WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

FIFTY-EIGHTH DAY

____________

Charleston, W. Va., Thursday, March 6, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Ellen File, The Beckley Center of Burlington United Methodist Family Services, Beckley, West Virginia, and Associate Pastor, Oak Hill United Methodist Church, Oak Hill, West Virginia. Talia Markham of Ripley, West Virginia, then proceeded in the singing of "The Star-Spangled Banner".
Pending the reading of the Journal of Wednesday, March 5, 2008,
On motion of Senator Prezioso, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant the Honorable Thomas E. Johnston, U. S. District Judge for the Southern District of West Virginia, Lisa Grimes Johnston, Assistant U. S. Attorney, Burley Grimes and Jeanette Grimes privileges of the floor for the day.
The Clerk presented a communication from the Family Protection Services Board, submitting its annual report, in accordance with chapter forty-eight, article twenty-six, section four hundred one of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Domestic Violence Fatality Review Team, submitting its annual report as required by chapter forty-eight, article twenty-seven, section one of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 13, Relating to Dental Practice Act generally.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page nine, section six, line twenty, after the word "practice" by inserting the words "to be completed and filed as an emergency rule no later than the first day of July, two thousand eight".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 13, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 13) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 88, Creating brownfield economic development districts.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page three, section six-a, after line twenty-four, by adding a new subdivision, designated subdivision (5), to read as follows:
"(5) The applicant shall own or control the property within the district;";
And renumbering the remaining subdivisions;
On page three, section six-a, line twenty-seven, by striking out the word "Applicants" and inserting in lieu thereof the words "An applicant";
On page four, section six-a, line forty-six, by striking out the words "governing board of" and inserting in lieu thereof the words "Regional Brownfield Assistance Centers";
On page four, section six-a, line forty-seven, after the word "in" by inserting the words "section seven,";
On page four, section six-a, line forty-eight, by striking out the word "three" and inserting in lieu thereof the word "eleven";
And,
On page five, section six-a, line fifty-nine, by striking out the word "July" and inserting in lieu thereof the word "October".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 88, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 88) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 217, Reducing compliance time for nonresident traffic violations.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §8-10-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §17B-3-3a of said code be amended and reenacted; and that §50-3-2a of said code be amended and reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
§8-10-2a. Payment of fines by credit cards or payment plan; suspension of driver's license for failure to pay motor vehicle violation fines or to appear in court.

(a) A municipal court may accept credit cards in payment of all costs, fines, forfeitures or penalties. A municipal court may collect a substantial portion of all costs, fines, forfeitures or penalties at the time such amount is imposed by the court so long as the court requires the balance to be paid within one hundred eighty days from the date of judgment and in accordance with a payment plan which specifies: Provided, That all costs, fines, forfeitures or penalties imposed by the municipal court upon a nonresident of this state by judgment entered upon a conviction for a motor vehicle violation defined in section three-a, article three, chapter seventeen-b of this code must be paid within eighty days from the date of judgment. The payment plan shall specify: (1) The number of additional payments to be made; (2) the dates on which such payments and amounts shall be made; and (3) amounts due on such dates.
(b) If costs, fines, forfeitures or penalties imposed by the municipal court for motor vehicle violations as described defined in section three-a, article three, chapter seventeen-b of this code are not paid within one hundred eighty days, or if a person who committed any such violation defaults on a payment plan as described in within the time limits imposed pursuant to subsection (a) of this section, or if a person fails to appear or otherwise respond in court when charged with a motor vehicle violation as defined in section three-a, article three, chapter seventeen-b of this code, the municipal court must notify the commissioner of the division of motor vehicles of such failure to pay or failure to appear.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.

ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.

§17B-3-3a. Suspending license for failure to pay fines or penalties imposed by magistrate court or municipal court.

(a) The division shall suspend the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a magistrate court or municipal court of this state, pursuant to subsection (b), section two-a, article three, chapter fifty or subsection (b), section two-a, article ten, chapter eight of this code, that such person has defaulted on the payment of costs, fines, forfeitures or penalties, which were imposed on the person by the magistrate court or municipal court by judgment entered upon conviction of any motor vehicle violation or that such person has failed to respond or appear in court when charged with a motor vehicle violation.
(b) The magistrate court or municipal court shall notify the division upon a default of payment as follows:
(1) For a resident of this state, after one hundred eighty days following such conviction the date of judgment upon the conviction; or
(2) For a nonresident of this state, after eighty days following the date of judgment upon the conviction. or that such person has failed to appear in court when charged with a motor vehicle violation.
(c) For the purposes of this section, section two-a, article three, chapter fifty and section two-a, article ten, chapter eight, "motor vehicle violation" shall be defined as any violation designated in chapter seventeen-a, seventeen-b, seventeen-c, seventeen-d or seventeen-e of this code, or the violation of any municipal ordinance relating to the operation of a motor vehicle for which the violation thereof would result in a fine or penalty: Provided, That any parking violation or other violation for which a citation may be issued to an unattended vehicle shall not be considered a motor vehicle violation for the purposes of this section, section two-a, article three, chapter fifty or section two-a, article ten, chapter eight of this code.
CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2a. Payment by credit card or payment plan; suspension of licenses for failure to make payments or appear or respond; restitution; liens.

(a) A magistrate court may accept credit cards in payment of all costs, fines, fees, forfeitures, restitution or penalties in accordance with rules promulgated by the supreme court of appeals. Any charges made by the credit company shall be paid by the person responsible for paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, a magistrate court may collect a portion of any costs, fines, fees, forfeitures, restitution or penalties at the time the amount is imposed by the court so long as the court requires the balance to be paid in accordance with a payment plan which specifies: (1) The number of payments to be made; (2) the dates on which the payments are due; and (3) the amounts due for each payment. The written agreement represents the minimum payments and the last date those payments may be made. The obligor or the obligor's agent may accelerate the payment schedule at any time by paying any additional portion of any costs, fines, fees, forfeitures, restitution or penalties.
(c) (1) If any costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court in a criminal case are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon judgment rendered on appeal, the circuit clerk shall notify the commissioner of the division of motor vehicles of the failure to pay: Provided, That in a criminal case in which a nonresident of this state is convicted of a motor vehicle violation defined in section three-a, article three, chapter seventeen-b of this code, the appropriate clerk shall notify the division of motor vehicles of the failure to pay within eighty days from the date of judgment and expiration of any stay of execution. Upon notice, the division of motor vehicles shall suspend any privilege the person defaulting on payment may have to operate a motor vehicle in this state, including any driver's license issued to the person by the division of motor vehicles, until all costs, fines, fees, forfeitures, restitution or penalties are paid in full. The suspension shall be imposed in accordance with the provisions of section six, article three, chapter seventeen-b of this code: Provided, That any person who has had his or her license to operate a motor vehicle in this state suspended pursuant to this subsection and his or her failure to pay is based upon inability to pay may, if he or she is employed on a full or part-time basis, petition to the circuit court for an order authorizing him or her to operate a motor vehicle solely for employment purposes. Upon a showing satisfactory to the court of inability to pay, employment and compliance with other applicable motor vehicle laws, the court shall issue an order granting relief.
(2) In addition to the provisions of subdivision (1) of this subsection, if any costs, fines, fees, forfeitures, restitution or penalties imposed or ordered by the magistrate court for a hunting violation described in chapter twenty of this code are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the director of the division of natural resources of the failure to pay. Upon notice, the director of the division of natural resources shall suspend any privilege the person failing to appear or otherwise respond may have to hunt in this state, including any hunting license issued to the person by the division of natural resources, until all the costs, fines, fees, forfeitures, restitution or penalties are paid in full.
(3) In addition to the provisions of subdivision (1) of this subsection, if any costs, fines, fees, forfeitures, restitution or penalties imposed or ordered by the magistrate court for a fishing violation described in chapter twenty of this code are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the director of the division of natural resources of the failure to pay. Upon notice, the director of the division of natural resources shall suspend any privilege the person failing to appear or otherwise respond may have to fish in this state, including any fishing license issued to the person by the division of natural resources, until all the costs, fines, fees, forfeitures, restitution or penalties are paid in full.
(d) (1) If a person charged with any criminal violation of this code fails to appear or otherwise respond in court, the magistrate court shall notify the commissioner of the division of motor vehicles thereof within fifteen days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the division of motor vehicles shall suspend any privilege the person failing to appear or otherwise respond may have to operate a motor vehicle in this state, including any driver's license issued to the person by the division of motor vehicles, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full. The suspension shall be imposed in accordance with the provisions of section six, article three, chapter seventeen-b of this code.
(2) In addition to the provisions of subdivision (1) of this subsection, if a person charged with any hunting violation described in chapter twenty of this code fails to appear or otherwise respond in court, the magistrate court shall notify the director of the division of natural resources of the failure thereof within fifteen days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the director of the division of natural resources shall suspend any privilege the person failing to appear or otherwise respond may have to hunt in this state, including any hunting license issued to the person by the division of natural resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this subsection, if a person charged with any fishing violation described in chapter twenty of this code fails to appear or otherwise respond in court, the magistrate court shall notify the director of the division of natural resources of the failure thereof within fifteen days of the scheduled date to appear unless the person sooner appears or otherwise responds in court to the satisfaction of the magistrate. Upon notice, the director of the division of natural resources shall suspend any privilege the person failing to appear or otherwise respond may have to fish in this state, including any fishing license issued to the person by the division of natural resources, until final judgment in the case and, if a judgment of guilty, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full.
(e) In every criminal case which involves a misdemeanor violation, a magistrate may order restitution where appropriate when rendering judgment.
(f) (1) If all costs, fines, fees, forfeitures, restitution or penalties imposed by a magistrate court and ordered to be paid are not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the clerk of the magistrate court shall notify the prosecuting attorney of the county of nonpayment and provide the prosecuting attorney with an abstract of judgment. The prosecuting attorney shall file the abstract of judgment in the office of the clerk of the county commission in the county where the defendant was convicted and in any county wherein the defendant resides or owns property. The clerks of the county commissions shall record and index the abstracts of judgment without charge or fee to the prosecuting attorney and when so recorded, the amount stated to be owing in the abstract shall constitute a lien against all property of the defendant.
(2) When all the costs, fines, fees, forfeitures, restitution or penalties described in subdivision (1) of this subsection for which an abstract of judgment has been recorded are paid in full, the clerk of the magistrate court shall notify the prosecuting attorney of the county of payment and provide the prosecuting attorney with a release of judgment, prepared in accordance with the provisions of section one, article twelve, chapter thirty-eight of this code, for filing and recordation pursuant to the provisions of this subdivision. Upon receipt from the clerk, the prosecuting attorney shall file the release of judgment in the office of the clerk of the county commission in each county where an abstract of the judgment was recorded. The clerks of the county commissions shall record and index the release of judgment without charge or fee to the prosecuting attorney.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 217--A Bill to amend and reenact §8-10-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-3-3a of said code; and to amend and reenact §50-3-2a of said code, all relating to resident and non-resident drivers' failure to pay costs, fines, forfeitures or penalties imposed upon conviction of a motor vehicle violation; and reducing the time period for nonresidents to pay costs, fines, forfeitures or penalties before the court sends notice to the Division of Motor Vehicles to suspend the nonresident offender's driver's privilege to drive in this state.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 217, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 217) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 234, Creating Maternal Mortality Review Team.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, section two, line two, by striking out the words "office of the Chief Medical Examiner" and inserting in lieu thereof the words "Office of Maternal Child and Family Health";
On page three, section two, line nine, by striking out the words "Chief Medical Examiner" and inserting in lieu thereof the words "Director of the Office of Maternal Child and Family Health";
On page three, section two, lines fourteen and fifteen, by striking out the words "Director of the Office of Maternal Child and Family Health Program" and inserting in lieu thereof the words "Chief Medical Examiner";
On page three, section two, line twenty-five, after the word "the" by inserting the words "West Virginia";
On page three, section two, line twenty-seven, after the word "the" by striking out the word "State" and inserting in lieu thereof the words "West Virginia";
On page four, section two, lines twenty-eight and twenty-nine, by striking out the words "State Osteopathic Association" and inserting in lieu thereof the words "West Virginia Society of Osteopathic Medicine";
On page four, section two, line thirty, by striking out the words "private practice physicians" and inserting in lieu thereof the words "West Virginia Academy of Family Physicians";
On page four, section two, line thirty-two, by striking out the word "State" and inserting in lieu thereof the word "American";
On page four, section two, line thirty-two, by striking out the word "Midwifery" and inserting in lieu thereof the word "Midwives";
On page six, section three, line one, after the word "The" by inserting the words "Bureau of Public Health in consultation with the";
On page six, section three, line two, after the word "of" by inserting the words "article three,";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 234--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-25A-1, §48-25A-2 and §48-25A-3, all relating to the creation of a Maternal Mortality Review Team; establishing its members and responsibilities; and giving the Bureau of Public Health rule-making authority for the team.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 234, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 234) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 236, Eliminating obsolete election language.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 237, Repealing county officers' annual report requirement of certain expenditures.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 238, Increasing monetary limit to file circuit court suit.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §50-4-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §51-2-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.

ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-8. Removal to circuit court.

At any time before trial in a civil action involving less than three hundred two thousand five hundred dollars the action may be removed to circuit court upon the concurrence of all parties and upon the payment of the circuit court filing fee. At any time before trial in a civil action involving three hundred two thousand five hundred dollars or more, any party may, upon payment of the circuit court filing fee, cause such action to be removed to the circuit court. All appropriate documents shall then be forwarded along with such fee to the clerk of the circuit court. The matter shall then be heard by the circuit court.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.

§51-2-2. Jurisdiction.
(a) The circuit court shall have supervision and control of all proceedings before magistrates, by mandamus, prohibition and certiorari. They shall except
(b) Except in cases confined exclusively by the constitution to some other tribunal, the circuit court shall have original and general jurisdiction of all matters at law where the amount in controversy, exclusive of excluding interest, exceeds three hundred two thousand five hundred dollars: Provided, That the jurisdictional limit on amounts in controversy does not apply to real estate installment sales contracts. of all cases of habeas corpus, mandamus, quo warranto and prohibition; of all cases in equity, including jurisdiction in equity to remove any cloud on the title to real property, or any part thereof, or any estate, right or interest therein, and to determine questions of title with respect thereto, without requiring allegations or proof of actual possession of the same; and of all crimes and misdemeanors.
(c) The circuit court shall have original and general jurisdiction in all of the following matters:
(1) Habeas corpus;
(2) Mandamus;
(3) Quo warranto;
(4) Prohibition;
(5) Crimes; and
(6) Misdemeanors.
(d) The circuit court shall have original and general jurisdiction in all cases in equity, including jurisdiction in equity to remove any cloud on the title to real property, or any part of a cloud, or any estate, right or interest in the real property, and to determine questions of title with respect to the real property without requiring allegations or proof of actual possession of the real property.
(e) The circuit court
They shall have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedeas may be allowed to the judgment or proceedings of any inferior tribunal.
(f) The circuit court They shall also have such shall also have any other jurisdiction, whether supervisory, original, appellate or concurrent, as is or may be prescribed by law.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 238--A Bill to amend and reenact §50-4-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-2-2 of said code, all relating to increasing the monetary jurisdictional requirement for circuit courts; increasing the monetary jurisdictional amount for removal of a civil suit from magistrate court to circuit court; increasing the monetary jurisdictional amount to file a civil suit in circuit court; and clarifying original and general jurisdiction of circuit courts.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 238, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 238) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 242, Allowing point deduction for certain licensees attending defensive driving class.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 263, Updating certain code provisions relating to Division of Corrections.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page five, section three, after line thirty-seven, by inserting the following:
Any person employed by the office of public institutions who on the effective date of this article is a classified civil service employee shall, within the limits contained in section two, article six, chapter twenty-nine of this code, remain in the civil service system as a covered employee.;
On page fourteen, section four, line four, by striking out the words "same qualifications," and inserting in lieu thereof the words "minimum qualification of a college degree with a major in criminal justice or a related field and the";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 263--A Bill to amend and reenact §25-1-3, §25-1-3b; §25-1-11a and §25-1-11c of the Code of West Virginia, 1931, as amended; and to amend and reenact §25-4-4, of the Code of West Virginia, 1931, as amended, all relating generally to the Division of Corrections; updating the statutory list of correctional facilities over which the commissioner has control; providing that the commissioner is authorized to contract with the McDowell County Commission to house and incarcerate inmates at the Stevens Correctional Center; removing the Commissioner's authority to serve on the Commission for Distribution of Surplus Food; providing that when a commissary in a division facility is operated by a vendor, the negotiated commission paid by the vendor is to be deposited into the facility's inmate benefit fund; clarifying that wardens and administrators of correctional facilities are subject to the direction of the commissioner; specifying that all employees of the Division of Corrections are responsible for enforcing rules and laws necessary for the control and management of correctional units; modifying duties of those employees designated as correctional peace officers; and providing that wardens of centers for housing young adult offenders have the same powers and duties as other wardens of correctional facilities.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 263, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Hall--1.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 263) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 271, Establishing grievance procedure for State Police.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 286, Providing adult and child protective services workers personal immunity from civil liability.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page five, section two, line fifty-eight, after the word "liability" by inserting the words "arising from the operation of a motor vehicle or";
And,
On page twelve, section nine, line one hundred twenty-one, after word "liability" by inserting the words "arising from the operation of a motor vehicle or".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 286, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 286) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 286) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 305, Clarifying procedures for seizing neglected or abused animals.
A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 311, Allowing judges to order jurors from other counties in certain situations.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the title of the bill was reported by the Clerk:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 311--A Bill to amend and reenact §52-1-14 of the Code of West Virginia, 1931, as amended, relating to authorizing judges to order jurors be drawn from another county or counties in certain cases; providing contents of court orders directing the summoning of jurors; and providing that the county for which the jurors served shall compensate the jurors.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 311, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 311) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 325, Relating to state employee deferred compensation plan.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On pages two and three, section ten-a, lines fifteen and sixteen, by striking out the words "for twelve monthly pay periods or twenty-four semimonthly pay periods" and inserting in lieu thereof the words "every pay period";
On page three, section ten-a, lines twenty-three through twenty-five, by striking out the words "for twelve monthly pay periods or twenty-four semimonthly pay periods";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 325--A Bill to amend and reenact §5-10B-10a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-10B-12a, all relating to the deferred compensation plan for state employees; and providing the Treasurer with information needed to operate the state deferred compensation plan.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 325, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 325) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 337, Eliminating obsolete language concerning Supreme Court clerk.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2008, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 477, Increasing conservation officers' salaries and length of service.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page eight, section one-c, line eleven, after the word "Corporal" by inserting "(10+ years)";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 477--A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to compensation of conservation officers; providing an increase in length of service and base salaries for conservation officers; providing a hiring bonus for conservation officers; amending ranks of conservation officers; and eliminating provisions relating to certain other compensation.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 477, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 477) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 477) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 501, Transferring Stream Partners Fund from Division of Natural Resources to Department of Environmental Protection.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §20-13-3, §20-13-4, §20-13-5 and §20-13-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 13. WEST VIRGINIA STREAM PARTNERS PROGRAM.
§20-13-3. West Virginia Stream Partners Program created; executive committee identified; program coordination.

There is hereby created The West Virginia stream partners program and within the division of natural resources there is hereby created the West Virginia stream partners program fund. Subject to annual appropriation of the Legislature into the West Virginia Stream Partners Program Fund, the program shall be jointly administered by the Division of Natural Resources, the division Department of Environmental Protection, the Division of Forestry and the West Virginia State Soil Conservation Agency. The director, secretary or commissioner of each of these administering agencies, or his or her designee, shall collectively constitute an executive committee to oversee the program. The Governor shall designate a member of the executive committee to serve as chair. The committee may designate a staff member from the existing staff of one of the administering agencies to coordinate the program on behalf of the executive committee. Pursuant to the provisions of article ten, chapter four of this code, the stream partners program and stream partners program fund shall continue to exist until the first day of July, two thousand six, unless sooner terminated, continued or reestablished by act of the Legislature..
§20-13-4. Stream partners program.
Money from the general revenue may be annually appropriated into the West Virginia stream partners program fund. The West Virginia stream partners program fund shall be used solely to provide grants to groups comprised of representatives located in the immediate area of the stream or streams being addressed that are dedicated to achieving the purpose stated in section two of this article. The grants shall be awarded by consensus of the executive committee in accordance with legislative rules promulgated by the division of environmental protection pursuant to article three, chapter twenty-nine-a of this code. Each grant shall be matched by the group of representatives with cash or in- kind services in, at least, an amount equal to twenty percent of the grant: Provided, That no grant shall exceed the amount of five thousand dollars.
§20-13-5. Grant qualifications.
In order to qualify for grants from the West Virginia stream partners program fund, a group of representatives located in the immediate area of a stream or streams which qualify under section two of this article shall apply to the executive committee in accordance with the following requirements and in accordance with any other provision of this article or any applicable rule. The application shall:
(a) Identify the stream or streams to be restored, protected, utilized or enhanced;
(b) Identify the representatives of groups applying for funds and the financially responsible entity to receive funds, all from the geographic area immediately surrounding the stream or streams. These identified individuals shall represent the general public, industry, environmental groups, sportsmen, forestry, agriculture, local government, tourism, recreation and affected landowners, all located in the geographic area immediately surrounding the stream or streams;
(c) Demonstrate an ability to achieve within the grant year a specific improvement project that enhances the identified stream or streams; and
(d) Evidence a commitment to educate the citizens in the area of the identified stream or streams about the benefits of restoring, protecting and enhancing the stream or streams in a responsible manner.
§20-13-6. Administering agency support.
The administering agencies may provide staff and other resources as necessary to address the technical assistance and administrative needs of the West Virginia stream partners program and West Virginia stream partners program fund. This support may include the utilization of resources and formulation of policies to achieve the purpose set forth in section two of this article.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 501--A Bill to amend and reenact §20-13-3, §20-13-4, §20-13-5 and §20-13-6 of the Code of West Virginia, 1931, as amended, relating to the Stream Partners Program; and eliminating provisions relating to the Stream Partners Program Fund.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 501, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 501) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 552, Relating to prepaid wireless calling taxes, fees and charges.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 571, Relating to certain firefighters' workers' compensation benefits.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following language:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-1. To whom compensation fund disbursed; occupational pneumoconiosis and other occupational diseases included in "injury" and "personal injury"; definition of occupational pneumoconiosis and other occupational diseases; rebuttable presumption for cardiovascular injury and disease or pulmonary disease for firefighters.

(a) Subject to the provisions and limitations elsewhere in this chapter, the commission workers' compensation benefits shall disburse be paid the Workers' Compensation Fund, to the employees of employers subject to this chapter who have received personal injuries in the course of and resulting from their covered employment or to the dependents, if any, of the employees in case death has ensued, according to the provisions hereinafter made; and also for the expenses of the administration of this chapter, as provided in section two, article one of this chapter: Provided, That in the case of any employees of the state and its political subdivisions, including: Counties; municipalities; cities; towns; 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 agency or organization established by the department of mental health for the provision of community health or mental retardation services and which is supported, in whole or in part, by state, county or municipal funds; board, agency, commission, department or spending unit, including any agency created by rule of the Supreme Court of Appeals, who have received personal injuries in the course of and resulting from their covered employment, the employees are ineligible to receive compensation while the employees are at the same time and for the same reason drawing sick leave benefits. The state employees may only use sick leave for nonjob-related absences consistent with sick leave use and may draw workers' compensation benefits only where there is a job-related injury. This proviso shall not apply to permanent benefits: Provided, however, That the employees may collect sick leave benefits until receiving temporary total disability benefits. The division of personnel shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code relating to use of sick leave benefits by employees receiving personal injuries in the course of and resulting from covered employment: Provided further, That in the event an employee is injured in the course of and resulting from covered employment and the injury results in lost time from work and the employee for whatever reason uses or obtains sick leave benefits and subsequently receives temporary total disability benefits for the same time period, the employee may be restored sick leave time taken by him or her as a result of the compensable injury by paying to his or her employer the temporary total disability benefits received or an amount equal to the temporary total disability benefits received. The employee shall be restored sick leave time on a day-for-day basis which corresponds to temporary total disability benefits paid to the employer: And provided further, That since the intent of this subsection is to prevent an employee of the state or any of its political subdivisions from collecting both temporary total disability benefits and sick leave benefits for the same time period, nothing in this subsection prevents an employee of the state or any of its political subdivisions from electing to receive either sick leave benefits or temporary total disability benefits but not both.
(b) For the purposes of this chapter, the terms "injury" and "personal injury" includes occupational pneumoconiosis and any other occupational disease, as hereinafter defined, and the commission shall also disburse the workers' compensation fund workers' compensation benefits shall be paid to the employees of the employers in whose employment the employees have been exposed to the hazards of occupational pneumoconiosis or other occupational disease and in this state have contracted occupational pneumoconiosis or other occupational disease, or have suffered a perceptible aggravation of an existing pneumoconiosis or other occupational disease, or to the dependents, if any, of the employees, in case death has ensued, according to the provisions hereinafter made: Provided, That compensation shall not be payable for the disease of occupational pneumoconiosis, or death resulting from the disease, unless the employee has been exposed to the hazards of occupational pneumoconiosis in the state of West Virginia over a continuous period of not less than two years during the ten years immediately preceding the date of his or her last exposure to such hazards, or for any five of the fifteen years immediately preceding the date of his or her last exposure. An application for benefits on account of occupational pneumoconiosis shall set forth the name of the employer or employers and the time worked for each. The commission may allocate to and divide any charges resulting from such claim among the employers by whom the claimant was employed for as much as sixty days during the period of three years immediately preceding the date of last exposure to the hazards of occupational pneumoconiosis. The allocation shall be based upon the time and degree of exposure with each employer.
(c) For the purposes of this chapter, disability or death resulting from occupational pneumoconiosis, as defined in subsection (d) of this section, shall be treated and compensated as an injury by accident.
(d) Occupational pneumoconiosis is a disease of the lungs caused by the inhalation of minute particles of dust over a period of time due to causes and conditions arising out of and in the course of the employment. The term "occupational pneumoconiosis" includes, but is not limited to, such diseases as silicosis, anthracosilicosis, coal worker's pneumoconiosis, commonly known as black lung or miner's asthma, silico-tuberculosis (silicosis accompanied by active tuberculosis of the lungs), coal worker's pneumoconiosis accompanied by active tuberculosis of the lungs, asbestosis, siderosis, anthrax and any and all other dust diseases of the lungs and conditions and diseases caused by occupational pneumoconiosis which are not specifically designated in this section meeting the definition of occupational pneumoconiosis set forth in this subsection.
(e) In determining the presence of occupational pneumoconiosis, X-ray evidence may be considered but shall not be accorded greater weight than any other type of evidence demonstrating occupational pneumoconiosis.
(f) For the purposes of this chapter, occupational disease means a disease incurred in the course of and resulting from employment. No ordinary disease of life to which the general public is exposed outside of the employment is compensable except when it follows as an incident of occupational disease as defined in this chapter. Except in the case of occupational pneumoconiosis, a disease shall be considered to have been incurred in the course of or to have resulted from the employment only if it is apparent to the rational mind, upon consideration of all the circumstances: (1) That there is a direct causal connection between the conditions under which work is performed and the occupational disease; (2) that it can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment; (3) that it can be fairly traced to the employment as the proximate cause; (4) that it does not come from a hazard to which workmen would have been equally exposed outside of the employment; (5) that it is incidental to the character of the business and not independent of the relation of employer and employee; and (6) that it appears to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction: Provided, That compensation shall not be payable for an occupational disease or death resulting from the disease unless the employee has been exposed to the hazards of the disease in the state of West Virginia over a continuous period that is determined to be sufficient, by rule of the board of managers, for the disease to have occurred in the course of and resulting from the employee's employment. An application for benefits on account of an occupational disease shall set forth the name of the employer or employers and the time worked for each. The commission may allocate to and divide any charges resulting from such claim among the employers by whom the claimant was employed. The allocation shall be based upon the time and degree of exposure with each employer.
(g) No award shall be made under the provisions of this chapter for any occupational disease contracted prior to the first day of July, one thousand nine hundred forty-nine. An employee shall be considered to have contracted an occupational disease within the meaning of this subsection if the disease or condition has developed to such an extent that it can be diagnosed as an occupational disease.
(h) For purposes of this chapter a rebuttable presumption that a professional or volunteer firefighter who has developed a cardiovascular or pulmonary disease or sustained a cardiovascular injury has received an injury or contracted a disease arising out of and in the course of his or her employment exists if: (i) The person has been actively employed by a fire department as a professional firefighter or as a volunteer firefighter for a minimum of two years prior to the cardiovascular injury or onset of a cardiovascular or pulmonary disease or death; and (ii) the injury or onset of the disease or death occurred within six months of having participated in firefighting or a training or drill exercise which actually involved firefighting. When the above conditions are met, it shall be presumed that sufficient notice of the injury, disease or death has been given and that the injury, disease or death was not self inflicted.
(h) (i) Claims for occupational disease as defined in subsection (f) of this section, except occupational pneumoconiosis for all workers and pulmonary disease and cardiovascular injury and disease for professional and volunteer firefighters, shall be processed in like manner as claims for all other personal injuries.
(i) (j) On or before the first day of January, two thousand four, the Workers' Compensation Commission shall adopt standards for the evaluation of claimants and the determination of a claimant's degree of whole-body medical impairment in claims of carpal tunnel syndrome.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 571--A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to creating a rebuttable presumption that cardiovascular injury, disease or death or pulmonary disease or death of a professional or volunteer firefighter is an occupational injury if certain criteria are met; providing that sufficient notice of occupational injury, disease or death has been provided under such circumstances; and establishing presumption that death or injury was not self inflicted.
On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for S. B. No. 571) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 634, Creating Military Authority Act.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1I. THE WEST VIRGINIA MILITARY AUTHORITY ACT.
§15-1J-1. Short title.
This article shall be known and may be cited as the "West Virginia Military Authority Act."
§15-1J-2. Legislative findings.
The Legislature finds that the West Virginia National Guard is a unique entity that has a dual mission for both West Virginia and the United States. In this dual capacity, the West Virginia National Guard receives funds to administer programs, including the hiring of employees, that the federal government, including the Department of Defense, provides to the Guard in support of specific activities for various federal agencies for national security and homeland security purposes. These programs fulfill specific agency purposes and necessarily require continued funding by the federal government.
Additionally, the Guard continues to receive federal funding to develop and maintain capabilities to house, refurbish, rebuild and maintain military equipment and conduct other test and operational activities to support national and homeland security objectives. These activities require the Guard to hire persons who will be compensated, in whole or in part, with federal funds. It is further determined and declared that it is necessary for the Guard to develop and implement a procedure for hiring and management of nonmilitary employees to support its specific missions.
§15-1J-3. Definitions.
As used in this article, unless the content clearly indicates otherwise:
(a) "Authority" means the West Virginia Military Authority.
(b) "BRIM" means the West Virginia Board of Risk Management.
(c) "Guard" means West Virginia National Guard, including its Army and Air components.
(d) "Employee" means any person who, within the at-will employment relationship, is hired, performs duties and is paid a wage or salary which cost is, in whole or in part, reimbursed by the federal government pursuant to a contract or memorandum of understanding between the federal government and the Guard.
(e) "PEIA" means Public Employee's Insurance Act.
(f) "PERS" means Public Employee's Retirement System. §15-1J-4. Establishment and general powers of the authority.
(a) The West Virginia Military Authority is hereby established to administer national security, homeland security and other military related programs that provide for the reimbursement, in whole or in part, of employee wages or salaries pursuant to a contract or memorandum of understanding between the federal government and the Guard. The authority to administer programs granted in this subsection shall terminate when federal funds are no longer available to provide reimbursement of salaries or wages.
(b) The authority will be administered by the Adjutant General and the Adjutant General's department.
(c) Funds provided by the federal government and any state funds authorized by appropriation of the Legislature used as a required match to secure federal funding for programs administered by the authority pursuant to this section shall be administered by the Adjutant General subject to the provisions of article eleven, chapter four of this code.
(d) Except as otherwise prohibited by statute, the authority, as a governmental instrumentality exercising public powers of the state, shall have and may exercise all powers necessary or appropriate to carry out the purpose of this article, including the authority to:
(1) Execute cooperative agreements between the Guard and the federal and/or state governments;
(2) Contract on behalf of the Guard with the federal government, its instrumentalities and agencies, the state, its agencies and instrumentalities, municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals;
(3) Use funds administered by the Authority pursuant to subsection (c) of this section for the maintenance, construction or reconstruction of capital repair and replacement items as necessary and approved by the authority;
(4) Procure insurance with state funds through BRIM covering property and other assets of the authority in amounts and from insurers that BRIM determines necessary;
(5) Hire employees at an appropriate salary equivalent to a competitive wage rate;
(6) Enroll employees in PERS, PEIA, and workers' compensation and unemployment programs, or their equivalents: Provided, That the authority, through the receipt of federal and/or state funds, pays the required employer contributions;
(7) Cooperate with economic development agencies in efforts to promote the expansion of industrial, commercial and manufacturing in the state;
(8) Develop a human resources division that will administer and manage its employees and receive state matching funds as necessary to insure maximum federal funds are secured;
(9) Due to the at-will employment relationship with the authority, its employees may not avail themselves of the state grievance procedure as set forth in article six-a, chapter twenty-nine of this code; and
(10) Have the ability to secure all other bonding, insurance or other liability protections necessary for its employees to fulfill their duties and responsibilities.
§15-1J-5. Employees.
(a) The authority shall have the power to hire, administer and manage employees necessary to fulfill its responsibilities.
(1) All employees will be exempt from both the classified services category and the classified exempt services category as set forth in section four, article six, chapter twenty-nine of this code.
(2) Employee positions are contingent on the receipt of the necessary federal and/or state funds.
(3) Each employee hired shall be deemed an at-will employee who may be discharged or released from his or her respective position without cause or reason.
(4) Employees will participate in the PEIA, PERS, and workers' compensation and unemployment compensation programs, or their equivalents. Public safety related positions will continue to require dual status membership as outlined in section twenty-six, article one-b, chapter fifteen of this code.
(b) The Adjutant General will set appropriate salary rates for employees equivalent to a competitive wage rate necessary to support a specific mission.
(c) Security guards and military firefighters hired by the authority under the provisions of this article, will continue to have the same authority and must meet the requirements as set forth in section twenty-two, article one-b, chapter fifteen and section twenty-six, article one-b, chapter fifteen, respectively, of this
code.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 634--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-1J-1, §15-1J-2, §15-1J-3, §15-1J-4 and §15-1J-5, all relating to the West Virginia Military Authority Act; authorizing the Authority to administer programs and receive funds; and giving the Authority certain powers and duties.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 634, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 634) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 634) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 19, Requesting Division of Highways name bridge in Parkersburg, Wood County, "Blennerhassett Island Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 4328, Excluding the service of a poll worker from being considered a prohibited political activity.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 4496, Providing opportunities for members of the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS").
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Boggs, Kominar, Campbell, Spencer and Anderson.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4500, Providing qualified entities access to the West Virginia Central Abuse Registry.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 3--Requesting the Joint Committee on Government and Finance to study current trends in juvenile crime and the impact of "boot camp" and "scared straight" disciplinary programs in reducing juvenile crime.
Whereas, Juvenile crime remains a serious and ever- increasingly costly blight on the State that annually takes a heavy toll in terms of property loss, state resources, physical harm to innocent victims and loss of human life; and
Whereas, Traditional approaches to the problem of juvenile crime and delinquency have proved ineffective and inefficient in terms of cost and effort expended; and
Whereas, The number of juveniles being incarcerated in this State has increased substantially during the past decade while the cost of incarceration has dramatically increased as well; and
Whereas, Innovative approaches need to be devised and implemented to address the ever-increasing and problematic specter of juvenile crime and juvenile delinquency; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current trends in juvenile crime and the impact of "boot camp" and "scared straight" disciplinary programs in reducing juvenile crime; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on the Judiciary; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 15--Requesting the Joint Committee on Government and Finance to study the state of the delivery of health care in West Virginia to address: (1) Access to care; (2) insurance coverage; and (3) a single payor plan.
Whereas, There is a crucial need for access to health care in this state, which is currently not being met by the state and federal government, health care providers and insurance programs; and
Whereas, The coordination of a single payor, state operated insurance system for health care for every person may be achievable with the coordination of services through the fifty-five county health departments, providing insurance coverage through the PEIA to volunteer health care providers working out of the county health departments and consolidation of funding sources and economies of scale in providing health care services; and
Whereas, The health care crisis in West Virginia and the United States continues as more and more people lose their health care insurance and rely on the provision of health care in emergency rooms which results in high costs of professional liability insurance for physicians, impeding access of other patients to care by emergency physicians and other specialists such as surgeons, obstetricians, and neurosurgeons and results in attrition and an inability to recruit new physicians to West Virginia; which is compounded by federal law that requires emergency departments to care for everyone but does not provide for payment of these mandated services; and
Whereas, It is feasible that the needs of communities could be met by devising a plan were people could perform a variety of community services in exchange for extra health care benefits provided under a single payor plan; and
Whereas, A single payor plan would include all children for benefits up to the age of sixteen years of age, at which time they could then volunteer for community service to continue extra health care coverage under the single payor plan; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state of the delivery of health care in West Virginia to address: (1) Access to health care; (2) insurance coverage; (3) a single payor plan; and (4) inclusion in said single payor plan through participation in community service; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 38--Requesting the Joint Committee on Government and Finance study historical tourism in West Virginia and the allocation of funds for historical preservation.
Whereas, West Virginia has increased tourism and tourism spending over the past six years; and
Whereas, West Virginia is centrally located to the population centers in the Eastern United States and is home to many historically significant locations; and
Whereas, West Virginia can capitalize upon such locations by increasing awareness in historical tourism; and
Whereas, West Virginia is losing many of her historically significant locations due to neglect and deterioration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study historical tourism in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance study include historical sites for tourism advertising grants and any new grant programs to promote, preserve and protect the historical sites of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Economic Development; and then to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4018, Renewing the West Virginia Small Business Linked Deposit Program.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 3, 2008;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4032, Relating to payment of wages through a direct deposit system.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4032) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4094, Relating to reimbursement of compensation paid to certain state employees for job-related training, education or professional development.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 3, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4121, Authorizing the participation of local governments in a purchasing card program to be administered by the Auditor.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4121) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4290, Relating to electronic commerce.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4290) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. Com. Sub. for House Bill No. 4637, Relating to the deployment of broadband to the remaining unserved areas of the state.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Finance.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4637) was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Wells and McCabe offered the following resolution:
Senate Concurrent Resolution No. 83--Requesting the Division of Highways name bridge number 20-119-13.97 (3232) crossing Jefferson Road in Kanawha County the "Captain Benjamin D. Tiffner Memorial Bridge".
Whereas, Benjamin D. Tiffner graduated from the United States Military Academy as an infantry officer in 2000; and
Whereas, In 2006, Benjamin D. Tiffner earned the coveted "Green Beret"; and
Whereas, Benjamin D. Tiffner was deployed to Iraq for his second tour of duty in support of Operation Iraqi Freedom as a member of the Combined Joint Special Operations Task Force-Arabian Peninsula; and
Whereas, On November 7, 2007, Benjamin D. Tiffner was killed in action when his vehicle encountered an IED in the course of conducting a ground convoy in Baghdad, Iraq; and
Whereas, It is fitting to honor Captain Benjamin D. Tiffner for making the ultimate sacrifice for his country and name bridge number 20-119-13.97 (3232) crossing Jefferson Road in Kanawha County the "Captain Benjamin D. Tiffner Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 20-119-13.97 (3232) crossing Jefferson Road in Kanawha County the "Captain Benjamin D. Tiffner 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 "Captain Benjamin D. Tiffner 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 to the family of Benjamin D. Tiffner
At the request of Senator Wells, unanimous consent being granted, the resolution was taken up for immediate consideration.
Referred to the Committee on Transportation and Infrastructure.
Senators Foster and McCabe offered the following resolution:
Senate Concurrent Resolution No. 84--Requesting the Division of Highways name bridge number 20-73/3-0.03 crossing Main Campbells Creek on Route 73/3 in Kanawha County the "Master Sergeant William L. 'Buster' Hackney Memorial Bridge".
Whereas, William L. Hackney was born December 13, 1927; and
Whereas, William L. Hackney enlisted in the United States Navy at an early age and then cross-trained and entered the United States Army; and
Whereas, William L. Hackney served his country in the Korean War; and
Whereas, William L. Hackney was listed as missing in action as of September 1, 1950; and
Whereas, It is fitting to honor William L. Hackney for his service to his country by naming bridge number 20-73/3-0.03 crossing Main Campbells Creek on Route 73/3 in Kanawha County the "Master Sergeant William L. 'Buster' Hackney Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 20-73/3-0.03 crossing Main Campbells Creek on Route 73/3 in Kanawha County the "Master Sergeant William L. 'Buster' Hackney 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 "Master Sergeant William L. 'Buster' Hackney 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 to the family of William L. Hackney.
At the request of Senator Foster, unanimous consent being granted, the resolution was taken up for immediate consideration.
Referred to the Committee on Transportation and Infrastructure.
Senators Prezioso, Kessler and McCabe offered the following resolution:
Senate Concurrent Resolution No. 85--Requesting the Joint Committee on Government and Finance study small groups with one employee to determine cost and requirements for insurance coverage.
Whereas, The self-employed and employers with one employee are having trouble obtaining health insurance at affordable prices; and
Whereas, The self-employed and employers with one employee are not eligible to obtain coverage through the Affordable Group Insurance Act, West Virginia Code §33-16F-1, et. seq.; and
Whereas, Federal and state regulations make it difficult for the self-employed and employers with one employee to obtain coverage under group plans; and
Whereas, The Legislature recognizes the fragile nature of the small business market and does not want to take any action that would adversely affect the small employee groups; and
Whereas, The Affordable Group Insurance Act currently provides health insurance coverage at a reduced rate for small employees that do not have coverage; and
Whereas, The small business health plan currently is available only to employers with between two and fifty employees; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study small groups with one employee to determine cost and requirements for insurance coverage the requirements regarding small groups; and, be it
Further Resolved, That the Joint Committee on Government and Finance should review the Affordable Group Insurance Act and consult with the current administrator to determine the costs of amending the plan to allow a sole proprietor or employer with one employee to participate in the plan; and, be it
Further Resolved, That the Joint Committee on Government and Finance should consider implementing a pilot program in the Affordable Group Insurance Act to determine the impact on the market from adding the self-employed and employers with one employee and the impact on costs; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 86--Requesting the Joint Committee on Government and Finance study consent to health care of minors by caregivers in the State of West Virginia.
Whereas, Minor children oftentimes reside with a caregiver who is related by blood, marriage or adoption, but who is not the legal custodian or guardian of the minor; and
Whereas, Minor children may require medically necessary health care and treatment at times when their legal custodian or guardian is not available or present; and
Whereas, At such times when a legal custodian or guardian of a minor child is not available, and a caregiver is available to give consent on behalf of a minor to primary and preventive medical and dental care and diagnostic testing, and other medically necessary health care and treatment; and
Whereas, A legal custodian or guardian may provide a notarized affidavit of caregiver consent for a minor's health care without giving the caregiver legal custody of the minor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study consent to health care of minors by caregivers in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Jenkins offered the following resolution:
Senate Concurrent Resolution No. 87--Requesting the Legislative Oversight Commission on Health and Human Resources Accountability study allowing access to the State Board of Pharmacy controlled substance database by entities not currently granted access.

Whereas, The information required to be kept by the State Board of Pharmacy is confidential and is open to inspection only by the following persons:
(1) Inspectors and agents of the State Board of Pharmacy;
(2) Members of the West Virginia State Police expressly authorized by the Superintendent of the West Virginia State Police to have access to the information;
(3) Authorized agents of local law-enforcement agencies as a member of a drug task force;
(4) Authorized agents of the Federal Drug Enforcement Administration;
(5) Duly authorized agents of the Bureau for Medical Services;
(6) The Workers' Compensation Commission;
(7) Duly authorized agents of licensing boards of practitioners in this state and other states authorized to prescribe Schedules II, III and IV controlled substances;
(8) Prescribing practitioners and pharmacists; and
(9) Persons with an enforceable court order or regulatory agency administrative subpoena; and
Whereas, Any information released by the State Board of Pharmacy from the controlled substance database must be related to a specific patient or an individual or entity on parole or under investigation or court-ordered supervision by the party requesting the information, except that practitioners who prescribe controlled substances may request specific data related to their Drug Enforcement Administration controlled substance registration number or for the purpose of providing treatment to a patient; and
Whereas, The information maintained by the State Board of Pharmacy may prove valuable to entities who currently do not have specific and direct access to the data in the performance of their job functions, specifically law enforcement individuals who are involved in investigating drug offenses or offenders; and
Whereas, Reaching a balance between access to the data for valid law enforcement purposes while remaining mindful of the privacy expectations of those individuals whose data is maintained on the database is essential; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Health and Human Resources Accountability is hereby requested to study allowing access to the State Board of Pharmacy controlled substance database by entities not currently granted access; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators McCabe, Unger, Kessler and Oliverio offered the following resolution:
Senate Resolution No. 34--Congratulating Dr. Jo Blackwood on being selected West Virginia's Mother of the Year, 2008, by American Mothers, Inc.
Whereas, Dr. Jo Blackwood is a professor at the University of Charleston; and
Whereas, Dr. Jo Blackwood served as a teacher in Kanawha County, and was previously named "Kanawha County Teacher of the Year"; and
Whereas, As a mother, Dr. Jo Blackwood has evoked the same motto for motherhood as she has proclaimed in pursuit of education, excellence, enthusiasm and encouragement; and
Whereas, As her children advanced through life's pursuit of milestones, Dr. Jo Blackwood was always there to encourage; and
Whereas, Dr. Jo Blackwood describes that the best part of being a mother is that it allowed her to become a grandmother, and that she is integrally involved in the next generation; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Dr. Jo Blackwood on being selected West Virginia's Mother of the Year, 2008, by American Mothers, Inc.; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr. Jo Blackwood.
At the request of Senator McCabe, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
At the request of Senator Chafin, unanimous consent being granted, Senator Chafin offered the following resolution from the floor:
Senate Concurrent Resolution No. 88--Requesting the Division of Highways name bridge number 10525 on Route 65/5 in Delbarton, Mingo County, the "Thomas Elbert Muncy, Jr., Memorial Bridge".
Whereas, Thomas Elbert Muncy, Jr., was a life-long resident of the Puritan Mines community where he worked as a miner for 34 years; and
Whereas, Thomas Elbert Muncy, Jr., was one of the first people to push for a vital water project in Puritan Mines which greatly improved the quality of life for all those living in the Puritan Mines community; and
Whereas, Thomas Elbert Muncy, Jr., was a very community-minded individual who diligently worked on projects in his neighborhood; and
Whereas, As a member of the Delbarton Church of God, Thomas Elbert Muncy, Jr., was always looking to help his fellow man, especially during the holiday season, and always made sure that the families in his community were able to eat a delicious holiday dinner; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 10525 on Route 65/5 in Delbarton, Mingo County, the "Thomas Elbert Muncy, Jr., 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 "Thomas Elbert Muncy, Jr., 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 the Mayor and City Council of Delbarton.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration.
Referred to the Committee on Transportation and Infrastructure.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Hunter, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Concurrent Resolution No. 89 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance study the economic impact of the coal industry and its impact on the environment, community and residents of West Virginia.
Whereas, There is a need for an ongoing study of the future of the coal industry in West Virginia and its projected impact on the overall future of the State of West Virginia, with particular emphasis on the overall economic impact in terms of the state's revenue in relation to the effects of the coal industry upon the environment, communities and residents of the coalfields; and
Whereas, The West Virginia Legislature tirelessly seeks to improve the quality of life for the citizens of the mountain state; and
Whereas, Coal mining has been, and continues to be, one of the primary industries responsible for the economic success of West Virginia and its citizens; and
Whereas, Coal mining, including the practice of mountaintop mining, currently accounts for the payment of millions of dollars in severance taxes, millions of dollars in income taxes and millions of dollars in other related taxes paid to the State of West Virginia; and
Whereas, Despite the revenues generated as a result of the industry, of paramount concern is the health and well-being of our residents and the beauty of the State of West Virginia; and
Whereas, A study to determine the long-term and ongoing effects of the coal mining industry since the Bragg decision was handed down is necessary; and
Whereas, On October 20, 1999, a decision was issued from the United States District Court for the Southern District of West Virginia in the case of Bragg, et al. v. Robertson, et al., concerning stream "buffer zones" and "valley fills"; and
Whereas, Following the Bragg case, additional controls and oversight on the mine permitting process were instituted in the state, including that an environmental impact statement be drafted relating to the ecological effects of the placement of valley fills in streams incident to the surface mining process; and
Whereas, Currently, the West Virginia Department of Environmental Protection is conducting a coal slurry injection study, due to be completed and reported to the Joint Committee on Government and Finance in April or May 2008, to examine whether or not there are health risks 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 economic impact of the coal industry and its impact on the environment, community and residents of West Virginia; and, be it
Further Resolved, That the study should include the overall environmental impact and the economic impact of the coal industry and incorporate the results of the previously authorized Coal Slurry Injection Study; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby permitted to establish an independent task force to examine these issues and report its findings to the Joint Committee on Government and Finance; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
Senate Concurrent Resolution No. 90 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance study the effects of the severance tax as it applies to the natural gas and oil industry.
Whereas, The Legislature strives to simplify and clarify the tax laws as they apply to various industries; and
Whereas, The Legislature specifically desires to simplify and make uniform the taxation and clarify the regulation and treatment of the production, marketing and delivery of natural gas and oil; and
Whereas, The current severance tax scheme, as it applies to the oil and gas industry, is a multiform miasma that belies the intent of the Legislature with regard to taxation of minerals. The existing tax scheme is complicated, outdated, includes exemptions that are not uniformly applied and is difficult to monitor for compliance or enforcement. As a result, there are reported to be numerous violators who are not paying the severance tax or who are paying less than required under current law; and
Whereas, Legislation has been introduced proposing that: (1) all current exemptions and exclusions from severance taxes for the privilege of severing natural gas or oil be abrogated, including the existing exemption for low-volume producers (less than one-half barrels of oil per day or less than 5000 cubic feet of natural gas per day); and (2) reducing the existing severance tax rate from five percent to four and one-half percent on all oil and gas produced; and
Whereas, Certain other issues included in the proposed legislation, but not acted upon, need further study, such as: the access by landowners to gas produced within their land; the value of and compensation for the land and timber utilized by the oil and gas producers; bond requirements; reclamation procedures and payment for damages, if any; and
Whereas, There is concern that the low-volume producers will suffer the brunt of the financial impact and will, in many cases, be unable to continue to operate at a profit; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effects of the severance tax as it applies to the natural gas and oil industry; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study oil and gas wells.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
Senate Concurrent Resolution No. 71, Requesting Division of Highways name bridge in Grafton, Taylor County, "Floyd 'Scotty' Hamilton: First WVU All American Basketball Player Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 72, Requesting Division of Highways name bridge in Grafton, Taylor County, "Clair Bee: Basketball Coach and Author Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 76, Requesting Division of Highways place sign at Fayetteville, Fayette County, "Coolest Small Town".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senator Love regarding the adoption of Senate Concurrent Resolution No. 76 were ordered printed in the Appendix to the Journal.
Senate Concurrent Resolution No. 77, Urging Congress declare December 7th a national holiday.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 78, Requesting Joint Committee on Government and Finance study impact of Chesapeake Bay restoration.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources; and then to the Committee on Rules.
Senate Concurrent Resolution No. 79, Requiring Department of Education Superintendent present education improvement plan.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education.
Senate Concurrent Resolution No. 80, Requiring Department of Health and Human Resources Secretary present service delivery systems improvement plan.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources.
Senate Concurrent Resolution No. 81, Requesting Senate and House Finance committees study private providers' reimbursement rate structures and rate adjustment processes.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
Senate Concurrent Resolution No. 82, Amending Joint Rule No. 5, relating to bill processing.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
House Concurrent Resolution No. 12, Designating Megalonyx Jeffersonnii as the official state fossil.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and did not prevail.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 17, Requesting the Joint Committee on Government and Finance to study the recruitment, retention and value of volunteer firefighters in the State of West Virginia.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 29, Designating an adaptation of "West Virginia Shawl" as the Official Tartan of the State of West Virginia.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 52, Requesting that the Joint Committee on Government and Finance authorize the study of the creation of a new retirement system for correctional officers.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 594, Establishing Bill of Rights and Responsibilities for Students and School Personnel.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Education.
Eng. Com. Sub. for House Bill No. 4079, Relating to Professional Employer Organizations.
On third reading, coming up in regular order, with the right having been granted on yesterday, Wednesday, March 5, 2008, for amendments to be received on third reading, was reported by the Clerk.
There being no amendments offered,
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4079) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4079) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4082, Relating to the Public Employees Retirement System.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4082) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4120, Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4120) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4304, Revised Anatomical Gift Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4304) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4344, Relating to the criminal offense of cruelty to animals.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4344) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4464, Adding more exemptions to the requirement that a foreign corporation obtain a certificate of authority before conducting affairs in the state.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4464) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4494, Relating to the regulation of the practice of accountancy.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4494) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4512, Providing classifications of licensees to be licensed by the State Fire Marshal to engage in fire protection work.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4512) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4512) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4570, Authorizing regional jail employees to carry a firearm after receiving appropriate certification.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4570) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4570) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4613, Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4613) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4613) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.

Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 150, Budget bill.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 150 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Barnes and Unger--2.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 150) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Barnes and Unger--2.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 150) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 3201, Authorizing the tax commissioner to refuse, revoke, suspend or refuse to renew a business registration certificate for a business that is the alter ego, nominee or instrumentality of a business in certain situations.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3215, Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §18B-1-7 of the Code of West Virginia, 1931, as amended, be repealed; that §18B-1A-7 of said code be repealed; that §18B-1B- 11 of said code be repealed; that §18B-2B-6a of said code be repealed; that §18B-6-1 of said code be repealed; that §18B-14-8 of said code be repealed; that §18B-1-2 and §18B-1-8 of said code be amended and reenacted; that §18B-1B-6 of said code be amended and reenacted; that §18B-1C-2 of said code be amended and reenacted; that §18B-2A-1, §18B-2A-2 and §18B-2A-4 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18B-2A-7a; that §18B-2B-6 of said code be amended and reenacted; that §18B-2C-1 and §18B-2C-3 of said code be amended and reenacted; that §18B-3-3 of said code be amended and reenacted; that §18B-3C-5, §18B-3C-8, §18B-3C-12, §18B-3C-13 and §18B-3C-14 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18B-3C-15; and that §18B-8-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.

The following words when used in this chapter and chapter eighteen-c of this code have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) Effective the first day of July, two thousand seven "Regional campus" means West Virginia University at Parkersburg;
(b) (a) "Governing boards" or "boards" means the institutional boards of governors created pursuant to section one, article two-a of this chapter;
(c) (b) "Free-standing community and technical colleges" means Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, and Eastern West Virginia Community and Technical College, which may not be operated as branches or off-campus locations of any other state institution of higher education;
(d) "Community college" or "community colleges" means community and technical college or colleges as those terms are defined in this section;
(e) (c) "Community and technical college", in the singular or plural, means the free-standing community and technical colleges and other state institutions of higher education which deliver community and technical college education. This definition includes Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, Eastern West Virginia Community and Technical College, New River Community and Technical College, West Virginia University at Parkersburg, The Community and Technical College at West Virginia University Institute of Technology, Blue Ridge Community and Technical College, Marshall Community and Technical College, and West Virginia State Community and Technical College and Pierpont Community and Technical College;
(f) (d) "Community and technical college education" means the programs, faculty, administration and funding associated with the delivery of community and technical college education programs;
(g) (e) "Essential conditions" means those conditions which shall be met by community and technical colleges as provided in section three, article three-c of this chapter;
(h) (f) "Higher education institution" means any institution as defined by Sections 401(f), (g) and (h) of the federal Higher Education Facilities Act of 1963, as amended;
(i) (g) "Higher Education Policy Commission", "Policy Commission" or "Commission" means the Commission created pursuant to section one, article one-b of this chapter;
(j) (h) "Chancellor for Higher Education" means the chief executive officer of the Higher Education Policy Commission employed pursuant to section five, article one-b of this chapter;
(k) (i) "Chancellor for Community and Technical College Education" means the chief executive officer of the West Virginia Council for Community and Technical College Education employed pursuant to section three, article two-b of this chapter;
(l) (j) "Chancellor" means the Chancellor for Higher Education where the context refers to a function of the Higher Education Policy Commission. "Chancellor" means Chancellor for Community and Technical College Education where the context refers to a function of the West Virginia Council for Community and Technical College Education;
(m) (k) "Institutional operating budget" or "operating budget" means for any fiscal year an institution's total unrestricted education and general funding from all sources in the prior fiscal year, including, but not limited to, tuition and fees and legislative appropriation, and any adjustments to that funding as approved by the Commission or Council based on comparisons with peer institutions or to reflect consistent components of peer operating budgets;
(n) (l) "Community and technical college education program" means any college-level course or program beyond the high school level provided through a public institution of higher education resulting in or which may result in a two-year associate degree award including an associate of arts, an associate of science and an associate of applied science; certificate programs and skill sets; developmental education; continuing education; collegiate credit and noncredit workforce development programs; and transfer and baccalaureate parallel programs. All such programs are under the jurisdiction of the Council. Any reference to "post-secondary vocational education programs" means community and technical college education programs as defined in this subsection;
(o) (m) "Rule" or "rules" means a regulation, standard, policy or interpretation of general application and future effect;
(p) (n) "Senior administrator" means the "Vice Chancellor for Administration" means the person employed in accordance with section two, article four of this chapter. Any reference in this chapter or chapter eighteen-c of this code to "Senior Administrator" means Vice Chancellor for Administration;
(q) (o) "State college" means Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty State College or West Virginia State University;
(r) (p) "State institution of higher education" means any university, college or community and technical college under the jurisdiction of a governing board as that term is defined in this section;
(s) Until the first day of July, two thousand seven, "regional campus" means West Virginia University at Parkersburg and West Virginia University Institute of Technology;
(t) (q) "Board of visitors" means the advisory board previously appointed for the West Virginia Graduate College is known as the "Board of Visitors" and shall provide and the advisory board previously appointed for West Virginia University Institute of Technology, which provide guidance to the Marshall University Graduate College and West Virginia University Institute of Technology, respectively;
(u) (r) "Institutional compact" means the compact between the Commission or Council and a state institution of higher education under its jurisdiction, as described in section two, article one-a section six, article one-d of this chapter;
(v) (s) "Peer institutions", "peer group" or "peers" means public institutions of higher education used for comparison purposes and selected by the Commission pursuant to section three, article one-a of this chapter;
(w) (t) "Administratively linked community and technical college" means a community and technical college created pursuant to section eight, article three-c of this chapter; state institution of higher education delivering community and technical college education and programs which has maintained a contractual agreement to receive essential services from another accredited state institution of higher education prior to the first day of July, two thousand eight;
(x) (u) "Sponsoring institution" means a state institution of higher education that maintains maintained an administrative link to a community and technical college pursuant to section eight, article three-c of this chapter providing essential services prior to the first day of July, two thousand eight. This definition includes institutions whose governing boards had under their jurisdiction a community and technical college, regional campus or a division delivering community and technical college education and programs;
(y) (v) "Collaboration" means entering into an agreement with one or more providers of education services in order to enhance the scope, quality or efficiency of education services;
(z) (w) "Broker" or "brokering" means serving as an agent on behalf of students, employers, communities or responsibility areas to obtain education services not offered at that institution. These services include courses, degree programs or other services contracted through an agreement with a provider of education services either in-state or out-of-state;
(aa) (x) "Council" means the West Virginia Council for Community and Technical College Education created pursuant to article two-b of this chapter; and
(bb) (y) "West Virginia Consortium for Undergraduate Research and Engineering" or "West Virginia CURE" means the collaborative planning group established pursuant to article one-c of this chapter;
(z) "Advanced technology center" means a facility established under the direction of an independent community and technical college for the purpose of implementing and delivering education and training programs for high-skill, high-performance Twenty-first Century workplaces;
(aa) "Statewide network of independently accredited community and technical colleges" or "community and technical college network" means the state institutions of higher education under the jurisdiction of the West Virginia Council for Community and Technical College Education which are independently accredited or are seeking independent accreditation by the regional accrediting agency, each governed by its own independent governing board, and each having a core mission of providing affordable access to and delivering high quality community and technical education in every region of the state; and
(bb) "Independent community and technical college" means a state institution of higher education under the jurisdiction of the Council which is independently accredited or seeking independent accreditation, is governed by its own independent governing board, and may not be operated as a branch or off-campus location of any other state institution of higher education. This definition includes Blue Ridge Community and Technical College, The Community and Technical College at West Virginia University Institute of Technology, Eastern West Virginia Community and Technical College, Marshall Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, West Virginia State Community and Technical College, and West Virginia University at Parkersburg.
(cc) "Dual credit course" or "dual enrollment course" is a credit-bearing college-level course offered in a high school by a state institution of higher education for high school students in which the students are concurrently enrolled and receiving credit at the secondary level.
§18B-1-8. Student rights when institutional affiliations or governance structures change.
(a) Commencing with the effective date of this section, When a conflict exists between academic program requirements at an institution to be consolidated, merged, or separated from, or administratively linked to another state institution of higher education, the requirements of the institution at which the student initially enrolled prevail. A student may not be required to earn additional credits toward the degree pursued, or to take additional courses, that were not included in the program of study at the time the student declared that major at the enrolling institution.
(b) A student enrolled in an institution to be consolidated, merged, or separated from, or administratively linked to another state institution of higher education shall continue to receive any state-funded student financial aid for which he or she would otherwise be eligible.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of presidents of the state institutions of higher education shall be made as follows:
(1) The initial contract term for a president of a state institution of higher education may not exceed two years. At the end of the initial contract period, and subject to the provisions of subsection (c) of this section, the governing board may offer the president a contract of longer duration, but not to exceed five years.
(A) The provisions relating to initial contract periods do not affect the terms of a current contract for any person holding a multi-year contract and serving as president of a state institution of higher education or division of a state institution of higher education delivering community and technical education on the thirtieth day of June, two thousand eight;
(B) At the end of the current contract period and thereafter, the governing board shall make presidential appointments in accordance with the provisions of this section.
(2) The person who is president, provost, or divisional administrative head of the community and technical college on the thirtieth day of June, two thousand eight, becomes the president of the institution on the effective date of this section.
(3) The president of
a state institution of higher education serves at the will and pleasure of the appointing governing board.
(4) Subject to the approval of the Commission, the governing board of the institution appoints a president for Bluefield State College, Concord University, Fairmont State University, Glenville State College, Marshall University, Shepherd University, West Liberty State College, West Virginia School of Osteopathic Medicine, West Virginia State University and West Virginia University.
(2) Subject to the approval of the Council and to the provisions of article three-c of this chapter, the Governing Board of West Virginia University appoints the president of the regional campus known as West Virginia University at Parkersburg. The president serves at the will and pleasure of the governing board. When selecting candidates for consideration to fill the office of president, the governing board shall use the search and screening process provided in section one, article six of this chapter.
Until the first day of July, two thousand seven, and subject to the approval of the Commission, the Governing Board of West Virginia University appoints the president of the regional campus known as West Virginia University Institute of Technology. The president of the regional campus serves at the will and pleasure of the appointing governing board.
(3) (5) Subject to the approval of the Council, the governing board of the community and technical college appoints a president for Eastern West Virginia Community and Technical College, Southern West Virginia Community and Technical College, and West Virginia Northern Community and Technical College, Blue Ridge Community and Technical College, The Community and Technical College at West Virginia University Institute of Technology, Eastern West Virginia Community and Technical College, Marshall Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College, West Virginia State Community and Technical College, and West Virginia University at Parkersburg.
(4) Subject to the approval of the Council, the governing board of the sponsoring institution appoints a president for each administratively linked community and technical college which shares a physical campus location with the sponsoring institution, including Pierpont Community and Technical College, a division of Fairmont State University, Marshall Community and Technical College, the Community and Technical College at West Virginia University Institute of Technology and West Virginia State Community and Technical College. The president of the administratively linked community and technical college serves at the will and pleasure of the appointing governing board.
(5) Subject to the approval of the Council, the governing board of the community and technical college appoints a president for each administratively linked community and technical college which does not share a physical campus location with the sponsoring institution, including New River Community and Technical College and Blue Ridge Community and Technical College.
(b) Other appointments. -- The institutional president appoints a provost to be the administrative head of the Potomac campus of West Virginia University and effective the first day of July, two thousand seven, for a provost to be the administrative head of West Virginia University Institute of Technology.
(c) Evaluation of presidents. --
(1) The appointing governing board shall conduct written performance evaluations of each the institution's president. including the presidents of administratively linked community and technical colleges. Evaluations shall be done in every fourth year of employment as president at the end of the initial two-year contract period and in every third year of employment as president thereafter, recognizing unique characteristics of the institution and utilizing using institutional personnel, institutional boards of advisors as appropriate, staff of the appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing board. A part of the evaluation shall be a determination of the success of the institution in meeting the requirements of its institutional compact and in achieving the goals, objectives and priorities established in articles one and one-d of this chapter.
(2) After reviewing the evaluations, the board of governors shall make a determination by majority vote of its members on continuing employment and the compensation level for the president in accordance with the provisions of subsection (a) of this section.
(d) The Commission and Council each shall propose a rule for legislative approval in accordance with the provisions of section six, article one of this chapter and article three-a, chapter twenty-nine-a of this code by the first day of September, two thousand eight, to provide guidance for the institutional governing boards in filling vacancies in the office of president in accordance with the provisions of this chapter. The rule shall include, but is not limited to, clarifying the powers, duties and roles of the governing boards, the Commission, the Council, and the chancellors in the presidential appointment process.
(e) The Legislature finds that an emergency exists and, therefore, the Commission and the Council each shall file a rule to implement the provisions of this section as an emergency rule by the first day of September, two thousand eight, pursuant to the provisions of article three-a, chapter twenty-nine-a of this code. The emergency rule may not be implemented without prior approval of the Legislative Oversight Commission on Education Accountability.
ARTICLE 1C. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY.
§18B-1C-2. West Virginia University Institute of Technology; division of West Virginia University.

(a) Notwithstanding any other provision of this code to the contrary by the first day of July, two thousand seven, West Virginia University Institute of Technology shall merge and consolidate with West Virginia University and become is a fully integrated division of West Virginia University. All administrative and academic units shall be are consolidated with primary responsibility for direction and support assigned to West Virginia University. The advisory board previously appointed for West Virginia University Institute of Technology shall be is known as the board of visitors and shall provide guidance to the division in fulfilling its mission. The chairperson of the board of visitors serves as an ex-officio, voting member of the West Virginia University Board of Governors.
(b) The fully integrated division formerly named West Virginia University Institute of Technology is hereafter named West Virginia University Institute of Technology. The headquarters of West Virginia University Institute of Technology shall remain remains in Montgomery, West Virginia.
(c) The provisions of this section do not affect the independent accreditation administrative linkage or continued operation of The Community and Technical College at West Virginia University Institute of Technology. under the jurisdiction and authority of the Council. Effective the first day of July, two thousand eight, the institution becomes an independent community and technical college administered by its own governing board under the jurisdiction and authority of the Council and is subject to all applicable provisions of this chapter and chapter eighteen-c of this code.
(d) Auxiliary enterprises shall be incorporated into the West Virginia University auxiliary enterprise system. The West Virginia University Board of Governors shall determine if operations at West Virginia University Institute of Technology can be operated on a self-sufficient basis when establishing rates for auxiliary services and products.
(e) West Virginia University Institute of Technology has a strong reputation in engineering and other scientific disciplines. These programs shall be maintained, cultivated and emphasized further as its sustaining mission over the next decade.
(f) By the first day of April, two thousand seven, the West Virginia University Board of Governors shall develop and approve a plan to implement the provisions of this article. Beginning the first day of July, two thousand six, the board of governors may begin implementing appropriate changes in the operations of West Virginia University Institute of Technology to further the purposes of this article.
(g) By the first day of November, two thousand six, and annually thereafter for a period of four years, the West Virginia University Board of Governors shall prepare and submit a report to the Commission and Legislative Oversight Commission on Education Accountability on progress being made to implement the provisions of this article.
(h) The West Virginia University Board of Governors, in conjunction with the Board of Advisors of The Community and Technical College at West Virginia University Institute of Technology, shall conduct a study and report to the Council by the first day of November, two thousand six. The study includes, but is not limited to, the following issues:
(1) An appropriate governance structure for the community and technical college;
(2) An appropriate name for the community and technical college; and
(3) The most effective and efficient mechanism to ensure that all essential conditions for the delivery of community and technical college education are met, including the most effective and efficient method for the community and technical college to obtain services.
The Council shall review the study findings, conclusions and recommendations and report to the Legislative Oversight Commission on Education Accountability by the first day of January, two thousand seven. The report of the Council shall include a determination of the need for statutory change, together with drafts of any legislation necessary to effectuate the council's recommendations.
(h) West Virginia University Institute of Technology shall develop or maintain baccalaureate degree programs as a permanent component of its curriculum.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment; establishment of boards for independent community and technical colleges.

(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)
Independent community and technical colleges established --
(1) Effective the first day of July, two thousand eight, the board of advisors is abolished and a board of governors is established for Marshall Community and Technical College; Pierpont Community and Technical College, formerly a division of Fairmont State University; The Community and Technical College at West Virginia University Institute of Technology; West Virginia State Community and Technical College; and West Virginia University at Parkersburg.
(A) In making the initial appointments to these boards of governors, the Governor shall appoint those persons who are lay members of the boards of governors by the thirtieth day of June, two thousand eight.
(B) At the end of the initial term, and thereafter, an appointment to fill a vacancy on the board or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.
(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) The institutional boards of governors for Marshall University and West Virginia University consist of sixteen persons. The boards of governors of the other state institutions of higher education consist of twelve persons.
(c) (d) 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 thirteen 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 chairperson 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, the other state institutions of higher education, 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) (e) Of the eight or nine members appointed by the Governor, no more than five may be of the same political party. Of the twelve thirteen members appointed by the Governor to the governing boards board of Marshall University, and West Virginia University, no more than seven eight may be of the same political party. Of the twelve members appointed by the Governor to the governing board of 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 thirteen members appointed by the Governor to the governing boards board of Marshall University, and West Virginia University, at least eight shall be residents of the state. Of the twelve members appointed by the Governor to the governing board of West Virginia University, at least eight shall be residents of the state.
(e) (f) The student member serves for a term of one year. Each term begins on the first day of July.
(f) (g) 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) (h) 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) (i) The appointed lay citizen members serve terms of up to four years each and are eligible to succeed themselves for no more than one additional term.
(i) (j) 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 except for the fiscal year beginning on the first day of July, two thousand eight only, when the board shall elect the chairperson in July. A member may not serve as chairperson for more than four consecutive years.
(j) (k) The appointed members of the institutional boards of governors serve staggered terms of up to four years except that four of the initial appointments to the governing boards of community and technical colleges which become independent on the first day of July, two thousand eight are for terms of two years and five of the initial appointments are for terms of four years.
(k) (l) 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; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; 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 a board of advisors visitors 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; an employee of any affiliated research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state institutions of higher education; 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) (m) 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) (n) 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) (o) 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-2. Meetings.
(a) The boards of governors shall hold at least six meetings in every fiscal year, including an annual meeting each June for the purpose of electing officers. Provided, That an annual meeting for the purpose of selecting the first chairperson and other officers shall be held during July, two thousand one. The president of the appropriate institution shall call the first meeting of the institutional board of governors in July, two thousand one, or as soon thereafter as practicable and preside until officers are elected. Officers elected in July, two thousand one, shall begin their terms upon election and shall serve until the thirtieth day of June the following year.
Of the sixteen voting members of the boards of governors of Marshall University and West Virginia University, nine shall constitute a quorum. Of the twelve voting members of the boards of governors of the other state institutions of higher education, seven shall constitute a quorum. Provided, however, That of the fifteen voting members of each of the boards of governors for the state universities, eight shall constitute a quorum. A majority vote of the quorum shall be necessary to pass upon matters before the institutional board of governors.
(b) The boards of governors may set aside time as they consider appropriate to afford administrators, faculty, students and classified staff an opportunity to discuss issues affecting these groups.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following power powers and duty to duties:
(a) Determine, control, supervise and manage the financial, business and education policies and affairs of the state institution of higher education under its jurisdiction;
(b) Develop a master plan for the institution under its jurisdiction. except the administratively linked community and technical colleges which retain an institutional board of advisors shall develop their master plans subject to the provisions of section one, article six of this chapter.
(1) The ultimate responsibility for developing and updating the master plans at the institutional level resides with the board of governors, or board of advisors, as applicable, but the ultimate responsibility for approving the final version of the institutional master plans, including periodic updates, resides with the Commission or Council, as appropriate.
(2) Each master plan shall include, but not be limited to, the following:
(A) A detailed demonstration of how the master plan will be used to meet the goals and objectives of the institutional compact;
(B) A well-developed set of goals outlining missions, degree offerings, resource requirements, physical plant needs, personnel needs, enrollment levels and other planning determinates and projections necessary in a plan to assure that the needs of the institution's area of responsibility for a quality system of higher education are addressed;
(C) Document the involvement of the Commission or Council, as appropriate, institutional constituency groups, clientele of the institution and the general public in the development of all segments of the institutional master plan.
(3) The plan shall be established for periods of not less than three nor more than six five years and shall be revised periodically as necessary, including the addition or deletion of degree programs as, in the discretion of the appropriate governing board, may be are necessary;
(c) Prescribe for the institutions institution under its jurisdiction, in accordance with its master plan and the compact, for each institution, specific functions and responsibilities to achieve the goals, objectives and priorities established in articles one and one-d of this chapter to meet the higher education needs of its area of responsibility and to avoid unnecessary duplication;
(d) Direct the preparation of a budget request for the institutions institution under its jurisdiction, which relates directly to missions, goals and projections as found in the institutional master plans plan and the institutional compacts compact;
(e) Consider, revise and submit to the Commission or Council, as appropriate, a budget request on behalf of the institutions institution under its jurisdiction;
(f) Review, at least every five years, all academic programs offered at the institutions institution under its jurisdiction. The review shall address the viability, adequacy and necessity of the programs in relation to its established state goals, objectives and priorities, the institutional master plan, the institutional compact and the education and workforce needs of its responsibility district. As a part of the review, each governing board shall require the institutions institution under its jurisdiction to conduct periodic studies of its graduates and their employers to determine placement patterns and the effectiveness of the education experience. Where appropriate, these studies should coincide with the studies required of many academic disciplines by their accrediting bodies;
(g) Ensure that the sequence and availability of academic programs and courses offered by the institutions institution under their its jurisdiction is such that students have the maximum opportunity to complete programs in the time frame normally associated with program completion. Each governing board is responsible to see that the needs of nontraditional college-age students are appropriately addressed and, to the extent it is possible for the individual governing board to control, to assure core course work completed at institutions the institution under its jurisdiction is transferable to any other state institution of higher education for credit with the grade earned;
(h) Subject to the provisions of article one-b of this chapter, approve the teacher education programs offered in the institution under its control. In order to permit graduates of teacher education programs to receive a degree from a nationally accredited program and in order to prevent expensive duplication of program accreditation, the Commission may select and use one nationally recognized teacher education program accreditation standard as the appropriate standard for program evaluation;
(i) Use faculty, students and classified employees in institutional-level planning and decisionmaking when those groups are affected;
(j) Subject to the provisions of federal law and pursuant to the provisions of article nine of this chapter and to rules adopted by the Commission and the Council, administer a system for the management of personnel matters, including, but not limited to, personnel classification, compensation and discipline for employees at the institutions institution under their its jurisdiction;
(k) Administer a system for hearing employee grievances and appeals. Notwithstanding any other provision of this code to the contrary, the procedure established in article two, chapter six-c of this code is the exclusive mechanism for hearing prospective employee grievances and appeals;
(l) Solicit and use or expend voluntary support, including financial contributions and support services, for the institutions institution under its jurisdiction;
(m) Appoint a president for the institutions institution under its jurisdiction subject to the provisions of section six, article one-b of this chapter;
(n) Conduct written performance evaluations of the president pursuant to section six, article one-b of this chapter;
(o) Employ all faculty and staff at the institution under its jurisdiction. The employees operate under the supervision of the president, but are employees of the governing board;
(p) Submit to the Commission or Council, as appropriate, no later than the first day of November of each year an annual report of the performance of the institution under its jurisdiction during the previous fiscal year as compared to established state goals, objectives, and priorities, and stated goals stated in its master plan and institutional compact;
(q) Enter into contracts or consortium agreements with the public schools, private schools or private industry to provide technical, vocational, college preparatory, remedial and customized training courses at locations either on campuses of the public institution of higher education or at off-campus locations in the institution's responsibility district. To accomplish this goal, the boards may share resources among the various groups in the community;
(r) Provide and transfer funding and property to certain corporations pursuant to section ten, article twelve of this chapter;
(s) Delegate, with prescribed standards and limitations, the part of its power and control over the business affairs of the institution to the president in any case where it considers the delegation necessary and prudent in order to enable the institution to function in a proper and expeditious manner and to meet the requirements of its master plan and institutional compact. If a governing board elects to delegate any of its power and control under the provisions of this subsection, it shall enter the delegation in the minutes of the meeting when the decision was made and shall notify the Commission or Council, as appropriate. Any delegation of power and control may be rescinded by the appropriate governing board, the Commission or Council, as appropriate, at any time, in whole or in part, except that the Commission may not revoke delegations of authority made by the governing boards of Marshall University or West Virginia University as they relate to the state institutions of higher education known as Marshall University and West Virginia University;
(t) Unless changed by the Commission or the Council, as appropriate, continue to abide by existing rules setting forth standards for acceptance of advanced placement credit for their the respective institutions institution under its jurisdiction. Individual departments at a state institutions institution of higher education may, upon approval of the institutional faculty senate, require higher scores on the advanced placement test than scores designated by the appropriate governing board when the credit is to be used toward meeting a requirement of the core curriculum for a major in that department;
(u) Consult, cooperate and work with the State Treasurer and the State Auditor to update as necessary and maintain an efficient and cost-effective system for the financial management and expenditure of special revenue and appropriated state funds at the institutions institution under its jurisdiction that ensures that properly submitted requests for payment be paid on or before due date but, in any event, within fifteen days of receipt in the State Auditor's office;
(v) In consultation with the appropriate chancellor and the Secretary of the Department of Administration, develop, update as necessary and maintain a plan to administer a consistent method of conducting personnel transactions, including, but not limited to, hiring, dismissal, promotions and transfers at the institutions institution under their its jurisdiction. Each personnel transaction shall be accompanied by the appropriate standardized system or forms which shall be submitted to the respective governing board and the Department of Finance and Administration;
(w) Notwithstanding any other provision of this code to the contrary, transfer funds from any account specifically appropriated for their its use to any corresponding line item in a general revenue account at any agency or institution under their its jurisdiction as long as such transferred funds are used for the purposes appropriated;
(x) Transfer funds from appropriated special revenue accounts for capital improvements under their its jurisdiction to special revenue accounts at agencies or institutions under their its jurisdiction as long as such transferred funds are used for the purposes appropriated;
(y) Notwithstanding any other provision of this code to the contrary, acquire legal services that are necessary, including representation of the governing boards board, their institutions its institution, employees and officers before any court or administrative body. The counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the governing boards board may, but are is not required to, call upon the Attorney General for legal assistance and representation as provided by law; and
(z) For each governing board which has under its jurisdiction an administratively linked community and technical college or a regional campus offering community and technical college education programs, create within the administrative structure of its governing board a subcommittee for community and technical college education. The subcommittee shall have at least four members, one of whom is the chairperson of the board of advisors of the community and technical college or, in the case of the Governing Board of West Virginia University, both the member representing the community and technical college and the member representing the regional campus; and
(aa) (z) Contract and pay for disability insurance for a class or classes of employees at a state institution of higher education under its jurisdiction.
§18B-2A-7a. Transfer of orders, resolutions, policies and rules, obligations, etc.

(a) Effective the first day of July, two thousand eight, a governing board is established for the following state institutions of higher education pursuant to section one of this article:
(1) Marshall Community and Technical College;
(2) Pierpont Community and Technical College, formerly a division of Fairmont State University;
(3) The Community and Technical College at West Virginia University Institute of Technology;
(4) West Virginia State Community and Technical College; and
(5) West Virginia University at Parkersburg.
(b) All orders, resolutions, policies and rules adopted or promulgated by a governing board of a former administratively linked community and technical college, regional campus, or division within an accredited institution on behalf of an institution named in subsection (a) of this section relating to the community and technical college or community and technical college education, or which the newly-established board of governors finds necessary or expedient for the exercise of its lawful powers and duties pursuant to the provisions of this chapter, shall continue in effect until rescinded, revised, altered or amended by the newly-established board of governors. Nothing in this section requires the initial rules or policies of a community and technical college to be promulgated again under the rule adopted by the Council pursuant to section six, article one of this chapter unless such rules or policies are rescinded, revised, altered or amended.
(c) Each valid agreement and obligation, undertaken or agreed to by the former sponsoring institution or governing board of a division, regional campus or administratively-linked community and technical college before the first day of July, two thousand eight, on behalf of a community and technical college named in subsection (a) of this section is hereby transferred to the board of governors of that community and technical college.
(d) Each newly established board of governors and each appropriate institution formerly sponsoring a community and technical college shall jointly agree on a division of all assets and liabilities. If the boards of governors are unable to reach agreement concerning a division of assets and liabilities on or before the first day of December, two thousand eight, the boards of governors shall submit a summary of issues in dispute to the Commission and the Council which shall jointly resolve all outstanding issues concerning the division of assets and liabilities.
(e) For purposes of generating audited financial statements for inclusion in the higher education fund and state single audits, the division of all assets and liabilities shall be effective retroactively to the first day of July, two thousand eight.
(f) Any other disputes between an independent community and technical college and its former sponsoring institution, regarding their respective rights and responsibilities under this chapter of the code, which cannot be resolved by the governing boards, shall
be resolved as follows:
(1) The matters in dispute shall be summarized in writing and submitted to the chancellors jointly for resolution;
(2) If the matters in dispute cannot be resolved by the chancellors within thirty days, they shall be submitted to the Council and Commission for resolution;
(3) If the Commission and Council jointly cannot reach a resolution following their first regularly scheduled meeting or within sixty days, whichever is sooner, the chairpersons of the Commission and Council respectively shall establish a three-person panel to hear the matters and issue a decision within thirty days:
(A) The three-person panel is comprised of one person appointed by the chairperson of the Commission, one person appointed by the chairperson of the Council, and one person appointed jointly by the two chairpersons.
(B) The decision rendered by the three-person panel is binding on the governing boards, Commission and Council, and may not be challenged in the courts of this state.
(g) Each former sponsoring institution and community and technical college shall enter into a comprehensive agreement to address the division of assets and liabilities and the allocation of revenues and expenditures between former sponsoring institutions and newly independent community and technical colleges.
(h) Absent manifest injustice as determined jointly by the Council and Commission, the following general principles apply to the division of assets and liabilities and allocation of revenues and expenditures between former sponsoring institutions and the newly independent community and technical colleges:
(1) For accounting purposes, the institution that assumes responsibility for any asset also shall assume responsibility for any associated liabilities.
(2) Although one institution may assume responsibility for an asset and associated liabilities for accounting purposes, both institutions shall agree on their respective responsibilities for reducing and ultimately eliminating the liability over time if the asset was originally acquired and/or is being used for the benefit of both institutions.
(A) Any agreement to allocate system and institution educational and general and auxiliary debt service payments shall be consistent with the provisions of all applicable bond covenants.
(B) Absent a controlling bond covenant or other agreement, debt service payments associated with bonded indebtedness presumptively shall be allocated based on the relative full-time equivalent student enrollment of the two institutions either as a whole or on the campus where the asset is located and may be adjusted annually to reflect enrollment changes at the two institutions.
(3) The institutions shall agree to allocate educational and general and auxiliary capital fees in excess of those needed to cover bonded indebtedness to ensure that assets of both institutions are maintained in proper repair and that the institutions assume responsibility for a reasonable share of the total costs of maintaining the facilities.
(4) The institutions shall develop a plan that ensures the financial stability of auxiliary enterprises, including, but not limited to, student housing, student centers, dining services, parking, and athletics through fiscal year two thousand twelve.
(A) If community and technical college students pay a mandatory athletics fee for the benefit of a former sponsoring institution, but receive no direct benefit from that fee, the community and technical college may phase out that fee over a five- year period.
(B) If certain community and technical college students were required to live in institution housing consistent with rules or policies in effect on the effective date of this section, the former sponsoring institution may continue to require these students to live in institution housing for at least one year.
(i) If either institution proposes to reduce the services that it provides or purchases from the other institution by more than ten percent in any one year and the reduction exceeds two hundred thousand dollars, the institution shall obtain the approval of both the Council and the Commission before doing so. In evaluating the proposal, the Council and Commission shall consider the following:
(1) The benefit to be obtained for the institution seeking to reduce the services it provides or purchases;
(2) The impact of the proposed reduction on the institution currently providing the services;
(3) Any additional costs that might be incurred as a result of the reduction in services; and
(4) The adequacy of the transition plan.
(j) To the extent practicable, state financial systems shall be set up for higher education institutions which participate in shared services agreements to facilitate ease of processing while ensuring that data from the two institutions are readily segregable at the state level.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.

§18B-2B-6. Powers and duties of the Council.
(a) The Council is the sole agency responsible for administration of vocational-technical-occupational education and community and technical college education in the state. The Council has jurisdiction and authority over the community and technical colleges and the system of statewide network of independently accredited community and technical college education colleges as a whole, including community and technical college education programs as defined in section two, article one of this chapter.
(b) The Council shall propose rules pursuant to section six, article one of this chapter and article three-a, chapter twenty- nine-a of this code to implement the provisions of this section and applicable provisions of article one-d of this chapter:
(1) To implement the provisions of article one-d of this chapter relevant to community and technical colleges, the Council may propose rules jointly with the Commission or separately and may choose to address all components of the accountability system in a single rule or may propose additional rules to cover specific components;
(2) The rules pertaining to financing policy and benchmarks and indicators required by this section shall be filed with the Legislative Oversight Commission on Education Accountability by the first day of October, two thousand eight.
Nothing in this subsection requires other rules of the Council to be promulgated again under the procedure set forth in article three-a, chapter twenty-nine-a of this code unless such rules are rescinded, revised, altered or amended; and
(3) The Legislature finds that an emergency exists and, therefore, the Council shall propose an emergency rule or rules to implement the provisions of this section relating to the financing policy and benchmarks and indicators in accordance with section six, article one of this chapter and article three-a, chapter twenty-nine-a of this code by the first day of October, two thousand eight. The emergency rule or rules may not be implemented without prior approval of the Legislative Oversight Commission on Education Accountability.
(b) (c) As relates to the authority established in subsection (a) of this section, The Council has the following powers and duties relating to the authority established in subsection (a) of this section:
(1) Develop, oversee and advance the public policy agenda as it relates to for community and technical college education to address major challenges facing the state for the purpose of accomplishing the mandates of this section, including, but not limited to, the following:
(A) Achieving the goals and objectives found established in section one-a, article one articles one and one-d of this chapter; and including specifically those goals and objectives pertaining to the
(B) Addressing the goals and objectives contained in the institutional compacts created pursuant to section two, article one-a section seven, article one-d of this chapter; and to develop and implement
(C) Developing and implementing the master plan described in section nine of this article section five, article one-d of this chapter; for the purpose of accomplishing the mandates of this section;
(2) Jointly with the Commission, Propose a legislative rule pursuant to subsection (b) of this section and article three-a, chapter twenty-nine-a of this code to develop oversee and advance the implementation of and implement a financing policy for higher education community and technical college education in West Virginia. The policy rule shall meet the following criteria:
(A) Provide an adequate level of education and general funding for institutions pursuant to section five, article one-a of this chapter;
(B) Serve to maintain institutional assets, including, but not limited to, human and physical resources and deferred maintenance;
(C) Invest and provide incentives for achieving the priority goals in the public policy agenda, including, but not limited to, those goals, found in section one-a, article one of this chapter; and
(C) Establish for incorporation into the financing policy for higher education in West Virginia a plan for strategic funding to strengthen capacity for support of community and technical college education; and
(D) Establish a plan that measures progress and provides performance-based funding to institutions which make significant progress in the following specific areas:
(i) Achieving the objectives and priorities established in article one-d of this chapter;
(ii) Serving targeted populations, especially working age adults twenty-five years of age and over;
(iii) Providing access to high cost, high demand technical programs in every region of the state;
(iv) Increasing the percentage of functionally literate adults in every region of the state; and
(v) Providing high quality community and technical college education services to residents of every region of the state.

(3) Create a policy leadership structure relating to community and technical college education capable of the following actions:
(A) Developing, building public consensus around and sustaining attention to a long-range public policy agenda. In developing the agenda, the Council shall seek input from the Legislature and the governor and specifically from the State Board of Education and local school districts in order to create the necessary linkages to assure smooth, effective and seamless movement of students through the public education and post-secondary education systems and to ensure that the needs of public school courses and programs can be fulfilled by the graduates produced and the programs offered;
(B) Ensuring that the governing boards of the institutions under the Council's jurisdiction carry out their duty effectively to govern the individual institutions of higher education; and
(C) Holding the each community and technical college institutions and the community and technical college system statewide network of independently accredited community and technical colleges as a whole accountable for accomplishing their missions and achieving the goals and objectives established in articles one, one-d, and three-c of this chapter; and implementing the provisions of the compacts;
(4) To Develop for inclusion in the statewide public agenda, a plan for raising education attainment, increasing adult literacy, promoting workforce and economic development and ensuring access to advanced education for the citizens of West Virginia;
(5) To Provide statewide leadership, coordination, support, and technical assistance to the community and technical colleges and to provide a focal point for visible and effective advocacy for their work and for the public policy agenda agendas approved by the Commission and Council. For the institutions under their jurisdiction, this responsibility includes, but is not limited to
(A) Ensuring that the governing boards carry out their duty effectively to govern the individual institutions of higher education; and
(B) Holding the institutions and the system as a whole accountable for accomplishing their missions and implementing the provisions of the compacts;
(6) To Review and adopt annually all institutional compacts for the community and technical colleges pursuant to the provisions of section two, article one-a section seven, article one-d of this chapter;
(7) Serve as the accountability point to: Fulfill the mandates of the accountability system established in article one-d of this chapter and report on progress in meeting established goals, objectives, and priorities to the elected leadership of the state;
(A) The governor for implementation by the community and technical colleges of their role in advancing the public policy agenda; and
(B) The Legislature by maintaining a close working relationship with the legislative leadership and the legislative oversight commission on education accountability;
(8) Jointly with the Commission, promulgate Propose a legislative rule pursuant to subsection (b) of this section and article three-a, chapter twenty-nine-a of this code to fulfill the purposes of section five, article one-a of this chapter establish benchmarks and indicators in accordance with the provisions of this subsection;
(9) Establish and implement the benchmarks and performance indicators necessary to measure institutional achievement towards progress:
(A) In meeting
state policy goals, objectives, and priorities established in section one-a, article articles one and one-d of this chapter; and
(B) In carrying out institutional missions; and
(C) In meeting the essential conditions established in article three-c of this chapter;
(10) Review Collect and analyze data relating to the progress performance of community and technical colleges in every region of West Virginia The review includes, but is not limited to, evaluating and reporting annually report periodically or as directed to the Legislative Oversight Commission on Education Accountability on the step-by-step implementation required in article three-c of this chapter progress in meeting the goals and objectives established in articles one and one-d of this chapter.
Additionally, the Council shall report annually during the January interim meetings on a date and at a time and location to be determined by the President of the Senate and the Speaker of the House of Delegates.
(11) Annually report to the Legislature and to the Legislative Oversight Commission on Education Accountability during the January interim meetings on a date and at a time and location to be determined by the President of the Senate and the Speaker of the House of Delegates. The annual report shall address at least the following:
(A) The performance of the community and technical college system network during the previous fiscal year, including, but not limited to, progress in meeting goals stated in the compacts and progress of the institutions and the system network as a whole in meeting the goals and objectives set forth in section one-a, article one established in articles one and one-d of this chapter;
(B) The priorities established for capital investment needs pursuant to subdivision (12) (11) of this subsection and the justification for such priority; and
(C) Recommendations of the Council for statutory changes necessary or expedient to further the achieve established state goals and objectives set forth in section one-a, article one of this chapter;
(12) (11) Establish a formal process for identifying needs for capital investments and for determining priorities for these investments for consideration by the Governor and the Legislature as part of the appropriation request process. Notwithstanding the language in subdivision eleven, subsection a, section four, article one-b of this chapter, the Commission is not a part of the process for identifying needs for capital investments for the Statewide network of independently accredited community and technical colleges. When the needs have been determined, the council shall take the following steps:
(A) Develop a ranked list of the top ten projects for capital investment for the institutions under its jurisdiction;
(B) Convey the ranked list to the commission for its consideration pursuant to section four, article one-b of this chapter;
(13) (12) Draw upon the expertise available within the Governor's Workforce Investment Office and the West Virginia Development Office as a resource in the area of workforce development and training;
(14) (13) Acquire legal services as that are considered necessary, including representation of the Council, its institutions, employees and officers before any court or administrative body, notwithstanding any other provision of this code to the contrary. The counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the Council may, but is not required to, call upon the attorney general for legal assistance and representation as provided by law;
(15) (14) Employ a chancellor for community and technical college education pursuant to section three of this article;
(16) (15) Employ other staff as necessary and appropriate to carry out the duties and responsibilities of the Council consistent with the provisions of section two, article four of this chapter;
(17) (16) Employ other staff as necessary and appropriate to carry out the duties and responsibilities of the Council who are employed solely by the Council;
(18) (17) Provide suitable offices in Charleston for the chancellor and other staff;
(19) (18) Approve the total compensation package from all sources for presidents of community and technical colleges, as proposed by the governing boards. The governing boards must obtain approval from the Council of the total compensation package both when presidents are employed initially and subsequently when any change is made in the amount of the total compensation package;
(20) (19) Establish and implement policies and procedures to ensure that students may transfer and apply toward the requirements for a degree the maximum number of credits earned at any regionally accredited in-state or out-of-state higher education institution with as few requirements to repeat courses or to incur additional costs as is consistent with sound academic policy;
(21) (20) Establish and implement policies and programs, jointly with the community and technical colleges, through which students who have gained knowledge and skills through employment, participation in education and training at vocational schools or other education institutions, or internet-based education programs, may demonstrate by competency-based assessment that they have the necessary knowledge and skills to be granted academic credit or advanced placement standing toward the requirements of an associate degree or a bachelor's degree at a state institution of higher education;
(22) (21) Seek out and attend regional and national meetings and forums on education and workforce development-related topics, as in the Council's discretion is Council members consider critical for the performance of their duties. as members for the purpose of keeping The Council shall keep abreast of national and regional community and technical college education trends and policies to aid it members in developing the policies for this state to that meet the established education goals and objectives pursuant to section one-a, article established in articles one and one-d of this chapter;
(23) (22) Assess community and technical colleges for the payment of expenses of the Council or for the funding of statewide services, obligations or initiatives related specifically to the provision of community and technical college education;
(24) (23) Promulgate rules allocating reimbursement of appropriations, if made available by the Legislature, to community and technical colleges for qualifying noncapital expenditures incurred in the provision of services to students with physical, learning or severe sensory disabilities;
(25) (24) Assume the prior authority of the Commission in examining and approving tuition and fee increase proposals submitted by community and technical college governing boards as provided in section one, article ten of this chapter.
(26) (25) Consider Develop and submit to the Commission, a single budget for community and technical college education that reflects recommended appropriations for community and technical colleges and that meets the following conditions:
(A) Incorporates the provisions of the financing rule mandated by this section to measure and provide performance funding to institutions which achieve or make significant progress toward achieving established state objectives and priorities;
(A) (B) Considers the progress of each institution toward meeting the essential conditions set forth in section three, article three-c of this chapter, including independent accreditation; and
(B) (C) Considers the progress of each institution toward meeting the goals objectives, and priorities established in article one-d of this chapter and its approved institutional compact;
(27) (26) Administer and distribute the independently accredited community and technical college development account;
(28) (27) Establish a plan of strategic funding to strengthen capacity for support and assure delivery of high quality community and technical college education in all areas regions of the state;
(29) (28) Foster coordination among all state-level, regional and local entities providing post-secondary vocational education or workforce development and coordinate all public institutions and entities that have a community and technical college mission;
(30) (29) Assume the principal responsibility for overseeing the implementation of the step-by-step process for achieving oversight of those community and technical colleges seeking independent accreditation and for holding governing boards accountable for meeting the essential conditions pursuant to article three-c of this chapter;
(31) (30) Advise and consent in the appointment of the presidents of the community and technical colleges pursuant to section six, article one-b of this chapter. The role of the Council in approving a president is to assure through personal interview that the person selected understands and is committed to achieving the goals and objectives as set forth established in the institutional compact and in section one-a, article articles one, one-d, and three-c of this chapter;
(32) (31) Provide a single, statewide link for current and prospective employers whose needs extend beyond one locality;
(33) (32) Provide a mechanism that serves capable of serving two or more institutions to facilitate joint problem-solving in areas including, but not limited to the following:
(A) Defining faculty roles and personnel policies;
(B) Delivering high-cost technical education programs across the state;
(C) Providing one-stop service for workforce training to be delivered by multiple institutions; and
(D) Providing opportunities for resource-sharing and collaborative ventures;
(34) (33) Provide support and technical assistance to develop, coordinate, and deliver effective and efficient community and technical college education programs and services in all regions of the state;
(35) (34) Assist the community and technical colleges in establishing and promoting links with business, industry and labor in the geographic areas for which each of the community and technical colleges college is responsible;
(36) (35) Develop alliances among the community and technical colleges for resource sharing, joint development of courses and courseware, and sharing of expertise and staff development;
(37) (36) Serve aggressively as an advocate for development of a seamless curriculum;
(38) (37) Cooperate with the governor's P-20 Council of West Virginia to all providers of education services in the state to remove barriers relating to a seamless system of public and higher education and to transfer and articulation between and among community and technical colleges, state colleges and universities and public education, preschool through grade twelve;
(39) (38) Encourage the most efficient utilization use of available resources;
(40) (39) Coordinate with the Commission in informing public school students, their parents and teachers of the academic preparation that students need in order to be prepared adequately to succeed in their selected fields of study and career plans, including presentation of academic career fairs;
(41) (40) Jointly with the Commission, approve and implement a uniform standard, as developed by the chancellors, to determine which students shall be placed in remedial or developmental courses. The standard shall be aligned with college admission tests and assessment tools used in West Virginia and shall be applied uniformly by the governing boards throughout the public higher education system. The chancellors shall develop a clear, concise explanation of the standard which the governing boards shall communicate to the State Board of Education and the State Superintendent of Schools;
(42) (41) Develop and implement strategies and curriculum for providing developmental education which shall be applied by any state institution of higher education providing developmental education.
(43) (42) Develop a statewide system of community and technical college programs and services in every region of West Virginia for competency-based certification of knowledge and skills, including a statewide competency-based associate degree program;
(44) (43) Review and approve all institutional master plans for the community and technical colleges pursuant to section four, article two-a of this chapter;
(45) (44) Establish policies or Propose rules for promulgation pursuant to subsection (b) of this section and article three-a, chapter twenty-nine-a of this code that are necessary or expedient for the effective and efficient performance of community and technical colleges in the state;
(46) (45) In its sole discretion, transfer any rule under its jurisdiction, other than a legislative rule, to the jurisdiction of the governing boards who may rescind, revise, alter or amend any rule so transferred pursuant to rules adopted by the Council and provide technical assistance to the institutions under its jurisdiction to aid them in promulgating rules;
(47) Establish benchmarks and performance indicators for community and technical colleges to measure institutional progress toward meeting the goals as outlined in section one-a, article one of this chapter and in meeting the essential conditions established in article three-c of this chapter;
(48) (46) Develop for inclusion in the higher education report card, as defined in section eight, article one-b one-d of this chapter, a separate section on community and technical colleges. This section shall include, but is not limited to, evaluation of the institutions based upon the benchmarks and indicators developed in subdivision (47) (9) of this subsection;
(49) (47) Facilitate continuation of the Advantage Valley Community College Network under the leadership and direction of Marshall Community and Technical College;
(50) (48) Initiate and facilitate creation of other regional networks of affiliated community and technical colleges that the Council finds to be appropriate and in the best interests of the citizens to be served;
(51) (49) Develop with the State Board of Education state plans for secondary and post-secondary vocational-technical-occupational and adult basic education, including, but not limited to the following:
(A) Policies to strengthen vocational-technical-occupational and adult basic education; and
(B) Programs and methods to assist in the improvement, modernization and expanded delivery of vocational-technical- occupational and adult basic education programs;
(52) (50) Distribute federal vocational education funding provided under the Carl D. Perkins Vocational and Technical Education Act of 1998, PL 105-332, with an emphasis on distributing financial assistance among secondary and post-secondary vocational- technical-occupational and adult basic education programs to help meet the public policy agenda.
In distributing funds the Council shall use the following guidelines:
(A) The State Board of Education shall continue to be the fiscal agent for federal vocational education funding;
(B) The percentage split between the State Board of Education and the Council shall be determined by rule promulgated by the Council under the provisions of article three-a, chapter twenty-nine-a of this code. The Council shall first obtain the approval of the State Board of Education before proposing a rule;
(53) (51) Collaborate, cooperate and interact with all secondary and post-secondary vocational-technical-occupational and adult basic education programs in the state, including the programs assisted under the federal Carl D. Perkins Vocational and Technical Education Act of 1998, PL 105-332, and the Workforce Investment Act of 1998, to promote the development of seamless curriculum and the elimination of duplicative programs;
(54) (52) Coordinate the delivery of vocational-technical- occupational and adult basic education in a manner designed to make the most effective use of available public funds to increase accessibility for students;
(55) (53) Analyze and report to the West Virginia State Board of Education on the distribution of spending for vocational-technical- occupational and adult basic education in the state and on the availability of vocational-technical-occupational and adult basic education activities and services within the state;
(56) (54) Promote the delivery of vocational-technical-occupational education, adult basic education and community and technical college education programs in the state which emphasize the involvement of business, industry and labor organizations;
(57) (55) Promote public participation in the provision of vocational-technical-occupational education, adult basic education and community and technical education at the local level, emphasizing programs which involve the participation of local employers and labor organizations;
(58) (56) Promote equal access to quality vocational- technical-occupational education, adult basic education and community and technical college education programs to handicapped and disadvantaged individuals, adults in need of training and retraining, single parents, homemakers, participants in programs designed to eliminate sexual bias and stereotyping and criminal offenders serving in correctional institutions;
(59) (57) Meet annually between the months of October and December with the Advisory Committee of Community and Technical College Presidents created pursuant to section eight of this article to discuss those matters relating to community and technical college education in which advisory committee members or the Council may have an interest;
(60) (58) Accept and expend any gift, grant, contribution, bequest, endowment or other money for the purposes of this article;
(61) (59) Assume the powers set out in section five, article three of this chapter. section nine of this article. The rules previously promulgated by the State College System Board of Directors pursuant to that section and transferred to the Commission are hereby transferred to the Council and shall continue in effect until rescinded, revised, altered or amended by the Council;
(62) (60) Pursuant to the provisions of subsection (b) of this section and article three-a, chapter twenty-nine-a of this code, and section six, article one of this chapter, promulgate rules as necessary or expedient to fulfill the purposes of this chapter. The Council and Commission shall promulgate a uniform joint legislative rule with the Commission for the purpose of standardizing, as much as possible, the administration of personnel matters among the institutions of higher education;
(63) (61) Determine when a joint rule among the governing boards of the community and technical colleges is necessary or required by law and, in those instances and in consultation with the governing boards, promulgate the joint rule;
(64) (62) Promulgate a joint rule with the Commission establishing tuition and fee policy for all institutions of higher education. The rule shall include, but is not limited to, the following:
(A) Comparisons with peer institutions;
(B) Differences among institutional missions;
(C) Strategies for promoting student access;
(D) Consideration of charges to out-of-state students; and
(E) Such Any other policies as the Commission and Council consider appropriate;
(65) (63) In cooperation with the West Virginia Division of Highways, study a method for increasing the signage signifying community and technical college locations along the state interstate highways, and report to the Legislative Oversight Commission on Education Accountability regarding any recommendations and required costs; and
(66) (64) Implement a policy jointly with the Commission whereby any course credit earned at a community and technical college transfers for program credit at any other state institution of higher education and is not limited to fulfilling a general education requirement.
(c) (d) In addition to the powers and duties listed in subsections (a), and (b) and (c) of this section, the Council has the following general powers and duties related to its role in developing, articulating and overseeing the implementation of the public policy agenda for community and technical colleges:
(1) Planning and policy leadership including a distinct and visible role in setting the state's policy agenda for the delivery of community and technical college education and in serving as an agent of change;
(2) Policy analysis and research focused on issues affecting the community and technical college system network as a whole or a geographical region thereof;
(3) Development and implementation of each community and technical college mission definition including use of incentive and performance funds to influence institutional behavior in ways that are consistent with public achieving established state goals, objectives, and priorities;
(4) Academic program review and approval for the institutions under its jurisdiction, including the use of institutional missions as a template to judge the appropriateness of both new and existing programs and the authority to implement needed changes;
(5) Development of budget and allocation of resources for institutions delivering community and technical college education, including reviewing and approving institutional operating and capital budgets and distributing incentive and performance-based funding;
(6) Acting as the agent to receive and disburse public funds related to community and technical college education when a governmental entity requires designation of a statewide higher education agency for this purpose;
(7) Development, establishment and implementation of information, assessment and internal accountability systems, including maintenance of statewide data systems that facilitate long-term planning and accurate measurement of strategic outcomes and performance indicators for community and technical colleges;
(8) Jointly with the Commission, development, establishment and implementation of policies for licensing and oversight of both public and private degree-granting and nondegree-granting institutions that provide post-secondary education courses or programs. pursuant to the findings and policy recommendations to be determined as set forth in section eleven, article one-b of this chapter;
(9) Development, implementation and oversight of statewide and regionwide projects and initiatives related specifically to providing community and technical college education such as those using funds from federal categorical programs or those using incentive and performance-based funding from any source; and
(10) Quality assurance that intersects with all other duties of the Council particularly in the areas of planning, policy analysis, program review and approval, budgeting and information and accountability systems.
(d) (e) The Council is authorized to may withdraw specific powers of a governing board under its jurisdiction for a period not to exceed two years if the Council makes a determination that any of the following conditions exist:
(1) The governing board has failed for two consecutive years to develop an institutional compact as required in article one section seven, article one-d of this chapter;
(2) The Council has received information, substantiated by independent audit, of significant mismanagement or failure to carry out the powers and duties of the board of governors according to state law; or
(3) Other circumstances which, in the view of the Council, severely limit the capacity of the board of governors to carry out its duties and responsibilities.
The period of withdrawal of specific powers may not exceed two years during which time the Council is authorized to take steps necessary to reestablish the conditions for restoration of sound, stable and responsible institutional governance.
(e) (f) In addition to the powers and duties provided for in subsections (a), and (b), (c) and (d) of this section and any other powers and duties as may be others assigned to it by law, the Council has (1) Such other powers and duties as may be those powers and duties necessary or expedient to accomplish the purposes of this article; and
(2) All powers, duties and responsibilities directly related to community and technical colleges and community and technical college education that were vested in the Commission prior to the effective date of this section.
(f) (g) When the Council and Commission, each, is required to consent, cooperate, collaborate or provide input into the actions of the other the following conditions apply:
(1) The body acting first shall convey its decision in the matter to the other body with a request for concurrence in the action;
(2) The Commission or the Council, as the receiving body, shall place the proposal on its agenda and shall take final action within sixty days of the date when the request for concurrence is received; and
(3) If the receiving body fails to take final action within sixty days, the original proposal stands and is binding on both the Commission and the Council.
ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.
§18B-2C-1. Legislative findings; intent.
(a) Legislative findings. --
(1) The Legislature hereby finds that for more than a decade nearly two decades legislation has been enacted having as a principal goal creation of a strong, effective system of community and technical education capable of meeting the needs of the citizens of the state. In furtherance of that goal, the Legislature has passed the following major pieces of legislation:
(A) Enrolled Senate Bill 420, passed during the regular session of one thousand nine hundred eighty-nine, reorganized the governance structure of public higher education and created the Joint Commission for Vocational-technical-occupational Education to bridge the gap between secondary and post-secondary vocational, technical, and occupational education;
(B) Enrolled Senate Bill 377, passed during the regular session of one thousand nine hundred ninety-three, adopted goals and objectives for public post-secondary education, addressed the needs of nontraditional students, directed the institutions to include an assessment of work force development needs in their master plans and established the resource allocation model and policies to aid governing boards and institutions in meeting the established goals and objectives;
(C) Enrolled Senate Bill 547, passed during the regular session of one thousand nine hundred ninety-five, established goals and funding for faculty and staff salaries, required the governing boards to establish community and technical education with the administrative, programmatic and budgetary control necessary to respond to local needs and provided that community and technical college budgets be appropriated to a separate control account;
(D) Enrolled Senate Bill 653, passed during the regular session of two thousand, established the Commission to develop a public policy agenda for higher education in conjunction with state leaders, set forth the essential conditions that must be met by each community and technical college in the state, and mandated that most component community and technical colleges move to independent accreditation.
(E) Enrolled Senate Bill 703, passed during the regular session of two thousand one, authorized the creation of a statewide community and technical college to provide leadership and technical support to the community and technical colleges to aid them in achieving independent accreditation, enhance their ability to serve the interests of the people of West Virginia, and focus attention on achieving established state goals.
(F) Enrolled House Bill 2224, passed during the regular session of two thousand three, created New River Community and Technical College of Bluefield State College as a multi-campus institution from existing community and technical college components, branches and off-campus delivery sites in order to give greater cohesiveness, emphasis and priority to meeting the essential conditions pursuant to section three, article three-c of this chapter and to provide greater access to high-quality programs in the institution's expanded service district.
(G) Enrolled Senate Bill 448, passed during the regular session of two thousand four, established the West Virginia Council for Community and Technical College Education as a separate coordinating agency with authority over state community and technical colleges, branches, centers, regional centers, and other delivery sites with a community and technical college mission.

(2) The Market Street Report, the McClenney Report, and the Implementation Board Report, cited in article two-b of this chapter, each reflects recent research and indicates that, while these legislative actions cited above have helped the state to make progress in certain areas of higher education, they have not offered a complete solution to the problems of community and technical colleges.
(b) Intent. -- It is Therefore, the intent of the Legislature in enacting these pieces of legislation is as follows:
(1) That this article, and article two-b of this chapter be seen as additional To provide logical steps in the process of developing strong institutions capable of delivering community and technical education to meet the needs of the state. and that they Each act may be viewed as a building blocks block added to the foundation laid by earlier legislation;
(2) To create a mechanism whereby the Commission Council, if necessary, can assure through its own direct action that the goals established pursuant to section one-a, article in articles one, one-d, and three-c of this chapter are met; and
(3) To authorize the Commission Council to create the West Virginia Community and Technical College to serve the interests of the people of West Virginia by advancing the public policy agenda developed pursuant to article one-b two-b of this chapter. Specifically, the If the Council makes a determination under the provisions of this section that it is necessary or expedient to create the statewide community and technical college, the following goals are the specific focus of the college and its governing board: is:
(A) To encourage development of a statewide mission that (i) raises education attainment, (ii) increases adult literacy, (iii) promotes work force and economic development, and (iv) ensures access to post-secondary education for the citizens every region of the state;
(B) To provide oversight or governance of the community and technical colleges, branches, centers, regional centers, and other delivery sites with a community and technical college mission;
(C) To provide leadership, support and coordination; and
(D) To protect and expand the local autonomy and flexibility necessary for community and technical colleges to succeed.
§18B-2C-3. Authority and duty of Council to determine progress of community and technical colleges; conditions; authority to create West Virginia community and technical college.

(a) The Council annually shall review and analyze all the public state community and technical colleges, and any branches, centers, regional centers or other delivery sites with a community and technical college mission, to determine their progress toward meeting the goals, and objectives, priorities, and essential conditions set forth established in section one-a, article articles one, one-d and three-c of this chapter. and toward advancing the purposes, goals and objectives set forth in article three-c of this chapter.
(b) The analysis required in subsection (a) of this section shall be based, in whole or in part, upon the findings made pursuant to the rule establishing benchmarks and indicators required to be promulgated by the Council in pursuant to section six, article two-b of this chapter.
(c) Based upon their analysis in subsections (a) and (b) of this section, the Council shall make a determination whether any one or more of the following conditions exists:
(1) One or more of the component A community and technical colleges college required to do so has not achieved or is not making sufficient, satisfactory progress toward achieving the essential conditions, including independent accreditation;
(2) One or more of the public community and technical colleges, branches, centers, regional centers and other delivery sites with a community and technical college mission requires financial assistance or other support to meet the goals and essential conditions set forth in this chapter;
(3) It is in the best interests of the people of the state or a region within the state to have a single, accredited institution which can provide an umbrella of statewide accreditation;
(4) It is in the best interests of the people of the state or a region of the state to have one accredited institution able to extend accreditation to institutions and entities required to seek independent accreditation;
(5) (4) One or more of the public state community and technical colleges, branches, centers, regional centers or other delivery sites with a community and technical college mission requests from the Council the type of assistance which can best be delivered through implementation of the provisions of section four of this article. Institutional requests that may be considered by the Council include, but are not limited to, assistance in seeking and/or attaining independent accreditation, in meeting the goals, for post-secondary education priorities and essential conditions established in section one-a, article articles one, one-d and three-c of this chapter, in meeting the essential conditions set forth in section three, article three-c of this chapter, or in establishing and implementing regional networks.
(6) (5) One or more public state community and technical colleges, branches, centers, regional centers or other delivery sites with a community and technical college mission has not met achieved, or is not making sufficient, satisfactory progress toward meeting achieving, the goals, objectives and essential conditions set forth in section one-a, established in article articles one, one-d, and three-c of this chapter; and
(7) (6) The Council determines that it is in the best interests of the people of the state or a region of the state to create a statewide, independently accredited community and technical college.
(d) The Council may not make a determination subject to the provisions of subsection (c) of this section that a condition does not exist based upon a finding that the higher education entity lacks sufficient funds to make sufficient, satisfactory progress.
(e) By the first day of December annually, the Council shall prepare and file with the Legislative Oversight Commission on Education Accountability a written report on the findings and determinations required by this section, together with a detailed history of any actions taken by the Council under the authority of this article.
ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH DOCTORAL- GRANTING PUBLIC UNIVERSITIES.

§18B-3-3. Relationship of governing boards to the Commission and the Council.

(a) Relationship between the Commission and the governing boards. --
(1) The Commission functions as a state-level coordinating board exercising its powers and duties in relation to the governing boards of Marshall University and West Virginia University only as specifically prescribed by law;
(2) The primary responsibility of the Commission is to work collaboratively with the governing boards to research, develop and propose policy that will achieve the established goals and objectives set forth in this chapter and chapter eighteen-c of this code; and
(3) The Commission has specific responsibilities which include, but are not limited to, the following:
(A) Advocating for public higher education at the state level; and
(B) Collecting and analyzing data, researching, developing recommendations, and advising the Legislature and the Governor on broad policy initiatives, use of incentive funding, national and regional trends in higher education and issues of resource allocation involving multiple governing boards.
(b) Relationship between the Council and the governing boards. --
(1) The Council maintains all powers and duties assigned to it by law or policy relating to the administratively linked institution known as Marshall Community and Technical College, the administratively linked institution known as The Community and Technical College at West Virginia University Institute of Technology and the regional campus institution known as West Virginia University at Parkersburg;
(2) The Council functions as a coordinating board for the institutions under its jurisdiction which make up the statewide network of independently-accredited community and technical colleges. In addition to recognizing the authority assigned by law to the Council and abiding by rules duly promulgated by the Council relating to the community and technical colleges, it is the responsibility of the governing boards of Marshall University and West Virginia University to exercise their authority and carry out their responsibilities in a manner that is consistent with and complementary to the powers and duties assigned by law or policy to the community and technical colleges or to the Council;
(3) It is further the responsibility of the governing boards to abide by the rules duly promulgated by the Council relating to the community and technical colleges, to strengthen the community and technical college mission of these institutions, to aid them in meeting the essential conditions set forth in section three, article three-c of this chapter and to promote them to students, parents and the community as independently accredited institutions in their own right.
(c) The governing boards shall work collaboratively with the Commission, the Council and their staff to provide any and all information requested by the Commission or the Council in an appropriate format and in a timely manner.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-5. Appointment of community and technical college presidents.

(a) The administrative head of a community and technical college is the president who is chosen pursuant to the terms of section six, article one-b of this chapter.
(b) Any individual employed as provost, president, or divisional administrative head of an administratively linked a community and technical college on the thirtieth day of June, two thousand eight, which institution becomes independent on the effective date of this section, on the first day of January, two thousand four, continues as the administrative head of the institution and becomes the community and technical college president on the effective date of this section first day of July, two thousand eight, subject to the provisions of section six, article one-b of this chapter.
§18B-3C-8. Legislative findings and intent; statewide network of independently accredited community and technical colleges; operations and administration.

(a) Legislative findings. --
(1) The Legislature has enacted legislation, beginning with Enrolled Senate Bill No. 653, passed during the two thousand regular session, and continuing with Enrolled Senate Bill No. 703, passed during the two thousand one regular session, Enrolled House Bill No. 2224, passed during the two thousand three regular session, and Enrolled Senate Bill No. 448, passed during the two thousand four regular session, the purpose of which is to strengthen the state's community and technical colleges, clarify their core mission and establish essential conditions to be met, and ensure the most effective delivery of services to business, industry, and West Virginia citizens in every region of the state.
(2) The primary goal of the Legislature is to create a statewide network of independently accredited community and technical colleges that focuses on technical education, workforce training, and lifelong learning for the Twenty-first Century, consistent with the goals, objectives, priorities and essential conditions established in articles one, one-d and three-c of this chapter.
(3) A necessary precedent to accomplishing the legislative goal is to change the way that leaders at all levels of education, including institutional governing boards, view community and technical colleges. Specifically, that the mission of community and technical colleges is different from that of traditional four- year colleges in what they seek to accomplish and how they can achieve it effectively and that the state can not compete successfully in today's information-driven, technology-based economy if community and technical colleges continue to be viewed as add-ons or afterthoughts attached to the baccalaureate institutions.
(b) Legislative intent. --
(1) Therefore, it is the intent of the Legislature that the statewide network of independently-accredited community and technical colleges as a whole and each independent community and technical college individually provide the following types of services as part of the core institutional mission:
(A) Career and technical education certificate, associate of applied science, and selected associate of science degree programs for students seeking immediate employment, individual entrepreneurship skills, occupational development, skill enhancement and career mobility;
(B) Transfer education associate of arts and associate of science degree programs for students whose educational goal is to transfer into a baccalaureate degree program with particular emphasis on reaching beyond traditional college-age students to unserved or underserved adult populations;
(C) Developmental/remedial education courses, tutorials, skills development labs, and other services for students who need to improve their skills in mathematics, English, reading, study skills, computers and other basic skill areas;
(D) Work force development education contracted with business and industry to train or retrain employees;
(E) Continuing development assistance and education credit and noncredit courses for professional and self-development, certification and licensure, and literacy training; and
(F) Community service workshops, lectures, seminars, clinics, concerts, theatrical performances and other noncredit activities to meet the cultural, civic and personal interests and needs of the community the institution serves.
(2) It is further the intent of the Legislature that each community and technical college focus special attention on programmatic delivery of their core mission services to unserved and underserved populations to achieve established state objectives. These include the following as highest priorities:
(A) Increasing the number of adults age twenty-five and above who participate in post-secondary education;
(B) Developing technical programs that meet the documented occupational needs of West Virginia's employers;
(C) Providing workforce development programs by implementing the Adult Career Pathways Model, which provides opportunities for the following:
(i)Adults to earn certifications through the completion of skill-sets;
(ii) Ordered progression from skill-sets and certifications to one-year certificate programs and progression from one-year certificate degrees to Associate of Applied Science Degree programs, and
(iii) Students to exit at any stage of completion in order to enter employment with the option of continuing the pathway progression at a later time and/or on a part-time basis.
(D) Offering programs in various time frames other than the traditional semester delivery model and at different locations, including work sites, convenient to working adults;
(E) Providing technical programs in modules or "chunks", defined in competencies required for employment, and tied to certification and licensing requirements.
(F) Entering into collaborative programs that recognize high- quality training programs provided through labor unions, registered apprenticeships, and industry-sponsored training programs with the goal of enabling more adults to earn a college credential;
(G) Developing innovative approaches to improve the basic and functional literacy rates of West Virginians in all regions of the state;
(H) Developing "bridge programs" for disadvantaged youth and adults to enable them to acquire the skills necessary to be successful in education and training programs that lead to high- skills, high-wage jobs; and
(I) Providing access to post-secondary education through the delivery of developmental education for those individuals academically under-prepared for college-level work.
(c) In fulfillment of the purposes and intent defined in subsections (a) and (b) of this section, there is continued a statewide network of independently accredited community and technical colleges serving every region of the state. Each free- standing and independent community and technical college is strongly encouraged to serve as a higher education center for its region by brokering with other colleges, universities and providers, in-state and out-of-state, both public and private, to afford the most coordinated access to needed programs and services by students, employers and other clients, to achieve the goals, objectives, and essential conditions established in articles one, one-d, and three-c of this chapter, and to ensure the most efficient use of scarce resources.
(d) Statewide network of independently accredited community and technical colleges. --
(1) By the first day of July, two thousand nine, each governing board of a community and technical college which became independent on the first day of July, two thousand eight, shall make a determination by majority vote of the board whether to keep the current name for its respective institution or to select a new name. If a governing board chooses to select a new name, any reference in this code to that institution by a name in use prior to the first day of July, two thousand nine, means the institution under the name designated by its board of governors.
(2) The statewide network of independently accredited community and technical colleges is comprised of the following independent state institutions of higher education under the jurisdiction of the Council:
(A) Blue Ridge Community and Technical College. --
Blue Ridge Community and Technical College is an independently accredited state institution of higher education. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(B) The Community and Technical College at West Virginia University Institute of Technology. --
(i) The Community and Technical College at West Virginia University Institute of Technology is an independently accredited state institution of higher education which may maintain an association with West Virginia University Institute of Technology, a division of West Virginia University, or directly with West Virginia University, subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(ii) West Virginia University Institute of Technology may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the Council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and West Virginia University Institute of Technology or directly with West Virginia University, as appropriate. The final contract may not be implemented until approved by the Council except that any contract between the community and technical college and West Virginia University Institute of Technology or West Virginia University related to program delivery under the terms of this section in effect on the first day of July, two thousand eight, shall continue in effect until the first day of July, two thousand nine, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the Council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the Council. If the Council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between West Virginia University Institute of Technology and The Community and Technical College at West Virginia University Institute of Technology relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution.
(C) Eastern West Virginia Community and Technical College. --
Eastern West Virginia Community and Technical College is a free-standing state institution of higher education seeking independent accreditation. The president and the governing board of Eastern Community and Technical College are responsible for achieving independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(D) Marshall Community and Technical College. --
(i) Marshall Community and Technical College is an independently accredited state institution of higher education which may maintain an association with Marshall University subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(ii) Marshall University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the Council and through contract with Marshall Community and Technical College. The terms of the contract shall be negotiated between the governing boards of the community and technical college and Marshall University. The final contract may not be implemented until approved by the Council except that any contract between the community and technical college and Marshall University related to program delivery under the terms of this section in effect on the first day of July, two thousand eight, shall continue in effect until the first day of July, two thousand nine, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the Council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the Council. If the Council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by Marshall Community and Technical College.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between Marshall University and Marshall Community and Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution.
(E) New River Community and Technical College. --
(i) New River Community and Technical College is an independently accredited state institution of higher education which may maintain an association with Bluefield State College subject to the provisions of section twelve of this article. The community and technical college is headquartered in Beckley and incorporates the campuses of Greenbrier Community College Center of New River Community and Technical College and Nicholas Community College Center of New River Community and Technical College.
(ii) The president and the governing board of New River Community and Technical College are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(iii) Bluefield State College may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided through direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the Council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and Bluefield State College. The final contract may not be implemented until approved by the Council except that any contract between the community and technical college and Bluefield State College related to program delivery under the terms of this section in effect on the first day of July, two thousand eight, shall continue in effect until the first day of July, two thousand nine, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the Council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the Council. If the Council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by New River Community and Technical College.
(iv) Bluefield State College may continue the associate of science degree in nursing which is an existing nationally accredited associate degree program in an area of particular institutional strength and which is closely articulated to the baccalaureate program and mission. The program is of a high-cost nature and can best be provided through direct administration by a baccalaureate institution. This program may not be transferred to New River Community and Technical College or any other community and technical college as long as the program maintains national accreditation and is seamlessly coordinated into the baccalaureate program at the institution.
(v) New River Community and Technical College participates in the planning and development of a unified effort involving multiple providers to meet the documented education and workforce development needs in the region. Nothing in this subdivision prohibits or limits any existing, or the continuation of any existing, affiliation between Mountain State University, West Virginia University Institute of Technology and West Virginia University. The objective is to assure students and employers in the area that there is coordination and efficient use of resources among the separate programs and facilities, existing and planned, in the Beckley area.
(F) Pierpont Community and Technical College. --
(i) Pierpont Community and Technical College is an independent state institution of higher education seeking independent accreditation. The president and the governing board of Pierpont Community and Technical College, assisted by the president and governing board of Fairmont State University, are responsible for the community and technical college achieving independent accreditation and adhering to the essential conditions pursuant to sections three and thirteen of this article.
(ii) Fairmont State University may continue associate degree programs in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the Council and through contract with the community and technical college. The terms of the contract shall be negotiated between the Council and the governing board of Fairmont State University. The final contract may not be implemented until approved by the Council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the Council. If the Council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(iii) Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between Fairmont State University and Pierpont Community and Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution.
(G) Southern West Virginia Community and Technical College. -- Southern West Virginia Community and Technical College is an independently-accredited, free-standing state institution of higher education. The president and the governing board of Southern West Virginia Community and Technical College are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(H) West Virginia Northern Community and Technical College. -- West Virginia Northern Community and Technical College is an independently-accredited, free-standing state institution of higher education. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(I) West Virginia State Community and Technical College. --
(i) West Virginia State Community and Technical College is an independently accredited state institution of higher education which may maintain an association with West Virginia State University subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(ii) West Virginia State University may continue associate degree programs in areas of particular institutional strength which are closely articulated to its baccalaureate programs and missions or which are of a high-cost nature and can best be provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the Council and through contract with the community and technical college. The terms of the contract shall be negotiated between the governing boards of the community and technical college and West Virginia State University. The final contract may not be implemented until approved by the Council except that any contract between the community and technical college and West Virginia State University related to program delivery under the terms of this section in effect on the first day of July, two thousand eight, shall continue in effect until the first day of July, two thousand nine, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the Council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the Council. If the Council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(iii) (Dual credit course delivery agreements. --
(I) Nothing in this article alters or abrogates any agreement in place on the effective date of this section between West Virginia State University and West Virginia State Community and Technical College relating to delivery of dual credit courses as defined in section two, article one of this chapter;
(II) The community and technical college may deliver technical courses that are part of a certificate or associate degree program as early entrance or dual credit courses for high school students; and
(III) Subject to an agreement between the baccalaureate institution and the community and technical college, the latter may deliver early entrance and dual credit courses as defined in section two, article one of this chapter to students in high schools which are not served by the baccalaureate institution.
(J) West Virginia University at Parkersburg. --
(i) West Virginia University at Parkersburg is an independently accredited state institution of higher education which may maintain an association with West Virginia University subject to the provisions of section twelve of this article. The president and the governing board of the community and technical college are responsible for maintaining independent accreditation and adhering to the essential conditions pursuant to section three of this article.
(ii) Any contract between the community and technical college and West Virginia University related to program delivery under the authority of the Council or related to delivery of baccalaureate programs, in effect on the first day of July, two thousand eight, shall continue in effect unless amended or revoked by mutual agreement of the contract parties with approval by the Council.
(iii) In recognition of the unique and essential part West Virginia University at Parkersburg plays in providing education services in its region, the community and technical college may continue delivering baccalaureate degree programs offered at the institution on the effective date of this section and is strongly encouraged:
(I) To continue and expand its role as a higher education center pursuant to subsection (c) of this section; and
(II) To broker from West Virginia University and other higher education institutions, as appropriate, additional baccalaureate level degree programs the community and technical college determines are needed in its service region.
(III) Any baccalaureate degree programs offered at the community and technical college shall be delivered under the authority of the Commission and through contract with the baccalaureate institution. The terms of the contract shall be negotiated between the governing board of the community and technical college and the governing board of the institution providing the program. The program shall be evaluated according to the benchmarks and indicators for baccalaureate education developed by the Commission. If at any time the Commission determines that the program is making insufficient progress toward meeting the benchmarks, the community and technical college shall seek to broker the program from another source.
§18B-3C-12. Relationship between independent community and technical colleges and former sponsoring institutions.

(a) Intent and purposes. --
(1) It is the intent of the Legislature to establish community and technical colleges in every region of the state that meet the essential conditions of section three of this article and focus on achieving established state goals and objectives.
(2) The Legislature finds that, in order to increase efficiency, reduce costs and, generally, to facilitate the effective transition from community and technical colleges which are components of existing institutions of higher education to community and technical colleges which meet the essential conditions, it is appropriate to maintain an administrative link between the community and technical colleges and the sponsoring institutions.
(3) (2) This section defines the relationship between a community and technical college which was an administratively linked community and technical college and its to a sponsoring institution prior to the first day of July, two thousand eight.
(b) Where an independent independently accredited, community and technical college is was linked administratively to a sponsoring state college or university, in order to ensure efficient use of limited resources, or was designated as a regional campus or a division of another accredited state institution of higher education, prior to the first day of July, two thousand eight the following conditions apply:
(1) The community and technical college shall be accredited separately from the former sponsoring institution;
(2) All state funding allocations for the community and technical college shall be transferred directly to the community and technical college.
(3) The former sponsoring institution and the community and technical college shall agree to the fees the former sponsoring institution may charge fees for administrative overhead costs subject to a schedule approved by the Council.
(A) By the first day of December, two thousand four, The Council shall develop a new model, or select an existing model, for fee schedule model agreed to by the institutions shall delineate services to be provided by sponsoring institutions and the fees to be charged administratively linked to the community and technical colleges for the services;
(B) The fee schedule shall be based upon the reasonable and customary fee for any service, and shall bear a rational relationship to the cost of providing the service. Nothing in this paragraph requires the council to adopt a particular model for service delivery.
(C) Any contract between a community and technical college and its former sponsoring institution related to provision of services pursuant to subsection (c) of this section in effect on the first day of July, two thousand eight, shall continue in effect until the first day of July, two thousand nine, unless amended or revoked before that date by mutual agreement of the contracting parties.
(D) The former sponsoring institution shall continue to provide services pursuant to subsection (c) of this section as the governing board of the community and technical college considers appropriate under a negotiated contractual arrangement until the first day of July, two thousand eleven or the governing boards of both institutions mutually agree to end the contract arrangement.
(B) (4) With the approval of the Council, a An independent community and technical college and the sponsoring institution from which it obtains services may customize the fee schedule model to fit their needs.
(3) (5) Policies shall be formally established to ensure the separation of academic and faculty personnel policies of the community and technical college from those of the former sponsoring institution. These policies include, but are not limited to, appointment, promotion, workload and, if appropriate, tenure; and
(4) The Council may authorize a community and technical college to decline any service of the sponsoring institution provided in subsection (c) of this section if the Council determines that the service is not appropriate for the community and technical college or that declining the service is in the best interest of the community and technical college. Any service declined may be obtained from an alternate source with the approval of the Council.
(c) The former sponsoring institution which is was administratively linked to a community and technical college prior to the first day of July, two thousand eight, shall provide the following services subject to the provisions of subsection (b) of this section:
(1) Personnel management;
(2) Recordkeeping;
(3) Payroll;
(4) Accounting;
(5) Legal services;
(6) Registration;
(7) Student aid;
(8) Student records; and
(9) Such Any other services as determined to be necessary and appropriate by the Council.
(d) The institutional governing board shall appoint the president of the community and technical college, who serves at the will and pleasure of the governing board.
(d) Any disputes between an independent community and technical college and its former sponsoring institution, regarding their respective rights and responsibilities under this chapter of the code, which cannot be resolved by the governing boards, shall
be resolved as follows:
(1) The matters in dispute shall be summarized in writing and submitted to the chancellors jointly for resolution;
(2) If the matters in dispute cannot be resolved by the chancellors within thirty days, they shall be submitted to the Council and Commission for resolution;
(3) If the Commission and Council jointly cannot reach a resolution following their first regularly scheduled meeting or within sixty days, whichever is sooner, the chairpersons of the Commission and Council respectively shall establish a three-person panel to hear the matters and issue a decision within thirty days:
(A) The three-person panel is comprised of one person appointed by the chairperson of the Commission, one person appointed by the chairperson of the Council, and one person appointed jointly by the two chairpersons.
(B) The decision rendered by the three-person panel is binding on the governing boards, Commission and Council, and may not be challenged in the courts of this state.

(e) The governing board of the community and technical college and the Council are responsible for the step-by-step development of the community and technical college and for compliance with the essential conditions, all as required by this article.
(f) The president of the community and technical college has such responsibilities, powers and duties in the development of the community and technical college and in compliance with the essential conditions, as directed by the governing board or as are necessary for the proper implementation of the provisions of this act.
(g) Notwithstanding any other provision of this code to the contrary, the Commission shall take necessary steps to ensure that institutional bonded indebtedness is secure and that each administratively linked community and technical college assumes its fair share of any institutional debt acquired while it was part of the baccalaureate institution.
(h) The community and technical college is encouraged to secure academic services from the former sponsoring institution when it is in their best interests of and beneficial to the students to be served. the community and technical college and the sponsoring institution. In determining whether or not to secure services from the former sponsoring institution, the community and technical college shall consider the following:
(1) The cost of the academic services;
(2) The quality of the academic services;
(3) The availability, both as to time and place, of the academic services; and
(4) Such other considerations as the community and technical college finds appropriate taking into account the best interests of the students to be served, the community and technical college, and the former sponsoring institution. Nothing in this article prohibits any state institution of higher education from purchasing or brokering remedial or developmental courses from a community and technical college.
§18B-3C-13. Legislative intent; Pierpont Community and Technical College established as independent state institution of higher education; governing board; institutional organization, structure, accreditation status.

(a) The intent of the Legislature in enacting this section is to provide for the most effective education delivery system for community and technical education programs to the entire region to be served by Pierpont Community and Technical College and to focus the institutional mission on achieving state goals, objectives, priorities, and essential conditions as established in articles one, one-d, and three-c of this chapter.
(b) Pierpont Community and Technical College is established as an independent state institution of higher education. Any reference in this code to Fairmont State Community and Technical College or to Pierpont Community and Technical College, a division of Fairmont State University, means the independent state institution of higher education known as Pierpont Community and Technical College.
(c) Effective the first day of July, two thousand eight, the board of advisors for Pierpont Community and Technical College is the governing board for that institution subject to the provisions of article two-a of this chapter. The administrative head of Pierpont Community and Technical College on the thirtieth day of June, two thousand eight, is the president of the independent community and technical college subject to the provisions of section five of this article.
(d) In the delivery of community and technical college education and programs, Pierpont Community and Technical College shall adhere to all provisions set forth in this code and rules promulgated by the Council for the delivery of education and programs, including, but not limited to, Council review and approval of academic programs, institutional compacts, master plans, fee schedule and services agreements, and tuition and fee rates, including capital fees.
(e) Pierpont Community and Technical College shall pursue independent accreditation status and the board of governors of the community and technical college shall provide through contractual arrangement for the administration and operation of Pierpont Community and Technical College by Fairmont State University while the community and technical college seeks appropriate independent accreditation. The contractual arrangement may not be implemented until approved by the Council and shall include provisions to ensure that the programs offered at Pierpont Community and Technical College are accredited while independent accreditation is being sought. Fairmont State University shall continue to provide services to the community and technical college which the community and technical college or the Council considers necessary or expedient in carrying out its mission under the terms of an agreement between the two institutions pursuant to the provisions of section twelve of this article.
(f) The Council has the authority and the duty to take all steps necessary to assure that the institution acquires independent accreditation status as quickly as possible. If the community and technical college fails to achieve independent accreditation by the first day of July, two thousand eleven, the Council shall sever any contractual agreement between Pierpont Community and Technical College and Fairmont State University and assign the responsibility for achieving independent accreditation to another state institution of higher education.
§18B-3C-14. Findings; intent; advanced technology centers established; administration; boards of advisors.

(a) Findings. --
(1) The Legislature finds that ninety percent of the high- demand, high-wage new economy occupations require education and training beyond high school. Technology has permeated every industry requiring higher skill levels for technician-level occupations. Technician skills, learning capacities and adaptability to changing technologies affect the viability both of individual employers and entire industries. Unless West Virginia takes immediate steps to produce additional skilled workers to replace the aging and retiring workforce, the state faces a critical shortage of technician-level workers which it must have to ensure economic growth. State employers must have access to a technically proficient workforce able to keep pace with the changing nature of occupations in the global economy and educating and training this technician-level workforce is a vital component in the state's plan for economic development.
(2) The Legislature further finds that establishment of advanced technology centers will increase the capacity of West Virginia's community and technical colleges to deliver state-of- the-art technical education and training. The centers will serve as models for the most effective delivery of technician-level education and training with the potential to develop programs of excellence that attract participants from outside the state adding to their value as an economic stimulus. The centers serve as catalysts for state and regional economic development by educating and training a highly skilled technical workforce capable of meeting both the current and emerging needs of West Virginia employers.
(b) Legislative intent. --
(1) It is the intent of the Legislature to establish advanced technology centers to provide advanced instruction capable of meeting the current and future demands of occupations requiring technical skills including the following:
(A) Addressing skills sets needed for emerging and high technology businesses and industries which are of vital importance to expanding the economy of the State;
(B) Training and retraining personnel for West Virginia's new and existing business and industries;
(C) Providing instruction in strategic technical program areas that advances the economic development initiatives of the state and regions within the state by providing access to a skilled workforce for companies expanding or locating in West Virginia;
(D) Providing a setting for collaboration in the delivery of technical programs among community and technical colleges, secondary career-technical education and baccalaureate institutions;
(E) Invigorating teaching by providing models for program delivery that can be shared and replicated at all state community and technical colleges; and
(F) Developing student interest in pursuing technical occupations through exposure to advanced technologies.
(2) It is further the intent of the Legislature that programming offered by the centers be driven by the needs of state and local employers and economic development considerations. Centers shall be constructed with the flexibility to accommodate various programs simultaneously and to react quickly to adjust programming as employer and economic development demands change. They are furnished with state-of-the-art equipment conducive to delivering advanced technology programs and to providing students with real-world experiences that reflect industry standards. Education and training at the centers includes delivery of credit and non-credit instruction, seminars, skill sets, industry recognized certifications, certificates and associate degree programs. Curricula is designed in modular and other innovative formats allowing for open entry and open exit, compressed time frames, skill upgrades, and easy transfer from career-technical centers and other education providers. Centers shall embrace and promote collaborative programming among community and technical colleges and other providers of education and training programs and serve as receiving sites for programs to be delivered by community and technical colleges utilizing distance education, simulation and other collaborative, innovative approaches to increase the capacity of the community and technical college network to deliver technical education.
(c) Boards of Advisors. --
(1) There is hereby established a board of advisors for each advanced technology center in the state specifically to provide advice, assistance and programmatic oversight to the president of the community and technical college, director of the center, and others involved in its operation in areas relevant to program delivery and general operation of the center. In order to be successful, each center must act assertively to develop collaborative partnerships with employers, community and technical colleges in its service region, and local economic development entities. It is the responsibility of the board of advisors to promote this vital participation.
(A) For a center which has a single participating community and technical college in its service region, the board of governors of the institution is designated as the board of advisors for the center.
(B) For a center which has more than one participating community and technical college in its service region, the board of advisors consists of eleven members, of which a minimum of seven shall represent employers located in the region served by the center.
(i) The advisory board provides guidance to all governing boards and consists of the following members:
(I) Two members from the board of governors of each participating community and technical college which is located in the center's service region, appointed by the board of governors of each institution.
(II) One member representing regional economic development entities, appointed by the Council, with advice from the governing boards of the appropriate community and technical colleges; and
(III) Sufficient at-large members appointed by the Council, with advice from the governing boards of the appropriate community and technical colleges, to fill the remaining seats equal to a membership of eleven.
(ii) Members of an advisory board serve staggered terms of up to four years beginning on the first day of September, two thousand eight, except that five of the initial appointments to an advisory board are for terms of two years and six of the initial appointments are for terms of four years. Each member who qualifies under the provisions of this section may serve for no more than one additional term. The Council shall fill a vacancy in an unexpired term of a member for the unexpired term within thirty days of the occurrence of the vacancy in the same manner as the original appointment.
(iii) The chancellor for community and technical college education shall call the first meeting of the board of advisors and shall serve as chairperson until a permanent chairperson is elected.
(iv) The president of each community and technical college located in the center's service region shall make resources available for conducting the business of the center's board of advisors. The presidents of the institutions shall work collaboratively to provide support for conducting board business.
(2) Each board of advisors, including each board of governors when sitting as a board of advisors, shall hold at least one regular meeting during each quarter of the fiscal year including an annual meeting in June for the purpose of electing a chairperson and other officers as the board considers appropriate.
(A) Additional meetings may be held at the call of the chairperson or upon written request of five or more members of the advisory board.
(B) Officers serve a term of one year beginning on the first day of July and ending on the thirtieth day of June, except for the fiscal year beginning on the first day of July, two thousand eight, terms begin on the first day of September, two thousand eight and end on the thirtieth day of June, two thousand nine.
(C) One of the members representing employers shall be elected to serve as chairperson at the annual meeting in June except, for the fiscal year beginning on the first day of July, two thousand eight, the chairperson and other officers shall be elected in September, two thousand eight, and their terms shall expire on the thirtieth day of June, two thousand nine. A member may not serve as chairperson for more than two consecutive terms.
§18B-3C-15. Transition oversight.
(a) The Legislative Oversight Commission on Education Accountability is charged with responsibility to monitor and oversee implementation of the policy changes required by this act.
(b) The responsibilities include, but are not limited to, the following:
(1) Reviewing the overall progress of the Council, the Commission and state institutions of higher education in implementing the provisions of this act;
(2) Monitoring the development of the rules related to financing policy and benchmarks and indicators pursuant to section six, article two-b of this chapter;
(3) Monitoring the development of the statewide master plan for community and technical college education and the institutional compacts pursuant to sections five and seven, article one-d of this chapter;
(4) Monitoring the development of the Council's state compact pursuant to section six, article one-d of this chapter; and
(5) Monitoring the changes in institutional relationships including development or changes in contractual arrangements for services pursuant to section twelve of this article and delivery of dual credit and baccalaureate-level courses;
(c) The provisions of this section expire the thirtieth day of June, two thousand nine.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-3. Faculty salary policies; reductions in salary prohibited; salary increase upon promotion in rank.

(a) Each governing board shall establish and maintain a faculty salary policy that is competitive and which furthers the goals of attracting, retaining and rewarding high quality faculty.
(b) The salary of any full-time faculty member may not be reduced by the provisions of this article.
(c) Upon promotion in rank, each faculty member shall receive a salary increase of up to ten percent., as determined by the salary policy adopted by the governing board.
On motion of Senator Deem, the following amendments to the Finance committee amendment to the bill (Eng. Com. Sub. for H. B. No. 3215) were reported by the Clerk and considered simultaneously:
On page eighty-six, section eight, subsection (d), subdivision (2), paragraph (J), subparagraph (i), after the words "section three of this article" by changing the period to a colon and inserting following proviso: Provided, That notwithstanding any other part of this code, West Virginia University at Parkersburg shall maintain the same relationship with West Virginia University as it enjoyed on January 1, 2008 with the same rights and benefits.;
And,
On page eighty-seven, section eight, subsection (d), subdivision (2), paragraph (J), subparagraph (iii), by striking out all of clause (III).
Following discussion,
The question being on the adoption of Senator Deem's amendments to the Finance committee amendment to the bill, and on this question, Senator Deem demanded the yeas and nays.
To which demand, Senator Bailey objected.
Thereafter, Senator Deem's demand for a roll call was sustained.
The roll being taken, the yeas were: Barnes, Boley, Caruth, Deem, Facemyer, Guills, Hall, Helmick, McKenzie, Minard, Sprouse, Sypolt, Unger, Wells and Yoder--15.
The nays were: Bailey, Bowman, Chafin, Edgell, Fanning, Foster, Green, Hunter, Jenkins, Kessler, Love, McCabe, Oliverio, Plymale, Prezioso, Stollings, White and Tomblin (Mr. President)--18.
Absent: Sharpe--1.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Deem's amendments to the Finance committee amendment to the bill (Eng. Com. Sub. for H. B. No. 3215) rejected.
On motion of Senator Prezioso, the following amendments to the Finance committee amendment to the bill were next reported by the Clerk, considered simultaneously, and adopted:
On page eighty-two, section eight, subsection (d), subdivision (2), paragraph (F), subparagraph (ii), after the words "approved by the Council" by inserting the words "except that any contract between the community and technical college and Fairmont State University related to program delivery under the terms of this section in effect on the first day of July, two thousand eight, shall continue in effect until the first day of July, two thousand nine, unless amended or revoked before that date by mutual agreement of the contract parties with approval by the Council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the Council";
On page ninety-one, section twelve, subsection (c), subdivision (9), by striking out the word "Council" and inserting in lieu thereof the words "the board of governors of the former sponsoring institution and the board of governors of the community and technical college";
And,
On page ninety-four, section thirteen, subsection (d), after the word "plans" by striking out the comma and the words "fee schedule and service agreements,".
On motion of Senator Plymale, the following amendments to the Finance committee amendment to the bill (Eng. Com. Sub. for H. B. No. 3215) were next reported by the Clerk, considered simultaneously, and adopted:
On page eighty-six, section eight, subsection (d), subdivision (2), paragraph (J), subparagraph (iii), after the word "section" by inserting a comma and the words "may implement additional baccalaureate programs with the approval of the Commission";
On page eighty-seven, section eight, subsection (d), subdivision (2), paragraph (J), subparagraph (iii), clause (III), by striking out the words "and through contract with the baccalaureate institution. The terms of the contract shall be negotiated between the governing board of the community and technical college and the governing board of the institution providing the program";
And,
On page eighty-seven, section eight, subsection (d), subdivision (2), paragraph (J), subparagraph (iii), clause (III), by striking out the following: If at any time the Commission determines that the program is making insufficient progress toward meeting the benchmarks, the community and technical college shall seek to broker the program from another source.
The question now being on the adoption of the Finance committee amendment to the bill, as amended, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 3215), as amended, was then ordered to third reading.
Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senator Deem regarding the adoption of Senator Deem's amendment to the Finance committee amendment to Engrossed Committee Substitute for House Bill No. 3215 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for House Bill No. 4010, Removing the limitation on terms for members on the board of library directors.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4016, Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Eng. House Bill No. 4017, Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 4036, Granting the board of Respiratory Care Practitioners rulemaking authority and the issuance of temporary permits to students.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4078, Relating to the termination of the Blennerhassett Island Historical State Park Commission.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
B
y striking out everything after the enacting clause and inserting in lieu thereof the following:
That º29-8-2, º29-8-3, º29-8-4 and º29-8-5 of the Code of West Virginia, 1931, as amended be repealed; that º29-8-1 of said code be amended and reenacted; and that º20-5-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 8. BLENNERHASSETT ISLAND HISTORICAL STATE PARK COMMISSION.
§29-8-1. Blennerhassett Island Historical State Park Commission termination.

The Blennerhassett Island Historical State Park Commission shall cease to exist on the first day of July, two thousand eight. The termination of the commission is exempt from the wind down provisions of section twelve, article ten, chapter four of this code. All members of the commission duly appointed and serving shall cease to hold the office or perform the duties that the office may provide. All property, real or tangible, all powers, expressed or implied, and all authority granted to the commission transfers to the Division of Natural Resources effective upon passage of this section.
ARTICLE 5. PARKS AND RECREATION.
§20-5-3. Section of parks and recreation; purpose; powers and duties generally.

The purposes of the section of parks and recreation shall be to promote conservation by preserving and protecting natural areas of unique or exceptional scenic, scientific, cultural, archaeological or historic significance and to provide outdoor recreational opportunities for the citizens of this state and its visitors. It shall be the duty of the section of parks and recreation to have within its jurisdiction and supervision:
(a) All state parks and recreation areas, including all lodges, cabins, swimming pools, motorboating and all other recreational facilities therein, except the roads heretofore transferred pursuant to section one, article four, chapter seventeen of this code to the state road system and to the responsibility of the commissioner of highways with respect to the construction, reconstruction and maintenance of the roads or any future roads for public usage on publicly owned lands for future state parks, state forests and public hunting and fishing areas;
(b) The authority and responsibility to do the necessary cutting and planting of vegetation along road rights-of-way in state parks and recreational areas;
(c) The administration of all laws and regulations relating to the establishment, development, protection, use and enjoyment of all state parks and state recreational facilities consistent with the provisions of this article;
(d) The continued operation and maintenance of the Berkeley Springs historical state park, in Morgan County, as a state recreational facility, designated the Berkeley Springs sanitarium under prior enactment of this code;
(e) The continued operation and maintenance of that portion of Washington Carver camp in Fayette County formerly incorporated within the boundaries of Babcock state park;
(f) The continued operation and maintenance of Camp Creek state park as a state recreational facility, formerly delineated according to section three, article one-a, chapter nineteen of this code;
(g) The continued operation and maintenance of Moncove Lake state park as a state recreational facility, formerly delineated pursuant to enactment of section thirteen, article one, chapter five-b of this code in the year one thousand nine hundred ninety;
(h) The continued protection, operation and maintenance of approximately seventy-five miles of right-of-way along the former Greenbrier subdivision of the Chessie railroad system between Caldwell in Greenbrier County and Cass in Pocahontas County, designated the Greenbrier river trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property; and
(i) The continued protection, operation and maintenance of approximately sixty and fifty-seven one-hundredths miles of right- of-way of the CSX railway system between Walker in Wood County and Wilsonburg in Harrison County, designated the North Bend rail trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property; and
(j) The continued development, operation and maintenance of Blennerhassett Island Historical State park, including all the property, powers and authority previously held by the Blennerhassett Island Historical State Park Commission formerly delineated pursuant to article eight, chapter twenty-nine of this
code
.
The bill (Eng. H. B. No. 4078), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. H. B. No. 4078) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4078) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. House Bill No. 4078-- A Bill to repeal º29-8-2, º29-8-3, º29-8-4 and º29-8-5 of the Code of West Virginia, 1931, as amended; to amend and reenact º29-8-1 of said code; to amend and reenact º20-5-3, all relating to the termination of the Blennerhassett Island Historical State Park Commission; exempting the termination of the commission from the wind down provisions of §4-10-12; and providing for the transfer of all remaining property and authority of the commission to the Division of Natural Resources parks and recreation section.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4129, Revising licensing requirements for professional licensing boards, including authorizing a special volunteer license for health care professionals.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause 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 §30-1-18; that §30-3- 10a of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §30-3-16a; that said code be amended by adding thereto two new sections, designated §30-4-8a and §30-4-10a; that said code be amended by adding thereto a new section, designated §30-5-10a; that said code be amended by adding thereto a new section, designated §30-7-6a; that said code be amended by adding thereto a new section, designated §30-8-5a; that said code be amended by adding thereto a new section, designated §30-14A-5; that said code be amended by adding thereto a new section, designated §30-20-8a; that said code be amended by adding thereto a new section, designated §30-21-16; and that said code be amended by adding thereto a new section, designated §30-28-8a, all to read as follows:

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO STATE BOARDS.

§30-1-18. Retired, volunteer and inactive status licenses.

(a) Every board referred to in this chapter may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish licensure criteria and continuing education requirements for retired, volunteer and inactive licenses.
(b) If a board which establishes licensure criteria as authorized in this section does not establish specific continuing education requirements, the retired, volunteer or inactive licensees shall comply with the same continuing education requirements as established by the respective boards for an active license.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-10a. Special volunteer medical license; civil immunity for voluntary services rendered to indigents.

(a) There is hereby established a special volunteer medical license for physicians retired or retiring from the active practice of medicine who wish to donate their expertise for the medical care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer medical license shall be issued by the West Virginia board of medicine to physicians licensed or otherwise eligible for licensure under this article and the rules promulgated hereunder without the payment of any application fee, license fee or renewal fee, shall be issued for a fiscal year or part thereof, and shall be renewable annually. The board shall develop application forms for the special license provided for in this subsection which shall contain the physician's acknowledgment that: (1) The physician's practice under the special volunteer medical license will be exclusively and totally devoted to providing medical care to needy and indigent persons in West Virginia; (2) the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any medical services rendered under the special volunteer medical license; (3) the physician will supply any supporting documentation that the board may reasonably require; and (4) the physician agrees to continue to participate in continuing medical education as required of physicians in active practice.
(b)
Any physician who renders any medical service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer medical license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service at the clinic unless the act or omission was the result of the physician's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the physician and the clinic pursuant to which the physician will provide voluntary noncompensated medical services under the control of the clinic to patients of the clinic before the rendering of any services by the physician at the clinic: Provided, That any clinic entering into such written agreement shall be required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (a) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge shall not be relieved from imputed liability for the negligent acts of a physician rendering voluntary medical services at or for the clinic under a special volunteer medical license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section ten of this article and in the legislative rules promulgated hereunder, except the fee requirements of subsections (b) and (d) of said section and of the legislative rule promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer medical license to any physician whose medical license is or has been subject to any disciplinary action or to any physician who has surrendered a medical license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her medical license, or who has elected to place a medical license in inactive status in lieu of having a complaint initiated or other action taken against his or her medical license, or who have been denied a medical license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any physician covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a physician who holds a special volunteer medical license:
Provided, That this subsection shall not apply to a terminated policy, terminated contract of liability insurance or extended reporting endorsement attached thereto that provides "tail insurance" as defined by section two, article twenty-d, chapter thirty-three of this code: Provided further, That nothing within this subsection shall be construed to extend coverage under a terminated policy or terminated contract of liability insurance or any extended reporting endorsement attached thereto to (1) alter or amend the effective policy period of any policy, contract of liability insurance or extended reporting endorsement or (2) cover the treatment of indigent and needy patients by a physician who holds a special volunteer medical license.
§30-3-16a. Special volunteer physician assistant license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer physician assistant license for physician assistants retired or retiring from the active practice of medicine who wish to donate their expertise for the medical care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer physician assistant license shall be issued by the West Virginia Board of Medicine to physician assistants licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, and the initial license shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the physician assistant's acknowledgment that:
(1) The physician assistant's practice under the special volunteer physician assistant license will be exclusively devoted to providing medical care to needy and indigent persons in West Virginia;
(2) The physician assistant will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any medical services rendered under the special volunteer physician assistant license;
(3) The physician assistant will supply any supporting documentation that the board may reasonably require; and
(4) The physician assistant agrees to continue to participate in continuing education as required by the board for the special volunteer physician assistant license.
(b) Any physician assistant who renders any medical service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer physician assistant license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation, is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service at the clinic unless the act or omission was the result of the physician assistant's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the physician assistant and the clinic pursuant to which the physician assistant will provide voluntary uncompensated medical services under the control of the clinic to patients of the clinic before the rendering of any services by the physician assistant at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a physician assistant rendering voluntary medical services at or for the clinic under a special volunteer physician assistant license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section sixteen of this article and in the legislative rules promulgated thereunder, except the fee requirements of subsection (n) of that section and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer physician assistant license to any physician assistant whose license is or has been subject to any disciplinary action or to any physician assistant who has surrendered a physician assistant license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her license, or who has elected to place a physician assistant license in inactive status in lieu of having a complaint initiated or other action taken against his or her license, or who has been denied a physician assistant license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any physician assistant covered under the provisions of this article, shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a physician assistant who holds a special volunteer physician assistant license.
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-8a. Special volunteer dental license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer dental license for dentists retired or retiring from the active practice of dentistry who wish to donate their expertise for the dental care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer dental license shall be issued by the West Virginia board of dental examiners to dentists licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of a application fee, license fee or renewal fee, shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the dentist's acknowledgment that:
(1) The dentist's practice under the special volunteer dental license will be exclusively devoted to providing dental care to needy and indigent persons in West Virginia;
(2) The dentist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any dental services rendered under the special volunteer dental license;
(3) The dentist will supply any supporting documentation that the board may reasonably require; and
(4) The dentist agrees to continue to participate in continuing dental education as required by the board for a special volunteer dental license.
(b) Any dentist who renders any dental service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer dental license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the dental service at the clinic unless the act or omission was the result of the dentist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the dentist and the clinic pursuant to which the dentist will provide voluntary uncompensated dental services under the control of the clinic to patients of the clinic before the rendering of any services by the dentist at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a dentist rendering voluntary dental services at or for the clinic under a special volunteer dental license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section eight of this article and in the legislative rules promulgated thereunder, except the fee requirements of subdivision six of that section and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer dental license to any dentist whose dental license is or has been subject to any disciplinary action or to any dentist who has surrendered a dental license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her dental license, or who has elected to place a dental license in inactive status in lieu of having a complaint initiated or other action taken against his or her dental license, or who has been denied a dental license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any dentist covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a dentist who holds a special volunteer dental license.
§30-4-10a. Special volunteer dental hygienist license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer dental hygienist license for dental hygienists retired or retiring from the active practice of dental hygiene who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer dental hygienist license shall be issued by the West Virginia board of dental examiners to dental hygienists licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the dental hygienist's acknowledgment that:
(1) The dental hygienist's practice under the special volunteer dental hygienist license will be exclusively devoted to providing dental hygiene care to needy and indigent persons in West Virginia;
(2) The dental hygienist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any dental hygiene services rendered under the special volunteer dental hygienist license;
(3) The dental hygienist will supply any supporting documentation that the board may reasonably require; and
(4) The dental hygienist agrees to continue to participate in continuing professional education as required by the board for the special volunteer dental hygienist.
(b) Any dental hygienist who renders any dental hygiene service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer dental hygienist license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the dental hygiene service at the clinic unless the act or omission was the result of the dental hygienist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the dental hygienist and the clinic pursuant to which the dental hygienist will provide voluntary uncompensated dental hygiene services under the control of the clinic to patients of the clinic before the rendering of any services by the dental hygienist at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a dental hygienist rendering voluntary dental hygiene services at or for the clinic under a special volunteer dental hygienist license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section ten of this article and in the legislative rules promulgated thereunder, except the fee requirements of subdivision six of that section and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer dental hygienist license to any dental hygienist whose license is or has been subject to any disciplinary action or to any dental hygienist who has surrendered a license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her dental hygienist license, or who has elected to place a dental hygienist license in inactive status in lieu of having a complaint initiated or other action taken against his or her license, or who has been denied a dental hygienist license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any dental hygienist covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a dental hygienist who holds a special volunteer dental hygienist license.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND
PHARMACIES.

§30-5-10a. Special volunteer pharmacist license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer pharmacist license for pharmacists retired or retiring from the active practice of pharmaceutical care who wish to donate their expertise for the pharmaceutical care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer pharmacist license shall be issued by the West Virginia Board of Pharmacy to pharmacists licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, and the initial license shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the pharmacist's acknowledgment that:
(1) The pharmacist's practice under the special volunteer pharmacist license will be exclusively devoted to providing pharmaceutical care to needy and indigent persons in West Virginia;
(2) The pharmacist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any pharmaceutical services rendered under the special volunteer pharmacist license;
(3) The pharmacist will supply any supporting documentation that the board may reasonably require; and
(4) The pharmacist agrees to continue to participate in continuing professional education as required by the board for the special volunteer pharmacist license.
(b) Any pharmacist who renders any pharmaceutical service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer pharmacist license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the pharmaceutical service at the clinic unless the act or omission was the result of the pharmacist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the pharmacist and the clinic pursuant to which the pharmacist will provide voluntary uncompensated pharmaceutical services under the control of the clinic to patients of the clinic before the rendering of any services by the pharmacist at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a pharmacist rendering voluntary pharmaceutical services at or for the clinic under a special volunteer pharmacist license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section five of this article and in the legislative rules promulgated thereunder, except the fee requirements of subsection (b) of that section and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer pharmacist license to any pharmacist whose license is or has been subject to any disciplinary action or to any pharmacist who has surrendered a license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her license, or who has elected to place a pharmacist license in inactive status in lieu of having a complaint initiated or other action taken against his or her license, or who has been denied a pharmacist license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any pharmacist covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a pharmacist who holds a special volunteer pharmacist license.
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-6a. Special volunteer registered professional nurse license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer license for registered professional nurses retired or retiring from the active practice of nursing who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer registered professional nurse license shall be issued by the West Virginia board of examiners for registered professional nurses to registered professional nurses licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the registered professional nurse's acknowledgment that:
(1) The registered professional nurse's practice under the special volunteer registered professional nurse license will be exclusively devoted to providing nursing care to needy and indigent persons in West Virginia;
(2) The registered professional nurse will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any nursing services rendered under the special volunteer registered professional nurse license;
(3) The registered professional nurse will supply any supporting documentation that the board may reasonably require; and (4) The registered professional nurse agrees to continue to participate in continuing education as required by the board for the special volunteer registered professional nurse license.
(b) Any registered professional nurse who renders nursing service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer registered professional nurse license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the nursing service at the clinic unless the act or omission was the result of the registered professional nurse's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the registered professional nurse and the clinic pursuant to which the registered professional nurse will provide voluntary uncompensated nursing services under the control of the clinic to patients of the clinic before the rendering of any services by the registered professional nurse at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a registered professional nurse rendering voluntary nursing services at or for the clinic under a special volunteer registered professional nurse license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section six of this article and in the legislative rules promulgated thereunder, except the fee requirements of that section and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer registered professional nurse license to any registered professional nurse whose license is or has been subject to any disciplinary action or to any registered professional nurse who has surrendered his or her license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her license, or who has elected to place a registered professional nurse license in inactive status in lieu of having a complaint initiated or other action taken against his or her license, or who has been denied a registered professional nurse license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any registered professional nurse covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a registered professional nurse who holds a special volunteer registered professional nurse license.
ARTICLE 8. OPTOMETRISTS.
§30-8-5a. Special volunteer certificate of registration; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer certificate of registration for optometrists retired or retiring from the active practice of optometry who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer certificate of registration shall be issued by the West Virginia board of optometry to optometrists registered or otherwise eligible for registration under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, and shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special certificate of registration provided in this subsection which shall contain the optometrist's acknowledgment that:
(1) The optometrist's practice under the special volunteer certificate of registration will be exclusively devoted to providing optometrical care to needy and indigent persons in West Virginia;
(2) The optometrist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any optometrical services rendered under the special volunteer certificate of registration;
(3) The optometrist will supply any supporting documentation that the board may reasonably require; and
(4) The optometrist agrees to continue to participate in continuing education as required by the board for a special volunteer optometrist license.
(b) Any optometrist who renders any optometrical service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer certificate of registration authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the optometrical service at the clinic unless the act or omission was the result of the optometrist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the optometrist and the clinic pursuant to which the optometrist will provide voluntary uncompensated optometrical services under the control of the clinic to patients of the clinic before the rendering of any services by the optometrist at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of an optometrist rendering voluntary optometrical services at or for the clinic under a special volunteer certificate of registration authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for registration" means the satisfaction of all the requirements for registration as listed in section five of this article and in the legislative rules promulgated thereunder, except the fee requirements of section seven of this article and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer certificate of registration to any optometrist whose certificate of registration is or has been subject to any disciplinary action or to any optometrist who has surrendered a certificate of registration or caused such registration to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her registration, or who has elected to place a certificate of registration in inactive status in lieu of having a complaint initiated or other action taken against his or her registration, or who has been denied a certificate of registration.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any optometrist covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by an optometrist who holds a special volunteer certificate of registration.
ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.

§30-14A-5. Special volunteer osteopathic physician assistant certification; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer osteopathic physician assistant certificate for osteopathic physician assistants retired or retiring from the active practice of osteopathy who wish to donate their expertise for the medical care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer osteopathic physician assistant certificate shall be issued by the West Virginia Board of Osteopathy to osteopathic physician assistants certified or otherwise eligible for certification under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, shall be issued for and the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special certificate provided in this subsection which shall contain the osteopathic physician assistant's acknowledgment that:
(1) The osteopathic physician assistant's practice under the special volunteer osteopathic physician assistant certificate will be exclusively devoted to providing osteopathic care to needy and indigent persons in West Virginia;
(2) The osteopathic physician assistant will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any osteopathic services rendered under the special volunteer osteopathic physician assistant certificate;
(3) The osteopathic physician assistant will supply any supporting documentation that the board may reasonably require; and
(4) The osteopathic physician assistant agrees to continue to participate in continuing education as required by the board for a special volunteer osteopathic physician assistant license.
(b) Any osteopathic physician assistant who renders any osteopathic service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer osteopathic physician assistant certificate authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation, is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the osteopathic service at the clinic unless the act or omission was the result of the osteopathic physician assistant's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the osteopathic physician assistant and the clinic pursuant to which the osteopathic physician assistant will provide voluntary uncompensated medical services under the control of the clinic to patients of the clinic before the rendering of any services by the osteopathic physician assistant at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of an osteopathic physician assistant rendering voluntary medical services at or for the clinic under a special volunteer osteopathic physician assistant certificate authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for certification" means the satisfaction of all the requirements for certification as listed in section one of this article and in the legislative rules promulgated thereunder. The term does not include the fee requirement of section three of this article or of legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer osteopathic physician assistant certificate to any osteopathic physician assistant whose certificate is or has been subject to any disciplinary action or to any osteopathic physician assistant who has surrendered an osteopathic physician assistant certificate or caused such certificate to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her certificate, or who has elected to place an osteopathic physician assistant certificate in inactive status in lieu of having a complaint initiated or other action taken against his or her certificate, or who has been denied an osteopathic physician assistant certificate.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any osteopathic physician assistant covered under the provisions of this article, shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by an osteopathic physician assistant who holds a special volunteer osteopathic physician assistant certificate.
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-8a. Special volunteer physical therapist license, physical therapist assistant license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer license for physical therapists or physical therapy assistants, as the case may be, retired or retiring from active practice who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer license provided by this section shall be issued by the West Virginia board of physical therapy to physical therapists or physical therapist assistants licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, and the initial license shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the applicant's acknowledgment that:
(1) The applicant's practice under the special volunteer license will be exclusively devoted to providing physical therapy care to needy and indigent persons in West Virginia;
(2) The applicant will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any physical therapy services rendered under the special volunteer license;
(3) The applicant will supply any supporting documentation that the board may reasonably require; and
(4) The applicant agrees to continue to participate in continuing education as required of by the board for a special volunteer physical therapists or physical therapist assistants license, as the case may be.
(b) Any physical therapist or physical therapist assistant who renders any physical therapy service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the physical therapy service at the clinic unless the act or omission was the result of gross negligence or willful misconduct on the part of the physical therapist or physical therapist assistant. In order for the immunity under this subsection to apply, there must be a written agreement between the physical therapist or physical therapist assistant and the clinic pursuant to which the physical therapist or physical therapist assistant will provide voluntary uncompensated physical therapy services under the control of the clinic to patients of the clinic before the rendering of any services by the physical therapist or physical therapist assistant at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a physical therapist or physical therapist assistant rendering voluntary physical therapy services at or for the clinic under a special volunteer license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure for a physical therapist or physical therapist assistant, as the case may be, as listed in section six of this article and in the legislative rules promulgated thereunder, except the fee requirements of subsection (e) of that section and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer license to any physical therapist or physical therapist assistant whose license is or has been subject to any disciplinary action or to any physical therapist or physical therapist assistant who has surrendered a license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her license, or who has elected to place a license in inactive status in lieu of having a complaint initiated or other action taken against his or her license, or who has been denied a license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any physical therapist or physical therapist assistant covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a physical therapist or physical therapist assistant who holds a special volunteer license.
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§30-21-16. Special volunteer psychologists license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer psychologists license for psychologists retired or retiring from the active practice of psychology who wish to donate their expertise for the psychological care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer psychologist license shall be issued by the West Virginia Board of Examiners of Psychologists to psychologists licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, and the initial license shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the psychologist's acknowledgment that:
(1) The psychologist's practice under the special volunteer psychologists license will be exclusively devoted to providing psychological care to needy and indigent persons in West Virginia;
(2) The psychologist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any psychological services rendered under the special volunteer psychological license;
(3) The psychologist will supply any supporting documentation that the board may reasonably require; and
(4) The psychologist agrees to continue to participate in continuing education as required by the board for a special volunteer psychologists license.
(b) Any psychologist who renders any psychological service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer psychologist license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation, is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the psychological service at the clinic unless the act or omission was the result of the psychologist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the psychologist and the clinic pursuant to which the psychologist will provide voluntary uncompensated psychological services under the control of the clinic to patients of the clinic before the rendering of any services by the psychologists at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a psychologist rendering voluntary psychological services at or for the clinic under a special volunteer psychological license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section seven of this article and in the legislative rules promulgated thereunder, except the fee requirements of subsection (d) of that section and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer psychologist license to any psychologist whose license is or has been subject to any disciplinary action or to any psychologist who has surrendered a psychologist license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her license, or who has elected to place a psychologist license in inactive status in lieu of having a complaint initiated or other action taken against his or her license, or who has been denied a psychologist license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any psychologist covered under the provisions of this article, shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a psychologist who holds a special volunteer psychologist license.
ARTICLE 28. WEST VIRGINIA OCCUPATIONAL THERAPY PRACTICE ACT.

§30-28-8a. Special volunteer occupational therapist license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer occupational therapist license for occupational therapists retired or retiring from the active practice of occupational therapy who wish to donate their expertise for the care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer occupational therapist license shall be issued by the West Virginia board of occupational therapy to occupational therapists licensed or otherwise eligible for licensure under this article and the legislative rules promulgated hereunder without the payment of an application fee, license fee or renewal fee, and the initial license shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licencing requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the occupational therapist's acknowledgment that:
(1) The occupational therapist's practice under the special volunteer occupational therapist license will be exclusively devoted to providing occupational therapy care to needy and indigent persons in West Virginia;
(2) The occupational therapist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any occupational therapy services rendered under the special volunteer occupational therapist license;
(3) The occupational therapist will supply any supporting documentation that the board may reasonably require; and
(4) The occupational therapist agrees to continue to participate in continuing education as required by the board for a special volunteer occupational therapists license.
(b) Any occupational therapist who renders any occupational therapy service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer occupational therapist license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the occupational therapy service at the clinic unless the act or omission was the result of the occupational therapist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the occupational therapist and the clinic pursuant to which the occupational therapist will provide voluntary uncompensated occupational therapy services under the control of the clinic to patients of the clinic before the rendering of any services by the occupational therapist at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of an occupational therapist rendering voluntary occupational therapy services at or for the clinic under a special volunteer occupational therapist license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section eight of this article and in the legislative rules promulgated thereunder, excepting the fee requirements of subsection (a), section eleven of this article and of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the board to issue a special volunteer occupational therapist license to any occupational therapist whose occupational therapist license is or has been subject to any disciplinary action or to any occupational therapist who has surrendered an occupational therapist license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her occupational therapist license, or who has elected to place an occupational therapist license in inactive status in lieu of having a complaint initiated or other action taken against his or her occupational therapist license, or who has been denied an occupational therapist license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any occupational therapist covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by an occupational therapist who holds a special volunteer occupational therapist license.
The bill (Eng. Com. Sub. for H. B. No. 4129), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4129) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4129) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4129--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-18; to amend and reenact §30-3-10a of said code; to amend said code by adding thereto a new section, designated §30-3-16a; to amend said code by adding thereto two new sections, designated §30-4-8a and §30-4-10a; to amend said code by adding thereto a new section, designated §30-5-10a; to amend said code by adding thereto a new section, designated §30-7-6a; to amend said code by adding thereto a new section, designated §30-8-5a; to amend said code by adding thereto a new section, designated §30- 14A-5; to amend said code by adding thereto a new section, designated §30-20-8a; to amend said code by adding thereto a new section, designated §30-21-16; and to amend said code by adding thereto a new section, designated §30-28-8a, all relating to the establishment of special, retired, volunteer and inactive licenses for certain professions and occupations; special volunteer medical license; exception as to terminated policy with "tail insurance"; no extended coverage for certain circumstances; providing legislative rulemaking authority to the respective boards to set licensure criteria and continuing education; providing for special volunteer licenses for certain health care providers providing volunteer services; waiving certain licensing fees; and providing civil immunity for special volunteer licenses for certain health care providers.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4129) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4139, Relating to licensing persons using bioptic telescopic devices to operate a motor vehicle.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On page five, section one, lines thirty-two and thirty-three, by striking out the words " Commercial Motor Vehicle Safety Act of 1986, Title XII of public law 99-570" and inserting in lieu thereof the words "Motor Carrier Safety and Improvement Act of 1999";
On page eight, section one, line eighty-four, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page eight, section one, line ninety-two, by striking out the words "A nondriver" and inserting in lieu thereof the word "An";
On page eight, section one, line ninety-seven, by striking out all of paragraph (B);
And relettering the remaining paragraphs;
On page nine, section one, line one hundred eight, by striking out the word "nondriver";
And,
On page ten, section one, lines one hundred thirty-eight and one hundred thirty-nine, by striking out the following: The identification card shall be surrendered to the division when the holder is issued a driver's license.
The bill (Eng. Com. Sub. for H. B. No. 4139), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4139) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4139) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4156, Permitting a governing body of a municipality to place a lien on property in an amount equal to the demolition and removal of a hazardous structure.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page four, section sixteen, lines forty-two through forty- three, by striking out the words "of demolition and removal of the property incurred by the municipality; and," and inserting in lieu thereof the words "incurred by the municipality for repairing, altering or improving, or of vacating and closing, removing or demolishing any dwelling or building; and".
The bill (Eng. Com. Sub. for H. B. No. 4156), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4157, Allowing insurers who have been suspended from writing new policies to continue to service existing policies.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page two, section one, line nine, after the word "effect," by inserting the words "and as authorized by the commissioner,".
The bill (Eng. Com. Sub. for H. B. No. 4157), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4157) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4157) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4157) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4337, Authorizing the Board of Barbers and Cosmetologists to increase fees for one year.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4381, Relating to an assigned risk plan and guaranty association account for workers' compensation insurance.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4383, Awarding service revolver upon retirement to state fire marshal.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-32. Awarding service weapon upon retirement of fire marshal or service weapon.

(a) Upon the retirement of a state fire marshal, any full-time deputy fire marshal or any full-time assistant fire marshal employed by the state fire marshal pursuant to section eleven of this article, the State Fire Commission shall award to the retiring member his or her service weapon, without charge, upon determining:
(1) That the retiring member is retiring honorably with at least twenty years of service; or
(2) The retiring member is retiring with less than twenty years of service based upon a determination that the member is totally physically disabled as a result of his or her service with the state fire marshal.
(b) Notwithstanding the provisions of subsection (a) of this section, the State Fire Commission may not award a service weapon to any member whom the State Fire Commissioner finds to be mentally incapacitated or who constitutes a danger to any person or the community.
(c) If a service weapon is taken out of service due to routine wear, the fire marshal may offer the service weapon for sale to any active or retired state fire marshal, assistant state fire marshal or deputy state fire marshal, at fair market value, with the proceeds from any sales used to offset the cost of new service weapons. The disposal of service weapons pursuant to this subsection does not fall within the jurisdiction of the purchasing division of the department of administration.
The bill (Eng. Com. Sub. for H. B. No. 4383), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4383) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Barnes--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4383) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4383--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-32, all relating to fire marshal service weapons; providing for awarding service weapon to any active or retired state fire marshal, a deputy fire marshal or assistant fire marshal; and providing for the sale of service weapon when taken out of service due to routine wear.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4386, Authorizing municipalities to create an annual vacant property registration.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-16a. Registration of uninhabitable property.

(a) The governing body of a municipality may, by ordinance, establish a property registration for any real property improved by a structure that is uninhabitable and violates the applicable building code adopted by the municipality. An owner of real property subject to the registration shall be assessed a fee as provided by the ordinance.
(b) The mayor of the municipality shall appoint a code enforcement officer to investigate and determine whether real property violates provisions of the applicable building code of the municipality.
(c) After inspecting the property, if the officer determines the property is uninhabitable and violates the applicable building code, then:
(1) The officer shall post a written notice on the property which shall include:
(A) An explanation of the violation(s);
(B) A description of the registration;
(C) The date the fee will be assessed;
(D) An explanation of how to be removed from the registration;
(E) An explanation of the appeals process; and
(F) A statement that if the fee is not paid, then the property is subject to forfeiture; and
(2) Within five business days of the inspection and the posting of the property, the officer shall, by certified mail, send a copy of the notice that was posted to the owner(s) of the property at the last known address according to the county property tax records.
(d) Within forty-five days of receipt of the notification by the owner(s), the property owner may:
(1) Make and complete any repairs to the property that violate the applicable building code; or
(2) Provide written information to the officer showing that repairs are forthcoming in a reasonable period of time.
(e) After the repairs are made, the owner may request a reinspection of the property to ensure compliance with the applicable building code. If the officer finds the violations are fixed, the owner is not subject to the registration and no fee will be incurred.
(f) The officer may reinspect the property at any time to determine where in the process the repairs fall.
(g) Within ninety days of receipt of the notification by the owner(s), the property owner has the right to appeal the decision of the officer to the enforcement agency, created in section sixteen, article twelve of this chapter.
(h) If an appeal is not filed within ninety days, the property is registered and the fee is assessed to the owner(s) on the date specified in the notice. The notice of the fee shall be recorded in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes.
(i) If the enforcement agency affirms the registration and assessment of the registration fee, the property owner has the right to appeal the decision of the enforcement agency to the circuit court within thirty days of the decision. If the decision is not appealed in a timely manner to the circuit court, then the property is registered and the fee is assessed on the date specified in the notice. The notice of the fee shall be recorded in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes.
(j) A fee assessed under this section shall be recorded in the same manner as a lien is recorded in the office of the clerk of the county commission of the county.
(k) If the fee is paid, then the municipality shall record a release of the fee in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes.
(l) If an owner fails to pay the fee, then the officer shall annually post the written notice on the property and send the written notice to the owner(s) by certified mail.
(m) If a registration fee remains delinquent for two years from the date it was placed on record in the clerk of the county commission in which the property is located and assessed, the municipality may take action to receive the subject property by means of forfeiture. Should the municipality take the steps necessary to receive the subject property, the municipality then becomes the owner of record and takes the property subject to all liens and real and personal property taxes.
The bill (Eng. Com. Sub. for H. B. No. 4386), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4389, Removing requirement that resident violators of traffic laws be required to sign citations.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4394, Restoring the licensure exemption for certain contractors of manufactured housing installation.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4420, Imposing corporate net income tax on certain regulated investment companies and real estate investment trusts used as tax sheltering vehicles.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4636, Making changes to workers' compensation insurance.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §5A-3-10a 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 §23-2-1-20; that said code be amended by adding thereto a new section, designated §23-2-9a; that §23-2C-3, §23-2C-15 and §23-2C-17 of said code be amended and reenacted; that §23-4-7b of said code be amended and reenacted; and that §23-5-1 and §23-5-11 of said code be amended and reenacted, all to read as follows:

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 3. PURCHASING DIVISION.
§5A-3-10a. Prohibition for awarding contracts to vendors which owe a debt to the state or its political subdivisions.

(a) Unless the context clearly requires a different meaning, for the purposes of this section, the terms:
(1) "Debt" means any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment, fine, permit violation, license assessment, amounts owed to the workers' compensation funds as defined in article two-c, of chapter twenty-three of this code, penalty or other assessment or surcharge presently delinquent or due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon.
(2) "Debtor" means any individual, corporation, partnership, association, limited liability company or any other form or business association owing a debt to the state or any of its political subdivisions, and includes any person or entity that is in employer default.
(3) "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, article two-c, chapter twenty-three, of this code, failure to maintain mandatory workers' compensation coverage, or failure to fully meet its obligations as a workers' compensation self-insured employer. An employer is not in employer default if it has entered into a repayment agreement with the Insurance Commissioner and remains in compliance with the obligations under the repayment agreement.
(3) (4) "Political subdivision" means any county commission; municipality; county board of education; any instrumentality established by a county or municipality; any separate corporation or instrumentality established by one or more counties or municipalities, as permitted by law; or any public body charged by law with the performance of a government function and whose jurisdiction is coextensive with one or more counties or municipalities.
(4) (5) "Related party" means a party, whether an individual, corporation, partnership, association, limited liability company or any other form or business association or other entity whatsoever, related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership or other interest with the vendor so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceeds five percent of the total contract amount.
(b) No contract or renewal of any contract may be awarded by the state or any of its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor and:
(1) The debt owed is an amount greater than one thousand dollars in the aggregate; or
(2) The debtor is in employer default.
(c) The prohibition of this section does not apply where a vendor has contested any tax administered pursuant to chapter eleven of this code, amount owed to the workers' compensation funds as defined in article two-c, of chapter twenty-three of this code, permit fee or environmental fee or assessment and the matter has not become final or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement.
(d) All bids, contract proposals or contracts with the state or any of its political subdivisions submitted or approved under the provisions of this code shall include an affidavit that the vendor, prospective vendor or a related party to the vendor or prospective vendor is not in employer default and does not owe any debt in an amount in excess of one thousand dollars or, if a debt is owed, that the provisions of subsection (c) of this section apply.
CHAPTER 23. WORKERS' COMPENSATION.

ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.

§23-1-20. Employment preference for employees in workers' compensation litigation unit.

(a) The Legislature finds that, as claims against the workers' compensation Old Fund continue to decrease, persons currently employed on a permanent basis by the Attorney General in the workers' compensation litigation unit may soon face layoffs due to the decreasing workload. The Legislature hereby declares that such employees should have certain preferences if they seek continued employment with the state.
(b) Notwithstanding any provision of this code to the contrary, any person, not a temporary or probationary employee, employed by the Attorney General in the workers' compensation litigation unit who is laid off as a result of a decreased workload, shall be afforded the opportunity to transfer to other state employment if he or she is an employee in good standing at the time of the layoff.
(c) The Attorney General shall establish and maintain, for a period of two years, a list of all employees who are eligible for employment due to a layoffs pursuant to this section, and who wish to remain eligible for employment with the state. The Attorney General shall give priority to any person on the list for employment in an available position equivalent to the position that person held in the workers' compensation litigation unit unless the Attorney General determines that the person is less qualified than other applicants for the position.
(d) Notwithstanding any other provision of this code to the contrary, the Division of Personnel shall maintain, for a period of two years, a list of employees who were laid off as a result of the reduction in the work force occasioned by the decreasing work load of the workers' compensation litigation unit within the office of the Attorney General. Any such employee shall be given preference in hiring for any position in classified or exempt service for which he or she is qualified and applies. The Director of the Division of Personnel may propose for promulgation, in accordance with the provisions of article three, chapter twenty-nine-a of this code, a legislative rule to effectuate the requirements of this section.

ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO THIS CHAPTER; EXTRATERRITORIAL COVERAGE.

§23-2-9a. Sanctions for default by self-insured employers; rulemaking authority.

Whenever the authority of an employer to self-insure its obligations under this chapter is terminated and such employer is thereafter in default in the payment of any portion of surcharges or assessments required under this chapter or by 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, such employer shall be ineligible for government contracts to the same extent as an employer in "employer default," as provided for in section ten-a, article three, chapter five-a of this code, and shall also be subject to the license and permit revocation and termination sanctions to the same extent as employers in "employer default" pursuant to the provisions of subdivision (1), subsection (e), section nineteen, article two-c of this chapter.
The Insurance Commissioner shall propose rules, as provided in section five, article two-c of this chapter, establishing administrative pe nalties for nonpayment of obligations under this chapter .
ARTICLE 2C. EMPLOYERS' MUTUAL INSURANCE COMPANY.
§23-2C-3. Creation of employer mutual as successor organization of the West Virginia Workers' Compensation Commission.

(a) (1) 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) (A) Insure employers against liability for injuries and occupational diseases for which their employees may be entitled to receive compensation pursuant to this chapter twenty-three of this code and federal Longshore and Harbor Workers' Compensation Act, 33 U. S. C. §901, et seq.;
(2) (B) Provide employer's liability insurance incidental to and provided in connection with the insurance specified in subdivision (1) paragraph (A) of this subdivision, including coal-workers' pneumoconiosis coverage and employer excess liability coverage as provided in this chapter; and
(3) (C) Transact such other kinds of property and casualty insurance for which the company is otherwise qualified under the provisions of this code.
(4) (2) The company shall may 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, chapter thirty-three of this code. 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 of this code. 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 subdivision (4) of this subsection, the Insurance Commissioner may waive other requirements imposed on mutual insurance companies by the provisions of chapter thirty-three of this code as the Insurance Commissioner determines is are 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 the 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 are 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 article two, chapter six-c 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 the termination, private carriers, including the company, shall not be are not subject to payment of premium taxes, surcharges and credits contained in article three, chapter thirty-three of this code on premiums received for coverage under this chapter. In lieu thereof, the workers' compensation insurance market shall be is subject to the following:
(1) (A) Each fiscal year, the Insurance Commissioner shall calculate a percentage surcharge to be collected by each private carrier from its policyholders. 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 policyholder's premium payment and deductible payments as a surcharge and remitted to the Insurance Commissioner. Said surcharge shall be remitted within ninety days of receipt of premium payments;
(B) With respect to fiscal years beginning on and after the first day of July, two thousand eight, in lieu of the surcharge set forth in the preceding paragraph, each private carrier shall collect a surcharge in the amount of five and five-tenths percent of the premium collected plus the total of all premium discounts based on deductible provisions that were applied: Provided, That prior to the thirtieth day of June, two-thousand thirteen, and every five years thereafter, the commissioner shall review the percentage surcharge and determine a new percentage as he or she deems necessary.
(C) The amounts required to be collected under paragraph (B) of this subdivision shall be remitted to the Insurance Commissioner on or before the twenty-fifth day of the month succeeding the end of the quarter in which they are collected, except for the fourth quarter for which the surcharge shall be remitted on or before the first day of March of the succeeding year.
(2) Each fiscal year, the Insurance Commissioner shall calculate a percentage surcharge to be remitted on a 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 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 of this code. The surcharge shall be calculated so as to only defray the costs associated with the administration of this chapter and the funds raised shall not be used for any other purpose;
(3) (A) Upon termination of the commission, the company and all other Each private carriers carrier shall collect a premiums surcharge from their its policyholders 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 policyholder's periodic premium amount for workers' compensation insurance: Provided, That the surcharge rate on policies issued or renewed on or after the first day of July, two thousand eight shall be nine percent of the premium collected plus the total of all premium discounts based on deductible provisions that were applied.
(B) Additionally, by 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 pursuant to this subdivision 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 paragraphs (A) and (B), subdivision (3), subsection (f) of this section shall sunset and not be are not 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 of this 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-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 Each employer 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 are 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 is subject to all applicable provisions of chapter thirty-three of this code.
(c) Every employer shall post a notice upon its premises in a conspicuous place identifying its 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 of the insurer and of the person to contact with questions about a claim. 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 policyholders, 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.
(d) Any rule promulgated by the 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 regard to any liability under this chapter shall be fully enforceable by the Insurance Commissioner against any such the employer.
(e) Effective the first day of January, two thousand nine, the company may decline to offer coverage to any applicant. Effective Private carriers and, 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 thirty days' written advance notice to the policyholder and may refuse 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 or for refusal to comply with a premium audit is effective after fifteen ten days advance written notice of cancellation to the policyholder.
(f) Every private carrier shall notify the Insurance Commissioner or his or her designee of as follows: (1) of The the issuance or renewal of insurance coverage, within ten calendar thirty
days of (A) the effective date of coverage, or (B) the private carrier's receipt of notice of the employer's operations in this state, whichever is later; and (2) of a termination of coverage by the private carrier due to lapse, refusal to renew or cancellation, within three business at least ten days of prior to the effective date of the termination; and (3) of a termination of coverage by an employer, within ten days of the private carrier's receipt of the employer's request for such termination; such the notifications shall be on forms developed or in a manner prescribed by the Insurance Commissioner.
(g) For the purposes of subsections (e) and (f) of this section, the transfer of a policyholder between insurance companies within the same group is not considered a cancellation or refusal to renew a workers' compensation insurance policy.
§23-2C-17. Administration of a competitive system.
(a) Every policy of insurance issued by a private carrier:
(1) Shall be in writing;
(2) Shall contain the insuring agreements and exclusions; and
(3) If it contains a provision inconsistent with this chapter, it shall be deemed to be reformed to conform with this chapter.
(b) The Workers' Compensation Board of Managers Industrial Council shall promulgate a rule which prescribes the requirements of a basic policy to be used by private carriers.
(c) A private carrier or self-insured employer may enter into a contract to have his or her its plan of insurance administered by a third-party administrator including the company. A private carrier shall not enter into a contract with any person for the administration of any part of the plan of insurance unless that person maintains an office in this state and has if the administrator is licensed or registered with the Insurance Commissioner of this state in accordance with article forty-six, chapter thirty-three of the code. Notwithstanding any other provision of this code to the contrary, any third-party administrator who, directly or indirectly, underwrites or collects charges or premiums from, or adjusts or settles claims on residents of this state, in connection with workers
' compensation coverage offered or provided by an insurer, is subject to the provisions of article forty-six, chapter thirty-three of this code to the same extent as those persons included in the definition set forth in subsection (a), section two of said article. The Insurance Commissioner shall propose rules, as provided in section five, article two-c of this chapter , to regulate the use of third-party administrators by private carriers and self-insured employers, including rules setting forth mandatory provisions for agreements between third-party administrators and self-insured employers or private carriers.
(d) A self-insured employer or a private carrier may:
(1) Enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to employees for injuries and diseases that are compensable pursuant to chapter twenty-three of this code. The managed care plan must be approved pursuant to the provisions of section three, article four of this chapter.
(2) Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, or private carrier has contracted or as the self-insured employer or private carrier otherwise prescribes.
(3) Except for emergency care, require employees to obtain the approval of the self-insured employer or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer or private carrier.
(e) A private carrier or self-insured employer may inquire about and request medical records of an injured employee that concern a preexisting medical condition that is reasonably related to the industrial injury of that injured employee.
(f) An injured employee must sign all medical releases necessary for the insurer of his or her employer to obtain information and records about a preexisting medical condition that is reasonably related to the industrial injury of the employee and that will assist the insurer to determine the nature and amount of workers' compensation to which the employee is entitled.
ARTICLE 4. DISABILITY AND DEATH BENEFITS.

§23-4-7b. Trial return to work; Insurance Commissioner to develop rules.

(a) The Legislature hereby finds and declares that it is in the interest of employees, and employers and the commission that injured employees be encouraged to return to work as quickly as possible after an injury and that appropriate protections be afforded to injured employees who return to work on a trial basis.
(b) Notwithstanding any other provisions of this chapter to the contrary, the injured employee shall not have his or her eligibility to receive temporary total disability benefits terminated when he or she returns to work on a trial basis as set forth in this section. An employee is eligible to return to work on a trial basis when he or she is released to work on a trial basis by the treating physician. The Insurance Commissioner shall propose rules, as provided in section five, article two-c of this chapter, establishing criteria for providing employers the option of allowing employees, following an injury, to return to work on a trial basis and for the suspension of temporary total benefits during a period of trial return to work.
(c) When an injured employee returns to work on a trial basis, the employer shall provide a trial return-to-work notification to the commission. Upon receipt of the notification, the commission shall note the date of the first day of work pursuant to the trial return and shall continue the claimant's eligibility for temporary total disability benefits, but shall temporarily suspend the payment of temporary total disability benefits during the period actually worked by the injured employee. The claim shall be closed on a temporary total disability basis either when the injured employee or the authorized treating physician notifies the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, that the injured employee is able to perform his or her job or automatically at the end of a period of three months from the date of the first day of work unless the employee notifies the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, that he or she is unable to perform the duties of the job, whichever occurs first. If the injured employee is unable to continue working due to the compensable injury for a three-month period, the injured employee shall provide notice and temporary total disability benefits shall be reinstated immediately and he or she shall be referred for a rehabilitation evaluation as provided in section nine of this article. No provision of this section shall be construed to prohibit the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, from referring the injured employee for any permanent disability evaluation required or permitted by any other provision of this article.
(d) Nothing in this section shall prevent the employee from returning to work without a trial return-to-work period.
(e) Nothing in this section shall be construed to require an injured employee to return to work on a trial basis.
(f) The provisions of this section shall be terminated and be of no further force and effect on the first day of July, two thousand seven.
ARTICLE 5. REVIEW.

§23-5-1. Notice by commission or self-insured employer of decision; procedures on claims; objections and hearing.

(a) The Workers' Compensation Commission, the successor to the commission, other Insurance Commissioner, private insurance carriers and self-insured employers may hear and determine all questions within their jurisdiction. In matters arising under articles three and four of this chapter, the commission, the successor to the commission, other Insurance Commissioner private insurance carriers and self-insured employers shall promptly review and investigate all claims. The parties to a claim shall file the information in support of their respective positions as they consider proper. In addition, the commission, the successor to the commission, other private insurance carriers and self-insured employers may develop additional information that it considers to be necessary in the interests of fairness to the parties and in keeping with their fiduciary obligations are the claimant and, if applicable, the claimant's dependants, and the employer, and with respect to claims involving funds created in article two-c of this chapter for which he or she has been designated the administrator, the Insurance Commissioner. In claims in which the employer had coverage on the date of the injury or last exposure, the employer's carrier has sole authority to act on the employer's behalf in all aspects related to litigation of the claim. With regard to any issue which is ready for a decision, the commission, the successor to the commission, other Insurance Commissioner, private insurance carriers and carrier or self-insured employers employer, whichever is applicable, shall promptly send the decision to all parties, including explain the basis of its decisions decision.  As soon as practicable after receipt of the claim, but in no event later than the date of the initial decision on the claim, the Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, shall send the claimant a brochure approved by the Insurance Commissioner setting forth the claims process.
(b) (1) Except with regard to interlocutory matters, and those matters set forth in subsection (d) of this section, upon making any decision, upon making or refusing to make any award or upon making any modification or change with respect to former findings or orders, as provided by section sixteen, article four of this chapter, the commission, the successor to the commission, other private insurance carriers and self-insured employers Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, shall give notice, in writing, to the employer, employee, claimant or dependant as the case may be, parties to the claim of its action. The notice shall state the time allowed for filing an objection a protest to the finding. The action of the commission, the successor to the commission, other private insurance carriers and self-insured employers Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, is final unless the decision is protested within sixty days the employer, employee, claimant or dependant shall, within thirty days after the receipt of such decision the notice, object in writing, to the finding. Unless an objection a protest is filed within the thirty-sixty-day period, the finding or action is final. This time limitation is a condition of the right to litigate the finding or action and hence jurisdictional. Any objection protest shall be filed with the Office of Judges with a copy served upon the parties to the claim commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, and other parties in accordance with the procedures set forth in sections eight and nine of this article. In all instances where a private carrier, self-insured employer or a third-party administrator has made claims decisions as authorized in this chapter, they shall provide claimants notice of all claims decisions as provided by rules for self-administration promulgated by the board of managers and shall be bound by each requirement imposed upon the commission by this article. An employer may protest decisions incorporating findings made by the Occupational Pneumoconiosis Board, decisions made by the Insurance Commissioner acting as administrator of claims involving funds created in article two-c of this chapter, or decisions entered pursuant to subdivision (1), subsection (c), section seven-a, article four of this chapter.
(2) (A) With respect to every application for benefits filed on or after the first day of July, two thousand eight, in which a decision to deny benefits is protested and the only controversy relating to compensability is whether the application was properly filed as a new claim or a reopening of a previous claim, the party that denied the application shall begin to make conditional payment of benefits and must promptly give notice to the Office of Judges that another identifiable person may be liable. The Office of Judges shall promptly order the appropriate persons be joined as parties to the proceeding: Provided, That at any time during a proceeding in which conditional payments are being made in accordance with the provisions of this subsection, the office of judges may, pending final determination of the person properly liable for payment of the claim, order that such conditional payments of benefits be paid by another party.
(B) Any conditional payment made pursuant to paragraph (A) of this subdivision shall not be deemed an admission or conclusive finding of liability of the person making such payments. When the administrative law judge has made a determination as to the party properly liable for payment of the claim, he or she shall direct any monetary adjustment or reimbursement between or among the Insurance Commissioner, private carriers and self-insured employers as is necessary.
(C) The Office of Judges may direct that:
(i) An application for benefits be designated as a petition to reopen, effective as of the original date of filing;
(ii) A petition to reopen be designated as an application for benefits, effective as of the original date of filing; or
(iii) An application for benefits or petition to reopen filed with the Insurance Commissioner, private carrier or self-insured employer be designated as an application or petition to reopen filed with another private carrier, self-insured employer or Insurance Commissioner.
(c) Where an employer protests a written decision entered pursuant to a finding or determination of the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable, is protested only by the employer of the Occupational Pneumoconiosis Board, a decision on a claim made by the Insurance Commissioner acting as the administrator of a fund created in article two-c of this chapter, or decisions entered pursuant to subdivision (1), subsection (c), section seven-a, article four of this chapter, and the employer does not prevail in its protest, and in the event the claimant is required to attend a hearing by subpoena or agreement of counsel or at the express direction of the commission or Office of Judges, then the claimant in addition to reasonable traveling and other expenses shall be reimbursed for loss of wages incurred by the claimant in attending the hearing.
(d) The commission, the successor to the commission, other private insurance carriers and Insurance Commissioner, private carrier or self-insured employers employer, whichever is applicable may amend, correct or set aside any order or decision on any issue entered by it which, at the time of issuance or any time thereafter after that, is discovered to be defective or clearly erroneous or the result of mistake, clerical error or fraud, or with respect to any order or decision denying benefits, otherwise not supported by the evidence, Jurisdiction to take this action but any protest filed prior to entry of the amended decision is a protest from the amended decision unless and until the administrative law judge before whom the matter is pending enters an order dismissing the protest as moot in light of the amendment. Jurisdiction to issue an amended decision pursuant to this subsection continues until the expiration of two years from the date of entry of an order a decision to which the amendment is made unless the order decision is sooner affected by appellate action: Provided, That corrective actions in the case of fraud may be taken at any time an action of an administrative law judge or other judicial officer or body: Provided, That corrective actions in the case of fraud may be taken at any time.
(e) All objections to orders of the commission, the successor to the commission, other private insurance carriers and self-insured employers, whichever is applicable shall be styled in the name of the issuing entity. All appeals prosecuted from the office of judges shall be in the name of the issuing party. In all actions under this article, the Workers' Compensation Commission shall be the party in interest unless the parties to the appeal are limited to a claimant and a self-insured employer.
§23-5-11. Workers' Compensation Board of Review generally.

(a) On the thirty-first day of January, two thousand four, the Workers' Compensation Appeal Board heretofore established in this section is hereby abolished.
(b) There is hereby created the "Workers' Compensation Board of Review", which may also be referred to as "the Board of Review" or "the board". Effective the first day of February, two thousand four, the Board of Review shall exercise exclusive jurisdiction over all appeals from the Workers' Compensation Office of Judges including any and all appeals pending with the Board of Appeals on the thirty-first day of January, two thousand four.
(c) The board shall consist consists of three members.
(d) The Governor shall appoint, from names submitted by the "Workers' Compensation Board of Review Nominating Committee", with the advice and consent of the Senate, three qualified attorneys to serve as members of the Board of Review. If the Governor does not select a nominee for any vacant position from the names provided by the nominating committee, he shall notify the nominating committee of that circumstance and the committee shall provide additional names for consideration by the Governor. A member of the Board of Review may be removed by the Governor for official misconduct, incompetence, neglect of duty, gross immorality or malfeasance and then only after notice and opportunity to respond and present evidence. No more than two of the members of the board may be of the same political party. The members of the Board of Review shall be paid an annual salary of eighty-five thousand dollars: Provided, that on and after the first day of July, two thousand eight the Governor shall set the salary of the members of the Board. Members are entitled to be reimbursed for actual and necessary travel expenses incurred in the discharge of official duties in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration.
(e) The nominating committee shall consist consists of the following members: (1) The President of the West Virginia State Bar who will serve serves as the chairperson of the committee; (2) an active member of the West Virginia State Bar Workers' Compensation Committee selected by the major trade association representing employers in this state; (3) an active member of the West Virginia State Bar Workers' Compensation Committee selected by the highest ranking officer of the major employee organization representing workers in this state; (4) the Dean of the West Virginia University School of Law; and (5) the Chairman of the Judicial Investigation Committee.
(f) The nominating committee is responsible for reviewing and evaluating candidates for possible appointment to the Board of Review by the Governor. In reviewing candidates, the nominating committee may accept comments from and request information from any person or source.
(g) Each member of the nominating committee may submit up to three names of qualified candidates for each position on the Board of Review: Provided, That the member of the nominating committee selected by the major trade organization representing employers of this state shall submit at least one name of a qualified candidate for each position on the board who either is, or who represents, small business employers of this state. After careful review of the candidates, the committee shall select a minimum of one candidate for each position on the board.
(h) No later than the first day of November, two thousand three, the nominating committee shall present to the Governor its list of candidates for the initial Board of Review. The Governor shall appoint the initial board no later than the thirty-first day of December, two thousand three: Provided, That upon the thirty-first day of December, two thousand three, the deadline for filling all positions of the Board of Review will be extended, as necessary, if, on or before that date, the Governor has timely requested additional names from the nominating committee. Thereafter, The nominating committee shall meet at the request of the Governor in order to make timely recommendations to the Governor for appointees to the board as the initial and subsequent terms expire or become vacant. The recommendations shall be submitted no later than thirty days prior to the expiration of any term.
(i) (h) Of the initial appointments, one member shall be appointed for a term ending the thirty-first day of December, two thousand six; one member shall be appointed for a term ending the thirty-first day of December, two thousand eight; and one member shall be appointed for a term ending the thirty-first day of December, two thousand ten. Thereafter, The appointments shall be for six-year terms.
(j) (i) A member of the Board of Review must, at the time he or she takes office and thereafter during his or her continuance in office, be a resident of this state, be a member in good standing of the West Virginia State Bar, have a minimum of ten years' experience as an attorney admitted to practice law in this state prior to appointment and have a minimum of five years' experience in preparing and presenting cases or hearing actions and making decisions on the basis of the record of those hearings before administrative agencies, regulatory bodies or courts of record at the federal, state or local level.
(k) (j) No member of the Board of Review may hold any other office, or accept any appointment or public trust, nor may he or she become a candidate for any elective public office or nomination thereto. Violation of this subsection requires the member to vacate his or her office. No member of the Board of Review may engage in the practice of law during his or her term of office.
(l) (k) A vacancy occurring on the board other than by expiration of a term shall be filled in the manner original appointments were made, for the unexpired portion of the term.
(m) (l) The board shall designate one of its members in rotation to be chairman of the board for as long as the board may determine by order made and entered of record. In the absence of the chairman, any other member designated by the members present shall act as chairman.
(n) (m) The Board of Review shall meet as often as necessary to hold review hearings, at such times and places as the chairman may determine. Two members shall be present in order to conduct review hearings or other business. All decisions of the board shall be determined by a majority of the members of the board.
(o) (n) The Board of Review shall make general rules regarding the pleading, including the form of the petition and any responsive pleadings, practice and procedure to be used by the board.
(p) (o) The Board of Review may hire a clerk and other professional and clerical staff necessary to carry out the requirements of this article. It is the duty of the clerk of the Board of Review to attend in person, or by deputy, all the sessions of the board, to obey its orders and directions, to take care of and preserve in an office, kept for the purpose, all records and papers of the board and to perform other duties as prescribed by law or required of him or her by the board. All employees of the board shall serve at the will and pleasure of the board. The board's employees are exempt from the salary schedule or pay plan adopted by the Division of Personnel. All personnel of the Board of Review shall be are under the supervision of the chairman of the Board of Review.
(q) (p) If deemed considered necessary by the board, the board may, through staffing or other resources, procure assistance in review of medical portions of decisions.
(r) (q) Upon the conclusion of any hearing, or prior thereto with concurrence of the parties, the member board shall promptly determine the matter and make an award in accordance with his or her its determination.
(s) (r) The award shall become a part of the commission file. A copy of the award shall be sent forthwith by mail to all parties in interest.
(t) (s) The award is final when entered. The award shall contain a statement explaining the rights of the parties to an appeal to the Board of Review and the applicable time limitations involved.
(u) (t) The board shall submit to the Insurance Commissioner a budget to the executive director for inclusion in the budget for the Workers' Compensation Commission sufficient to adequately provide for the administrative and other operating expenses of the board.
(v) (u) The board shall report monthly to the board of managers Industrial Council on the status of all claims on appeal.
(w) (v) Effective upon termination of the commission, the Board of Review shall be transferred to the Insurance Commissioner which shall have the oversight and administrative authority heretofore provided to the executive director and the board of managers.
The bill (Eng. Com. Sub. for H. B. No. 4636), as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4636) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4636) passed.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent being granted, the unreported Judiciary committee amendment to the title of the bill was withdrawn.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4636--A Bill to amend and reenact §5A-3-10a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §23- 1-20; to amend said code by adding thereto a new section, designated §23-2-9a; to amend and reenact §23-2C-3, §23-2C-15 and §23-2C-17 of said code; to amend and reenact §23-4-7b of said code; and to amend and reenact §23-5-1 and §23-5-11 of said code, all relating generally to workers' compensation insurance; prohibiting public contracts with employers in workers' compensation default; establishing hiring preferences for employees of the Attorney General's workers' compensation litigation unit and permitting division of personnel to propose rules regarding such preferences; providing for the termination of licenses and permits to self- insured employers in workers' compensation default; requiring the proposal of rules to regulate certain third-party administrators; requiring proposal of rules relating to establishing penalties for certain defaults; eliminating requirement that private carriers maintain an office in the State; modifying certain information that must be on posted notice in work place; changing period of notice for cancellation of policies; establishing fixed percentages for determining surcharges on covered employers and permitting recalculation of one such percentage; eliminating certain carrier reporting requirements; changing periods within which private carriers must notify the Insurance Commissioner regarding coverage status; limiting employer protests; increasing the periods in which to file objections to claims decisions; providing for conditional payment of benefits; providing that corrective orders do not nullify pending protests; providing for proposal of rules relating to establishing a trial return to work period for employees; and requiring the Governor to set salaries of members of the workers' compensation Board of Review.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4636) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4644, Relating to the forfeiture of bail.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4664, Clarifying the purpose of the Purchasing Division.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4692, Permitting depositories of state, county, municipal and other public moneys to pool securities.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 4088, Allowing farm equipment dealers to calculate their inventory based on an average of their yearly sales.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4357, Extending the Neighborhood Investment Program Act and eligibility for tax credits under the act.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4407, Requiring automatic tire chains as standard equipment on all new school buses.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4471, Making certain changes to the West Virginia State Police Retirement System.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
The bill (Eng. Com. Sub. for H. B. No. 4471) was then read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
B
y striking out everything after the enacting clause and inserting in lieu thereof the following:
That article 2, chapter 15 of the Code of West Virginia, as amended, be amended by adding thereto a new section, designated section §15-2-24b; and that §15-2A-2, §15-2A-3, §15-2A-4, §15-2A-5, §15-2A-6, §15-2A-6a, §15-2A-6c, §15-2A-6d, §15-2A-7, §15-2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-11a, §15-2A-11b, §15-2A-12, §15-2A-13, §15-2A-14, §15-2A-15, §15-2A-17 and §15-2A-19 be amended and reenacted, all to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-24b. Fees for certain fingerprinting services; dedication of fees.

In addition to any fees that may be established or collected by the State Police under any other provision of this article or rule promulgated pursuant thereto, the State Police shall collect a fee of twenty dollars for performing adult private employment fingerprinting or fingerprinting for federal firearm permits: Provided, That all state entities are exempt from the fee. Fees collected pursuant to this section shall be deposited into the West Virginia State Police Retirement System and shall be in addition to employer percent-of-payroll contribution.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.

§15-2A-2. Definitions.

As used in this article, unless the context clearly requires a different meaning:
(1) "Accumulated contributions" means the sum of all amounts deducted from base salary, together with four percent interest compounded annually.
(2) "Active military duty" means full-time active duty with the armed forces of the United States, namely, the United States Air Force, Army, Coast Guard, Marines or Navy; and service with the National Guard or reserve military forces of any of the armed forces when the employee has been called to active full-time duty.
(3) "Agency" means the West Virginia State Police.
(4) "Base salary" means compensation paid to an employee without regard to any overtime pay.
(5) "Beneficiary" means a surviving spouse or other surviving beneficiary who is entitled to, or will be entitled to, an annuity or other benefit payable by the fund.
(6) "Board" means the Consolidated Public Retirement Board created pursuant to article ten-d, chapter five of this code.
(7) "Dependent child" means any unmarried child or children born to or adopted by a member or retirant of the fund who:
(A)Is under the age of eighteen;
(B) After reaching eighteen years of age, continues as a full-time student in an accredited high school, college, university, business or trade school until the child or children reaches the age of twenty-three years; or
(C) Is financially dependent on the member or retirant by virtue of a permanent mental or physical disability upon evidence satisfactory to the board.
(8) "Dependent parent" means the member's or retirant's parent or stepparent claimed as a dependent by the member or retirant for federal income tax purposes at the time of the member's or retirant's death.
(9) "Employee" means any person regularly employed in the service of the agency as a law-enforcement officer after the twelfth day of March, one thousand nine hundred ninety-four, and who is eligible to participate in the fund.
(10) "Final average salary" means the average of the highest annual compensation received for employment with the agency, including compensation paid for overtime service, received by the employee during any five calendar years within the employee's last ten years of service.
(11) "Fund", "plan", "system" or "retirement system" means the West Virginia State Police Retirement Fund created and established by this article.
(12) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.
(13) "Law-enforcement officer" means an individual employed or otherwise engaged in either a public or private position which involves the rendition of services relating to enforcement of federal, state or local laws for the protection of public or private safety, including, but not limited to, positions as deputy sheriffs, police officers, marshals, bailiffs, court security officers or any other law-enforcement position which requires certification, but excluding positions held by elected sheriffs or appointed chiefs of police whose duties are purely administrative in nature.
(14) "Member" means any person who has contributions standing to his or her credit in the fund and who has not yet entered into retirement status.
(15) "Month of service" means each month for which an employee is paid or entitled to payment for at least one hour of service for which contributions were remitted to the fund. These months shall be credited to the member for the calendar year in which the duties are performed.
(16) "Partially disabled" means an employee's inability, on a probable permanent basis, to perform the essential duties of a law-enforcement officer by reason of any medically determinable physical or mental impairment which has lasted or can be expected to last for a continuous period of not less than twelve months, but which impairment does not preclude the employee from engaging in other types of nonlaw-enforcement employment.
(17) "Physical or mental impairment" means an impairment that results from an anatomical, physiological or psychological abnormality that is demonstrated by medically accepted clinical and laboratory diagnostic techniques.
(18) "Plan year" means the twelve-month period commencing on the first day of July of any designated year and ending the following thirtieth day of June.
(19) "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 he or she retires or otherwise separates from service with the agency after having attained the age of seventy and one-half years.
(20) "Retirant" or "retiree" means any member who commences an annuity payable by the retirement system.
(21) "Salary" means the compensation of an employee, excluding any overtime payments.
(22) "Surviving spouse" means the person to whom the member or retirant was legally married at the time of the member's or retirant's death and who survived the member or retirant.
(23) "Totally disabled" means an employee's probable permanent inability to engage in substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months. For purposes of this subdivision, an employee is totally disabled only if his or her physical or mental impairments are so severe that he or she is not only unable to perform his or her previous work as an employee of the agency, but also cannot, considering his or her age, education and work experience, engage in any other kind of substantial gainful employment which exists in the state regardless of whether: (A) The work exists in the immediate area in which the employee lives; (B) a specific job vacancy exists; or (C) the employee would be hired if he or she applied for work.
(24) "Years of service" means the months of service acquired by a member while in active employment with the agency divided by twelve. Years of service shall be calculated in years and fraction of a year from the date of active employment of the member with the agency through the date of termination of employment or retirement from the agency. If a member returns to active employment with the agency following a previous termination of employment with the agency and the member has not received a refund of contributions plus interest for the previous employment under section eight of this article, service shall be calculated separately for each period of continuous employment and years of service shall be the total service for all periods of employment. Years of service shall exclude any periods of employment with the agency for which a refund of contributions plus interest has been paid to the member unless the employee repays the previous withdrawal, as provided in section eight of this article, to reinstate the years of service.
§15-2A-3. Continuation and administration of West Virginia State Police Retirement System; leased employees; federal qualification requirements.

(a) There is hereby created the The West Virginia State Police Retirement System is continued. Any West Virginia state trooper employed by the West Virginia State Police agency on or after the effective date of this article shall be a member of this retirement system and may not qualify for membership in any other retirement system administered by the Consolidated Public Retirement board so long as he or she remains employed by the State Police.
(b) Any individual who is a leased employee shall not be eligible to participate in the system. For purposes of this system, a "leased employee" means any individual who performs services as an independent contractor or pursuant to an agreement with an employee leasing organization or other similar organization. If a question arises regarding the status of an individual as a leased employee, the board has final power to decide the question.
(c) The Consolidated Public Retirement board created pursuant to article ten-d, chapter five of this code shall administer the West Virginia State Police retirement system. The board may sue and be sued, contract and be contracted with and conduct all the business of the system in the name of the West Virginia State Police Retirement System.
(d) This retirement system fund is intended to meet the federal qualification requirements of Section 401(a) and related sections of the Internal Revenue Code as applicable to governmental plans. Notwithstanding any other provision of state law, the board shall administer the retirement system to fulfill this intent for the exclusive benefit of the employees, members, retirants and their beneficiaries. Any provision of this article referencing or relating to these federal qualification requirements shall be effective as of the date required by federal law. The board may promulgate rules and amend or repeal conflicting rules in accordance with the authority granted to the board pursuant to section one, article ten-d, chapter five of this code to assure compliance with this section.
§15-2A-4.
Participation in system; continuation of fund.

There is hereby created the The West Virginia State Police Retirement Fund is continued for the benefit of the members and retirants of the retirement system created pursuant to this article and the dependents of any deceased or retired member of the system. All moneys paid into and accumulated in the fund, except such any amounts as shall be designated or set aside by the board for payments of benefits as provided in this article, shall be invested by the state board of investments West Virginia Investment Management Board as provided by law.
§15-2A-5. Employee contributions; employer contributions; forfeitures.

(a) There shall be deducted from the monthly payroll of each member employee and paid into the fund created pursuant to section four of this article twelve percent of the amount of his or her salary: Provided, That after the first day of July, two thousand eight, if the unfunded liability of the Fund falls below the ninety percent threshold, then the employee rate of contribution shall be increased to thirteen percent of the amount of the employee's salary until the ninety percent or better funding level is again achieved. Once that funding level is achieved the employee contribution rate will be reduced to twelve percent.
(b) The State of West Virginia's contributions to the retirement system, as determined by the consolidated public retirement board by legislative rule promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code, shall be a percent of the members' employees' total annual compensation base salary related to benefits under this retirement system. In determining the amount, the board shall give consideration to setting the amount at a sum equal to an amount which, if paid annually by the state, will be sufficient to provide for the total normal cost of the benefits expected to become payable to all members and retirants and to amortize any unfunded liability found by application of the actuarial funding method chosen for that purpose by the consolidated public retirement board over a period of years determined actuarially appropriate. When proposing a rule for promulgation which relates to the amount of employer contribution, the board may promulgate emergency rules pursuant to the provisions of article three, chapter twenty-nine-a of this code if the inability of the board to increase state contributions will detrimentally affect the actuarial soundness of the retirement system. A signed statement from the state actuary shall accompany the statement of facts and circumstances constituting an emergency which shall be filed in the State Register. For purposes of this section, subdivision (2), subsection (b), section fifteen-a, article three, chapter twenty-nine-a of this code is not applicable to the Secretary of State's determination of whether an emergency rule should be approved. The state's contributions shall be paid monthly into the fund created pursuant to section four of this article out of the annual appropriation for the department agency.
(c) Notwithstanding any other provisions of this article, forfeitures under the system shall not be applied to increase the benefits any member or retirant would otherwise receive under the system.
§15-2A-6. Retirement; commencement of benefits.
(a) A member may retire with full benefits upon attaining the age of fifty-five fifty and completing twenty twenty-five or more years of service or attaining the age of fifty-two and completing twenty years or more of service by lodging with the consolidated public retirement board filing with the board his or her voluntary petition application in writing for retirement. A member who is less than age fifty-five fifty-two may retire upon completing twenty years or more of service: Provided, That he or she will receive a reduced benefit that is of equal actuarial value to the benefit the member would have received if the member deferred commencement of his or her accrued retirement benefit to the age of fifty-five fifty-two.
(b) When the retirement board retires a member with full benefits under the provisions of this section, the board, by order in writing, shall make a determination that the member is entitled to receive an annuity equal to two and three-fourths percent of his or her final average salary multiplied by the number of years, and fraction of a year, of his or her service in the department at the time of retirement. The member's retirant's annuity shall begin the first day of the calendar month following the month in which the member's application for the annuity is filed with the board on or after his or her attaining age and service requirements and termination of employment.
(c) In no event may the provisions of section thirteen, article sixteen, chapter five of this code be applied in determining eligibility to retire with either a deferred or immediate commencement of benefit.
§15-2A-6a. Federal law maximum benefit limitations.
Notwithstanding any other provision of this article or state law, the board shall administer the retirement system in compliance with the limitations of Section 415 of the Internal Revenue Code and Treasury regulations under that section to the extent applicable to governmental plans so that no annuity or other benefit provided under this system shall exceed those limitations. The extent to which any annuity or other benefit payable under this retirement system shall be reduced as compared with the extent to which an annuity, contributions or other benefits under any other defined benefit plans or defined contribution plans required to be taken into consideration under Section 415 of the Internal Revenue Code shall be reduced shall be determined by the board in a manner that shall maximize the aggregate benefits payable to the member. If the reduction is under this retirement system, the board shall advise affected members or retirants of any additional limitation on the annuities required by this section.
§15-2A-6c. Direct rollovers.
(a) This section applies to distributions made on or after the first day of January, one thousand nine hundred ninety-three. Notwithstanding any provision of this article to the contrary that would otherwise limit a distributee's election under this system, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution that is equal to at least five hundred dollars paid directly to an eligible retirement plan specified by the distributee in a direct rollover. For purposes of this section, the following definitions apply:
(1) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any of the following: (i) Any distribution that is one of a series of substantially equal periodic payments not less frequently than annually made for the life or life expectancy of the distributee or the joint lives or the joint life expectancies of the distributee and the distributee's designated beneficiary or for a specified period of ten years or more; (ii) any distribution to the extent such the distribution is required under Section 401(a)(9) of the Internal Revenue Code; (iii) the portion of any distribution that is not includable in gross income determined without regard to the exclusion for net unrealized appreciation with respect to employer securities; and (iv) any hardship distribution described in Section 401(k)(2)(B)(i)(iv) of the Internal Revenue Code. and (v) any other distribution or distributions expected to total less than two hundred dollars during a year For distributions after the thirty-first day of December, two thousand one, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includable in gross income. However, this portion may be paid only to an individual retirement account or annuity described in Section 408(a) or (b) of the Internal Revenue Code or to a qualified defined contribution plan described in Section 401(a) or 403(a) of the Internal Revenue Code that agrees to separately account for amounts transferred, including separately accounting for the portion of the distribution which is includable in gross income and the portion of the distribution which is not includable.
(2) "Eligible retirement plan" means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code or a qualified plan described in Section 401(a) of the Internal Revenue Code that accepts the distributee's eligible rollover distribution: Provided, That in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. For distributions after the thirty-first day of December, two thousand one, an eligible retirement plan also means an annuity contract described in Section 403(b) of the Internal Revenue Code and an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into the plan from this system.
(3) "Distributee" means an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code with respect to governmental plans, are distributees with regard to the interest of the spouse or former spouse.
(4) "Direct rollover" means a payment by the system to the eligible retirement plan.
(b) Nothing in this section may be construed as permitting rollovers into this system or any other retirement system administered by the board.
§15-2A-6d. Rollovers and transfers to purchase service credit or repay withdrawn contributions.

(a) This section applies to rollovers and transfers as specified in this section made on or after the first day of January, two thousand two. Notwithstanding any provision of this article to the contrary that would otherwise prohibit or limit rollovers and plan transfers to this system, the retirement system shall accept the following rollovers and plan transfers on behalf of a member an employee solely for the purpose of purchasing permissive service credit, in whole and in part, as otherwise provided in this article or for the repayment of withdrawn or refunded contributions, in whole and in part, with respect to a previous forfeiture of service credit as otherwise provided in this article: (i) One or more rollovers within the meaning of Section 408(d)(3) of the Internal Revenue Code from an individual retirement account described in Section 408(a) of the Internal Revenue Code or from an individual retirement annuity described in Section 408(b) of the Internal Revenue Code; (ii) one or more rollovers described in Section 402 (c) of the Internal Revenue Code from a retirement plan that is qualified under Section 401(a) of the Internal Revenue Code or from a plan described in Section 403(b) of the Internal Revenue Code; (iii) one or more rollovers described in Section 457(e)(16) of the Internal Revenue Code from a governmental plan described in Section 457 of the Internal Revenue Code; or (iv) direct trustee-to-trustee transfers or rollovers from a plan that is qualified under Section 401(a) of the Internal Revenue Code from a plan described in Section 403(b) of the Internal Revenue Code or from a governmental plan described in Section 457 of the Internal Revenue Code: Provided, That any rollovers or transfers pursuant to this section shall be accepted by the system only if made in cash or other asset permitted by the board and only in accordance with the policies, practices and procedures established by the board from time to time. For purposes of this section, the following definitions apply:
(1) "Permissive service credit" means service credit which is permitted to be purchased under the terms of the retirement system by voluntary contributions in an amount which does not exceed the amount necessary to fund the benefit attributable to the period of service for which the service credit is being purchased, all as defined in Section 415(n)(3)(A) of the Internal Revenue Code.
(2) "Repayment of withdrawn or refunded contributions" means the payment into the retirement system of the funds required pursuant to this article for the reinstatement of service credit previously forfeited on account of any refund or withdrawal of contributions permitted in this article, as set forth in Section 415(k)(3) of the Internal Revenue Code.
(b) Nothing in this section shall be construed as permitting rollovers or transfers into this system or any other system administered by the retirement board other than as specified in this section and no rollover or transfer shall be accepted into the system in an amount greater than the amount required for the purchase of permissive service credit or repayment of withdrawn or refunded contributions.
(c) Nothing in this section shall be construed as permitting the purchase of service credit or repayment of withdrawn or refunded contributions except as otherwise permitted in this article.
§15-2A-7. Annual annuity adjustment.
(a) Every member retirant of the department fund who is sixty-three years of age or older and who is retired by the retirement board under the provisions of section six of this article; every member retirant who is retired under the provisions of section nine or ten of this article; and every surviving spouse receiving a benefit pursuant to section twelve, thirteen or fourteen of this article is eligible to receive an annual retirement annuity adjustment equal to one percent of his or her retirement award or surviving spouse award. The adjustments may not be retroactive. Yearly adjustments shall begin upon the first day of July of each year. The annuity adjustments shall be awarded and paid to a member the retirant or surviving spouse from the fund in equal monthly installments while the member is in status of retirement the retirant or surviving spouse are receiving annuity payments. The annuity adjustments shall supplement the retirement awards and benefits provided in this article.
(b) Any member retirant or beneficiary surviving spouse who receives a benefit pursuant to the provisions of section nine, ten, twelve, thirteen or fourteen of this article shall begin to receive the annual annuity adjustment one year after the commencement of the benefit on the next July first: Provided, That if the member retirant has been retired for less than one year or if the surviving spouse has been in receipt of surviving spouse payments for less than one year when the first annuity adjustment is given on that July first, that first annuity adjustment will be a pro rata share of the full year's annuity adjustment.
§15-2A-8. Refunds to certain members upon discharge of resignation; deferred retirement.

(a) Any member employee who is discharged by order of the superintendent or otherwise terminates employment with the department agency is, at the written request of the member to the retirement board, entitled to receive from the retirement fund a sum equal to the aggregate of the principal amount of moneys deducted from the his or her base salary of the member and paid into the retirement fund plus four percent interest compounded thereon calculated annually as provided and required by this article.
(b) Any member withdrawing contributions who may thereafter be reenlisted as a member of the reemployed by the department agency shall not receive any prior service credit in the fund on account of the former service. unless following his or her reenlistment the member redeposits The employee may redeposit in the fund established by this article the amount of the refund, together with interest thereon at the rate of seven and one-half percent per annum from the date of withdrawal to the date of redeposit, in which case he or she shall receive the same credit on account of his or her former service as if no refund had been made.
(c) Every member employee who completes ten years of service with the department agency is eligible, upon separation of employment, with the department to either withdraw his or her contributions in accordance with subsection (a) of this section or to choose not to withdraw his or her accumulated contributions. with interest Upon attainment of age sixty-two, a member who chooses not to withdraw his or her contributions is eligible to receive a retirement annuity. The annuity shall be payable during the lifetime of the member retirant and shall be in the amount of his or her accrued retirement benefit as determined under section six of this article. The retiring member retirant may choose, in lieu of a life annuity, an annuity in a reduced amount payable during the member's retirant's lifetime, with one half of the reduced monthly amount paid to his or her surviving spouse if any, for the spouse's remaining lifetime after the death of the member retirant. Reduction of the monthly benefit amount shall be calculated to be of equal actuarial value to the life annuity the member retirant could otherwise have chosen. Any member retirant choosing to receive the deferred annuity under this subsection is not eligible to receive the annual annuity adjustment provided in section seven of this article. A retiring member under the provisions of this section may receive retirement annuity payments on the first day of the month following his or her attaining age sixty-two and upon receipt of the application for retirement. The board shall promptly provide the member with an explanation of his or her optional forms of retirement benefits and, upon receipt of properly executed forms from the agency and member, the board shall process the member's request for and commence payments as soon as administratively feasible.
§15-2A-9. Awards and benefits for disability -- Incurred in performance of duty.

(a) Except as otherwise provided in this section, a member Any employee of the department agency who has not yet entered retirement status on the basis of age and service and who becomes partially disabled by injury, illness or disease resulting from any occupational risk or hazard inherent in or peculiar to the services required of members employees of the department and agency or incurred pursuant to or while the member employee was engaged in the performance of his or her duties as a member an employee of the department agency shall, if, in the opinion of the retirement board, he or she is, by reason of such that cause, unable to perform adequately the duties required of him or her as a member an employee of the department agency, but is able to engage in other gainful employment in a field other than law enforcement, be retired from active service by the board. The member retirant thereafter is entitled to receive annually and there shall be paid to the member from the fund in equal monthly installments during the his or her lifetime of the member, or until the member attains the age of fifty-five or until the disability eligibility sooner terminates, one or the other of two amounts, whichever is greater:
(1) An amount equal to six tenths of the base salary received in the preceding twelve-month employment period: Provided, That if the member had not been employed with the department agency for twelve months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars. Upon attaining age fifty-five The first day of the month following the date in which the retirant attains age fifty-five, the member retirant shall receive the benefit provided in section six of this article as it would apply to his or her final average salary based on earnings from the department agency through the day immediately preceding his or her disability. The recalculation of benefit upon a member retirant attaining age fifty-five shall be considered to be a retirement under the provisions of section six of this article for purposes of determining the amount of annual annuity adjustment and for all other purposes of this article: Provided, That a member retirant who is partially disabled under this article may not, while in receipt of benefits for partial disability, be employed as a law-enforcement officer: Provided, however, That a member retired retirant on a partial disability under this article may serve as an elected sheriff or appointed chief of police in the state without a loss of disability retirement benefits so as long as the elected or appointed position is shown, to the satisfaction of the board, to require the performance of administrative duties and functions only, as opposed to the full range of duties of a law-enforcement officer.
(b) Any member who has not yet entered retirement status on the basis of age and service and who becomes physically or mentally disabled by injury, illness or disease on a probable permanent basis resulting from any occupational risk or hazard inherent in or peculiar to the services required of members employees of the department agency and or incurred pursuant to or while the member employee was or is engaged in the performance of his or her duties as a member an employee of the department agency to the extent that the member employee is incapacitated ever to engage in any gainful employment, the member employee is entitled to receive annually, and there shall be paid to the member from the fund in equal monthly installments during the his or her lifetime of the member or until the disability sooner terminates, an amount equal to the amount of the base salary received by the member employee in the preceding full twelve-month employment period. Until a member has worked twelve months, the amount of monthly base salary shall be annualized for the purpose of determining the benefit.
(c) The superintendent of the department agency may expend moneys from funds appropriated for the department agency in payment of medical, surgical, laboratory, X-ray, hospital, ambulance and dental expenses and fees and reasonable costs and expenses incurred in the purchase of artificial limbs and other approved appliances which may be reasonably necessary for any member retirant of the department who is temporarily, permanently or totally disabled by injury, illness or disease resulting from any occupational risk or hazard inherent in or peculiar to the service required of members employees of the department agency and or incurred pursuant to or while the member employee was or shall be engaged in the performance of duties as a member an employee of the department agency. Whenever the superintendent determines that any disabled member retirant is ineligible to receive any of the aforesaid benefits in this section at public expense, the superintendent shall, at the request of the disabled member retirant, refer the matter to the board for hearing and final decision. In no case will the compensation rendered to health care providers for medical and hospital services exceed the then current rate schedule in use by the Bureau of Employment Programs, Workers' Compensation Division approved by the West Virginia Insurance Commission. Upon termination of employment and receipt of properly executed forms from the agency and the member, the board shall process the member's disability retirement benefit and commence annuity payments as soon as administratively feasible. §15-2A-10. Same -- Due to other causes.
(a) If any member employee while in active service of the State Police agency becomes partially or totally disabled on a probable permanent basis to the extent that the member employee cannot adequately perform the duties required of a member an employee of the department agency from any cause other than those set forth in the preceding section and not due to vicious habits, intemperance or willful misconduct on his or her part, the member employee shall be retired by the board. There shall be paid annually to the member retirant from the fund in equal monthly installments, commencing on the date the member retirant is retired and continuing during the lifetime of the member retirant or until the member retirant attains the age of fifty-five; while in status of retirement an amount equal to one half the base salary received by the member retirant in the preceding full twelve-month period: Provided, That if the member retirant had not been employed with the department agency for twelve full months prior to the disability, the amount of monthly base salary shall be annualized for the purpose of determining the benefit.
(b) Upon attaining age fifty-five The first day of the month following the date in which the retirant attains age fifty-five, the member retirant shall receive the benefit provided in section six of this article as it would apply to his or her final average salary based on earnings from the department agency through the day immediately preceding his or her disability. The recalculation of benefit upon a member retirant attaining age fifty-five shall be considered to be a retirement under the provisions of section six of this article for purposes of determining the amount of annual annuity adjustment and for all other purposes of this article.
§15-2A-11. Same -- Physical examinations; termination.

The board may require any member disabled retirant retired with compensation on account of disability to submit to a physical or mental examination or both a physical and mental examination by a physician or physicians selected or approved by the board and cause all costs incident to the examination, including hospital, laboratory, X-ray, medical and physicians' fees, to be paid out of funds appropriated to defray the current expenses of the department agency, and the physician or physicians shall submit a report of the findings of the physician or physicians shall be submitted in writing to the board for its consideration. If from the report, or from the report and hearing on the report, the board is of the opinion and finds that the disabled member retirant has recovered from the disability to the extent that he or she is able to perform adequately the duties of a law-enforcement officer, the board shall order that all payments from the fund to that disabled retirant be terminated. If from the report, or the report and hearing on the report, the board is of the opinion and find finds that the disabled member retirant has recovered from his or her previously determined probable permanent disability to the extent that he or she is able to engage in any gainful employment, but unable to adequately perform the duties of a law-enforcement officer, the board shall order, in the case of a member retired disabled retirant receiving benefits under the provisions of section nine of this article, that the disabled member retirant be paid annually from the fund an amount equal to six tenths of the base salary paid to the member retirant in the last full twelve-month employment period. The board shall order, in the case of a member disabled retirant receiving benefits retired under the provisions of section ten of this article, that the disabled member retirant be paid from the fund an amount equal to one fourth of the base salary paid to the member retirant in the last full twelve-month employment period: Provided, That if the member retirant had not been employed with the department agency for twelve full months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit.
§15-2A-11a. Physical examinations of prospective members; application for disability benefit; determinations.

(a) Not later than thirty days after an employee becomes a member of the fund, the employer shall forward to the board a copy of the physician's report of a physical examination which incorporates the standards or procedures described in section seven, article two, chapter fifteen of this code. A copy of the physicians's report shall be placed in the employee's retirement system file maintained by the board.
(b) Application for a disability benefit may be made by a member an employee or, if the member employee is under an incapacity, by a person acting with legal authority on the member's employee's behalf. After receiving an application for a disability benefit, the board shall notify the superintendent of the department agency that an application has been filed: Provided, That when, in the judgment of the superintendent, a member an employee is no longer physically or mentally fit for continued duty as a member an employee of the West Virginia State Police agency and the member employee has failed or refused to make application for disability benefits under this article, the superintendent may petition the board to retire the member employee on the basis of disability pursuant to legislative rules proposed in accordance with article three, chapter twenty-nine-a of this code. Within thirty days of the superintendent's receipt of the notice from the board or the filing of the superintendent's petition with the board, the superintendent shall forward to the board a statement certifying the duties of the member's employment employee's job description, information relating to the superintendent's position on the work relatedness of the member's employee's alleged disability, complete copies of the member's employee's medical file and any other information requested by the board in its processing of the application.
(c) The board shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code relating to the processing of applications and petitions for disability retirement under this article.
(d) The board shall notify a member an employee and the superintendent of its final action on the disability application or petition within ten days of the board's final action. The notice shall be sent by certified mail, return receipt requested. If either the member employee or the superintendent is aggrieved by the decision of the board and intends to pursue judicial review of the board's decision as provided in section four, article five, chapter twenty-nine-a of this code, the party aggrieved shall notify the board within twenty days of the member's employee's or superintendent's receipt of the board's notice that they intend to pursue judicial review of the board's decision.
(e) The board may require a disability benefit recipient disabled retirant to file an annual statement of earnings and any other information required in rules which may be adopted by the board. The board may waive the requirement that a disability benefit recipient disabled retirant file the annual statement of earnings if the board's physician certifies that the recipient's disability is ongoing. The board shall annually examine the information submitted by the recipient disabled retirant. If a disability recipient disabled retirant refuses to file the statement or information, the disability benefit shall be suspended until the statement and information are filed.
§15-2A-11b. Annual report on each employer's disability retirement experience.

Not later than the first day of January, two thousand six, and each first day of January thereafter, the board shall prepare a report for the preceding fiscal year of the disability retirement experience of the State Police West Virginia State Police Retirement Fund. The report shall specify the total number of disability applications submitted, the status of each application as of the last day of the fiscal year, total applications granted or denied and the percentage of disability benefit recipients to the total number of the State Police agency employees who are members of the fund. The report shall be submitted to the Governor and the chairpersons of the standing committees of the Senate and House of Delegates with primary responsibility for retirement legislation.
§15-2A-12. Awards and benefits to dependents of employees or retirants - When employee dies in performance of duty, etc.; dependent child scholarship and amount.

The surviving spouse, the dependent child or children or dependent parent or parents of any member employee who has lost or shall lose his or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of members employees while the member employee was engaged in the performance of his or her duties as a member an employee of the department agency, or the survivor of a member retirant who dies from any cause after having been retired pursuant to the provisions of section nine of this article, is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime, one or the other of two amounts, which shall become immediately available payable the first day of the month following the employee's or retirant's death and which shall be the greater of:
(1) An amount equal to nine tenths of the base salary received in the preceding full twelve-month employment period by the deceased member employee: Provided, That if the member employee had not been employed with the department agency for twelve full months prior to his or her death, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or
(2) The sum of ten thousand dollars. In addition, thereto the surviving spouse is entitled to receive and there shall be paid to the person one hundred fifty dollars monthly for each dependent child or children. If the surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the fund a sum equal to one third of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is but one dependent parent surviving, that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child, or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, dependent parent of the deceased member or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.
Any person qualifying as a surviving dependent child under this section, in addition to any other benefits due under this or other sections of this article, is entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding seven thousand five hundred dollars, shall be paid from the fund to any university or college in this state or to any trade or vocational school or other entity in this state approved by the board to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so as long as the recipient makes application to the board on an approved form and under rules provided by the board and maintains scholastic eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
Awards and benefits for a surviving spouse or dependents of a member received under any section or any of the provisions of this retirement system are in lieu of receipt of any benefits for these persons under the provisions of any other state retirement system. Receipt of benefits under any other state retirement system is in lieu of any right to receive any benefits under this retirement system, so that only a single receipt of state retirement benefits occurs.
A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date the deceased member is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased member's death. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant's death. Upon receipt of properly executed forms from the agency and surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.
It is the intent of the Legislature that the levels of benefits provided by operation of this section from the effective date of the enactment of this section during the regular session of the Legislature, two thousand five, be the same levels of benefits as provided by this section as amended and reenacted during the fourth extraordinary session of the Legislature, two thousand five. Accordingly, the effective date of the operation of this section as amended and reenacted during the fourth extraordinary session of the Legislature, two thousand five, is expressly made retrospective to the ninth day of April, two thousand five.
§15-2A-13. Same -- When member dies from nonservice-connected causes before serving twenty years.

(a) In any case where a member an employee while in active service of the department agency, before having completed twenty years of service as a member an employee of the department agency, dies from any cause other than those specified in this article and not due to vicious habits, intemperance or willful misconduct on his or her part, there shall be paid annually in equal monthly installments from the fund to the surviving spouse of the member during his or her lifetime, or until such time as the surviving spouse remarries, a sum equal to one half of the base salary received in the preceding full twelve-month employment period by the deceased member: Provided, That if the member had not been employed with the department agency for twelve full months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit. If there is no surviving spouse or the surviving spouse dies or remarries, there shall be paid monthly to each dependent child or children from the fund a sum equal to one fourth of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount that a surviving spouse would have been entitled to receive: Provided, however, That when there is but one dependent parent surviving, then that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive: Provided further, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: And provided further, That if there is no surviving spouse, dependent child, dependent parent of the deceased member or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.
(b) A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date the deceased member is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased member's death. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant's death. Upon receipt of properly executed forms from the agency and surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.
§15-2A-14. Awards and benefits to dependents of member -- When member dies after retirement or after serving twenty years.

(a) When any member employee of the department agency has completed twenty years of service or longer as a member an employee of the department agency and dies from any cause or causes other than those specified in this article before having been retired by the board and when a member retirant in retirement status has died or dies after having been retired by the board under the provisions of this article, there shall be paid annually in equal monthly installments from the fund to the surviving spouse of the member or retirant, commencing on the date of the death of the member and continuing during the lifetime or until remarriage of the surviving spouse, an amount equal to two thirds of the retirement benefit which the deceased member retirant was receiving while in status of retirement or would have been entitled to receive to the same effect as if the member had been retired under the provisions of this article immediately prior to the time of his or her death. In no event shall the annual benefit payable be less than five thousand dollars. In addition, thereto the surviving spouse is entitled to receive and there shall be paid to the surviving spouse from the fund the sum of one hundred dollars monthly for each dependent child or children. If the surviving spouse dies or remarries, or if there is no surviving spouse, there shall be paid monthly from the fund to each dependent child or children of the deceased member a sum equal to one fourth of the surviving spouse's entitlement. If there is no surviving spouse or no surviving spouse eligible to receive benefits and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse without children would have been entitled to receive: Provided, That when there is but one dependent parent surviving, that parent is entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, dependent parent of the deceased member or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.
(b) The member retirant may choose a higher percentage of surviving spouse benefits by taking an actuarially determined reduced initial benefit so that the chosen spouse benefit and initial benefit would be actuarially equivalent to the normal spouse benefit and initial benefit. The retirement board shall design these benefit options and provide them as choices for the member retirant to select. For the purposes of this subsection, "initial benefit" means the benefit received by the member retirant upon retirement.
§15-2A-15. Exemption from taxation, garnishment and other process; exception for certain qualified domestic relations orders.

The moneys in the fund and the right of a member or retirant to a retirement allowance, to the return of contributions or to any benefit under the provisions of this article are hereby exempt from any state or municipal tax; shall are not be subject to execution, garnishment, attachment or any other process whatsoever except that the benefits or contributions under this system shall be are subject to "qualified domestic relations orders" as that term is defined in Section 414(p) of the Internal Revenue Code with respect to governmental plans; and shall be are unassignable except as is provided in this article.
§15-2A-17. Awards and benefits to dependents of member -- Termination.

When any surviving spouse of a member or retirant shall die or remarry dies or remarries while receiving or being entitled to receive any benefits under any section except section twelve of this article, the surviving spouse may not from the date of his or her remarriage, nor may the estate from the date of death of the deceased member's or retirant's surviving spouse, be entitled to receive any benefits hereunder under this article whatsoever: Provided, That in any case where under the terms of this article benefits are provided for a child or children surviving the death or remarriage of the surviving spouse, payment of benefits to that child or children shall be calculated for payment from the date the surviving spouse dies or remarries.
§15-2A-19. Credit toward retirement for member's prior military service; credit toward retirement when member has joined armed forces in time of armed conflict; qualified military service.

(a) Any member who has previously served on active military duty is entitled to receive additional credited service for the purpose of determining the amount of retirement award under the provisions of this article for a period equal to the active military duty not to exceed five years, subject to the following:
(1) That he or she has been honorably discharged from the armed forces;
(2) That he or she substantiates by appropriate documentation or evidence his or her period of active military duty;
(3) That he or she is receiving no benefits from any other retirement system for his or her active military duty; and
(4) That, except with respect to disability retirement pay awarded under this article, he or she has actually served with the department agency for twenty years exclusive of his or her active military duty.
(b) In addition, any person who, while a member an employee of the department agency, was commissioned, enlisted or inducted into the armed forces of the United States or, being a member of the reserve officers' corps, was called to active duty in the armed forces between the first day of September, one thousand nine hundred forty, and the close of hostilities in World War II, or between the twenty-seventh day of June, one thousand nine hundred fifty, and the close of the armed conflict in Korea on the twenty-seventh day of July, one thousand nine hundred fifty-three, between the first day of August, one thousand nine hundred sixty-four, and the close of the armed conflict in Vietnam, or during any other period of armed conflict by the United States whether sanctioned by a declaration of war by Congress or by executive or other order of the President, is entitled to and shall receive credit on the minimum period of service required by law for retirement pay from the service of the department agency, or its predecessor agency, for a period equal to the full time that he or she has or, pursuant to that commission, enlistment, induction or call, shall have served with the armed forces subject to the following:
(1) That he or she has been honorably discharged from the armed forces;
(2) That, within ninety days after honorable discharge from the armed forces, he or she presented himself or herself to the superintendent and offered to resume service as an active member of the department agency; and
(3) That he or she has made no voluntary act, whether by reenlistment, waiver of discharge, acceptance of commission or otherwise, to extend or participate in extension of the period of service with the armed forces beyond the period of service for which he or she was originally commissioned, enlisted, inducted or called.
(c) The total amount of military service credit allowable under this section may not exceed five years for any member of the department agency.
(d) Notwithstanding the preceding provisions of this section, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414 (u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414 (u) of the Internal Revenue Code. The retirement board shall determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414 (u) of the Internal Revenue Code.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4471) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4471) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4471--A Bill to amend article 2, chapter 15 of the Code of West Virginia, as amended, by adding thereto a new section, designated section §15-2-24b, and to amend and reenact §15-2A-2, §15-2A-3, §15-2A-4, §15-2A-5, §15-2A-6, §15-2A-6a, §15-2A-6c, §15-2A-6d, §15-2A-7, §15-2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-11a, §15-2A-11b, §15-2A-12, §15-2A-13, §15-2A-14, §15-2A-15, §15-2A-17 and §15-2A-19, all relating to the West Virginia State Police Retirement Fund; requiring the State Police to collect a fee for certain fingerprinting services and deposit the fees into the retirement system; adding, deleting and modifying definitions; specifying the title of West Virginia State Police Retirement System; clarifying the usage of the terms "employee", "member" and "retirant or retiree" as defined; clarifying the usage of the terms "fund", "plan", "system" or "retirement system" as defined; clarifying the usage of the term "base salary" as defined; clarifying the usage of the term "agency" as defined; authorizing the board to increase or decrease the employee's contribution rate under specified circumstances; reducing the normal retirement age for members; eliminating minimum required eligible direct rollover distributions paid directly to an eligible retirement plan; allowing distributions totaling less than two hundred dollars within the definition of "eligible rollover distribution"; clarifying the usage of the term "surviving spouse" as defined; clarifying surviving spouse payments when calculating the pro rata share of annuity adjustments; specifying the time frame that a retirant may receive deferred annuity payments; clarifying the age requirement for a retirant receiving a duty disability annuity; requiring the base salary of a member receiving a duty disability annuity to be annualized until the member has worked twelve months; specifying the title of the West Virginia Insurance Commission; clarifying the time frame for which a duty disability retirant receives a retirement benefit; specifying that disability petitions certify the job description of an employee applying for a disability retirement; specifying the time frame for receipt of awards and benefits to dependents of deceased employees; clarifying that death awards and benefits be calculated for the last full twelve-month employment period; requiring that death awards and benefits be paid to a named beneficiary or to the estate of the deceased member if there is no surviving spouse or dependents; eliminating duplicate language referring to a single receipt of state retirement benefits; and adding provisions specifying the time frame for receipt of beneficiary payments.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fifth order of business.
Filed Conference Committee Reports

The Clerk announced the following conference committee report had been filed at 6:31 p.m. today:
Eng. Com. Sub. for House Bill No. 4364, Amending various requirements for motor vehicle dealers.
The Senate again proceeded to the sixth order of business.
Petitions

Senator Barnes presented a petition from Patty Johnston and numerous West Virginia residents, supporting Engrossed House Bill No. 4445 (Relating to definitions under the Medical Professional Liability Act).
Referred to the Committee on the Judiciary.
Without objection the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 185, Clarifying mental conditions which prohibit firearms' possession and creating state registry of such persons.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §27-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §61-7-7 of said code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §61-7A-1, §61-7A-2, §61-7A-3, §61-7A-4 and §61- 7A-5, all to read as follows:
CHAPTER 27. MENTALLY ILL PERSONS

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 are confidential information. 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 shall not be disclosed, except:
(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 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 provide notice to the federal National Instant Criminal Background Check System, established pursuant to section 103(d) of the Brady Handgun Violence Prevention Act, 18 U.S.C. §922, in accordance with article seven-A, chapter sixty-one of this code;
(4) (5) To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself or another;
(5) (6) 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) (7) 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 or legal representative.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.
§61-7-7. Persons prohibited from possessing firearms; classifications; reinstatement of rights to possess; offenses; penalties.

(a) Except as provided in this section, no person shall possess a firearm as such is defined in section two of this article who:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Is habitually addicted to alcohol;
(3) Is an unlawful user of or habitually addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code: Provided, That once an individual has been adjudicated as a mental defective or involuntarily committed to a mental institution, he or she shall be duly notified that they are to immediately surrender any firearms in their ownership or possession: Provided, however, That the mental hygiene commissioner or circuit judge shall first make a determination of the appropriate public or private individual or entity to act as conservator for the surrendered property;
(5) Being Is an alien is illegally or unlawfully in the United States;
(6) Has been discharged from the armed forces under dishonorable conditions;
(7) Is subject to a domestic violence protective order that:
(A) Was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate;
(B) Restrains such person from harassing, stalking or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(8) Has been convicted of a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine of said article in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or has been convicted in any court of any jurisdiction of a comparable misdemeanor crime of domestic violence.
Any person who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars or confined in the county jail for not less than ninety days nor more than one year, or both.
(b) Notwithstanding the provisions of subsection (a) of this section, any person:
(1) Who has been convicted in this state or any other jurisdiction of a felony crime of violence against the person of another or of a felony sexual offense; or
(2) Who has been convicted in this state or any other jurisdiction of a felony controlled substance offense involving a Schedule I controlled substance other than marijuana, a Schedule II or a Schedule III controlled substance as such are defined in sections two hundred four, two hundred five and two hundred six, article two, chapter sixty-a of this code and who possesses a firearm as such is defined in section two of this article shall be guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than five years or fined not more than five thousand dollars, or both. The provisions of subsection (c) of this section shall not apply to persons convicted of offenses referred to in this subsection or to persons convicted of a violation of this subsection.
(c) Any person prohibited from possessing a firearm by the provisions of subsection (a) of this section may petition the circuit court of the county in which he or she resides to regain the ability to possess a firearm and if the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm, the court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law: Provided, That a person prohibited from possessing a firearm by the provisions of subdivision (4), subsection (a) of this section may petition to regain the ability to possess a firearm in accordance with the provisions of section five, article seven-a of this chapter.
ARTICLE 7A. STATE MENTAL HEALTH REGISTRY; REPORTING OF PERSONS PROSCRIBED FROM FIREARM POSSESSION DUE TO MENTAL CONDITION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; LEGISLATIVE FINDINGS; DEFINITIONS; REPORTING REQUIREMENTS; REINSTATEMENT OF RIGHTS PROCEDURES.

§61-7A-1. Legislative intent.
It is the intention of the Legislature in the enactment of this article to clarify the persons whom it intends to proscribe from the possession of firearms due to substance abuse or mental illness; establish a process in reporting the names of persons proscribed from possession of firearms due to mental illness to the central state mental health registry; authorize reporting by registry to the National Instant Criminal Background Check System; and to prescribe a means for reinstating one's ability to lawfully possess a firearm.
§61-7A-2. Definitions.
As used in this article and as the terms are deemed to mean in 18 U. S. C. §922(g) and W. Va. Code §61-7-7 as each exists as of the thirty-first day of January, two thousand eight:
(1)"A person adjudicated as a mental defective" means a person who has been determined by a duly authorized court, tribunal, board or other entity to be mentally ill to the point where he or she has been found to be incompetent to stand trial due to mental illness or insanity, has been found not guilty in a criminal proceeding by reason of mental illness or insanity or has been determined to be unable to handle his or her own affairs due to mental illness or insanity.
(2) "Committed to a mental institution" means to have been involuntarily committed for treatment pursuant to the provisions of chapter twenty-seven of this code.
(3) "Mental institution" means any facility or part of a facility used for the treatment of persons committed for treatment of mental illness or addiction.
§61-7A-3. Persons whose names are to be supplied to the central state mental health registry.

(a) The superintendent of the West Virginia State Police and the Secretary of the Department of Health and Human Resources, or their designees, shall cooperate with the circuit clerk of each county and Administrator of the West Virginia Supreme Court of Appeals in compiling and maintaining a database containing the names and identifying information of persons who have been adjudicated to be mentally defective or who have been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code. The registry shall be maintained by the Administrator of the Supreme Court of Appeals or the Superintendent of the West Virginia State Police.
(b) The name of any person who has been adjudicated to be mentally defective or who has been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code which shall be provided to the Superintendent of the West Virginia State Police for inclusion in the central state mental health registry. Upon receipt of the information being received by the central state mental health registry it may be transmitted to the National Instant Criminal Background Check System and to county sheriffs;
(c) The Secretary of Department of Human Resources and the circuit clerk of each county shall, as soon as practicable after the effective date of this article, supply to the Superintendent of the West Virginia State Police for inclusion in the central state mental health registry the name and identifying information required by the provisions of subsection (d) of this section of all persons covered by the provisions of this article and shall on an ongoing basis continue to provide such information as it is developed;
(d) The central state mental health registry shall contain the name, address at the time of commitment or adjudication, date of birth, date of commitment or adjudication and of all persons who have been adjudicated to be mentally defective or who have been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code.
(e) The central state mental health registry shall provide only such information about a person on the registry to county sheriffs and the National Instant Criminal Background Check System as is necessary to identify registrants; and
(f) On or before the first day of January, two thousand ten, the central state mental health registry shall contain the name, address at the time of commitment or adjudication, date of birth, date of commitment or adjudication and any other identifying characteristics of all persons who have been adjudicated to be mentally defective or who have been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code. Under no circumstances shall the registry contain information relating to any diagnosis or treatment provided.
§61-7A-4. Confidentiality; limits on use of registry information.
(a) Notwithstanding any provision of this code to the contrary, the Superintendent of the State Police, the Secretary of the Department of Health and Human Resources and the circuit clerks and the Administrator of the Supreme Court of Appeals may provide notice to the central state mental health registry and the National Instant Criminal Background Check System established pursuant to Section 103(d) of the Brady Handgun Violence Protection Act, 18 U. S. C. §922, that a person: (i) Has been involuntarily committed as provided in chapter twenty-seven of this code; (ii) has been adjudicated mentally incompetent in a proceeding under article six- a of this chapter; or (iii) has regained the ability to possess a firearm by order of a circuit court in a proceeding under section five of this article.
(b) The information contained in the central state mental health registry is to be used solely for the purpose of records checks related to firearms purchases and for eligibility for a state license or permit to possess or carry a concealed firearm.
(c) Whenever a person's name and other identifying information has been added to the central state mental health registry, a review of the state concealed handgun registry shall be undertaken and if such review reveals that the person possesses a current concealed handgun license, the sheriff of the county issuing the concealed handgun license shall be informed of the person's change in status.
§61-7A-5. Petition to regain right to possess firearms.
(a) Any person who is prohibited from possessing a firearm pursuant to the provisions of section seven, article seven of this chapter or by provisions of federal law by virtue solely of having previously been adjudicated to be mentally defective or to having a prior involuntary commitment to a mental institution pursuant to chapter twenty-seven of this code may petition the circuit court of the county of his or her residence to regain the ability to lawfully possess a firearm. If the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibilities concomitant with the possession of a firearm, the court may enter an order allowing the petitioner to possess a firearm.
(b) The circuit clerk of each county shall provide the Superintendent of the West Virginia State Police or his or her designee with a certified copy of any order entered pursuant to the provisions of this section. If the order restores the petitioner's ability to possess a firearm, petitioner's name shall be promptly removed from the central state mental health registry and the superintendent shall forthwith inform the Federal Bureau of Investigation or other federal entity operating the National Instant Criminal Background Check System of the court action.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 185--A Bill to amend and reenact §61-7-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §27-3-1 of said code; and to amend said code by adding thereto a new article, designated §61-7A-1, §61-7A-2, §61- 7A-3, §61-7A-4 and §61-7A-5, all relating to clarifying mental conditions which prohibit firearms' possession and disclosure of prohibited firearm possession; disclosure of confidential information; notice of surrender of firearms under certain conditions; right to petition to regain ability to possess firearms; legislative intent; definitions; requiring state registry of persons precluded firearms' possession due to mental condition; authorizing reporting of information to national registry; limitations on use of information; and establishing a procedure for petitioning to regain right to possess a firearm.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 185, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 185) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 317, Updating physician and podiatrist licensing requirements.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page thirteen, section ten, line two hundred thirty-three, after the word "person" by inserting the words "not previously licensed in West Virginia".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 317, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 317) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 373, Authorizing Department of Environmental Protection promulgate legislative rules.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Department of Environmental Protection.
(a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants 45 CSR 34), is authorized.
(b) The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (ambient air quality standard for nitrogen dioxide, 45 CSR 12), is repealed.
(c) The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants pursuant to 40 CFR part 61, 45 CSR 15), is repealed.
(d) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources 45 CSR 16), is authorized.
(e) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of solid waste, 45 CSR 18), is authorized.
(f) The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (to prevent and control emissions from hospital/medical/infectious waste incinerators, 45 CSR 24), is repealed.
(g) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from hazardous waste treatment, storage and disposal facilities, 45 CSR 25), is authorized.
(h)
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of annual nitrogen oxides emissions, 45 CSR 39), is authorized.
(i) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on the fourteenth day of January, two thousand eight, relating to the Department of Environmental Protection (control of ozone season nitrogen oxides emissions, 45 CSR 40), is authorized.
(j)
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of annual sulfur dioxide emissions, 45 CSR 41), is authorized.
(k) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section nineteen, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourteenth day of January, two thousand eight, relating to the Department of Environmental Protection (greenhouse gas emissions inventory program, 45 CSR 42), is authorized.
(l)
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (control of air pollution from combustion of refuse, 45 CSR 6), is authorized.
(m)
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourteenth day of January, two thousand eight, relating to the Department of Environmental Protection (ambient air quality standards, 45 CSR 8), is authorized.
(n
) The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this code, relating to the Department of Environmental Protection (ambient air quality standards for carbon monoxide and ozone, 45 CSR 9), is repealed.
(o
) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article three-a, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Department of Environmental Protection (surface mining blasting, 199 CSR 1), is authorized, with the following amendments:
On page nine, section 3, after "3.8.a." by inserting the following: At least thirty days prior to commencing blasting, an operator's designee shall notify in writing all owners and occupants of man-made dwellings or structures that the operator or operator's designee will perform preblast surveys.

(p ) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article three, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Department of Environmental Protection (surface mining reclamation, 38 CSR 2), is authorized, with the following amendments:
On pages one hundred twenty-six through one hundred thirty- two, by striking out subsection 11.8. in its entirety
.
(q
) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section three, article twenty-two, chapter twenty-two of this code, relating to the Department of Environmental Protection (voluntary remediation and development, 60 CSR 3), is authorized.
(r) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section four, article twenty-five, chapter twenty- two of this code, relating to the Department of Environmental Protection (environmental excellence program, 60 CSR 8), is authorized.
(s) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section twenty-three, article fifteen, chapter twenty- two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand seven, relating to the Department of Environmental Protection (standards for beneficial use of filtrate from water treatment plants, 33 CSR 9), is authorized.
(t) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section three, article fifteen-a, chapter twenty- two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand seven, relating to the Department of Environmental Protection (recycling assistance grant program, 33 CSR 10), is authorized, with the following amendments:
On page twelve, subdivision 5.1.10., after the words "telephone costs." by striking out the remainder of the subdivision and by inserting in lieu thereof the following: "Rent or lease charges related to a recycling program for a building, or office space are allowable expenditures. However, to obtain grant funds for rent or lease charges, the applicant shall provide the department with a copy of the written rental or lease agreement which shall exceed twenty years and meet the following criteria:
a. The rental or lease agreement shall not contain any cancellation or termination clause,
b. The rental or lease agreement shall not be transferrable, and
c. The rental or lease agreement shall not allow for subleasing;"
On page twelve, by striking out all of subdivision 5.1.11. and inserting in lieu thereof the following, to read as follows:
"5.1.11 Recycling Facility Construction, Improvement and Repairs -- A grant may be used for, but not limited to, new construction or repairs or minor improvements to an existing recycling facility, such as loading docks, sheds, structures, abutment walls, fences, roof repair, gravel or paving, if the land is owned or leased by the grantee. However, to obtain grant funds for construction, improvements and repairs for rental or leased property, the applicant shall provide the department a copy of the written rental or lease agreement which shall exceed twenty years and meet the criteria stated in subdivision 5.1.10. of this rule;"
On page thirteen, subdivision 5.2.2., by striking out the words "and buildings";
And,
On page thirteen, subdivision 5.2.7 after the words "(planting, mowing, weeding, etc.)" by inserting the words "unless the purpose is to provide natural screening to neighboring properties".
(u) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section six, article eighteen, chapter twenty-two of this code, relating to the Department of Environmental Protection (hazardous waste management system, 33 CSR 20), is authorized.
(v) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section six, article seventeen, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand seven, relating to the Department of Environmental Protection (underground storage tanks, 33 CSR 30), is authorized.
(w) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section four, article eleven, chapter twenty-two of this code, relating to the Department of Environmental Protection (National Pollutant Discharge Elimination System (NPDES) program, 47 CSR 10), is authorized.
(x) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article eleven, chapter twenty-two of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand seven, relating to the Department of Environmental Protection (WV/NPDES rules for coal mining facilities, 47 CSR 30), is authorized with the following amendments:
On page one, subsection 1.8., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page two, subsection 2.6., by striking out the word "Secretary's" and inserting in lieu thereof the word "Director's";
On page two, subsection 2.6., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page three, after subsection 2.14. by inserting a new subsection 2.15., to read as follows:
2.15. "Director" means the director of the Division of Water and Waste Management.;
And renumbering the remaining subsections;
On page three, subsection 2.17., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page three, subsection 2.18., by striking out the word "Secretary's" and inserting in lieu thereof the word "Director's";
On page four, subsection 2.28., after the words "by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page four, subsection 2.28., after the words "with the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page four, subdivision 2.31.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page five, subsection 2.37., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.50., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.51., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page six, subparagraph 3.1.a.6.D, by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seven, subparagraph 3.1.a.6.G, after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seven, subparagraph 3.1.a.6.G, after the words "when the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seven, subdivision 3.2.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "application the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "if the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.c.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 3.6., by striking out the word "Secretary" and inserting in lieu thereof the words "Director of the Division of Water and Waste Management";
On page nine, subdivision 3.6.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "adopted by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "enforced by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.c., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.c., after the words "by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.d., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.2., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.2., after the words "or the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the words "when the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the words "to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subdivision 4.5.a., after the words "provide the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page ten, subdivision 4.5.a., after the words "by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.a.17., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.a.17., after the words "and the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, subdivision 4.5.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words "addition, the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words "effluents, the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twelve, part 4.5.b.1.A.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "to the" by striking out the comma and the word "Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "as the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.d.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, subparagraph 4.5.d.1.F., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, paragraph 4.5.d.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, paragraph 4.5.e.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, subparagraph 4.5.f.2.A., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words "rule, the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words "notice, the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, subdivision 4.7.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, paragraph 4.7.b.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, subdivision 4.7.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subdivision 5.1.g., by striking out the word "secretary" and inserting in lieu thereof the words "Secretary or Director";
On page nineteen, subsection 5.7., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "shall furnish to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "which the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "shall also furnish to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.10., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty, paragraph 5.11.d.7., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.g., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subsection 5.12., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subparagraph 5.13.d.2.B., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subparagraph 5.13.d.2.C., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, paragraph 5.13.d.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, paragraph 5.13.d.4., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.A.4., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.B.4., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.f., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.g., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, paragraph 5.14.d.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the words "if the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subsection 5.16., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subsection 6.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, paragraph 6.2.d.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, paragraph 6.2.d.3., after the words "Subpart G, the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, subparagraph 6.2.h.1.A., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, subparagraph 6.2.h.2.B., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, subdivision 6.2.i., by striking out the word "Secretary's" and inserting in lieu thereof the word "Director's";
On page twenty-eight, paragraph 6.2.o.5., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-nine, subdivision 7.7.d., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 7.9.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.a., by striking out the word "Secretary's" and inserting in lieu thereof the word "Director's";
On page thirty, subdivision 8.1.a., after the words "to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.a., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.2.a., after the words "to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.2.a., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subdivision 8.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, paragraph 8.2.c.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words "where the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words "by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words "to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-two, subparagraph 8.2.c.2.B., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-two, subparagraph 8.2.c.2.D., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-three, subparagraph 8.2.c.2.L., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-three, paragraph 8.3.a.1., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-three, paragraph 8.3.a.1., after the words "and the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-three, paragraph 8.3.c.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, paragraph 9.2.a.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-six, subparagraph 10.2.d.1.B., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-six, paragraph 10.2.d.2, by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subparagraph 10.2.e.1.G., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.3.a., after the word "the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.3.a., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.4.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.5.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words "advises the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words "then the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words "advises the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words "resources, the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.d., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.e., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty, paragraph 12.3.a.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subsection 13.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, paragraph 13.1.b.5. by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.1.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.2.b., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.2.b., after the word "the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subsection 14.1., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.b., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words "by the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words "variance, the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 15.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-three, subsection 15.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
And,
On page forty-three, subdivision 15.2.c., by striking out the word "Secretary" and inserting in lieu thereof the word "Director".
(y)
The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section seven-b, article eleven, chapter twenty- two of this code, relating to the Department of Environmental Protection (requirements governing water quality standards, 47 CSR 2), is authorized, with the following amendments:
On page two, by striking out subsection 2.20. "Waters of special concern" in its entirety and renumbering the remaining subsections;
On page four, by striking out subdivision 4.1.c. in its entirety and renumbering the remaining subdivisions;
And,
On page four, newly designated 4.1.c. after the word "State", by changing the period to a comma and adding the following: all Federally designated rivers under the "Wild and Scenic Rivers Act", 16 U.S.C. §1271 et seq.; all streams and other bodies of water in state parks which are high quality waters or naturally reproducing trout streams; waters in national parks and forests which are high quality waters or naturally reproducing trout streams; waters designated under the "National Parks and Recreation Act of 1978", as amended; and pursuant to subsection 7.1. of 60CSR5, those waters whose unique character, ecological or recreational value, or pristine nature constitutes a valuable national or state resource.;
And,
On pages sixteen through twenty-six by striking Appendix A and inserting in lieu thereof the following:
APPENDIX A

CATEGORY B-2 - TROUT WATERS


This list contains known trout waters and is not intended to exclude any waters which meet the definition in Section 2.20. 2.19.

River BasinCountyStream

James River
JMonroeSouth Fork Potts Creek

Potomac River
PJeffersonTown Run
P"Rocky Marsh Run
PBerkeleyOpequon Creek
P"Tuscarora Creek
(Above Martinsburg)
P"Middle Creek
(Above Route 30 Bridge)
P"Mill Creek
P"Hartland Run
P"Mill Run
P"Tillance Creek
PMorganMeadow Branch

PSJeffersonFlowing Springs Run
(Above Halltown)
PS"Cattail Run
PS"Evitt's Run
PS"Big Bullskin Run
PS"Long Marsh Run

PCHampshireCold Stream
PC"Edwards Run and Impoundment
PC"Dillons Run
PCHardyLost River
PC"Camp Branch
PC"Lower Cove Run
PC"Moores Run
PC"North River (Above Rio)
PC"Waites Run
PC"Trout Run
PC"Trout Pond (Impoundment)
PC"Warden Lake (Impoundment)
PC"Rock Cliff Lake (Impoundment)

River BasinCountyStream
PSBHampshireMill Creek
PSB"Mill Run
PSBHardyDumpling Creek
PSBGrant-PendletonNorth Fork South Branch
PSBGrantNorth Fork Lunice Creek
PSB"South Fork Lunice Creek
PSB"South Mill Creek (Above Hiser)
PSB"Spring Run
PSBPendletonHawes Run (Impoundment)
PSB"Little Fork
PSB
"South Branch (Above North Fork)

PSB"Senena Creek
PSB"Laurel Fork
PSB"Big Run

Potomac River

PNBMineralNorth Fork Patterson Creek
PNB"Fort Ashby (Impoundment)
PNB"New Creek
PNB"New Creek Dam 14 (Impoundment)
PNB"Mill Creek (Above Markwood)

Monongahela River

MMonongalia-MarionWhiteday Creek
(Above Smithtown)
MCMonongaliaMorgan Run
MC"Coopers Rock (Impoundment)
MC"Blaney Hollow
MCPrestonLaurel Run
MC"Elsey Run
MC"Saltlick Creek
MC"Buffalo Creek
MC"Wolf Creek
MCTuckerClover Run
MC"Elklick Run
MC"Horseshoe Run
MC"Maxwell Run
MC"Red Creek
MC"Slip Hill Mill Branch
MC"Thomas Park (Impoundment)
MC"Blackwater River (Above Davis)
MC"Blackwater River (Below Davis)
MCRandolphCamp Five Run
MC"Dry Fork (Above Otter Creek)
MC"Glady Fork
MC"Laurel Fork
MC"Gandy Creek (Above Whitmer)
MC"East Fork Glady Fork (Above C
& P Compressor Station)
River BasinCountyStream
MCRandolphShavers Fork
(Above Little Black Fork)
MC"Three Spring Run
MC"Spruce Knob Lake (Impoundment)

MWHarrisonDog Run (Pond)
MWLewis
Stonecoal


MTBarbourBrushy Fork
(Above Valley Furnace)
MT"Teter Creek Lake (Impoundment)
MT"Mill Run
MTTaylor-BarbourTygart Lake Tailwaters
(Above Route 119 Bridge)
MTPrestonRoaring Creek
(Above Little Lick Branch)
MTRandolphTygart River (Above Huttonsville)
MT"Elkwater Fork
MT"Big Run

MTBUpshur-Randolph-LewisRight Fork Buckhannon River
MTBUpshurBuckhannon River
(Above Beans Mill)
MTBUpshurFrench Creek

Monongahela River

MTBUpshur-RandolphLeft Fork Right Fork

MTNUpshurRight Fork Middle Fork River
MTMRandolphMiddle Fork River (Above Cassity)

MYPrestonRhine Creek

Little Kanawha River

LKUpshurLeft Fork-Right Fork Little Kanawha River)
LKUpshur-LewisLittle Kanawha River
(Above Wildcat)

Kanawha River

KEBraxtonSutton Reservoir
KE"Sutton Lake Tailwaters
(Above Route 38/5 Bridge)
KEWebsterBack Fork
KE"Desert Fork
KE"Fall Run
KE"Laurel Fork

River BasinCountyStream
KE"
Left Fork Holly River


KE"Sugar Creek
KE"Elk River (Above Webster Springs)
KCRaleighStephens Lake (Impoundment)
KC"Marsh Fork (Above Sundial)
KGNicholasSummersville Reservoir (Impoundment)

KG"Summersville Tailwaters
(Above Collison Creek)
KGNicholasDeer Creek
KGRandolph-WebsterGauley River
(Above Moust Coal Tipple)
KGFayetteGlade Creek
KGNicholasHominy Creek
KG"Anglins Creek
KGGreenbrier Big Clear Creek
KG"Little Clear Creek and Laurel Run
KG"Meadow Creek
KGFayetteWolf Creek
KGNicholasCherry River
KGGreenbrier-NicholasLaurel Creek
KG""North Fork Cherry River
KGGreenbrierSummit Lake (Impoundment)
KGGreenbrier-NicholasSouth Fork Cherry River

Kanawha River

KGCPocahontas-Webster-Cranberry River
Nicholas
KGCPocahontasSouth Fork Cranberry River

KGWPocahontasTea Creek
KGWPocahontas-WebsterWilliams River (Above Dyer)

KNRaleighGlade Creek
KNSummersMeadow Creek
KNFayetteMill Creek
KN"Laurel Creek (Above Cotton Hill)
KNRaleighPinch Creek
KNMonroeRich Creek
KN"Turkey Creek
KNFayetteDunloup Creek (Downstream from Harvey Sewage Treatment Plant)
KNMercerEast River (Above Kelleysville)
KN"Pigeon Creek
KNMonroeLaurel Creek

KNGMonroeKitchen Creek (Above Gap Mills)
KNGGreenbrierCulverson Creek
KNG"Milligan Creek

River BasinCountyStream
KNGGreenbrier-MonroeSecond Creek
(Rt. 219 Bridge to Nickell's Mill)
KNGGreenbrierNorth Fork Anthony Creek
KNG"Spring Creek
KNG"Anthony Creek (Above Big Draft)
KNGPocahontasWatoga Lake
KNG"Beaver Creek
KNG"Knapp's Creek
KNG"Hills Creek
KNG"North Fork Deer Creek
(Above Route 28/5)
KNG"Deer Creek
KNG"Sitlington Creek
KNG"Stoney Creek
KNG"Swago Creek
KNG"Buffalo Fork (Impoundment)
KNG"Seneca (Impoundment)
KNG"Greenbrier River
(Above Hosterman)
KNG"West Fork-Greenbrier River
(Above the impoundment
at the tannery)
KNG"Little River-East Fork
KNG"Little River-West Fork
KNG"Five Mile Run
KNG"Mullenax Run
KNG"Abes Run
KNBMercerMarsh Fork
KNB"Camp Creek

OGWyomingPinnacle creek

BSTMcDowellDry Fork (Above Canebrake)

(z) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section seven-b, article eleven, chapter twenty- two of this code, relating to the Department of Environmental antidegradation implementation procedures, 60 CSR 5), is authorized with the amendment set forth below:
On page two, subsection 3.2. by striking out the words "Tier 2.5 or";
On page three, by striking out subdivision 3.5.a. in its entirety and by renumbering the remaining subdivisions;
On page three, new subdivision 3.5.a., after the words "Wilderness Area" by inserting the words "or otherwise included in 47CSR2-4.1.c.";
On page three, new subdivision 3.5.b., after the words "Wilderness Area" by striking out the words "not listed pursuant to subsection 8.2. and not listed in Appendix A of this rule" and inserting in lieu thereof, the words "or otherwise included in 47CSR2-4.1.c. or listed pursuant to subsection 7.1. of this rule";
On page three, new subdivision 3.5.d. by striking out the words "Tier 2.5 or";
On page three, subsection 3.7. by striking out the words "Tier 2.5 or";
On page four, subsection 3.8., by striking out the words "Tier 2.5 or";
On pages nine through eleven, by striking out section six in its entirety and renumbering the remaining sections;
On page eleven, subsection 7.2., by striking out "47CSR2- 4.1.d." and inserting in lieu thereof the words "47CSR2-4.1.c.";
On page thirteen, by striking out the section caption and inserting in lieu thereof a new section caption to read as follows:
§60-5-7. Designation of Tier 3 Waters.;
On pages thirteen and fourteen, by striking out section 8.1. in its entirety and renumbering the remaining subsection;
On page fourteen, new subsection 7.2.a.1., following the words "nominated segment." by striking out the word "Where" and inserting in lieu thereof, the following: When a good faith effort to notify individual property owners has failed, and".
On page fifteen, subsection 9.3. by striking out the words "2.5,";
On page fifteen, subsection 9.6, after the word "Board", by striking out the colon and the remainder of the subsection;
On pages sixteen through twenty-one by striking out Appendix A in its entirety;
And,
On page twenty-two by striking out the caption and inserting in lieu thereof the caption "APPENDIX A".
§64-3-2. Solid Waste Management Board.
The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section nine-a, article four, chapter twenty-two-c of this code, modified by the Solid Waste Management Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand seven, relating to the Solid Waste Management Board (performance measures and review standards for solid waste authorities operating commercial solid waste facilities, 54 CSR 6), is authorized.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 373--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; 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; repealing certain legislative rules; authorizing the Department of Environmental Protection to promulgate legislative rules relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to repeal a legislative rule relating to the ambient air quality standard for nitrogen dioxide; authorizing the Department of Environmental Protection to repeal a legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from combustion of solid waste; authorizing the Department of Environmental Protection to repeal a legislative rule relating to the prevention and control of emissions from hospital/medical/infectious waste incinerators; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of annual nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of annual sulfur dioxide emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to greenhouse gas emissions inventory program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from combustion of refuse; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to repeal a legislative rule relating to ambient air quality standards for carbon monoxide and ozone; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining blasting; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and development; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to environmental excellence program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards for the beneficial use of filtrate from water treatment plants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the Recycling Assistance Grant Program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to underground storage tanks; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the National Pollutant Discharge Elimination System (NPDES) Program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to WV/NPDES rules for coal mining facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to antidegradation implementation procedures; and authorizing the Solid Waste Management Board to promulgate a legislative rule relating to performance measures and review standards for solid waste authorities operating commercial solid waste facilities.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 373, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 373) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 373) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 565, Relating to increased real property assessment notice.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, section two-a, line one, before the word "If" by inserting "(a)";
On page three, section two-a, after line thirty-three, by inserting a new subsection, designated subsection (b), to read as follows:
(b) During the initial reappraisal of all property under section seven, article one-c of this chapter, the tax commissioner and each county assessor shall send every person owning or controlling property appraised by the tax commissioner or the county assessor, as the case may be, a pamphlet which explains the reappraisal process and its equalization goal in a detailed yet informal manner. The property valuation training and procedures commission, created under section three, article one-c of this chapter, shall design the pamphlet for use in all counties while allowing individual county information to be included if it determines that the information would improve understanding of the process.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 565--A Bill to amend and reenact §11-3-2a of the Code of West Virginia, 1931, as amended, relating to notices of increased assessment; and requiring notice of an increase in the assessed valuation of real property only if the increase is one thousand dollars or more.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 565, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 565) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 565) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 570, Allowing county commissions' involvement in joint development efforts.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, section nine-b, lines four and five, by striking out the words "county commissions, municipalities" and inserting in lieu thereof the words "county governing bodies, municipal governing bodies";
On page two, section nine-b, lines fifteen and sixteen, by striking out the words "county commissions, municipalities" and inserting in lieu thereof the words "county governing bodies, municipal governing bodies";
And,
On page two, section nine-b, line twenty-four, by striking out the words "county commission, municipality" and inserting in lieu thereof the words "county governing body, municipal governing body".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 570, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 570) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. House Bill No. 4557, Relating to continuing education for insurance producers.
On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators Minard, Oliverio and McKenzie.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Bowman, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for House Bill No. 4511, Relating to zoning ordinance adoption by election or otherwise.
Passed by the Senate on yesterday, Wednesday, March 5, 2008,
The bill now being in the possession of the Senate,
On motion of Senator Bowman, the Senate reconsidered the vote as to the effective date, title amendment and passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Bowman, the Senate reconsidered the vote by which on yesterday, Wednesday, March 5, 2008, it adopted the Government Organization committee amendment to the bill (shown in the Senate Journal of that day, pages 96 to 103, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of the Government Organization committee amendment to the bill.
On motion of Senator Bowman, the following amendments to the Government Organization committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4511) were reported by the Clerk, considered simultaneously, and adopted:
On page nine, section thirteen, subsection (j), after the words "If a governing body" by inserting the words "of a county";
On page nine, section thirteen, subsection (j), after the words "with the governing body" by inserting the words "of the county";
And,
On page nine, section thirteen, subsection (j), after the words "by the governing body" by inserting the words "of the county".
The question now being on the adoption of the Government Organization committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4511), as amended, the same was put and prevailed.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4511) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4511) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4511--A Bill to amend and reenact §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8A-7-8a, all relating to zoning ordinances; reducing the threshold for triggering a zoning ordinance election by petition; setting forth procedures for amending a zoning ordinance; requirements for adopting an amendment to a zoning ordinance; requiring specific notice requirements to affected owners of affected parcels when a proposed zoning ordinance modification would change the zoning classification of a parcel of land; clarifying the relevant notice and adoption procedures as they pertain to adoption or modification of a nontraditional zoning ordinance.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4511) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed for five minutes.
Night Session

Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 2930, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. H. B. No. 2930) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2967, Creating the "West Virginia Remembers Program".
Eng. Com. Sub. for House Bill No. 4472, Requiring a board of education to wait ten days before posting a new job opening following the death of an employee.
And,
Eng. Com. Sub. for House Bill No. 4554, Testing school bus operators every other year.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2967, 4472 and 4554) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4021, Revising mining safety equipment requirements and enhancing penalties for crimes against mining property.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4021) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4022, Relating to compensation and expenses of panel attorneys providing public defender services.
With amendments from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on March 4, 2008;
And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. House Bill No. 4038, Allowing the Division of Labor to promulgate Rules to license elevator workers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 4038) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4041, Relating to the regulation and treatment of the production of natural gas and coalbed methane.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4041) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. Com. Sub. for House Bill No. 4047, Prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4047) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Transportation and Infrastructure pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4059, Relating to medical qualifications for school bus operators.
With an amendment from the Committee on Health and Human Resources pending;
And has also amended same.
Now on second reading, having been read a first time and referred to the Committee on Education on March 4, 2008;
And reports the same back with the recommendation that it do pass as amended by the Committee on Health and Human Resources to which the bill was first referred; and as last amended by the Committee on Education.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4092, Changing the requirements for licensure as a forester or forestry technician and giving the Board of Foresters rule-making authority.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4092) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4331, Eliminating the requirement to send surrendered driver's licenses back to the original state of licensure.
With an amendment from the Committee on Transportation and Infrastructure pending;
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 4, 2008;
And reports the same back with the recommendation that it do pass as amended by the Committee on Transportation and Infrastructure to which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 4333, Relating to requiring an insurance company to withhold a specified amount from insurance proceeds to cover costs of fire cleanup of a structure.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4333) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4348, Adding language to the code for fees for tests and certificates that were already imposed.
With an amendment from the Committee on the Judiciary pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4348) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4402, Relating to compulsive gambling.
With amendments from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on March 5, 2008;
And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 4404, Discount Medical Plan Organizations and Discount Prescription Drug Plan Organizations Act.
With an amendment from the Committee on Health and Human Resources pending;
Now on second reading, having been read a first time and referred to the Committee on Banking and Insurance on March 4, 2008;
And reports the same back with the recommendation that it do pass as amended by the Committee on Health and Human Resources to which the bill was first referred.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4438, Relating to air pollution control.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4438) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4465, Relating to fees charged by the Secretary of State.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 3, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4474, Relating to registered nurses required in operating rooms.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4474) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4477, Relating to payment of GED exam fees.
Eng. House Bill No. 4670, Authorizing the Public Employees Insurance Agency to charge interest to employers on amounts not paid on time.
And,
Eng. House Bill No. 4684, Amending the West Virginia Film Industry Investment Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (Eng. H. B. Nos. 4477, 4670 and 4684) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4495, Limiting the use of the titles "registered nurse", "nurse practitioner", and "nurse" to certain qualified individuals.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4495) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4513, Relating to the reimbursement of costs for newborn screenings.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 29, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4515, Relating to reports by health care providers of persons incompetent to drive an automobile.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4515) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4524, Relating generally to the ethical standards of public officers, employees and lobbyists.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4524) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4527, Allowing county commissions to regulate subdivisions and land development without adopting a plan.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4527) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4567, Attracting private investment for the financing, construction and operation of additional lodging units at Stonewall Jackson Lake State Park.
With amendments from the Committee on Natural Resources pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Natural Resources to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4567) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4617, Allowing e-notification by using e-certified cards for verification of certified mail acceptance to the court of origin for service of process.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4617) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4619, Collaborative Family Law Proceedings.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4619) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4665, Herbert Henderson Office of Minority Affairs.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4665) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. Com. Sub. for House Bill No. 4476, Public-Private Transportation Facilities Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger requested unanimous consent that the bill (Eng. Com. Sub. for H. B. No. 4476) contained in the preceding report from the Committee on Transportation and Infrastructure be taken up for immediate consideration.
Which consent was not granted, Senator Yoder objecting.
On motion of Senator Unger, the bill (Eng. Com. Sub. for H. B. No. 4476) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Transportation and Infrastructure pending.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Barnes, and by unanimous consent, it was ordered that the Journal show had Senator Barnes been present in the chamber on yesterday, Wednesday, March 5, 2008, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 493, Engrossed Committee Substitute for Senate Bill No. 494, Engrossed Committee Substitute for Senate Bill No. 507, Engrossed Committee Substitute for Senate Bill No. 519, Engrossed Senate Bill No. 775, Engrossed Committee Substitute for House Bill No. 2881, Engrossed Committee Substitute for House Bill No. 3056, Engrossed Committee Substitute for House Bill No. 3065, Engrossed House Bill No. 4019, Engrossed Committee Substitute for House Bill No. 4028 Engrossed House Bill No. 4069, Engrossed House Bill No. 4072, Engrossed House Bill No. 4073, Engrossed House Bill No. 4080, Engrossed House Bill No. 4085, Engrossed Committee Substitute for House Bill No. 4099, Engrossed Committee Substitute for House Bill No. 4124, Engrossed Committee Substitute for House Bill No. 4137, Engrossed Committee Substitute for House Bill No. 4141, Engrossed Committee Substitute for House Bill No. 4144, Engrossed Committee Substitute for House Bill No. 4206, Engrossed Committee Substitute for House Bill No. 4209, Engrossed Committee Substitute for House Bill No. 4244, Engrossed Committee Substitute for House Bill No. 4255, Engrossed Committee Substitute for House Bill No. 4355, Engrossed Committee Substitute for House Bill No. 4368, Engrossed House Bill No. 4388, Engrossed Committee Substitute for House Bill No. 4421, Engrossed Committee Substitute for House Bill No. 4423, Engrossed Committee Substitute for House Bill No. 4482, Engrossed House Bill No. 4490, Engrossed Committee Substitute for House Bill No. 4500, Engrossed Committee Substitute for House Bill No. 4511, Engrossed Committee Substitute for House Bill No. 4557, Engrossed Committee Substitute for House Bill No. 4607, Engrossed Committee Substitute for House Bill No. 4624 and Engrossed House Bill No. 4628.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, March 7, 2008, at 11 a.m.
____________