B. 631, Providing refundable exemption for certain contractor purchases,
Com. Sub. for S. B. 672, Including boat retailers in special method for appraising dealer
vehicle inventory,
And,
Com. Sub. for S. B. 697, Creating Appalachian Region Interstate Compact,
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, to take effect from passage, of
Com. Sub. for S. B. 595, Revising workers' compensation statutes
Com. Sub. for S. B. 601, Revising provisions governing motor vehicle dealers' establishment
or relocation,
S. B. 707, Increasing jail processing fee amount,
S. B. 748, Relating to structuring Electronic Telecommunication Open Infrastructure Act,
And,
S. B. 749, Relating to corporation net income tax.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, to take July 1, 2007, of
S. B. 667, Providing student financial aid for certain military service,
And,
S. B. 690, Exempting consumers sales and service tax on highway construction and
maintenance materials.
The Constitutional expiration of the Regular Session having arrived, at 12:00 a.m., the House
of Delegates adjourned until 12:15 a.m., Sunday, March 11, 2007.