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Sunday, March 4, 2007
FIFTY-FOURTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 5:00 p.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 2, 2007, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 490, Relating to Underground Storage Tank Insurance Fund,
S. B. 573, Creating programs to monitor physicians, podiatrists and physician assistants who
are recovering substance abusers,
And,
S. B. 588, Removing tax expiration date on manufacturing or production of synthetic fuel
from coal,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 708, Modifying registration requirements of charities,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 460, Providing notice to Division of Natural Resources, Division of
Forestry and state forest superintendent relating to oil and gas access roads,
And,
S. B. 615, Authorizing certain municipalities to enter into contracts for electric power
purchase,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 400, Appointing additional circuit court judges,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 400) was
referred to the Committee on Finance.
Messages from the Senate
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. 2908, Removing an outdated reference to the assessed value of livestock used to
determine the value of livestock killed by a bear.
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. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of
Health and Human Resources.
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. 31 - "Requesting the Department of Administration name the Capitol Complex
parking building the 'Oshel B. Craigo Parking Building'."
Whereas, Oshel B. Craigo was elected to the West Virginia House of Delegates in 1980 and
elected to the Senate in 1982, where he served until 2002; and
Whereas, The Honorable Oshel B. Craigo is a prominent West Virginia businessman, with
ventures in 20 counties and three other states; and
Whereas, During his tenure in the Senate, the Honorable Oshel B. Craigo served as the
Senate Majority Leader during the 71st Legislature and as Chairman of the Senate Committee on
Finance during the 72nd, 73rd, 74th and 75th Legislatures; and
Whereas, As Chairman of the Senate Committee on Finance, the Honorable Oshel B.
Craigo was instrumental in securing the $5.6 million needed for construction of the Capitol Complex
parking building, a four-level structure that accommodates 788 parking spaces; and
Whereas, It is fitting that the Capitol Complex parking building be named the "Oshel B.
Craigo Parking Building" in recognition of the public service of the Honorable Oshel B. Craigo;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Administration to name the Capitol
Complex parking building the "Oshel B. Craigo Parking Building"; and, be it
Further Resolved, That the Department of Administration is requested to have made and be
placed signs identifying the Capitol Complex parking building as the "Oshel B. Craigo Parking
Building"; 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 Administration and to the Honorable Oshel B.
Craigo.
Resolutions Introduced
Delegates Iaquinta, Amores, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker,
Boggs, Brown, Browning, Burdiss, Campbell, Canterbury, Caputo, Craig, Crosier, DeLong, Doyle,
Duke, Eldridge, Ellis, Ennis, Evans, Fragale, Frederick, Guthrie, Hatfield, Ireland, Klempa, Long,
Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Palumbo,
Paxton, Perdue, Perry, Pethtel, Pino, M. Poling, Proudfoot, Rodighiero, Romine, Rowan, Schadler,
Schoen, Shaver, Sobonya, Spencer, Staggers, Stalnaker, Stephens, Swartzmiller, Tansill, Tucker,
Varner, Wells, Williams, Wysong and Yost offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 63 - "Requesting the Joint Committee on Government and Finance study creating
a program to prepare military veterans for careers in construction project scheduling."
Whereas, Construction project scheduling is not offered in colleges or universities as a
major or minor discipline, but is limited in scope as part of a major course of study, such as
engineering; and
Whereas, Due to a lack of formalized training schedulers are difficult to obtain and many
major construction companies must develop or "grow" their own project schedulers; and
Whereas, With four to six weeks of training, a construction project scheduler can earn a
salary of around forty thousand dollars per year, with significant increases after several years'
experience, in today's market; and
Whereas, The first step would be to develop a facility that recruits and evaluates veterans
who express an interest in becoming a project scheduler; to identify viable candidates; to formally
school them in the most universally accepted project management software available, such as
Primavera Project Manager; and to provide additional and specialized training to acquaint veterans
with general construction terms and techniques; and
Whereas, Upon completion of this training, veterans would be issued a laptop computer
loaded with the necessary software and given a living allowance until receipt of several paychecks;
and
Whereas, Veterans would then be offered to firms and facilities needing their services while
remaining in close contact with the veteran's training facility, which would provide veterans with
support during the first several months of their new employment; and
Whereas, With the right presentation, such companies might be willing to seize the
opportunity to help veterans from the present and other conflicts by financing training and providing
employment for veterans in order to bolster their public image; and
Whereas, West Virginia construction firms would, no doubt, be willing to assist in the
training and placement of veterans as project schedulers; and
Whereas, Primavera Systems is already willing to negotiate training and software prices for
marketing considerations; and
Whereas, Providing veterans (priority to wounded veterans) with the training necessary to
become a construction project scheduler would represent an opportunity to provide good paying jobs
for veterans while becoming a much-needed project-scheduler resource for the construction industry;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study creating
a program to prepare military veterans for careers in construction project scheduling; 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.
Delegates White and Kominar offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 64 - "Requesting the Division of Highways to name the bridge at Puritan Mines in
Mingo County 'The Steven Mahon Bridge' in memory of Steven Mahon."
Whereas, Steven Mahon graduated from Matewan High School in 1988 where he actively
participated in organized sports, including football, basketball, baseball and track; and
Whereas, Steven Mahon was a coal miner in Mingo County, descended from a rich and
deeply rooted family tradition of working in the coal mines; and
Whereas, Steven Mahon was a hard working, loving and devoted family man, to his wife
and daughter and to his parents, and he was a friend to all that knew him; and
Whereas, While Steven Mahon, calmly and stoically accepted the inherent risks and dangers
associated with his chosen profession of coal mining on a daily basis, he tragically lost his life in a
coal mine in October, 2001, while in the prime of his youth, sadly leaving behind his loving wife and his loving daughter - who at the time was only nine months old; and
Whereas, Steven Mahon resided in Ragland in Mingo County and traversed the bridge at
Puritan Mines during his daily trek to work in the mines; and
Whereas, It would be a fitting memorial to this fine young man who tragically lost his life
pursuing a way of life inextricably indigenous to the history and traditions of this state, to name the
bridge he daily traversed in pursuing that life -in his memory; therefore, be it
Resolved by the Legislature:
That the Division of Highways is hereby requested to name the bridge at Puritan Mines in
Mingo County, "The Steven Mahon Bridge;" and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated, signs - bearing the proclamation in bold and prominent fashion, "The
Steven Mahon Bridge" and that such signs be placed at each entry way to the subject bridge; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to each of the following: The Commissioner of the Division of Highways, TaShonda
Mahon and Jocelin McKenna Mahon (Mr. Mahon's widow and surviving daughter respectively), and
to Windle and Wanda Mahon, Mr. Mahon's surviving parents.
Delegates Burdiss and Browning offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 65 - "Requesting the Division of Highways name the bridge numbered 0.01 and
located at Route 54/4 in the City of Mullens, the 'Oscar Robert England Bridge'."
Whereas, Oscar Robert England was instrumental in the early development of the
infrastructure of the City of Mullens that is still in use today; and
Whereas, Oscar Robert England served as street commissioner for the City of Mullens for
over twenty years; and
Whereas, Oscar Robert England's family, friends, neighbors and the community where he worked and lived and that he loved and served, all agree that it would be a great and deserving honor
to name this bridge in Mr. England's honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered
0.01 and located on Route 54/4 in the City of Mullens, Wyoming County, West Virginia the "Oscar
Robert England Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate
signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of Highways and to the Wyoming County Commission.
Delegates Caputo, Argento, Barker, Boggs, Brown, Burdiss, DeLong, Eldridge, Ellem, Ellis,
Fleischauer, Fragale, Guthrie, Hamilton, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa,
Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, Moore, Moye, Paxton,
Perdue, Perry, D. Poling, M. Poling, Rodighiero, Shook, Spencer, Staggers, Stephens, Talbott,
Tucker, Webster, Wells, White and Yost offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 66 - "Requesting the Joint Committee on Government and Finance study the cost
efficiency and effectiveness of employers, self insured for purposes of workers' compensation
coverage, who self administer claims."
Whereas, Large employers who are self employed for purposes of workers' compensation
coverage additionally self administer claims; and
Whereas, There is concern among some policy makers and government officials, that the
self administration of claims by some self-insured employers may be affected by disincentives to
provide coverage due purely to cost considerations and, consequently, that some legitimately injured
employees may be denied coverage; and
Whereas, When employees who have clearly legitimate claims are denied coverage by self-insured employees as a result of cost considerations, an ensuing adversity is incurred by the claimant,
and in some cases to the self-insured employer as well; and
Whereas, When self-administered employers deny coverage as a matter of due course,
legitimate claimants are either forced to bear the financial burden related to their work-related
injuries or otherwise abandon any hope of medical treatment; otherwise, the only alternative for the
injured worker is to engage in costly litigation, which increases monetary costs to the state as well
as attendant social costs to all involved; 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
efficiency and effectiveness of employers, self insured for purposes of workers' compensation
coverage, who self administer claims; 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.
Delegates Sobonya, Reynolds, Morgan and C. Miller offered the following resolution, which
was read by the Clerk as follows:
H. C. R. 67 - "Requesting the Division of Highways to name the cable barriers located
between mile marker six and mile marker fifteen, on I-64, the 'Brian Keith Paul Cable Barriers'."
Whereas, Brian Keith Paul, born May 18, 1963 to Homer and Ina Paul of Barboursville,
West Virginia, brother to Theresa Paul Vithalani, father to Megan, Lenza and Bryce Paul, and
husband to Cathy Paul, passed away November 25, 2006, after a courageous battle with colon
cancer; and
Whereas, Brian Keith Paul was a model citizen and a good father, active in the lives of his children, often volunteering to coach their various sports teams and determined to teach young
people the value of dedication on and off the field. Indeed, Brian's motto was "Never Say Can't";
a motto, by which he lived, and a virtue that guided him in his pursuit to make I-64 safe for all
travelers; and
Whereas, Brian Keith Paul was a third generation mechanic and vice president of Paul's
Garage. As part of his occupation, he remediated, often fatal, car wrecks and preserved those
person' belongings for collection by loved ones. His experience cleaning up car accident sites
allowed him to witness the devastating effects car crashes have on people in our community; and
Whereas, Brian, in light of his unique perspective regarding vehicular accidents, formed the
opinion that too many serious crossover collisions were occurring on said portion of I-64,
particularly for lack of a median barrier; and
Whereas, Brian, in his efforts to better his community, doggedly pursued the Division of
Highways, lobbying them to construct a barrier in the median between the eastbound and westbound
lanes of said stretch of I-64; and
Whereas, His pursuit took hours of research and countless phone calls, often resulting in
dead ends; and
Whereas, Brian persevered through this difficulty by staying true to his motto "Never Say
Can't" and was successful in convincing local and state government officials to construct a median
barrier which now spans from mile marker six to mile marker twenty-seven on I-64 and where this
barrier has saved many lives. As such, the Legislature hereby acknowledges that Brian Keith Paul
was instrumental in initiating the construction of said cable barrier project and finds that it is right
and just to perpetuate and honor his memory by formally naming that stretch of cable barriers, the
"Brian Keith Paul Cable Barriers"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the cable barriers
located between mile marker six and mile marker fifteen, on I-64, the "Brian Keith Paul Cable Barriers"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and to the family members of the late
Brian Keith Paul.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. C. R. 67) to a committee was dispensed with, and it 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.
Special Calendar
Unfinished Business
H. C. R. 24, Everett Dillon Memorial Bridge; coming up in regular order, as unfinished
business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 49, The "Steven Wayne Smith Memorial Bridge"; coming up in regular order, as
unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 60, Requesting the Committee on Government and Finance to conduct a study of
the requirements and restrictions for a license to operate a motor vehicle by individuals with
impaired vision; coming up in regular order, as unfinished business, was reported by the Clerk and
adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. C. R. 42, Requesting WV Legislature increase annual budget for vans for veterans' transportation; coming up in regular order, as unfinished business, was, on motion of Delegate
DeLong, laid over one day.
S. C. R. 43, Requesting Congress erect national monument to motherhood, with emphasis
on veterans' mothers; coming up in regular order, as unfinished business, was reported by the Clerk
and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. C. R. 49, Urging Governor sponsor establishment and maintenance of state cemetery for
veterans; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. C. R. 50, Requesting WV congressional delegation sponsor national veterans' cemetery
in southern WV; coming up in regular order, as unfinished business, was reported by the Clerk and
adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Third Reading
S. B. 104, Establishing date Consolidated Public Retirement Board shall make annuity
payments; 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. 255),
and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 104) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 105, Imposing surcharge on certain fees due Deputy Sheriff 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. 256),
and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 105) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 274, Authorizing Department of Transportation promulgate legislative
rules; 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. 257),
and there were--yeas 91, nays 3, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Lane, Walters and Wysong.
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 274) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 258), and there were--yeas 94, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
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. 274) 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. 276, Authorizing Department of Military Affairs and Public Safety
promulgate legislative rules; 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. 259),
and there were--yeas 87, nays 7, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Border, Lane, C. Miller, Sobonya, Stalnaker, Walters and Wysong.
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 276) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 260), and there were--yeas 93, nays
1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
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. 276) 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. 314, Authorizing Department of Education and the Arts promulgate
legislative rules; 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. 261),
and there were--yeas 91, nays 3, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Lane, Walters and Wysong.
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 314) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 262), and there were--yeas 94, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
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. 314) 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.
S. B. 335, Providing funding for WV Affordable Housing Trust Fund; on third reading,
coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
S. B. 484, Finding and declaring certain claims against state; 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. 263),
and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 484) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 264), and there were--yeas 94, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Frederick, Miley and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 484) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Second Reading
Com. Sub. for S. B. 18, Requiring third party reimbursement for kidney disease screening;
on second reading, coming up in regular order, was read a second time, and, at the request of
Delegate DeLong, and by unanimous consent, the rule was suspended and the bill was advanced to
third reading with an amendment pending.
Com. Sub. for S. B. 66, Relating to WV Community Corrections Fund; on second reading,
coming up in regular order, was read a second time and ordered to third reading
Com. Sub. for S. B. 70, Providing penalties for employing unauthorized workers; on second
reading, coming up in regular order, was read a second time, and, at the request of Delegate DeLong,
and by unanimous consent, the rule was suspended and the bill was advanced to third reading with
an amendment pending.
S. B. 134, Requiring employers provide contribution information to State Teachers
Retirement System; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, 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 §18-7A-13a, §18-7A-14 and §18-7A-23 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13a. Resumption of service by retired teachers.
(a) For the purpose of this section, reemployment of a former or retired teacher as a teacher
shall in no way impair such the teacher's eligibility for a prior service pension, or any other benefit
provided by this article.(b) Retired teachers, who qualified for an annuity because of age or service, may not receive
prior service allowance from the retirement board when employed as a teacher and when regularly
employed by the State of West Virginia. The payment of such the allowance shall be discontinued
on the first day of the month within which such employment begins, and shall be resumed on the first
day of the month succeeding the month within which such employment ceases. The annuity paid
any such the teacher on first retirement resulting from the Teachers' Accumulation Fund and the
Employers' Accumulation Fund shall continue throughout the governmental service and thereafter
according to the option selected by the teacher upon first retirement.
(c) Retired teachers, who qualified for an annuity because of disability, shall receive no
further retirement payments, if the retirement board finds that the disability of the teacher no longer
exists; payment shall be discontinued on the first day of the month within which such the finding is
made. If such the retired teacher returns to service as a teacher, he or she shall contribute to the
Teachers' Accumulation Fund as a member of the system. His or her prior service eligibility, if any,
shall not be impaired because of his or her disability retirement. His or her accumulated
contributions and interest which were transferred to the benefit fund upon his or her retirement shall
be returned to his or her individual account in the Teachers' Accumulation Fund, minus retirement
payments received which were not supported by such contributions and interest. Upon subsequent
retirement, he or she shall receive credit for all of his or her contributory experience, anything to the
contrary in this article notwithstanding.
(d) Notwithstanding any provision of this code to the contrary, a person who retires under
the system provided by this article may subsequently become employed on either a full-time, part-
time basis or contract basis by any institution of higher education without any loss of retirement
annuity or retirement benefits if the person's retirement commences between the effective date of
the enactment of this section in two thousand two and the thirty-first day of December, two thousand
two: Provided, That such the person shall not be eligible to participate in any other state retirement
system provided by this code.
(e) The retirement board is herewith authorized to require of the retired teachers and their
employers such reports as it deems necessary to effectuate the provisions of this section.
§18-7A-14. Contributions by members; contributions by employers.
(a) At the end of each month every member of the retirement system shall contribute six
percent of that member's monthly gross salary to the retirement board: Provided, That any member
employed by the West Virginia Board of Directors of the State College System or the Board of
Trustees of the University System at an a state institution of higher education under its control shall
contribute on the member's full earnable compensation, unless otherwise provided in section
fourteen-a of this article. The sums are due the Teachers Retirement System at the end of each
calendar month in arrears and shall be paid not later than fifteen days following the end of the
calendar month. Each remittance shall be accompanied by a detailed summary of the sums withheld
from the compensation of each member for that month on forms, either paper or electronic, provided
by the Teachers Retirement System for that purpose.
(b) Annually, the contributions of each member shall be credited to the member's account
in the Teachers Retirement System Fund. The contributions shall be deducted from the salaries of
the members as prescribed in this section, and every member shall be considered to have given
consent to the deductions. No deductions, however, shall be made from the earnable compensation
of any member who retired because of age or service, and then resumed service unless as provided
in section thirteen-a of this article.
(c) The aggregate of employer contributions, due and payable under this article, shall equal
annually the total deductions from the gross salary of members required by this section. Beginning
the first day of July, one thousand nine hundred ninety-four, the rate shall be seven and one-half
percent; beginning on the first day of July, one thousand nine hundred ninety-five, the rate shall be
nine percent; beginning on the first day of July, one thousand nine hundred ninety-six, the rate shall
be ten and one-half percent; beginning on the first day of July, one thousand nine hundred ninety-
seven, the rate shall be twelve percent; beginning on the first day of July, one thousand nine hundred ninety-eight, the rate shall be thirteen and one-half percent; and beginning on the first day of July,
one thousand nine hundred ninety-nine and thereafter, the rate shall be fifteen percent: Provided,
That the rate shall be seven and one-half percent for any individual who becomes a member of the
Teachers Retirement System for the first time on or after the first day of July, two thousand five or
any individual who becomes a member of the Teachers Retirement System as a result of the merger
contemplated in article seven-c of this chapter.
(d) Payment by an employer to a member of the sum specified in the employment contract
minus the amount of the employee's deductions shall be considered to be a full discharge of the
employer's contractual obligation as to earnable compensation.
(e) Each contributor shall file with the retirement board or with the employer to be forwarded
to the retirement board an enrollment form showing the contributor's date of birth and other data
needed by the retirement board.
§18-7A-23. Withdrawal and death benefits.
(a) Benefits upon withdrawal from service prior to retirement under the provisions of this
article shall be as follows:
(a) (1) A contributor who withdraws from service for any cause other than death or retirement
shall, upon application, be paid his or her accumulated contributions plus refund interest up to the
end of the fiscal year preceding the year in which application is made, but in no event shall interest
be paid beyond the end of five years following the year in which the last contribution was made:
Provided, That such contributor, at the time of application, is then no longer under contract, verbal
or otherwise, to serve as a teacher; or
(b) (2) If such contributor has completed twenty years of total service, he or she may elect
to receive at retirement age an annuity which shall be computed as provided in this article: Provided,
That if such contributor has completed at least five, but fewer than twenty, years of total service in
this state, he or she may elect to receive at age sixty-two an annuity which shall be computed as
provided in this article. The contributor must notify the retirement board in writing concerning such the election. If such the contributor has completed fewer than five years of service in this state, he
or she shall be subject to the provisions as outlined in subsection (a) above subdivision (1) of this
subsection.
(b) Benefits upon the death of a contributor prior to retirement under the provisions of this
article shall be paid as follows:
(1) If the contributor was at least fifty years old and if his or her total service as a teacher was
at least twenty-five years at the time of his or her death, then the surviving spouse of the deceased,
provided the spouse is designated as the sole refund beneficiary, is eligible for an annuity computed
as though the deceased were actually a retired teacher at the time of death, and had selected a
survivorship option which pays the spouse the same monthly amount which would have been
received by the deceased; or
(2) If the facts do not permit payment under the preceding paragraph (1) subdivision (1) of
this subsection, then the following sum shall be paid to the refund beneficiary of the contributor:
The contributor's accumulated contributions with refund interest up to the year of his or her death
plus the amount of an amount equal to his or her accumulated employee contributions. The latter
sum shall emanate from the Employer's Accumulation Fund."
The bill was then ordered to third reading.
S. B. 149, Repealing code section relating to Child Assessment or In-State Placement Fund;
on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 180, Offering tax-free distributions from certain retirement plans to pay certain
premiums for public safety officers; on second reading, coming up in regular order, was read a
second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page three, section six-a, line thirty, following the word "includes",
by inserting the words "premiums for".
The bill was then ordered to third reading.
Com. Sub. for S. B. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members; on second reading, coming up in regular order, was read a second
time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page five, section one, line seventy-two, following the word "board",
by inserting the words "not to exceed the amount authorized for expenses by section five, article two-
a, chapter four of this code for the members of the Legislature for interim duties".
The bill was then ordered to third reading.
Com. Sub. for S. B. 182, Requiring Division of Banking employ same frequency of
examination schedules as certain federal regulators; on second reading, coming up in regular order,
was read a second time and ordered to third reading.
S. B. 183, Providing Board of Banking and Financial Institutions authority to approve
acquisitions of out-of-state banks; on second reading, coming up in regular order, was read a second
time and ordered to third reading.
S. B. 208, Providing Supreme Court and Consolidated Public Retirement Board notice when
judge retires; on second reading, coming up in regular order, was read a second time and ordered to
third reading.
S. B. 387, Guaranteeing certain veterans bronze military grave markers; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Veterans Affairs and Homeland
Security, was reported by the Clerk and adopted, amending the bill on page one, following the
enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated §24F-1-3a, to read as follows:
ARTICLE 1. VETERANS' GRAVE MARKERS.
§24F-1-3a. Setting of department of veterans affairs' grave markers by cemeteries and
companies that set and install memorial monument markers.
All cemeteries, cemetery associations, cemetery companies and perpetual care cemetery companies, irrespective of how each may be defined in articles five, five-a and five-b, chapter thirty-
five of this code, and companies that set and install memorial monument markers shall not deny a
person or entity the opportunity for installation and maintenance of United States department of
veterans' affairs grave markers at the graves of deceased United States armed forces veterans for the
total charges authorized by section two, article one, chapter twenty-four-f of this code."
The bill was then ordered to third reading.
S. B. 389, Defining blue catfish as game fish; on second reading, coming up in regular order,
was read a second time and ordered to third reading.
S. B. 398, Authorizing Division of Motor Vehicles to suspend or refuse to register certain
interstate commerce motor carriers; on second reading, coming up in regular order, was read a
second time and ordered to third reading.
Com. Sub. for S. B. 411, Creating Correctional Center Nursery Act; on second reading,
coming up in regular order, was read a second time and, at the request of Delegate DeLong, and by
unanimous consent, the rule was suspended and the bill was advanced to third reading with the
committee amendment pending.
S. B. 413, Clarifying procedures for seizing abandoned, neglected or cruelly treated animals;
on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 414, Establishing flat fee for certain services by circuit clerks; on second
reading, coming up in regular order, was read a second time.
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:
"CHAPTER 38. LIENS.
ARTICLE 5B. SUGGESTION OF THE STATE AND POLITICAL SUBDIVISIONS;
GARNISHMENT AND SUGGESTION OF PUBLIC OFFICERS.
§38-5B-4. Notice to judgment debtor of execution against salary or wages; time for service on
officer of suggestee; fee.
A certified copy of an execution issued under this article against salary or wages shall be
served by the clerk of the court who issued the execution upon the judgment debtor. Such service
shall be made by the court or the clerk of the court who issued the execution by enclosing the copy
in a postpaid wrapper , addressed to the judgment debtor or his agent authorized to accept service
of process, and forwarding the same by registered mail, return receipt requested or his or her agent
authorized to accept service of process, by certified mail, return receipt requested, and delivery
restricted to the addressee. The day and hour of such mailing shall be clearly noted on the face of
the original execution and the officer to whom it is delivered for collection shall not make service
upon the proper officer until the expiration of five days from that time. The fee for service of notice
under this section shall be twenty-five cents without any additional allowance for postage, registry
fee, or other expenses incurred in effecting service.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;
NEWSPAPERS; LEGAL ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
(a) The clerk of a circuit court shall charge and collect for services rendered as such by the
clerk the following fees and such fees which shall be paid in advance by the parties for whom such
services are to be rendered:
(1) For instituting any civil action under the rules of civil procedure, any statutory summary
proceeding, any extraordinary remedy, the docketing of civil appeals or any other action, cause, suit
or proceeding, one hundred forty-five dollars, of which thirty dollars of that amount shall be
deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six,
chapter twenty-nine of this code and ten dollars shall be deposited in the special revenue account
created in section six hundred three, article twenty-six, chapter forty-eight of this code to provide
legal services for domestic violence victims;
(2) For instituting an action for medical professional liability, two hundred sixty dollars, of
which ten dollars of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;
(3) Beginning on and after the first day of July, one thousand nine hundred ninety-nine, for
instituting an action for divorce, separate maintenance or annulment, one hundred thirty-five dollars;
(4) For petitioning for the modification of an order involving child custody, child visitation,
child support or spousal support, eighty-five dollars; and
(5) For petitioning for an expedited modification of a child support order, thirty-five dollars.
(b) In addition to the foregoing fees, the following fees shall likewise be charged and
collected:
(1) For preparing an abstract of judgment, five dollars;
(2) For any transcript, copy or paper made by the clerk for use in any other court or otherwise
to go out of the office, for each page, fifty cents;
(3) For action on suggestion, ten twenty-five dollars;
(4) For issuing an execution, ten twenty-five dollars;
(5) For issuing or renewing a suggestee execution, including copies, postage, registered or
certified mail fees and the fee provided by section four, article five-a, chapter thirty-eight of this
code, three twenty-five dollars;
(6) For vacation or modification of a suggestee execution, one dollar;
(7) For docketing and issuing an execution on a transcript of judgment from magistrate's
court, three dollars;
(8) For arranging the papers in a certified question, writ of error, appeal or removal to any
other court, ten dollars, of which five dollars of that amount shall be deposited in the Courthouse
Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this
code;
(9) For postage and express and for sending or receiving decrees, orders or records, by mail
or express, three times the amount of the postage or express charges;
(10) For each subpoena, on the part of either plaintiff or defendant, to be paid by the party
requesting the same, fifty cents;
(11) For additional service (plaintiff or appellant) where any case remains on the docket
longer than three years, for each additional year or part year, twenty dollars; and
(12) For administering funds deposited into a federally insured interest-bearing account or
interest-bearing instrument pursuant to a court order, fifty dollars, to be collected from the party
making the deposit. A fee collected pursuant to this subdivision shall be paid into the general county
fund.
(c) The clerk shall tax the following fees for services in any criminal case against any
defendant convicted in such court:
(1) In the case of any misdemeanor, eighty-five dollars; and
(2) In the case of any felony, one hundred five dollars, of which ten dollars of that amount
shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article
twenty-six, chapter twenty-nine of this code.
(d) The clerk of a circuit court shall charge and collect a fee of twenty-five dollars per bond
for services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the
time of issuance by the person or entity set forth below:
(1) For cash bonds, the fee shall be paid by the person tendering cash as bond;
(2) For recognizance bonds secured by real estate, the fee shall be paid by the owner of the
real estate serving as surety;
(3) For recognizance bonds secured by a surety company, the fee shall be paid by the surety
company;
(4) For ten percent recognizance bonds with surety, the fee shall be paid by the person
serving as surety; and
(5) For ten percent recognizance bonds without surety, the fee shall be paid by the person
tendering ten percent of the bail amount.
In instances in which the total of the bond is posted by more than one bond instrument, the
above fee shall be collected at the time of issuance of each bond instrument processed by the clerk
and all fees collected pursuant to this subsection (d) shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
Nothing in this subsection may be construed as authorizing the clerk to collect the above fee from
any person for the processing of a personal recognizance bond; and.
(e) The clerk of a circuit court shall charge and collect a fee of ten dollars for services
rendered by the clerk for processing of bailpiece and the fee shall be paid by the surety at the time
of issuance. All fees collected pursuant to this subsection (e) shall be deposited in the Courthouse
Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this
code.
(f) No such clerk shall be required to handle or accept for disbursement any fees, cost or
amounts, of any other officer or party not payable into the county treasury, except it be on order of
the court or in compliance with the provisions of law governing such fees, costs or accounts."
The bill was then ordered to third reading.
S. B. 416, Creating misdemeanor offenses for attempting to defeat drug or alcohol screening
test; on second reading, coming up in regular order, was read a second time and ordered to third
reading.
Com. Sub. for S. B. 428, Establishing consumer identity theft protections; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page eighteen, section one hundred four, line five, following the
word "days", by inserting the words "following discovery or actual knowledge".
And,
On page nineteen, section one hundred four, line twenty-seven, following the word "days",
by inserting the words "following discovery or actual knowledge".
At the request of Delegate Webster, and by unanimous consent, Com. Sub. for S. B. 428 was
then placed at the foot of second reading.
S. B. 431, Regulating agricultural liming materials; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
S. B. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight
Commission on Work Force Investment for Economic Development; on second reading, coming up
in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 512, Prohibiting requirement of polygraph examination in certain sexual
offense allegations; on second reading, coming up in regular order, was read a second time.
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 section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL
PROCEDURE.
§62-6-8. Alleged victim of sexual offense may not be required to submit to a polygraph
examination or other truth telling device as a condition of investigating an
alleged offense nor may prosecutors or law-enforcement officers decline to
proceed if the victim refuses such examination.
No law-enforcement officer, prosecutor or any other government official may ask or require
the adult, youth or child victim of an alleged sexual offense, as set forth in the provisions of section
six, article eight, chapter sixty-one; section six, article twelve, chapter sixty-one; section five, article
eight-D, chapter sixty-one; and article eight-B, chapter sixty-one, or any other sexual offense as
defined under state or local law, to submit to a polygraph examination or other truth-testing
examination as a condition for proceeding with the investigation of the alleged offense. No law-
enforcement officer, prosecutor or any other government official may refuse to proceed with an
investigation, warrant, indictment, information or prosecution of the alleged offense because the
alleged victim refused to submit to such an examination."
The bill was then ordered to third reading.
S. B. 530, Authorizing voter not affiliated with any political party to vote in primary; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 596, Requiring municipal elections' personnel participate in training; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 603, Establishing 21st Century Tools for 21st Century Schools
Technology Initiative; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, 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 §18-2E-7 and §18-9A-10 of the Code of West Virginia, 1931, as amended, be amended
and reenacted to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-7. Providing for high quality basic skills development and remediation in all public
schools.
(a) The Legislature finds that teachers must be provided the support, assistance and teaching
tools necessary to meet individual student instructional needs on a daily basis in a classroom of
students who differ in learning styles, learning rates and in motivation to learn. The Legislature
further finds that attaining a solid foundation in the basic skills of reading, composition and
arithmetic is essential for advancement in higher education, occupational and avocational pursuits
and that computers are an effective tool for the teacher in corrective, remedial and enrichment
activities. Therefore, the state board shall ensure that the resources to be used to provide services
to students in the earliest grade level and higher grade levels as resources become available are
included in the education technology strategic plan required by article two-j of this chapter. The
provision of services to students shall be based on a plan developed by each individual school team.
Computer hardware and software shall be purchased in accordance with the education
technology strategic plan adopted pursuant to article two-j of this chapter.
The state board shall develop and provide a program to ensure adequate teacher training,
continuous teacher support and updates. The program shall be consistent with the education
technology strategic plan adopted pursuant to article two-j of this chapter.
To the extent practicable, the technology shall be used to enhance student access to learning tools and resources outside of the normal school day, such as: Before and after school; in the
evenings, on weekends and during vacations; and for student use for homework, remedial work,
independent learning, career planning and adult basic education.
(b) The Legislature finds that the continued implementation of computer use under this
section for high quality basic skills development and remediation in the middle schools, junior high
schools and high schools is necessary to meet the goal that high school graduates will be prepared
fully for college, other post-secondary education or gainful employment. Further, the
implementation should provide a technology infrastructure at the middle schools, junior high schools
and high schools 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 in the following areas:
(1) Attaining basic computer skills such as word processing, spreadsheets, data bases, internet
usage, telecommunications and graphic presentations;
(2) Learning critical thinking and decision-making skills;
(3) Applying academic knowledge in real life situations through simulated workplace
programs;
(4) Understanding the modern workplace environment, particularly in remote areas of the
state, by bringing the workplace to the school;
(5) Making informed career decisions based upon information on labor markets and the skills
required for success in various occupations;
(6) Gaining access to labor markets and job placement;
(7) Obtaining information and assistance about college and other post-secondary education
opportunities and financial aid; and
(8) Other uses for acquiring the necessary skills and information to make a smooth transition
from high school to college, other post-secondary education or gainful employment.
Therefore, the state board also shall address the findings of this subsection regarding the
continued implementation of computer hardware and software and technical planning support in the middle schools, junior high schools and high schools of the state in the education technology
strategic plan required by article two-j of this chapter.
§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
uniformintegrated 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. For the two thousand seven - two thousand eight school
year, the amount of the appropriation for this purpose for the immediately preceding school year
means the amount of the appropriation to the department of education's technology infrastructure
network for fiscal year two thousand seven. 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."
On motion of Delegate Poling, the amendment was amended on page fifteen, line twenty-one,
section §18-9A-10(a)(2), following the words "education's technology infrastructure network" by
inserting the words "for school system technology acquisitions".
The question before the House being the amendment by the Committee on Education, as
amended, the same was put and prevailed.
The bill was then ordered to third reading.
Com. Sub. for S. B. 641, Defining term "PSC motor carrier inspectors and enforcement
officers" for criminal provisions purposes; on second reading, coming up in regular order, was read
a second time.
On motion of Delegate Webster , the bill was amended on page one, following the enacting
section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. CRIMES AGAINST THE PERSON.
§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,
Public Service Commission motor carrier inspectors, Public Service Commission weight
enforcement officers, employees of an urban mass transportation system and county
or state correctional employees; 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, or Public Service
Commission motor carrier inspector or Public Service Commission weight 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 or Public
Service Commision weight enforcement officer acting in his or her official capacity is guilty of a
felony and, upon conviction thereof, shall be confined in a state 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, or Public Service Commission motor carrier inspector or Public
Service Commission weight 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 or Public Service Commission weight enforcement officer
acting in his or her official capacity is guilty of a felony and, upon conviction thereof, shall be
confined in a state 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, or Public Service Commission motor carrier inspector
or Public Service Commission weight enforcement officer acting in his or her official capacity, or
unlawfully and intentionally causes physical harm to 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 or Public Service Commission weight enforcement officer 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 state 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 state
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, or
Public Service Commission motor carrier inspector or Public Service Commission weight
enforcement officer acting in his or her official capacity, or unlawfully commits an act which places
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 or Public Service Commission weight enforcement officer 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."
The bill was then ordered to third reading.
S. B. 757, Extending time for Smithers city council to meet as levying body; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2518, Providing per diem payment to members of the Board of Banking
and Financial Institutions in an amount equal to the amount paid to members of the Legislature for
interim duties; on second reading, coming up in regular order, was, on motion of Delegate DeLong,
laid upon the table.
Com. Sub. for S. B. 428, Establishing consumer identity theft protections; having been
postponed in earlier proceedings, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page eighteen, section one hundred four, line five, after the word
"days", by inserting the words "following discovery or actual knowledge".
And,
On page nineteen, section one hundred four, line twenty-seven, after the word "days", by
inserting the words "following discovery or actual knowledge".
The bill was then ordered to third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for S. B. 187, Relating to WV Performance Review Act,
S. B. 415, Authorizing magistrate courts assess fee for criminal records checks,
S. B. 435, Clarifying Consolidated Local Government Act,
Com. Sub. for S. B. 442, Relating to grievance procedures for certain state and educational
employees,
S. B. 454, Renaming and restructuring Bureau of Employment Programs,
Com. Sub. for S. B. 539, Relating to Deputy Sheriff Retirement System,
S. B. 540, Providing tax credits for certain utility taxpayers,
Com. Sub. for S. B. 569, Creating special fuels taxes for deposit in Special Railroad and
Intermodal Enhancement Fund,
Com. Sub. for S. B. 607, Providing elected political party executive committee members'
term of office,
Com. Sub. for S. B. 610, Relating to electronic voting systems generally,
Com. Sub. for S. B. 617, Requiring voter history on statewide registration system,
S. B. 618, Relating to filing requirements for write-in candidates,
Com. Sub. for S. B. 619, Relating to election day procedures and preparation,
And,
S. B. 754, Clarifying restrictions on certain political contributions from political committees.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Ennis, Frederick, Miley and Tucker.
At 5:46 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 5, 2007.