Senate Daily Journal

sdj-60th day WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
SIXTIETH DAY
____________

Charleston, W. Va., Saturday, March 12, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend James Patterson, Institute Church of the Nazarene, Institute, West Virginia.
Pending the reading of the Journal of Friday, March 11, 2011,
On motion of Senator Jenkins, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from the Board of Social Work Examiners, submitting its annual report for fiscal year 2009 as required by chapter thirty, article one, section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
On motion of Senator Unger, the Senate recessed for five minutes to permit Donteako E. Wilson to address the Senate on behalf of the Judith A. Herndon Fellowship Program, Jared Wyrick on behalf of the Walter Rollins Scholars and Erin Shaver on behalf of the Legislative Information Journalism Internship Program.
Upon expiration of the recess, the Senate reconvened and proceeded to the fourth order of business.
Senator Edgell, from the Committee on Confirmations, submitted the following report, which was received:
Your Committee on Confirmations has had under consideration
Senate Executive Message No. 2, dated January 24, 2011, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 2 is submitted:
1.For Member, Board of Examiners of Psychologists, Robert Martin, Hamlin, Lincoln County, for the term ending June 30, 2013.
2.For Member, Board of Manufactured Housing Construction and Safety, George Gunnell, Winfield, Putnam County, for the term ending June 30, 2012.
3.For Member, Board of Chiropractic Examiners, Dr. Roger Kritzer, Fairmont, Marion County, for the term ending June 30, 2011.
4.For Member, Board of Chiropractic Examiners, Dr. Barry Stowers, Oak Hill, Fayette County, for the term ending June 30, 2013.
5.For Member, Shepherd University Board of Governors, Veronique Walker, Martinsburg, Berkeley County, for the term ending June 30, 2014.
6.For Member, Shepherd University Board of Governors, Gat Caperton, Shepherdstown, Berkeley County, for the term ending June 30, 2014.
7.For Member, Municipal Pensions Oversight Board, Darren Williams, Morgantown, Monongalia County, for the term ending June 30, 2015.
8.For Member, Municipal Pensions Oversight Board, C. Seth Wilson, Morgantown, Monongalia County, for the term ending June 30, 2012.
9.For Member, Fire Commission, Larry Goodwin, Vienna, Wood County, for the term ending June 30, 2015.
10.For Member, Regional Jail and Correctional Facility Authority, Dr. I. Frank Hartman, Buckhannon, Upshur County, for the term ending June 30, 2013.
11.For Member, Regional Jail and Correctional Facility Authority, Stephen Jory, Elkins, Randolph County, for the term ending June 30, 2013.
13.For Member, Parkways Authority, Cameron Lewis, Daniels, Raleigh County, for the term ending June 30, 2015.
14.For Member, Water Development Board, Mike Duplaga, Jr., Wheeling, Ohio County, for the term ending June 30, 2016.
15.For Member, Natural Resources Commission, Kenneth Wilson, Chapmanville, Logan County, for the term ending June 30, 2017.
16.For Member, Pierpont Community and Technical College Board of Governors, Dixie Copley, Fairmont, Marion County, for the term ending June 30, 2014.
17.For Member, Pierpont Community and Technical College Board of Governors, James Griffin, Bridgeport, Harrison County, for the term ending June 30, 2014.
18.For Member, Pierpont Community and Technical College Board of Governors, Linda Aman, Jane Lew, Lewis County, for the term ending June 30, 2014.
19.For Member, Pierpont Community and Technical College Board of Governors, Rick Pruitte, Fairmont, Marion County, for the term ending June 30, 2014.
20.For Member, Board of Physical Therapy, Gina Brown, Daniels, Raleigh County, for the term ending June 30, 2015.
21.For Member, Nursing Home Administrators Licensing Board, Beverly Jezioro, Flemington, Taylor County, for the term ending June 30, 2013.
22.For Member, Marshall University Board of Governors, Michael Sellards, Huntington, Cabell County, for the term ending June 30, 2014.
23.For Member, Marshall University Board of Governors, The Honorable Oshel B. Craigo, Winfield, Putnam County, for the term ending June 30, 2014.
24.For Member, Marshall University Board of Governors, Joseph McDonie, Milton, Cabell County, for the term ending June 30, 2014.
25.For Member, Board of Pharmacy, Martin Castleberry, Charleston, Kanawha County, for the term ending June 30, 2013.
26.For Member, Board of Pharmacy, Charles Woolcock, Barboursville, Cabell County, for the term ending June 30, 2014.
27.For Member, Board of Pharmacy, Sam Kapourales, Williamson, Mingo County, for the term ending June 30, 2014.
28.For Member, Board of Pharmacy, Carl Hedrick, Jr., Elkins, Randolph County, for the term ending June 30, 2015.
29.For Member, Parole Board, James Colombo, Parkersburg, Wood County, for the term ending June 30, 2015.
30.For Member, Board of Occupational Therapy, Kathy Quesenberry, Princeton, Mercer County, for the term ending December 31, 2010.
31.For Member, Board of Occupational Therapy, Phillip Simpson, Huntington, Cabell County, for the term ending December 31, 2010.
32.For Member, Board of Professional Surveyors, Anthony Sparacino, Jr., Beckley, Raleigh County, for the term ending June 30, 2012.
33.For Member, Board of Professional Surveyors, Roy Shrewsbury, Beckley, Raleigh County, for the term ending June 30, 2013.
34.For Member, Board of Professional Surveyors, Mark Hornish, Sutton, Braxton County, for the term ending June 30, 2013.
35.For Member, Board of Professional Surveyors, Nelson Douglass, Parkersburg, Wood County, for the term ending June 30, 2014.
36.For Member, Board of Professional Surveyors, R. Michael Shepp, Shepherdstown, Jefferson County, for the term ending June 30, 2011.
37.For Member, West Liberty University Board of Governors, Brian Joseph, Triadelphia, Ohio County, for the term ending June 30, 2014.
38.For Member, West Liberty University Board of Governors, Patrick Kelly, Charleston, Kanawha County, for the term ending June 30, 2012.
39.For Member, Higher Education Policy Commission, Jenny Allen, Shepherdstown, Jefferson County, for the term ending June 30, 2011.
40.For Member, Board of Examiners of Psychologists, Shirley Vinciguerra, Bluefield, Mercer County, for the term ending June 30, 2012.
41.For Member, Parkways Authority Local Committee, John Myers, Scott Depot, Putnam County, to serve at the will and pleasure of the Governor.
42.For Member, Parkways Authority Local Committee, Marty Chapman, Teays, Putnam County, to serve at the will and pleasure of the Governor.
43.For Member, Parkways Authority Local Committee, The Honorable Charles Lanham, Point Pleasant, Mason County, to serve at the will and pleasure of the Governor.
44.For Member, Parkways Authority Local Committee, Lynne Fruth, Point Pleasant, Mason County, to serve at the will and pleasure of the Governor.
45.For Member, Educational Broadcasting Authority, Ellen Spears, Elkins, Randolph County, for the term ending June 30, 2013.
46.For Member, Educational Broadcasting Authority, Karen Stakem, Wheeling, Ohio County, for the term ending June 30, 2015.
47.For Member, Educational Broadcasting Authority, Mark Polen, Charleston, Kanawha County, for the term ending June 30, 2012.
48.For Member, Educational Broadcasting Authority, William File III, Beckley, Raleigh County, for the term ending June 30, 2016.
49.For Member, Northern Community College Board of Governors, Alfred Renzella, Glen Dale, Marshall County, for the term ending June 30, 2012.
50.For Member, Higher Education Policy Commission, David Hendrickson, Charleston, Kanawha County, for the term ending June 30, 2014.
51.For Member, Probable Cause Review Board, Daniel Guida, Weirton, Brooke County, for the term ending June 30, 2012.
52.For Member, Probable Cause Review Board, Michael Kawash, Charleston, Kanawha County, for the term ending June 30, 2011.
53.For Member, Probable Cause Review Board, Reverend James Shepherd, Huntington, Cabell County, for the term ending June 30, 2012.
54.For Member, Consolidated Public Retirement Board, Donald T. Murray, Chester, Hancock County, for the term ending June 30, 2013.
55.For Member, School Building Authority, Eric Lewis, Charles Town, Jefferson County, for the term ending July 31, 2013.
56.For Member, Veterans' Council, Patrick Farrell, Bridgeport, Harrison County, for the term ending June 30, 2016.
57.For Member, West Virginia University -- Parkersburg Board of Governors, Cheryl Donohoe, Ripley, Jackson County, for the term ending June 30, 2014.
58.For Member, West Virginia University -- Parkersburg Board of Governors, Steve Chancey, Ripley, Jackson County, for the term ending June 30, 2012.
59.For Member, Lottery Commission, Roy Shrewsbury II, Beckley, Raleigh County, for the term ending June 30, 2014.
60.For Member, Southern West Virginia Community and Technical College Board of Governors, Kevin Fowler, Muskogee, Oklahoma, for the term ending June 30, 2014.
61.For Member, Southern West Virginia Community and Technical College Board of Governors, Wilma Zigmond, Logan, Logan County, for the term ending June 30, 2014.
62.For Member, Broadband Deployment Council, Ken Arndt, Charleston, Kanawha County, for the term ending December 31, 2011.
64.For Member, Council for Community and Economic Development, Walter Brown, Martinsburg, Berkeley County, for the term ending June 30, 2012.
65.For Member, Board of Registration for Professional Engineers, Leonard Joseph Timms, Jr., Bridgeport, Harrison County, for the term ending June 30, 2015.
66.For Member, Board of Registration for Professional Engineers, Edward Robinson, Charleston, Kanawha County, for the term ending June 30, 2014.
67.For Member, Board of Registration for Professional Engineers, William Pierson, Scott Depot, Putnam County, for the term ending June 30, 2013.
68.For Member, Parkways Authority, Phil Diserio, Follansbee, Brooke County, for the term ending June 30, 2014.
69.For Member, Eastern West Virginia Community and Technical College Board of Governors, Rob Tissue, Moorefield, Hardy County, for the term ending June 30, 2014.
70.For Member, Eastern West Virginia Community and Technical College Board of Governors, Douglas Lambert, Petersburg, Grant County, for the term ending June 30, 2014.
71.For Member, Special Reclamation Fund Advisory Council, Ronald Pauley, Sumerco, Lincoln County, for the term ending June 30, 2012.
72.For Member, Tourism Commission, Joseph Manchin IV, Fairmont, Marion County, for the term ending May 1, 2012.
73.For Member, Tourism Commission, Ronald Marcus, Charles Town, Jefferson County, for the term ending May 1, 2012.
74.For Member, Tourism Commission, Marianne Moran, Fairmont, Marion County, for the term ending May 1, 2011.
75.For Member, Tourism Commission, Walter Brown, Martinsburg, Berkeley County, for the term ending May 1, 2011.
76.For Member, Real Estate Commission, Vaughn Kiger, Morgantown, Monongalia County, for the term ending June 30, 2012.
77.For Member, Real Estate Commission, Kathy Martin, Morgantown, Monongalia County, for the term ending June 30, 2014.
78.For Member, Real Estate Commission, Cheryl Skiles, Charleston, Kanawha County, for the term ending June 30, 2014.
79.For Member, Real Estate Commission, Kathy Zaferatos, Daniels, Raleigh County, for the term ending June 30, 2013.
80.For Member, Board of Banking and Financial Institutions, F. Michael Nelson, St. Marys, Pleasants County, for the term ending June 30, 2016.
81.For Member, Board of Banking and Financial Institutions, Larry Mazza, Bridgeport, Harrison County, for the term ending June 30, 2012.
82.For Member, Board of Banking and Financial Institutions, David Righter, Vienna, Wood County, for the term ending June 30, 2015.
83.For Member, Board of Banking and Financial Institutions, Joe Letnaunchyn, Charleston, Kanawha County, for the term ending June 30, 2014.
84.For Member, Board of Banking and Financial Institutions, Larry Moore, Ceredo, Wayne County, for the term ending June 30, 2014.
85.For Member, Board of Banking and Financial Institutions, Brent Gray, Jodie, Fayette County, for the term ending June 30, 2012.
87.For Member, Bluefield State College Board of Governors, Robert Perkinson, Jr., Bluefield, Mercer County, for the term ending June 30, 2014.
88.For Member, Bluefield State College Board of Governors, Aaron Saunders, Bluefield, Mercer County, for the term ending June 30, 2014.
89.For Member, Bluefield State College Board of Governors, Gloria Stephens, Welch, McDowell County, for the term ending June 30, 2014.
90.For Member, Unemployment Compensation Board of Review, Les Facemyer, Ripley, Jackson County, for the term ending January 1, 2011.
91.For Member, Board of Funeral Service Examiners, Keith Kimball, Franklin, Pendleton County, for the term ending June 30, 2013.
92.For Member, Board of Funeral Service Examiners, Ira Handley, Danville, Boone County, for the term ending June 30, 2011.
93.For Member, School Building Authority, Victor Gabriel, Bridgeport, Harrison County, for the term ending July 31, 2012.
94.For Member, Board of Examiners for Registered Professional Nurses, Ann Bostic, Charleston, Kanawha County, for the term ending June 30, 2015.
95.For Member, Board of Dental Examiners, Dr. C. Richard Gerber, St. Marys, Pleasants County, for the term ending June 30, 2015.
96.For Member, Board of Dental Examiners, Camille Arceneaux, Charleston, Kanawha County, for the term ending June 30, 2012.
97.For Member, Workforce Investment Council, Tom Provost, Belle, Kanawha County, for the term ending June 30, 2012.
98.For Member, Statewide Independent Living Council, Donald Carson, Beckley, Raleigh County, for the term ending June 30, 2013.
99.For Member, Statewide Independent Living Council, Karen Davis, Charleston, Kanawha County, for the term ending June 30, 2013.
100.For Member, Statewide Independent Living Council, LuAnn Decker, New Cumberland, Hancock County, for the term ending June 30, 2013.
101.For Member, Statewide Independent Living Council, Ronald Brown, Charleston, Kanawha County, for the term ending June 30, 2013.
102.For Member, Statewide Independent Living Council, Emily Markle, Morgantown, Monongalia County, for the term ending June 30, 2012.
103.For Member, Statewide Independent Living Council, Jan Lilly-Stewart, Charleston, Kanawha County, for the term ending June 30, 2013.
104.For Member, Statewide Independent Living Council, Vanessa VanGlider, Charleston, Kanawha County, for the term ending June 30, 2013.
105.For Member, Statewide Independent Living Council, Deborah Smith, Charleston, Kanawha County, for the term ending June 30, 2012.
106.For Member, Blue Ridge Community and Technical College Board of Governors, Al Britton, Charles Town, Jefferson County, for the term ending June 30, 2014.
107.For Member, Blue Ridge Community and Technical College Board of Governors, Teresa McCabe, Martinsburg, Berkeley County, for the term ending June 30, 2014.
108.For Member, Blue Ridge Community and Technical College Board of Governors, Tina Combs, Martinsburg, Berkeley County, for the term ending June 30, 2013.
109.For Member, Kanawha Valley Community and Technical College Board of Governors, Donna Adkinson, Charleston, Kanawha County, for the term ending June 30, 2014.
110.For Member, Kanawha Valley Community and Technical College Board of Governors, Ian Burdette, South Charleston, Kanawha County, for the term ending June 30, 2014.
111.For Member, Kanawha Valley Community and Technical College Board of Governors, Janna Inghram, Charleston, Kanawha County, for the term ending June 30, 2014.
112.For Member, Bridgemont Community and Technical College Board of Governors, Jane Harkins, Beckley, Raleigh County, for the term ending June 30, 2014.
113.For Member, Women's Commission, Kameron Miller, Charleston, Kanawha County, for the term ending June 30, 2013.
114.For Member, Women's Commission, Robin Stultz, Weston, Lewis County, for the term ending June 30, 2012.
115.For Member, Women's Commission, Stacy North, Morgantown, Monongalia County, for the term ending June 30, 2012.
116.For Member, Women's Commission, Nancy Sostaric, Berkeley Springs, Morgan County, for the term ending June 30, 2013.
117.For Member, Board of Directors of the West Virginia United Health System, Inc., Mark Nesselroad, Morgantown, Monongalia County, for the term ending October 15, 2016.
118.For Member, Board of Directors of the West Virginia United Health System, Inc., Francisco Perez, Kettering, Ohio, for the term ending October 15, 2016.
119.For Member, Board of Directors of the West Virginia United Health System, Inc., A. Michael Perry, Huntington, Cabell County, for the term ending October 15, 2016.
120.For Member, Board of Medicine, Dr. Kenneth Nanners, Wheeling, Ohio County, for the term ending September 30, 2015.
121.For Member, Glenville State College Board of Governors, Mike Forbes, Charleston, Kanawha County, for the term ending June 30, 2013.
122.For Member, Board of Examiners in Counseling, Dr. Lori Ellison, Hurricane, Putnam County, for the term ending June 30, 2014.
123.For Acting Commissioner, Bureau of Senior Services, Barbara Reynolds, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
124.For Acting Director, Office of Miners' Health, Safety and Training, C. A. Phillips, Pipestem, Summers County, to serve at the will and pleasure of the Governor.
125.For Member, West Virginia State University Board of Governors, The Honorable Larry L. Rowe, Charleston, Kanawha County, for the term ending June 30, 2011.
126.For Member, West Virginia State University Board of Governors, Leon Vincent Williams, Brentwood, Tennessee, for the term ending June 30, 2014.
127.For Member, Board of Education, Dr. William White, Bluefield, Mercer County, for the term ending November 4, 2019.
128.For Member, Investment Management Board of Trustees, Jack Rossi, Charleston, Kanawha County, for the term ending January 31, 2011.
129.For Member, Investment Management Board of Trustees, Steve Smith, Poca, Putnam County, for the term ending January 31, 2016.
130.For Member, Health Care Authority, Sonia Chambers, Huntington, Cabell County, for the term ending March 12, 2013.
131.For Member, Health Care Authority, Marilyn White, Wheeling, Ohio County, for the term ending March 12, 2015.
132.For Member, Health Care Authority, Jim Pitrolo, Charleston, Kanawha County, for the term ending March 12, 2011.
133.For Member, Election Commission, Brent Pauley, Charleston, Kanawha County, for the term ending June 4, 2011.
134.For Member, Children with Autism Trust Board, Denise Campbell, Elkins, Randolph County, for the term ending June 30, 2015.
135.For Member, Children with Autism Trust Board, Dr. Margaret Jaynes, Morgantown, Monongalia County, for the term ending June 30, 2012.
136.For Member, Children with Autism Trust Board, Barbara Becker-Cottrill, Huntington, Cabell County, for the term ending June 30, 2015.
137.For Member, Children with Autism Trust Board, Staci Criswell, Charleston, Kanawha County, for the term ending June 30, 2014.
138.For Member, Children with Autism Trust Board, Dr. Susannah Poe, Fairmont, Marion County, for the term ending June 30, 2015.
139.For Member, Children with Autism Trust Board, Tracy Hunt, Charleston, Kanawha County, for the term ending June 30, 2015.
140.For Member, West Virginia State University Board of Governors, Gary Swingle, Charleston, Kanawha County, for the term ending June 30, 2014.
141.For Member, Real Estate Appraiser Licensing and Certification Board, Dale Clowser, Charleston, Kanawha County, for the term ending June 30, 2013.
142.For Member, Real Estate Appraiser Licensing and Certification Board, Mary Beth Aliveto, Bridgeport, Harrison County, for the term ending June 30, 2013.
143.For Member, Real Estate Appraiser Licensing and Certification Board, Anthony Julian, Fairmont, Marion County, for the term ending June 30, 2011.
144.For Member, Real Estate Appraiser Licensing and Certification Board, Virginia Shaw, New Haven, Mason County, for the term ending June 30, 2013.
145.For Member, Real Estate Appraiser Licensing and Certification Board, Linda York, Fairmont, Marion County, for the term ending June 30, 2012.
146.For Member, Board of Medicine, Dr. Michael Ferrebee, Morgantown, Monongalia County, for the term ending September 30, 2015.
147.For Member, Board of Medicine, Dr. Ahmed Faheem, Daniels, Raleigh County, for the term ending September 30, 2014.
148.For Member, Contractor Licensing Board, Manuel Alvarez, Bridgeport, Harrison County, for the term ending June 30, 2013.
149.For Member, School Building Authority, Tom Lange, Charles Town, Jefferson County, for the term ending July 31, 2013.
150.For Member, School Building Authority, Nicholas Preservati, Charleston, Kanawha County, for the term ending July 31, 2012.
151.For Member, School Building Authority, Robert Holroyd, Princeton, Mercer County, for the term ending July 31, 2012.
152.For Member, Housing Development Fund, Sam Kapourales, Williamson, Mingo County, for the term ending October 30, 2011.
153.For Member, Consolidated Public Retirement Board, Thomas Bradley, Charleston, Kanawha County, for the term ending June 30, 2013.
154.For Member, Board of Examiners for Speech-Language Pathology and Audiology, Joe Richards, Charleston, Kanawha County, for the term ending June 30, 2012.
155.For Member, Board of Treasury Investments, Richard Donovan, Charleston, Kanawha County, for the term ending June 30, 2013.
156.For Member, Consolidated Public Retirement Board, Drema Bias Evans, Beckley, Raleigh County, for the term ending June 30, 2015.
157.For Member, Consolidated Public Retirement Board, Mike Corsaro, Charleston, Kanawha County, for the term ending June 30, 2015.
158.For Member, Consolidated Public Retirement Board, Andrew Richardson, Charleston, Kanawha County, for the term ending June 30, 2015.
159.For Member, Board of Examiners for Registered Professional Nurses, Dr. Mary Elizabeth Farmer, Beckley, Raleigh County, for the term ending June 30, 2015.
160.For Member, Shepherd University Board of Governors, Dr. Marcia Brand, Martinsburg, Berkeley County, for the term ending June 30, 2014.
161.For Member, Public Energy Authority Board, The Honorable Mike Ross, Coalton, Randolph County, for the term ending June 30, 2012.
162.For Director and Chief Hearing Examiner, Office of Administrative Hearings within the Department of Transportation, John G. Hackney, Jr., Charleston, Kanawha County, for the term ending June 30, 2016.
Senate Executive Message No. 4, dated March 3, 2011, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 4 is submitted:
1.For Member, Aeronautics Commission, John Woods, Scott Depot, Putnam County, for the term ending June 30, 2014.
2.For Member, Women's Commission, Linda Waybright, Ravenswood, Jackson County, for the term ending June 30, 2013.
3.For Member, Board of Control for Southern Regional Education, The Honorable Robert H. Plymale, Huntington, Wayne County, for the term ending June 30, 2014.
4.For Member, Public Employees Insurance Agency Finance Board, John Ruddick, Hurricane, Putnam County, for the term ending June 30, 2014.
5.For Secretary, Department of Health and Human Resources, Dr. Michael Lewis, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
6.For Secretary, Department of Commerce, The Honorable Keith Burdette, Parkersburg, Wood County, to serve at the will and pleasure of the Governor.
7.For Acting Executive Director, Public Defender Services, Russell Cook, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
8.For Member, Bluefield State College Board of Governors, Norris Kantor, Bluefield, Mercer County, for the term ending June 30, 2014.
9.For Member, Mine Inspectors' Examining Board, Ted Hapney, Reedy, Roane County, for the term ending June 30, 2016.
10.For Member, Health Enhancement and Lifestyle Planning Advisory Council, Joe Letnaunchyn, Charleston, Kanawha County, for the term ending June 30, 2013.
11.For Member, Ethics Commission, The Honorable J. Frank Deem, Vienna, Wood County, for the term ending June 30, 2012.
12.For Member, Concord University Board of Governors, Myra Susan Rogers, Hinton, Summers County, for the term ending June 30, 2011.
13.For Acting Commissioner, Alcohol Beverage Control Administration, Ron Moats, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
14.For Member, Workforce Investment Council, Steve Stalnaker, Williamstown, Wood County, for the term ending June 30, 2012.
15.For Member, Workforce Investment Council, Ray Burke, Jr., Hurricane, Putnam County, for the term ending June 30, 2012.
16.For Secretary, Department of Revenue, Charles O. Lorensen, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
17.For Member, Workers' Compensation Board of Review, W. Jack Stevens II, Hamlin, Lincoln County, for the term ending December 31, 2016.
18.For Member, Unemployment Compensation Board of Review, Carole Bloom, Charleston, Kanawha County, for the term ending January 1, 2017.
19.For Member, Commission on Holocaust Education, Barbara Lewine, Wheeling, Ohio County, for the term ending June 30, 2013.
20.For Member, Affordable Housing Trust Fund Board of Directors, Donna Morris, Parkersburg, Wood County, for the term ending June 30, 2011.
21.For Member, Board of Examiners for Licensed Practical Nurses, Ben Vincent, Heaters, Braxton County, for the term ending June 30, 2014.
22.For Adjutant General, James A. Hoyer, Winfield, Putnam County, to serve at the will and pleasure of the Governor.
23.For Member, Investment Management Board of Trustees, Jack Rossi, Charleston, Kanawha County, for the term ending January 31, 2017.
24.For Member, Investment Management Board of Trustees, Randy Snider, Parkersburg, Wood County, for the term ending January 31, 2017.
25.For Member, State Rail Authority, Steve Sherrard, Elkins, Randolph County, for the term ending June 30, 2013.
26.For Member, State Rail Authority, Max Scott, Daniels, Raleigh County, for the term ending June 30, 2016.
27.For Member, State Rail Authority, Elwood Williams, Moorefield, Hardy County, for the term ending June 30, 2015.
28.For Member, State Rail Authority, James Schoonover, Montrose, Randolph County, for the term ending June 30, 2013.
29.For Member, West Virginia University-Parkersburg Board of Governors, James R. Six, Parkersburg, Wood County, for the term ending June 30, 2012.
30.For Member, West Virginia University Board of Governors, William D. Wilmoth, Wheeling, Ohio County, for the term ending June 30, 2013.
31.For Member, State Rail Authority, Buddy Webster, Mathias, Hardy County, for the term ending June 30, 2015.
32.For Member, Commission on Holocaust Education, Robert Waterson, Morgantown, Monongalia County, for the term ending June 30, 2013.
33.For Member, State Rail Authority, David Pancake, Romney, Hampshire County, for the term ending June 30, 2016.
34.For Member, Records Management and Preservation Board, Jerry Berry, Hinton, Summers County, to serve at the will and pleasure of the Governor.
35.For Member, Ohio River Valley Water Sanitation Commission, Ronald Potesta, Charleston, Kanawha County, for the term ending June 30, 2016.
36.For Member, Ohio River Valley Water Sanitation Commission, David Flannery, Charleston, Kanawha County, for the term ending June 30, 2014.
37.For Member, Health Enhancement and Lifestyle Planning Advisory Council, Dr. Stephen Sebert, Barboursville, Cabell County, for the term ending June 30, 2014.
38.For Member, Unemployment Compensation Board of Review, Les Facemyer, Ripley, Jackson County, for the term ending January 1, 2017.
39.For Member, Records Management and Preservation Board, John Bennett, Logan, Logan County, to serve at the will and pleasure of the Governor.
41.For Member, Oil and Gas Conservation Commission, Barry Lay, Glenville, Gilmer County, for the term ending July 27, 2014.
42.For Member, Oil and Gas Conservation Commission, Robert Radabaugh, Sand Fork, Gilmer County, for the term ending July 27, 2016.
44.For Chief Administrative Law Judge, Office of Tax Appeals, A. M. Pollack, Elkview, Kanawha County, for the term ending June 30, 2012.
Senate Executive Message No. 8, dated March 10, 2011, requesting confirmation by the Senate of the nomination mentioned therein. The following name from Executive Message No. 8 is submitted:
1.For Superintendent, State Police, Carl R. Smithers, South Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
And,
A letter from the Regional Jail and Correctional Facility Authority, dated March 10, 2011, requesting confirmation by the Senate of the nomination mentioned therein. The following name is submitted:
1.For Executive Director, Regional Jail and Correctional Facility Authority, Larry Parsons, for a term of five years to commence April 1, 2011.
And reports the same back with the recommendation that the Senate do advise and consent to all the nominations listed above.
Respectfully submitted,
Larry J. Edgell,
Chair.
__________
The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, and a nomination submitted by the Regional Jail and Correctional Facility Authority, the special order thereon was called by the Acting President.
Thereupon, Senator Kessler (Acting President) laid before the Senate the following executive messages:
Senate Executive Message No. 2, dated January 24, 2011 (shown in the Senate Journal of January 25, 2011, pages 11 to 26, inclusive).
Senate Executive Message No. 4, dated March 3, 2011 (shown in the Senate Journal of that day, pages 21 to 26, inclusive).
Senate Executive Message No. 8, dated March 10, 2011 (shown in the Senate Journal of that day, page 57).
And,
A letter from the Regional Jail and Correctional Facility Authority, dated March 10, 2011 (shown in the Senate Journal of that day, pages 54 and 55).
Senator Edgell then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations, except the nominations of Les Facemyer to the Unemployment Compensation Board of Review (being nomination number 90 in Executive Message No. 2 and nomination number 38 in Executive Message No. 4) and The Honorable Robert H. Plymale to the Board of Control for Southern Regional Education (being nomination number 3 in Executive Message No. 4), and that the nomination of Larry Parsons, as Executive Director of the Regional Jail and Correctional Facility Authority, be confirmed.
The question being on the adoption of Senator Edgell's aforestated motion,
The roll was then taken; and
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared Senator Edgell's motion had prevailed and that all the executive nominations referred to in the foregoing report from the Committee on Confirmations, except the nominations of Les Facemyer to the Unemployment Compensation Board of Review (being nomination number 90 in Executive Message No. 2 and nomination number 38 in Executive Message No. 4) and The Honorable Robert H. Plymale to the Board of Control for Southern Regional Education (being nomination number 3 in Executive Message No. 4), and that the nomination of Larry Parsons as Executive Director of the Regional Jail and Correctional Facility Authority had been confirmed.
Senator Edgell then moved that the Senate advise and consent to the nomination of Les Facemyer to the Unemployment Compensation Board of Review (being nomination number 90 in Executive Message No. 2 and nomination number 38 in Executive Message No. 4).
Prior to the call of the roll, Senator K. Facemyer moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
The roll was then taken; and
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Excused from voting: K. Facemyer--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared Senator Edgell's motion had prevailed and the nomination of Les Facemyer to the Unemployment Compensation Board of Review had been confirmed.
Senator Edgell then moved that the Senate advise and consent to the nomination of the Honorable Robert H. Plymale to the Board of Control for Southern Regional Education (being nomination number 3 in Executive Message No. 4).
Prior to the call of the roll, Senator Plymale moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
The roll was then taken; and
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Plymale--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared Senator Edgell's motion had prevailed and the nomination of the Honorable Robert H. Plymale to the Board of Control for Southern Regional Education had been confirmed.
__________
Consideration of executive nominations having been concluded,
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, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 112, Authorizing Department of Administration promulgate legislative rules.
On motion of Senator Unger, 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 six, section one, lines fifty-one and fifty-two, by striking out the words "designated from to the Fleet Management Office" and inserting in lieu thereof the words "Fleet Management Office designated form".
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 112, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 112) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 112) 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, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 121, Authorizing DEP promulgate legislative rules.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub for Senate Bill No. 177, Authorizing Department of Revenue promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu there of the following:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-1. State Tax Department.
(a) The legislative rule filed in the state register on July 28, 2010, authorized under the authority of section ten, article thirteen-aa, chapter eleven of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on November 5, 2010, relating to the State Tax Department (commercial patent incentives tax credit, 110 CSR 13Q), is authorized.
(b) The legislative rule filed in the state register on July 26, 2010, authorized under the authority of section five-s, article ten, chapter eleven of this code, relating to the State Tax Department (exchange of information agreement between the State Tax Department and the West Virginia Lottery, 110 CSR 50E), is authorized.
(c) The legislative rule filed in the state register on July 26, 2010, authorized under the authority of section five-s, article ten, chapter eleven of this code, modified by the State Tax Department to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on November 5, 2010, relating to the State Tax Department (exchange of information agreement between the State Tax Department and the Office of the State Fire Marshal, 110 CSR 50F), is authorized.
§64-7-2. Insurance Commissioner.
(a) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on September 28, 2010, relating to the Insurance Commissioner (credit life insurance, credit accident and sickness insurance and credit unemployment insurance, 114 CSR 6), is authorized with the following amendment:
On pages one and two, section 2, by striking out all of section 2. and inserting in lieu thereof a new section 2. to read as follows:
"§114-6-2. Definitions.
(1) "Commissioner" means the West Virginia Insurance Commissioner.
(2) "Credit Accident and Sickness Insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy.
(3) "Credit Life Insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction.
(4) "Credit unemployment insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is unemployed as defined in the policy.
(5) "Creditor" means the lender of money or vendor or lesser goods, services, or property, rights or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title or interest of any such lender, vendor, or lessor, and an affiliate, associate or subsidiary of them or any director, officer, or employee of any of them or any other person in any way associated with any of them.
(6) "Debtor" means a borrower of money or purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction.
"Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.
(7) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction."
(b) The legislative rule filed in the state register on July 29, 2010, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (suitability in annuity transactions, 114 CSR 11B), is authorized.
(c) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on October 20, 2010, relating to the Insurance Commissioner (insurance adjusters, 114 CSR 25), is authorized with the following amendments:
On page two, subsection 3.1., by striking out all of subsection 3.1. and inserting in lieu thereof a new subsection 3.1. to read as follows:
"3.1. No person shall in West Virginia act as or hold himself to be an adjuster unless licensed by the Commissioner. As used in the rule, the term "person" shall not include those persons located in an office of an insurer outside the State of West Virginia who adjust claims solely by telephone, fax, United States Mail and electronic mail and who do not physically enter the State of West Virginia in the course of adjusting such claims.";
And,
On page four, subdivision 3.2.j., by striking out all of subdivision 3.2.j. and renumbering the remaining subdivisions.
(d) The legislative rule filed in the state register on July 29, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on September 28, 2010, relating to the Insurance Commissioner (long-term care insurance, 114 CSR 32), is authorized with the following amendments:
On page 51, paragraph 29.4.c.1., by striking out all of paragraph 29.4.c.1. and inserting in lieu thereof a new paragraph 29.4.c.1. to read as follows:
"29.4.c.1. Within five (5) business days of receiving a written request for independent review, the insurer shall choose an independent review organization approved or certified by the state. The insurer shall vary its selection of authorized independent review organizations on a rotating basis.";
On page fifty-two, paragraph 29.4.c.6., by striking out the word "8," and inserting in lieu thereof the word "3,";
And,
On page fifty-six, subsection 30.6., by striking out all of subsection 30.6.
(e) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (actuarial opinion and memorandum, 114 CSR 41), is authorized.
(f) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on December 1, 2010, relating to the Insurance Commissioner (property and casualty actuarial opinions, 114 CSR 41A), is authorized.
(g) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (credit personal property, 114 CSR 61), is authorized.
(h) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on December 1, 2010, relating to the Insurance Commissioner (self-insurance pools for political subdivisions, 114 CSR 65), is authorized with the following amendment:
On pages ten and eleven, subsection 8.1., by striking out all of subsection 8.1. and inserting in lieu thereof a new subsection 8.1. to read as follows:
"8.1. To the extent not inconsistent with this rule, each workers' compensation pool is subject to the requirements of West Virginia Code §§33-2-21 and 33-2-22 and West Virginia Code Chapter Twenty-Three and the rules promulgated thereunder, including but not limited to the payment of surcharges pursuant to West Virginia Code §§23-2C-3(f)(2) and 23-2C-3(f)(3)(B) and West Virginia Code St. R. Section 85-6-1 et seq.; the record retention requirements of West Virginia Code St. R. Section 85-18-13; and the data requirements of West Virginia Code St. R. Section 85-2-1 et. seq.: Provided, That such a pool is subject to West Virginia Code St. R. Section 85-18-1 et seq.; as if the pool was a single self-insured employer: Provided, however, That no provision of Chapter Twenty-Three of this code or any rule promulgated thereunder requiring participation in the self-insured guarantee risk pool and the self- insured security risk pool, or providing for industrial council approval of self-insured status, termination of self-insured status or approval of security, shall apply."
(i) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (valuation of life insurance companies, 114 CSR 68), is authorized.
(j) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (recognition of preferred mortality tables for use in determining minimum reserve liabilities, 114 CSR 69A), is authorized.
(k) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (professional employer organizations, 114 CSR 85), is authorized.
(l) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (health maintenance organization point of service option, 114 CSR 91), is authorized.
§64-7-3. Racing Commission.
(a) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on January 20, 2011, relating to the Racing Commission (thoroughbred racing, 178 CSR 1), is authorized with the following amendments:
On page forty-two, subdivision 26.4.q., by striking out subdivision 26.4.q. in its entirety and inserting in lieu thereof a new subdivision 26.4.q. to read as follows:
"26.4.q. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control into the association's grounds without permission from the association's racing secretary or his or her designee. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control out of the association's grounds without first signing out the horse on a form prescribed by the association and made available at the stable gate: Provided, That for all horses stabled on the association grounds, permission is required from the association's racing secretary or his or her designee at the time of removal if the horse is entered to race or may be entered to race at another racetrack during a period of seven (7) days following the day of its removal from the association's grounds. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control into the association's grounds without presenting a current negative Coggins test for equine infectious anemia (EIA).";
On page fifty-six, subdivision 42.3.a., by striking out the words "eighteen (118)" and inserting in lieu thereof the words "sixteen (116)";
And,
On page sixty-nine, subdivision 48.2.d., by striking out subdivision 48.2.d. in its entirety and inserting in lieu thereof a new subdivision 48.2.d. to read as follows:
"48.2.d. Practicing veterinarians shall not have contact with an entered horse on a race day except for the administration of furosemide (lasix®) under the guidelines set forth in subsection 49.7. of this rule unless approved by a Racing Commission veterinarian. If approval to have contact with an entered horse on race day for purposes other than the administration of furosemide (lasix®) is obtained from a Racing Commission veterinarian, or if reasonable efforts are made to contact a Racing Commission veterinarian and he or she is unavailable, a practicing veterinarian may have contact with the horse for purposes other than the administration of furosemide (lasix®): Provided, That the practicing veterinarian shall complete a form prescribed by the Racing Commission notifying the Racing Commission veterinarian of the contact. Such form shall be provided to the Racing Commission veterinarian one hour before post time."
(b) The legislative rule filed in the state register on July 30, 2010, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on January 20, 2011, relating to the Racing Commission (greyhound racing, 178 CSR 2), is authorized.
(c) The legislative rule filed in the state register on July 16, 2010, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on January 20, 2011, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 5), is authorized, with the following amendment:
On page two, subsection 2.21, line 5, by striking out the word "totalizator" and inserting in lieu thereof the word "totalisator".
§64-7-4. Alcohol Beverage Control Commission.
(a) The legislative rule filed in the state register on November 20, 2009, authorized under the authority of section six, article three-a, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-making Review Committee and refiled in the state register on January 20, 2011, relating to the Alcohol Beverage Commission (licensed retailer operations, 175 CSR 1), is authorized with the following amendment:
On pages seven and eight, paragraph 4.1.a.3., by striking out all of paragraph 4.1.a.3. and inserting in lieu thereof a new paragraph 4.1.a.3. to read as follows:
"4.1.a.3. Column 2 - "Unit Size." The product bottle size is listed in metric measurement.
Metric Conversion Table
Metric Size

Converted to Ounces

50 ml.

1.7 oz.

200 ml.

6.8 oz.

375 ml.

12.7 oz.

500 ml.

16.9 oz.

750 ml.

25.4 oz.

1. Liter

33.8 oz.

1.75 Liter

59.2 oz."

(b) The legislative rule filed in the state register on February 22, 2010, authorized under the authority of section six, article three-a, chapter sixty of this code, modified by the Alcohol Beverage Control Commission to meet the objections of the Legislative Rule-making Review Committee and refiled in the state register on January 19, 2011, relating to the Alcohol Beverage Commission (licensing of retail outlets, 175 CSR 5), is authorized.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 177, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 177) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 177) 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, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 242, Dedicating portion of coal severance tax to county of origin.
On motion of Senator Unger, 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 the everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.

§11-13A-5a. Dedication of five percent of severance tax for benefit of counties of origin; phase in period; expenditures of funds; dedication of ten percent of oil and gas severance tax for benefit of counties and municipalities; distribution of major portion of such dedicated tax to oil and gas producing counties; distribution of minor portion of such dedicated tax to all counties and municipalities; reports; rules; special funds in the office of State Treasurer; methods and formulae for distribution of such dedicated tax; expenditure of funds by counties and municipalities for public purposes; and requiring special county and municipal budgets and reports thereon.

(a) (1) Effective July 1, 2011, one percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection. Effective July 1, 2012, two percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection. Effective July 1, 2013, three percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection. Effective July 1, 2014, four percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection. Effective July 1, 2015, and each year thereafter, five percent of the tax attributable to the severance of coal imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection.
(2) For purposes of this subsection, the tax attributable to the severance of coal imposed by section three of this article does not include the thirty-five one hundredths of one percent additional severance tax on coal imposed by the state for the benefit of counties and municipalities as provided in section six of this article.
(3) The percentage authorized in this subsection shall be deposited into a special fund known as the "County Severance Revenue Fund" which is hereby established in the State Treasury, and from that fund shall be distributed by the State Treasurer from time to time as the moneys in the fund become available, in the manner specified in this subsection to the various counties of this state in which the coal upon which the tax imposed by section three of this article is imposed was located at the time it was removed from the ground. The moneys shall be distributed to the county commissions and used only for:
(A) Projects through economic development authorities and redevelopment authorities;
(B) Infrastructure;
(C) Job creation;
(D) Road repair;
(E) Public health systems; and
(F) As pledge to the payment of bond indebtedness for projects related to paragraphs (A) through (E) of this subdivision.
(4) The amount to which a county is entitled from the county severance revenue fund shall be determined by: (1) Dividing the total amount of moneys in the fund then available for distribution by the total number of tons of coal mined in this state during the preceding quarter; and (2) multiplying the quotient thus obtained by the number of tons of coal removed from the ground in the county during the preceding quarter.
(5) (A) No distribution made to a county under this subsection may be deposited into the county's General Revenue Fund. The county commission of each county receiving a distribution under this subsection shall establish a special account to be known as the "(name of county) five percent Special Coal Severance Account" into which all distributions made under this subsection shall be deposited and thereafter expended by the county commission as provided by this subsection.
(B) On or before October 1, 2012, and October 1 of each year thereafter, the county commission of each county receiving a distribution of funds under this subsection shall report to the Legislature on the use made of those funds during the next preceding fiscal year.
~~(a)~~ (b) Effective July 1, 1996, five percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article is ~~hereby~~ dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section. Effective July 1, 1997, and thereafter, ten percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article is ~~hereby~~ dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section.
~~(b)~~ (c) Seventy-five percent of this dedicated tax shall be distributed by the State Treasurer in the manner specified in this section to the various counties of this state in which the oil and gas upon which this additional tax is imposed was located at the time it was removed from the ground. Those counties are referred to in this section as the "oil and gas producing counties". The remaining twenty-five percent of the net proceeds of this additional tax on oil and gas shall be distributed among all the counties and municipalities of this state in the manner specified in this section.
~~(c)~~ (d) The Tax Commissioner is hereby granted plenary power and authority to promulgate reasonable rules requiring the furnishing by oil and gas producers of ~~such~~ additional information as may be necessary to compute the allocation required under the provisions of subsection ~~(f)~~ (g) of this section. The Tax Commissioner is also ~~hereby~~ granted plenary power and authority to promulgate ~~such~~ other reasonable rules as may be necessary to implement the provisions of this section.
~~(d)~~ (e) In order to provide a procedure for the distribution of seventy-five percent of the dedicated tax on oil and gas to the oil and gas producing counties, the special fund known as the "Oil and Gas County Revenue Fund" established in the State Treasurer's office by chapter two hundred forty-two, Acts of the Legislature, regular session, 1995, as amended and reenacted in the subsequent act of the Legislature, is ~~hereby~~ continued. In order to provide a procedure for the distribution of the remaining twenty-five percent of the dedicated tax on oil and gas to all counties and municipalities of the state, without regard to oil and gas having been produced in those counties or municipalities, the special fund known as the "All Counties and Municipalities Revenue Fund" established in the State Treasurer's office by chapter two hundred forty-two, Acts of the Legislature, regular session, 1995, as amended and reenacted in the subsequent Act of the Legislature, is ~~hereby~~ redesignated as the "All Counties and Municipalities Oil and Gas Revenue Fund" and is hereby continued.
Seventy-five percent of the dedicated tax on oil and gas shall be deposited in the "Oil and Gas County Revenue Fund" and twenty- five percent of the dedicated tax on oil and gas shall be deposited in the "All Counties and Municipalities Oil and Gas Revenue Fund," from time to time, as the proceeds are received by the Tax Commissioner. The moneys in the funds shall be distributed to the respective counties and municipalities entitled to the moneys in the manner set forth in subsection ~~(e)~~ (f) of this section.
~~(e)~~ (f) The moneys in the "Oil and Gas County Revenue Fund" and the moneys in the "All Counties and Municipalities Oil and Gas Revenue Fund" shall be allocated among and distributed annually to the counties and municipalities entitled to the moneys by the State Treasurer in the manner specified in this section. On or before each distribution date, the State Treasurer shall determine the total amount of moneys in each fund which will be available for distribution to the respective counties and municipalities entitled to the moneys on that distribution date. The amount to which an oil and gas producing county is entitled from the "Oil and Gas County Revenue Fund" shall be determined in accordance with subsection ~~(f)~~ (g) of this section, and the amount to which every county and municipality shall be entitled from the "All Counties and Municipalities Oil and Gas Revenue Fund" shall be determined in accordance with subsection ~~(g)~~ (h) of this section. After determining, as set forth in subsections ~~(f) and (g)~~ (g) and (h) of this section, the amount each county and municipality is entitled to receive from the respective fund or funds, a warrant of the State Auditor for the sum due to the county or municipality shall issue and a check drawn thereon making payment of the sum shall thereafter be distributed to the county or municipality.
~~(f)~~ (g) The amount to which an oil and gas producing county is entitled from the "Oil and Gas County Revenue Fund" shall be determined by:
(1) In the case of moneys derived from tax on the severance of gas:
(A) Dividing the total amount of moneys in the fund derived from tax on the severance of gas then available for distribution by the total volume of cubic feet of gas extracted in this state during the preceding year; and
(B) Multiplying the quotient thus obtained by the number of cubic feet of gas taken from the ground in the county during the preceding year; and
(2) In the case of moneys derived from tax on the severance of oil:
(A) Dividing the total amount of moneys in the fund derived from tax on the severance of oil then available for distribution by the total number of barrels of oil extracted in this state during the preceding year; and
(B) Multiplying the quotient thus obtained by the number of barrels of oil taken from the ground in the county during the preceding year.
~~(g)~~ (h) The amount to which each county and municipality is entitled from the "All Counties and Municipalities Oil and Gas Revenue Fund" shall be determined in accordance with the provisions of this subsection. For purposes of this subsection "population" means the population as determined by the most recent decennial census taken under the authority of the United States:
(1) The Treasurer shall first apportion the total amount of moneys available in the all counties and municipalities oil and gas revenue fund by multiplying the total amount in the fund by the percentage which the population of each county bears to the total population of the state. The amount thus apportioned for each county is the county's "base share".
(2) Each county's base share shall then be subdivided into two portions. One portion is determined by multiplying the base share by that percentage which the total population of all unincorporated areas within the county bears to the total population of the county, and the other portion is determined by multiplying the base share by that percentage which the total population of all municipalities within the county bears to the total population of the county. The former portion shall be paid to the county and the latter portion shall be the "municipalities' portion" of the county's base share. The percentage of the latter portion to which each municipality in the county is entitled shall be determined by multiplying the total of the latter portion by the percentage which the population of each municipality within the county bears to the total population of all municipalities within the county.
~~(h)~~ (i) Moneys distributed to any county or municipality under the provisions of this section, from either or both special funds, shall be deposited in the county or municipal general fund and may be expended by the county commission or governing body of the municipality for such purposes as the county commission or governing body shall determine to be in the best interest of its respective county or municipality: Provided, That in counties with population in excess of two hundred thousand, at least seventy-five percent of the funds received from the Oil and Gas County Revenue Fund shall be apportioned to and expended within the oil and gas producing area or areas of the county, the oil and gas producing areas of each county to be determined generally by the State Tax Commissioner: Provided, however, That the moneys distributed to any county or municipality under the provisions of this section shall not be budgeted for personal services in an amount to exceed one-fourth of the total amount of the moneys.
~~(i)~~ (j) On or before March 28, 1997, and each March 28 thereafter, each county commission or governing body of a municipality receiving any such moneys shall submit to the Tax Commissioner on forms provided by the Tax Commissioner a special budget, detailing how the moneys are to be spent during the subsequent fiscal year. The budget shall be followed in expending the moneys unless a subsequent budget is approved by the State Tax Commissioner. All unexpended balances remaining in the county or municipality general fund at the close of a fiscal year shall remain in the general fund and may be expended by the county or municipality without restriction.
~~(j)~~ (k) On or before December 15, 1996, and each December 15 thereafter, the Tax Commissioner shall deliver to the Clerk of the Senate and the Clerk of the House of Delegates a consolidated report of the budgets, created by subsection ~~(i)~~ (j) of this section, for all county commissions and municipalities as of July 15 of the current year.
~~(k)~~ (l) The State Tax Commissioner shall retain for the benefit of the state from the dedicated tax attributable to the severance of oil and gas the amount of $35,000 annually as a fee for the administration of the additional tax by the Tax Commissioner.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 242--A Bill to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, relating to distributing five percent of coal severance tax to the county of the coal's origin as phased in over a five-year period and providing permissible uses for the moneys.
On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for S. B. No. 242) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect July 1, 2012, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 253, Amending insurance code with respect to holding companies.
On motion of Senator Unger, 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 forty, section four, lines thirty-one and thirty-two, by striking out the words "and the national association of insurance commissioners";
On page sixty-three, section six-a, lines twenty through thirty, by striking out all of subsection (b);
And,
By relettering the remaining subsection.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 253, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 253) passed with its title.
Senator Unger moved that the bill take effect July 1, 2012.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 253) takes effect July 1, 2012.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Senate Bill No. 331, Correcting invalid code reference in definition of "eligible taxpayer".
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Manchin, Reynolds and Canterbury.
On motion of Senator Unger, the Senate agreed to the appointment of a conference committee on the bill.
Whereupon, Senator Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators D. Facemire, Yost and Sypolt.
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. 461, Providing criminal penalty for violating restraining order entered upon conviction for stalking or harassment.
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. 484, Relating to management agreements of Higher Education Policy Commission.
On motion of Senator Unger, 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4, §18B-1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8 and §18B-1E-9, all to read as follows:
ARTICLE 1E. MANAGEMENT AGREEMENTS FOR THE HIGHER EDUCATION POLICY COMMISSION.

§18B-1E-1. Legislative findings and purpose.
(a) The Legislature finds that economic development in West Virginia depends in part on collaborations developed between higher education and businesses and industry, particularly in the advancement of new and emerging technologies. It is in the best interests of the citizens of the state to implement programs which promote this research and contribute to the general economic welfare.
(b) The Legislature further finds that the transfer of property to the commission to establish the West Virginia Education, Research and Technology Park created a new and unprecedented opportunity to promote research and development in the state. An efficiently managed Technology Park will encourage private sector participation in and support for research and economic development and will facilitate collaboration among the commission, the doctoral institutions and their research corporations.
(c) It is the responsibility of the commission to ensure that the day to day operations of the Technology Park are carried out effectively and efficiently in order to provide the greatest investment return to the people of West Virginia. To this end the Legislature finds that a mechanism is needed to simplify and expedite property management and purchasing of equipment, material and personal services.
(d) Therefore, the purpose of this article is to provide the commission with the authority necessary to carry out its responsibilities related to the operation of the Technology Park. The commission is authorized to enter into agreements and other contractual relationships with an affiliated corporation in order to achieve maximum efficiency in managing the Technology Park.
§18B-1E-2. Definitions.
The following words used in this article have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
(a) "Affiliated corporation" or "corporation" means a corporation which meets the essential criteria prescribed in section three of this article and whose purpose is to provide management services to the commission in carrying out the day to day operations of the Technology Park;
(b) "Agreement" means an agreement or contractual relationship entered into between the commission and an affiliated corporation pursuant to the provisions of this article;
(c) "Board of directors" means the governing body of a corporation created pursuant to section three of this article;
(d) "Doctoral institution" means Marshall University or West Virginia University;
(e) "Executive director" means the chief executive officer of an affiliated corporation employed pursuant to section five of this article;
(f) "Potential membership" means the total number of members who comprise the board of directors when all membership seats are filled;
(g) "Private sector member" means a director of an affiliated corporation who is not an employee of the commission nor of any entity bearing a direct or indirect relationship to the commission;
(h) "Research corporation" means a corporation established with respect to Marshall University or West Virginia University pursuant to section three, article twelve of this chapter; and
(i) "Technology Park" means the state-owned West Virginia Education, Research and Technology Park affiliated with the commission.

§18B-1E-3. Commission authorized to contract with corporation; corporation to meet essential criteria; corporation membership and organization; financial requirements.

(a) The commission is authorized to enter into agreements and any other contractual relationships with an affiliated corporation formed as set forth in this article.
(b) The affiliated corporation shall meet the following essential criteria:
(1) Corporation status. -- The corporation is organized as a nonprofit, nonstock corporation under the general corporation laws of the state exclusively for charitable, educational or scientific purposes within the meaning of Section 501(c) of the Internal Revenue Code of 1986, as amended.
(2) Corporation membership, meetings, officers. --
(A) Members of the board of directors of the affiliated corporation serve terms as prescribed in the bylaws of the corporation and are selected by the commission in consultation with the chancellor. The commission shall make all appointments to the board of directors by majority vote of its members and shall include the individual votes as a part of the minute record.
(B) Private sector members shall constitute a majority of the potential membership of the board of directors. Vacancies shall be filled in such a way that the majority status of private sector membership is maintained.
(C) By July 1, 2011, and at least biennially thereafter, the board of directors shall elect a chair from among its members.

§18B-1E-4. Powers and duties of board of directors and corporation.

(a) The primary responsibility of the corporation is to manage the day to day operations of the Technology Park through collaboration agreements with the commission. To that end, the board of directors has the following powers and duties:
(1) To employ an executive director subject to the provisions of section five of this article;
(2) To approve employment of other staff recommended by the executive director as being necessary and appropriate to carry out the purposes of this article and subject to agreements with the commission;
(3) To serve as fiscal agent and provide additional services, including, but not limited to, property management, human resources management, and purchasing;
(4) To meet as a governing body. A corporation created under this article is exempt from the provisions of section three, article nine-a, chapter six of this code and from the provisions of article one, chapter twenty-nine-b of this code;
(5) To receive, purchase, hold, lease, use, sell and dispose of real and personal property of all classes, subject to the provisions of subdivision (8) of this subsection and section eight of this article;
(6) To receive from any source whatsoever grants to be expended in accomplishing the objectives of this article;
(7) To receive from any source whatsoever aid or contributions of money, property or other things of value to be held, used and applied only for the purposes for which the aid or contributions may be made;
(8) To accept and expend any gift, grant, contribution, bequest, endowment or other money for the purposes of this article. Any transfer of endowment or other assets by the commission to the corporation or by the corporation to the commission for management shall be formalized in a memorandum of agreement to assure, at a minimum, that any restrictions governing the future disposition of funds are preserved. The commission may not transfer ownership of the Technology Park property to the corporation;
(9) To make, amend and repeal bylaws, rules and its governing documents consistent with the provisions of this article to effectuate the purpose and scope of the corporation;
(10) To alter the purpose or scope of the corporation; and
(11) To delegate the exercise of any of its powers except for the power to approve budgets to the executive director, subject to the directions and limitations contained in its governing documents.
(b) In addition to the powers and duties provided for in this section and any other powers and duties that may be assigned to it by law or agreement, the corporation has other powers and duties necessary to accomplish the objectives of this article or as provided by law.
§18B-1E-5. Appointment of executive director; qualifications.
(a) The commission shall set the qualifications for the position of executive director and shall conduct a thorough search for qualified candidates. A qualified candidate is one who meets at least the following criteria:
(1) Possesses a broad understanding of the relationship between public and private sector research and the need for cooperation and collaboration among the commission and the research corporations;
(2) Holds at least a bachelor's degree in a field related to the duties and responsibilities of the position of executive director;
(3) Demonstrates strong communication skills and the ability to work with all types of businesses and industry, government agencies and higher education institutions; and
(4) Possesses other skills, qualifications or attributes as the commission considers appropriate or desirable.
(b) The commission shall select the executive director for the corporation and may not delegate this duty to the chancellor. The executive director may have dual appointment with the commission, but may not be a corporation director.
(1) The commission shall appoint the executive director by majority vote of its members and shall include the vote as a part of the minute record.
(2) The executive director shall inform the board of directors and the commission annually of his or her employment status with any other institution, agency or organization.
(c) The day to day operations of the corporation are under the control and supervision of the executive director. With the approval of the board of directors the executive director may employ staff as necessary to carry out the corporation's purposes as set forth in this article.
§18B-1E-6. Agreements; required provisions.
(a) The commission may enter into agreements or other contractual relationships with a corporation that meets the conditions set forth in section three of this article. Any agreement shall specify that the corporation is accountable to the commission for the efficient operations of the Technology Park.
(b) On the effective date of the agreement, the corporation becomes the fiscal agent for operations of the Technology Park on behalf of the commission pursuant to terms of the agreement.
(c) If an agreement is terminated, the funds, contributions or grants paid or held by the corporation and not encumbered or committed prior to termination shall be distributed as provided for in the agreement.
(d) If made part of the agreement, the corporation may use services of both corporation employees and personnel of the commission. The corporation may pay the costs incurred by the commission, including personnel funded on grants and contracts, fringe benefits of personnel funded on grants and contracts, administrative support costs and other costs which may require reimbursement. The corporation may include as costs any applicable overhead and fringe benefit assessments necessary to recover the costs expended by the commission, pursuant to the terms of the agreement, and the commission may be reimbursed for expenses incurred by it pursuant to the agreement.

§18B-1E-7. Audits required; financial reports; conflicts of interest.

(a) The financial statements of the corporation shall be audited annually by an independent certified public accountant or firm. Within thirty days of completion, the financial audit report shall be presented to the corporation's board of directors for approval, after which a copy of the financial audit and required statements shall be submitted to the commission.
(b) Notwithstanding any other provision of this code to the contrary, any officer or employee of the commission, who is not the executive director of the corporation, may hold an appointment as a member and as an officer of the corporation board of directors.

§18B-1E-8. No waiver of sovereign immunity; not obligation of the state.

(a) Nothing contained in this article waives or abrogates in any way the sovereign immunity of the state or deprives the commission or any officer or employee of the commission of sovereign immunity.
(b) Obligations of the board of directors or the corporation do not constitute debts or obligations of the commission or the state.

§18B-1E-9. Legislative findings and intent; memorandum of agreement required; terms and conditions; reports.

(a) The Legislature finds that the Technology Park is a diversified, multitenant research, development and commercialization park focused on energy, chemicals and other sciences and technologies for the advancement of education and economic development in West Virginia. The areas of primary research and development include energy, chemicals and materials, and biotechnology. It is the intent of the Legislature to provide the commission with the tools needed to manage the Technology Park and facilitate the translation of state investment dollars in higher education and research into business and economic growth that will provide tangible benefits for the citizens of the state.
(b) To achieve the goals set forth in this section, it is essential that the commission include in its research and development efforts the talents and expertise available at the doctoral institutions and their research corporations. Therefore, by July 1, 2011, the commission shall enter into a memorandum of agreement with the research corporations to delineate the role each party will play in furthering the goals of research and economic development as set forth in this article. The agreement shall focus on collaboration and cooperation among the commission and the two research corporations.
(1) The agreement is not effective until all parties have agreed to the included terms and conditions.
(2) The commission shall file a report, including a copy of the completed agreement and any relevant documents, with the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability by July 15, 2011.
(3) The agreement may be amended by mutual consent of the parties. Within fifteen days of the date a new agreement is signed, the commission shall file a report as provided in subdivision (2) of this subsection.;
And,
By striking out the title and substituting therefore and new title to read as follows:
Eng. Com. Sub. for Senate Bill No. 484--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4, §18B-1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8 and §18B-1E-9, all relating to powers and duties of the policy commission; authorizing creation of certain corporations; authorizing policy commission to enter into certain agreements and contractual arrangements; terms and conditions; legislative findings, purpose and intent; definitions; establishing essential criteria for certain corporations; specifying corporation membership, organization and financial requirements; providing for appointment of and specifying qualifications for executive director; requiring annual audit of corporation operations; clarifying issues of conflicts of interest; prohibiting waiver of sovereign immunity; clarifying issues of debt obligations; requiring memorandum of agreement on research collaboration and cooperation; specifying parties to agreement and setting forth certain conditions; specifying certain deadlines; and requiring certain reports.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 484, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 484) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 484) 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, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 546, Relating to municipal police and firefighter pensions.
On motion of Senator Unger, 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 five, section eighteen-a, line seventy, after the word "and" by striking out the word "article" and inserting in lieu thereof the word "chapter".
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 546, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 546) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 546) 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 to the title of the bill, passage as amended, to take effect July 1, 2011, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 550, Relating generally to gaming at licensed racetracks and historic resort hotels.
On motion of Senator Unger, 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 Senate Bill No. 550--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-12d; to amend and reenact §29-22A-6, §29-22A-10 and §29-22A-10c of said code; and to amend and reenact §29-25-19 and §29-25-22 of said code, all relating to all relating generally to gaming at licensed racetracks and historic resort hotels; allowing simulcast pari-mutuel racing and wagering at certain historic resort hotels; defining terms; permitting the issuing of licenses; providing for payments; setting forth conditions for out-of-state tracks and interstate pools; registering of persons conducting wagering activities; setting forth the licensee's retainage; setting forth the amounts of payments made by a licensee and to whom they are to be paid; making reference to certain federal law; authorizing rulemaking; exempting certain pari-mutuel wagering and equipment, services and supplies from state sales and service taxes; permitting licensees at racetracks and historic resort hotels to establish minimum and maximum wager limits at video lottery terminals; authorizing the use of video lottery terminal bill acceptors for all United States currency; directing up to $10 million each year until June 30, 2020, from racetrack video lottery gross terminal income into a new racetrack modernization fund to be used to subsidize racetrack purchases of new video lottery terminals and related equipment; reducing the required life for capital investments by licensees at racetracks to be reimbursed from the Capital Investment Fund; extending the time for recoupment of expenditures for capital improvements; and directing that two and one-half percent of the gross terminal income of certain historic resort hotels be deposited into a new historic resort hotel modernization fund to be used to subsidize certain historic resort hotel purchases.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Senate Bill No. 550, as amended by the House of Delegates, was then put upon its passage.
Prior to the call of the roll, Senator Miller moved to be excused from voting on any matter under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Barnes, Boley, Hall, Nohe and Sypolt--5.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 550) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Barnes, Boley, Hall, Nohe and Sypolt--5.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Miller--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 550) takes effect July 1, 2011.
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. 563, Authorizing municipalities to create deferred retirement option plans for certain employees.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page six, section twenty-five-a, line eighty-seven, after the word "design" by changing the period to a colon and inserting the following proviso: Provided, That if the employee is terminated for cause during the participation period, the member may terminate participation with thirty days notice and the deferred accumulation balance shall be paid without interest according to the DROP design.;
And,
On page six, section twenty-five-a, line one hundred six, after the word "accumulates." by inserting the following: During the period of time the member continues to work beyond the end of the DROP participation period with the consent of the employer, the employer shall continue to make regular contributions to the employee's pension and relief fund.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 563, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 563) 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, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 581, Changing beginning date for early voting; allowing Saturday early voting.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out the everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-3. Early voting in person.
(a) The voting period for early in-person voting is to be conducted during regular business hours beginning on the ~~twentieth~~ thirteenth day before the election and continuing through the third day before the election. ~~For any election held on a Tuesday, the~~ Additionally, early ~~voting period for~~ in-person voting is to be available from 9:00 a.m. to 5:00 p.m. on ~~the two~~ Saturdays ~~prior to the election~~ during the early voting period.
(b) Any person desiring to vote during the period of early in- person voting shall, upon entering the election room, clearly state his or her name and residence to the official or representative designated to supervise and conduct absentee voting. If that person is found to be duly registered as a voter in the precinct of his or her residence, he or she ~~shall be~~ is required to sign his or her name in the space marked "signature of voter" on the pollbook. If the voter is unable to sign his or her name due to illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided. No ballot may be given to the person until he or she signs his or her name on the pollbook.
(c) When the voter's signature or mark is properly on the pollbook, two qualified representatives of the official designated to supervise and conduct absentee voting shall sign their names in the places indicated on the back of the official ballot.
(d) If the official designated to supervise and conduct absentee voting determines that the voter is not properly registered in the precinct where he or she resides, the clerk or his or her representative shall challenge the voter's absentee ballot as provided in this article.
(e) The official designated to supervise and conduct absentee voting shall provide each person voting an absentee ballot in person the following items to be printed as prescribed by the Secretary of State:
(1) In counties using paper ballots, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law;
(2) In counties using punch card systems, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a gray secrecy envelope;
(3) In counties using optical scan systems, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a secrecy sleeve; or
(4) For direct recording election systems, access to the voting equipment in the voting booth.
(f) The voter shall enter the voting booth alone and there mark the ballot: Provided, That the voter may have assistance in voting according to the provisions of section four of this article. After the voter has voted the ballot or ballots, the absentee voter shall: Place the ballot or ballots in the gray secrecy envelope and return the ballot or ballots to the official designated to supervise and conduct the absentee voting: Provided, however, That in direct recording election systems, once the voter has cast his or her ballot, the voter shall exit the polling place.
(g) Upon receipt of the voted ballot, representatives of the official designated to supervise and conduct the absentee voting shall:
(1) Remove the ballot stub;
(2) Place punch card ballots and paper ballots into one envelope which shall not have any marks except the precinct number and seal the envelope; and
(3) Place ballots for all voting systems into a ballot box that is secured by two locks with a key to one lock kept by the president of the county commission and a key to the other lock kept by the county clerk.
(4) Due to the reenactment of this section by the Legislature in the two thousand three regular session removing authorization for early in-person voting on the Monday prior to a Tuesday election, to assure notice to all persons that voted on the Monday before the Tuesday election day of the two thousand two general election are made aware of this change, the clerk of each county shall, for the primary election of the year two thousand four, include along with the sample ballots published in local newspapers as required by this chapter a notice to voters that Monday in- person voting will no longer be available.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 581, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 581) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 581) 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, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 608, Increasing fees for services and documents issued by DMV.
On motion of Senator Unger, 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:
After the enacting section, by inserting a new section, designated section one, to read as follows:

§17-3-1. What constitutes fund; payments into fund; use of money in fund.

There shall be a state road fund, which shall consist of the proceeds of all state license taxes imposed upon automobiles or other motor or steam driven vehicles; the registration fees imposed upon all owners, chauffeurs, operators and dealers in automobiles or other motor driven vehicles; all sums of money which may be donated to such fund; all proceeds derived from the sale of state bonds issued pursuant to any resolution or act of the Legislature carrying into effect the "Better Roads Amendment" to the Constitution of this state, adopted in November, 1964, except that the proceeds from the sale of these bonds shall be kept in a separate and distinct account in the state road fund; all proceeds from the sale of state bonds issued pursuant to any resolution or act of the Legislature carrying into effect the "Safe Roads Amendment of 1996" to the Constitution of this state, adopted in the November, 1996, except that the proceeds from the sale of these bonds shall be kept in a separate and distinct account in the state road fund; all moneys and funds appropriated to it by the Legislature; and all moneys allotted or appropriated by the federal government to this state for road construction and maintenance pursuant to any act of the Congress of the United States; the proceeds of all taxes imposed upon and collected from any person, firm or corporation and of all taxes or charges imposed upon and collected from any county, district or municipality for the benefit of the fund; the proceeds of all judgments, decrees or awards recovered and collected from any person, firm or corporation for damages done to, or sustained by, any of the state roads or parts thereof; all moneys recovered or received by reason of the violation of any contract respecting the building, construction or maintenance of any state road; all penalties and forfeitures imposed, recovered or received by reason thereof; and any and all other moneys and funds appropriated to, imposed and collected for the benefit of such fund, or collected by virtue of any statute and payable to such fund: Provided, That notwithstanding any provisions of this code to the contrary, 50¢ of every license fee paid pursuant to the provisions of subdivision (2), subsection (a), section eight, article two, chapter seventeen-b of this code shall be paid to the special fund established pursuant to the provisions of subsection (a), section twelve, article two, chapter three of this code.
When any money is collected from any of the sources aforesaid, it shall be paid into the State Treasury by the officer whose duty it is to collect and account for the same, and credited to the state road fund, and shall be used only for the purposes named in this chapter, which are: (a) To pay the principal and interest due on all state bonds issued for the benefit of said fund, and set aside and appropriated for that purpose; (b) to pay the expenses of the administration of the road department; and (c) to pay the cost of maintenance, construction, reconstruction and improvement of all state roads.: Provided, That, notwithstanding any provision of this code to the contrary, all revenue generated from the increased fees authorized in chapters seventeen-a, seventeen-b and seventeen-d during the 2011 Regular Session of the Legislature shall be expended for construction and maintenance of roads and bridges on secondary roads: Provided, however, That the revenue generated by said fee increases shall not be utilized to supplant or otherwise replace any other funds for secondary roads.;
On page thirty, after section ten, by inserting a new section, designated section sixteen, to read as follows:
ARTICLE 6D. DAILY PASSENGER RENTAL CAR BUSINESS.

§17A-6D-16. Vehicle license cost recovery fee charged by daily passenger rental car company.

(a) As used in this section:
(1) "Vehicle license costs" means the costs incurred by a daily passenger rental car company for licensing, titling, registration, property tax, plating, and inspecting rental motor vehicles; and
(2) "Vehicle license cost recovery fee" means a charge on a vehicle rental transaction originating within this state that is separately stated on the rental agreement to recover vehicle license costs.
(b) Method for vehicle cost recovery.
(1) If a daily passenger car rental company includes a vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the company's good-faith estimate of the daily passenger rental car daily charge to recover its actual total annual vehicle license costs.
(2) If the total amount of the vehicle license cost recovery fees collected by a daily passenger rental car company under this section in any calendar year exceeds the company's actual vehicle license costs, the daily passenger car rental company shall:
(A) Retain the excess amount; and
(B) Adjust the vehicle cost recovery fee for the following calendar year by a corresponding amount.
(c) Nothing in this section shall prevent a daily passenger car rental company from including, or making adjustments during the calendar year to, separately stated surcharges, fees, or charges in the rental agreement, which may include but are not limited to vehicle license cost recovery fees, airport access fees, airport concession fees, consolidated facility charges, and all applicable taxes.;
On page thirty-one, section three, line eight, by striking out the word "are" and inserting in lieu thereof the words "is $45.00.";
On page thirty-one, section three, lines nine through twelve, by striking out all of subparagraphs (A) and (B);
On page sixty-one, section two, line nine, by striking out "$10" and inserting in lieu thereof "$5";
On page sixty-one, section two, line nine, after the word "abstract." by adding the following: For calendar year 2012, the commissioner shall collect $7.50 for each abstract. Beginning January 1, 2013, the commissioner shall collect $10 for each abstract: Provided, That an auto insurer domiciled the state of West Virginia shall pay no more than $10 for each abstract, including any administrative fee arising from the transaction.;
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §17-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §17A-2-13 of said code be amended and reenacted; that §17A-3-4 of said code be amended and reenacted; that §17A-4-1 and §17A-4-10 of said code be amended and reenacted; that §17A-4A-10 of said code be amended and reenacted; that §17A- 10-3, §17A-10-10 and §17A-10-11 of said code be amended and reenacted; that §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code be amended and reenacted; that §17D-2-2 of said code be amended and reenacted, and that said code by amended by adding thereto a new section, designated §17A-6D-16, all to read as follows:;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 608--A Bill to amend and reenact §17A-2- 13 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 of said code; to amend and reenact §17A-4-1 and §17A-4-10 of said code; to amend and reenact §17A-4A-10 of said code; to amend and reenact §17A-10-3, §17A-10-10 and §17A-10-11 of said code; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code; to amend and reenact §17D-2-2 of said code; and to amend said code by adding thereto a new section, designated §17A-6D-16, all relating regulation of motor vehicles; increasing the fee for vehicle records and the certified record fee; increasing the registration fee for Class A motor vehicles; increasing the fee for the issuance and duplication of various documents by the division including titles, registrations, plates and decals; increasing the fee for recording liens and releases; increasing the vehicle transfer fees; increasing the fee for issuance, duplication and renewal of a driver's license, identification card and motorcycle license; requiring the payment of the fee for each attempt at the written and road skills test; increasing the fee for driving records; providing that licenses issued by the division may contain information designating the licensee as a person who is an honorably discharged veteran of any branch of the armed forces of the United States; providing that the vehicle license cost recovery fee charged by daily passenger rental car companies may be applied to costs incurred the following year; providing an additional means to notify the division regarding vehicles scrapped, compressed, dismantled or destroyed and prescribing form; and providing for the use of additional vehicle brands used by other jurisdictions that are consistent with the National Motor Vehicle Title Information System.
On motion of Senator Beach, the following amendments to the House of Delegates amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page sixty-one, section two, after the words "Beginning January 1, 2013, the commissioner shall collect $10 for each abstract" by changing the colon to a period and striking out the proviso;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 608--A Bill to amend and reenact §17A-2- 13 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 of said code; to amend and reenact §17A-4-1 and §17A-4-10 of said code; to amend and reenact §17A-4A-10 of said code; to amend and reenact §17A-10-3, §17A-10-10 and §17A-10-11 of said code; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code; and to amend and reenact §17D-2-2 of said code, all relating to increasing division of motor vehicle fees, veteran designation on licenses, notification to division of scrapped, compressed, dismantled or destroyed vehicles and vehicle brands; increasing the fee for vehicle records and the certified record fee; increasing the registration fee for Class A motor vehicles and creating two weight classes within Class A; increasing the fee for the issuance and duplication of various documents by the division including titles, registrations, plates and decals; increasing the fee for recording liens and releases; increasing the vehicle transfer fees; increasing the fee for issuance, duplication and renewal of a driver's license, identification card and motorcycle license; requiring the payment of the fee for each attempt at the written and road skills test; increasing the fee for driving records; providing that licenses issued by the division may contain information designating the licensee as a person who is an honorably discharged veteran of any branch of the armed forces of the United States in accordance with criteria established by the division if the licensee requests this information on the license; providing an additional means to notify the division regarding vehicles scrapped, compressed, dismantled or destroyed and prescribing form; and providing for the use of additional vehicle brands used by other jurisdictions that are consistent with the National Motor Vehicle Title Information System.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Senate Bill No. 608, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--26.
The nays were: Barnes, Boley, Chafin, Fanning, Helmick, Nohe and Sypolt--7.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 608) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 614, Permitting specific law-enforcement officials access to certain confidential pharmaceutical information.
On motion of Senator Unger, 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 five, line eight, by striking out the words "a member" and inserting in lieu thereof the word "members";
On page three, section five, line thirty, after the word "prescribe" by inserting the words "or dispense";
On page four, section five, line thirty-four, after the word "patient" by changing the period to a colon and inserting the following proviso: Provided, That the small team established in subsection (b) is authorized to query the database to comply with subsection (b).;
On page four, section five, line forty-two, after the word "communicating" by inserting the words "with appropriate law enforcement agencies as determined by the small team established in subsection (b) of this section,";
On page four, section five, line forty-three, by striking out the word "by" and inserting in lieu thereof the word "with";
On page four, section five, line forty-five, after the word "patients." by inserting the following: Only in those cases in which there is reasonable suspicion to believe a breach of professional or occupational standards may have occurred, the team established in subsection (b) shall notify the appropriate professional licensing agency with jurisdiction over prescribers or dispensers and shall provide prescription monitoring information required by the small team established in subsection (b) of this section.;
On page five, section five, line seventy-one, after the word "Care" by striking out the comma and inserting in lieu thereof the word "and";
On page five, section five, lines seventy-three through seventy-five, by striking out the words "Practice Physicians and a representative of a controlled substance wholesaler chosen by the Board of Pharmacy" and inserting in lieu thereof the word "Physicians";
On page six, section five, line seventy-eight, by striking out the words "both patients and health care professionals" and inserting in lieu thereof the word "patients";
On page six, section five, lines eighty through eighty-four, by striking out all of paragraph (C);
And relettering the remaining paragraph;
On page six, section five, lines eighty-nine through ninety- three, by striking out all of subsection (b) and inserting in lieu thereof a new subsection (b), to read as follows:
(b) The Board of Pharmacy shall create a small team of individuals consisting of two law enforcement personnel representing the federally affiliated drug task forces, two physicians with specialties which require extensive use of controlled substances, and a pharmacist who is knowledgeable about the use and abuse of controlled substances. The team may determine that an additional physician who is an expert in the field under investigation be added to the team when the facts of a case indicate that the additional expertise is required. This team shall query the database and make determinations on a case-by-case basis on specific unusual prescribing patterns indicated by outliers in the system that could determine a need for further action by law enforcement or the licensing board which has jurisdiction over the prescribers or dispensers under consideration. The number of cases identified shall be determined by the small team based on a number that can be adequately reviewed by the team.;
On page seven, section five, lines one hundred five and one hundred six, by striking out the words "both patients and health care professionals" and inserting in lieu thereof the word "patients";
On page nine, section five, line one hundred forty-two, by striking out the word "requirea" and inserting in lieu thereof the word "require";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 614--A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to the controlled substances monitoring generally; permitting specific law-enforcement officials who are members of federally affiliated drug task forces access to certain confidential pharmaceutical information to identify unusual prescription drug behavior; requiring the State Board of Pharmacy to issue reports that identify unusual prescribing or dispensing patterns and notify licensing authorities and prescribers that identify abnormal prescription practices; establishing an advisory committee to recommend the parameters of abnormal prescribing patterns related to patients and to identify how this information will be reported to prescribers and dispensers and to recommend other actions that could reduce the amount of misuse of prescription drugs; establish a small team that can query the controlled substance database and determine practices of concern that would establish the need for further investigation by a licensing board or a law enforcement agency; establishing a felony offense for misusing information from the controlled substance database; requiring the Board of Pharmacy to implement a real-time database when available and when resources permit; requiring implementation of the parameters of abnormal prescribing patterns shall be contingent on available funding; requiring a report to the Legislative Oversight Commission on Health and Human Resources Accountability; granting rule-making authority; and providing immunity to prescribing practitioners for certain reporting based on review of patient specific information contained in the controlled substances monitoring database.
On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 614) 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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2012--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
At the request of Senator Prezioso, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. Com. Sub. for House Bill No. 2075, Relating to acquisition of a municipal business license.
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, of
Eng. House Bill No. 2345, Changing the membership of the PEIA Financial Board.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2757, Providing for evaluation of professional personnel in the public schools.
On motion of Senator Unger, 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 Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators Browning, Tucker and Boley.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, to take effect from passage, of
Eng. House Bill No. 2763, Prohibiting the Executive Director of Workforce West Virginia from billing a reimbursable employer under the unemployment compensation law for overpaid amounts of benefits paid to a claimant.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
Eng. Com. Sub. for House Bill No. 2860, Authorizing the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction.
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, of
Eng. Com. Sub. for House Bill No. 2864, All relating to the creation of a misdemeanor crime of unlawful restraint in the first and second degree.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
Eng. Com. Sub. for House Bill No. 2936, Changing the date of the canvassing of votes in a primary election.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 3034, Recognizing outstanding students who are top achievers in scholastic studies.
On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses.
Whereupon, Senator Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators Plymale, Wells, Browning, Laird and Boley.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 3196, Establishing a program and procedure for certifying medications assistive persons in the health industry.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 65--Requesting the Joint Committee on Government and Finance study the state's in-home direct care workforce in an effort to improve the quality and quantity of available in-home direct care workers to ensure a trained and competent workforce exists to care for the state's growing aged population.
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. 126--Requesting the Joint Committee on Government and Finance study the need for criminal penalties for utilizing computers, mobile telephones and electronic devices to transmit obscene, anonymous, harassing, threatening, demeaning, degrading and self-esteem lowering communications.
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. 143--Requesting the Joint Committee on Government and Finance to conduct a study on combining the state health care programs into a single agency.
Referred to the Committee on to 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. 144--Requesting the Joint Committee on Government and Finance study the feasibility of requiring the West Virginia Department of Health and Human Resources to annually review rates of its various programs pay to health care providers.
Referred to the Committee on Finance; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 149--Urging the West Virginia Public Service Commission act to review the condition of the Pruntytown to Mt. Storm 500kV transmission line owned by Monongahela Power, a subsidiary of FirstEnergy, and order the rebuilding and reconductoring of that transmission line as soon as is practical.
Referred to the Committee on the Judiciary.
Executive Communications
The Clerk then presented a communication from His Excellency, the Governor, advising that on March 11, 2011, he had approved Enr. Committee Substitute for House Bill No. 2709.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate recessed until 1:30 p.m. today.
At the expiration of the recess, the Senate reconvened and, at the request of Senator Unger, unanimous consent being granted, proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Unger, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2693, Requiring insurance coverage for autism spectrum disorders.
Passed by the Senate on yesterday, Friday, March 11, 2011,
The bill now being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered the vote by which it adopted Senator Unger's motion that the bill take effect July 1, 2011.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's motion that the bill (Eng. Com. Sub. for H. B. No. 2693) take effect July 1, 2011.
Thereafter, at the request of Senator Unger, and by unanimous consent, his foregoing motion was withdrawn.
On motion of Senator Unger, the Senate reconsidered its action by which on yesterday, Friday, March 11, 2011, it adopted Senator McCabe's amendment to the title of the bill (shown in the Senate Journal of that day, pages 216 and 217).
The question again being on the adoption of Senator McCabe's amendment to the title of the bill (Eng. Com. Sub. for H. B. No. 2693).
Thereafter, at the request of Senator McCabe, unanimous consent being granted, Senator McCabe's amendment to the title of the bill was withdrawn.
On motion of Senator Unger, the Senate reconsidered the vote as to the passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Unger, the Senate reconsidered its action by which on yesterday, Friday, March 11, 2011, it adopted the Finance committee amendment to the bill, as amended (shown in the Senate Journal of that day, pages 196 through 215, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of the Finance committee amendment to the bill, as amended.
On motion of Senator Jenkins, the following amendments to the Finance committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2693) were reported by the Clerk, considered simultaneously, and adopted:
On page six, section seven, subsection (a), subdivision (8), paragraph (A), by striking out the word "two" and inserting in lieu thereof the words "eighteen months";
On page six, section seven, subsection (a), subdivision (8), paragraph (A), by striking out the words "prescribed by a certified behavioral analyst" and inserting in lieu thereof the words "prescribed by a licensed physician or licensed psychologist";
On page six, section seven, subsection (a), subdivision (8), paragraph (A), by striking out the words "developed by a certified behavioral" and inserting in lieu thereof the words "developed by a certified behavior";
On page six, section seven, subsection (a), subdivision (8), paragraph (B), by striking out the words "supervised by a certified behavioral" and inserting in lieu thereof the words "supervised by a certified behavior";
On page seven, section seven, subsection (a), subdivision (8), paragraph (B), by striking out the words "developed by a certified behavioral" and inserting in lieu thereof the words "developed by a certified behavior";
On page eight, section seven, subsection (a), subdivision (8), paragraph (D), subparagraph (iii), by striking out the words "a West Virginia licensed psychologist or psychiatrist" and inserting in lieu thereof the words "an individual";
On page nine, section six-e, subsection (a), by striking out the word "two" and inserting in lieu thereof the words "eighteen months";
On page ten, section six-e, subsection (a), by striking out the words "prescribed by a certified behavioral analyst" and inserting in lieu thereof the words "prescribed by a licensed physician or licensed psychologist";
On page ten, section six-e, subsection (a), by striking out the words "developed by a certified behavioral" and inserting in lieu thereof the words "developed by a certified behavior";
On page ten, section six-e, subsection (b), by striking out the words "supervised by a certified behavioral" and inserting in lieu thereof the words "supervised by a certified behavior";
On page eleven, section six-e, subsection (b), by striking out the words "developed by a certified behavioral" and inserting in lieu thereof the words "developed by a certified behavior";
On page twelve, section six-e, subsection (d), subdivision (3), by striking out the word "behavioral" and inserting in lieu thereof the word "behavior";
On page twelve, section six-e, subsection (d), subdivision (3), by striking out the words "a West Virginia licensed psychologist or psychiatrist" and inserting in lieu thereof the words "an individual";
On page eighteen, section three-v, subsection (a), by striking out the word "two" and inserting in lieu thereof the words "eighteen months";
On page eighteen, section three-v, subsection (a), by striking out the words "prescribed by a certified behavioral analyst" and inserting in lieu thereof the words "prescribed by a licensed physician or licensed psychologist";
On page eighteen, section three-v, subsection (a), by striking out the words "developed by a certified behavioral" and inserting in lieu thereof the words "developed by a certified behavior";
On page eighteen, section three-v, subsection (a), by striking out the words "filed with the agency" and inserting in lieu thereof the words "filed with the insurer";
On page eighteen, section three-v, subsection (a), by striking out the words "continue, the agency" and inserting in lieu thereof the words "continue, the insurer";
On page twenty, section three-v, subsection (c), subdivision (3), by striking out the word "behavioral" and inserting in lieu thereof the word "behavior";
On page twenty, section three-v, subsection (c), subdivision (3), by striking out the words "a West Virginia licensed psychologist or psychiatrist" and inserting in lieu thereof the words "an individual";
On page twenty-one, section three-v, subsection (e), by striking out the word "agency" and inserting in lieu thereof the word "insurer";
On page twenty-one, section seven-k, subsection (a), by striking out the word "two" and inserting in lieu thereof the words "eighteen months";
On page twenty-two, section seven-k, subsection (a), by striking out the words "prescribed by a certified behavioral analyst" and inserting in lieu thereof the words "prescribed by a licensed physician or licensed psychologist";
On page twenty-two, section seven-k, subsection (a), by striking out the words "developed by a certified behavioral" and inserting in lieu thereof the words "developed by a certified behavior";
On page twenty-two, section seven-k, subsection (a), by striking out the words "review by the agency" and inserting in lieu thereof the words "review by the corporation";
On page twenty-two, section seven-k, subsection (a), by striking out the words "filed with the agency" and inserting in lieu thereof the words "filed with the corporation";
On page twenty-three, section seven-k, subsection (b), by striking out the words "developed by a certified behavioral" and inserting in lieu thereof the words "developed by a certified behavior";
On page twenty-three, section seven-k, subsection (c), subdivision (3), by striking out the word "behavioral" and inserting in lieu thereof the word "behavior";
On page twenty-three, section seven-k, subsection (c), subdivision (3), by striking out the words "a West Virginia licensed psychologist or psychiatrist" and inserting in lieu thereof the words "an individual";
On page twenty-four, section seven-k, subsection (e), by striking out the word "agency" and inserting in lieu thereof the word "corporation";
On page twenty-five, section seven-k, subsection (f), by striking out the words "health care insurer" and inserting in lieu thereof the word "corporation";
On page twenty-five, section eight-j, subsection (a), by striking out the word "two" and inserting in lieu thereof the words "eighteen months";
On page twenty-five, section eight-j, subsection (a), by striking out the words "prescribed by a certified behavioral analyst" and inserting in lieu thereof the words "prescribed by a certified licensed physician or licensed psychologist";
On page twenty-five, section eight-j, subsection (a), by striking out the words "review by the agency" and inserting in lieu thereof the words "review by the health maintenance organization";
On page twenty-five, section eight-j, subsection (a), by striking out the words "filed with the agency" and inserting in lieu thereof the words "filed with the health maintenance organization";
On page twenty-five, section eight-j, subsection (a), by striking out the words "continue, the agency" and inserting in lieu thereof the words "continue, the health maintenance organization";
On page twenty-six, section eight-j, subsection (b), by striking out the words "developed by a certified behavioral" and inserting in lieu thereof the words "developed by a certified behavior";
On page twenty-seven, section eight-j, subsection (c), subdivision (3), by striking out the word "behavioral" and inserting in lieu thereof the word "behavior";
On page twenty-seven, section eight-j, subsection (c), subdivision (3), by striking out the words "a West Virginia licensed psychologist or psychiatrist" and inserting in lieu thereof the words "an individual";
On page twenty-eight, section eight-j, subsection (e), by striking out the word "agency" and inserting in lieu thereof the words "health maintenance organization";
And,
On page twenty-eight, section eight-j, subsection (f), by striking out the words "care insurer" and inserting in lieu thereof the words "maintenance organization".
The question now being on the adoption of the Finance committee amendment to the bill, as amended, the same was put and prevailed.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2693), as just amended, was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2693) passed.
On motion of Senator McCabe, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2693-- A Bill to amend and reenact §5-16-7 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-16B- 6e; to amend said code by adding thereto a new section, designated §9-5-21; to amend said code by adding thereto a new section, designated §33-16-3v; to amend said code by adding thereto a new section, designated §33-24-7k; and to amend said code by adding thereto a new section, designated §33-25A-8j, all relating to requiring insurance coverage for autism spectrum disorders; providing for an effective date for coverage; providing definitions; setting out age limitations; providing for coverage amounts and time frames; setting forth who may provide appropriate treatment; providing reporting requirements to determine if treatment remains effective; allowing for cost saving measures in specified instances; providing the provisions are only required to the extent required by federal law; and providing reporting requirements by state agencies.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2693) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Browning, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
At the request of Senator Unger, unanimous consent being granted, Senator Unger addressed the Senate regarding the recent passing of Corene F. Bryant, former Supervisor of the Senate Secretarial Staff.
Thereafter, at the request of Senator Plymale, and by unanimous consent, the remarks by Senator Unger were ordered printed in the Appendix to the Journal.
The Senate again proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 621 (originating in the Committee on Finance)--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the State Department of Education, fund 0313, fiscal year 2011, organization 0402, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (S. B. No. 621) 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.
On motion of Senator Unger, 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 621 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--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. 621) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 621) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 23, Requesting Acting Governor Earl Ray Tomblin communicate further with WV Congressional Delegation to ask Department of State to make certain demands on government of United Arab Emirates.
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the resolution (S. C. R. No. 23) contained in the preceding report from the Committee on Finance was taken up for immediate consideration.
The following amendments to the resolution, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
By striking out everything after the title and inserting in lieu thereof the following:
Whereas, The Government of Abu Dhabi, United Arab Emirates is in arrears on certain of its sovereign obligations; and
Whereas, Some West Virginians are in possession of bonds issued by the Government of Abu Dhabi, bonds that are now in arrears and at risk of default; and
Whereas, Repayment of these bonds by the Government of Abu Dhabi would result in significant tax revenues to the State of West Virginia, and also return investors' capital for reinvestment in significant new projects in West Virginia; and
Whereas, Members of the West Virginia Congressional Delegation have attempted to resolve this matter with the Embassy of the United Arab Emirates in Washington, D.C. but without result; therefore, be it
Resolved by the Legislature of West Virginia:
That West Virginia Congressional Delegation be requested to communicate further to the United State Department of State; and, be it
Further Resolved, That, pursuant to the United States Constitution, Article 1, Section 8, Paragraph 3, which bestows on the United States Congress the duty to regulate commerce with foreign nations, the Congressional Delegation from the State of West Virginia should renew their resolve and ask their Congressional colleagues and every United States legislator, on a bipartisan basis, to ask the United States Department of State to demand that the government of the United Arab Emirates honor and pay their sovereign financial obligations that are guaranteed by the Government of Abu Dhabi as evidenced by bonds signed by their own officials.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 23--Requesting the Congressional Delegation from the State of West Virginia to ask the United State Department of State to make certain demands on the government of the United Arab Emirates.
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Prezioso, 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. 2955, Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 9, 2011;
And reports the same back with the recommendation that it do pass, as amended.
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. 2955) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
After the enacting section, by inserting a new article, designated article thirteen-bb, to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 13BB. WEST VIRGINIA INNOVATIVE MINE SAFETY TECHNOLOGY TAX CREDIT ACT.

§11-13BB-1. Short title.
This article may be cited as the "West Virginia Innovative Mine Safety Technology Tax Credit Act".
§11-13BB-2. Legislative findings and purpose.
The Legislature finds that the encouragement of new investment in innovative coal mine safety technology in this state is in the public interest and promotes the general welfare of the people of this state.
§11-13BB-3. Definitions.
(a) Any term used in this article has the meaning ascribed by this section, unless a different meaning is clearly required by the context of its use or by definition in this article.
(b) For purposes of this article, the term:
(1) "Certified eligible safety property" means eligible safety property in which an eligible taxpayer has made qualified investment for which credit has been certified under this article.
(2) "Coal mining company" means:
(A) Any person subject to tax imposed on the severance of coal by section three, article thirteen-a of this chapter; or
(B) Any person working as a contract miner of coal, which mines coal in this state, under contract with a person subject to tax imposed on the severance of coal by section three, article thirteen-a of this chapter.
(3) "Director" means the Director of the Office of Miners' Health, Safety and Training or West Virginia Office of Miners' Health, Safety and Training established under article one, chapter twenty two-a of this code.
(4) "Eligible safety property" means safety technology equipment, that at the time of acquisition, is on the list of approved innovative mine safety technology.
(5) "Eligible taxpayer" means a coal mining company which purchases eligible safety property.
(6) "List of approved innovative mine safety technology" means the list required to be compiled and maintained by the Mine Safety Technology Task Force and approved and published by the director under this article.
(7) "Office of Miners' Health, Safety and Training" or "West Virginia Office of Miners' Health, Safety and Training" means the Office of Miners' Health, Safety and Training established under article one, chapter twenty two-a of this code.
(8) "Person" includes any corporation, limited liability company, or partnership.
(9) "Qualified investment" means the eligible taxpayer's investment in eligible safety property pursuant to a qualified purchase as qualified and limited by section six of this article.
(10) "Qualified purchase" means and includes only acquisitions of eligible safety property for use in this state.
(A) A lease of eligible safety property may constitute a qualified purchase if the lease was entered into and became effective at a time when the equipment is on the list of approved innovative mine safety technology, and if the primary term of the lease for the eligible safety property is five years or more. Leases having a primary term of less than five years do not qualify.
(B) "Qualified purchase" does not include:
(i) Purchases or leases of realty or any cost for, or related to, the construction of any building, facility or structure attached to realty;
(ii) Purchases or leases of any property not exclusively used in West Virginia;
(iii) Repair costs including materials used in the repair, unless for federal income tax purposes, the cost of the repair must be capitalized and not expensed;
(iv) Motor vehicles licensed by the Department of Motor Vehicles;
(v) Clothing;
(vi) Airplanes;
(vii) Off-premises transportation equipment;
(viii) Leases of tangible personal property having a primary term of less than five years shall not qualify;
(ix) Property that is used outside this state; and
(x) Property that is acquired incident to the purchase of the stock or assets of an industrial taxpayer, which property was or had been used by the seller in his or her industrial business in this state, or in which investment was previously the basis of a credit against tax taken under any other article of this chapter.
( C ) Acquisitions (including leases) of eligible safety property may constitute qualified purchases for purposes of this article only if:
(i) The property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of deductions under Section 267 or 707(b) of the United States Internal Revenue Code of 1986, as amended;
(ii) The property is not acquired from a related person or by one component member of a controlled group from another component member of the same controlled group. The Tax Commissioner may waive this requirement if the property was acquired from a related party for its then fair market value; and
(iii) The basis of the property for federal income tax purposes, in the hands of the person acquiring it, is not determined, in whole or in part, by reference to the federal adjusted basis of the property in the hands of the person from whom it was acquired; or under Section 1014(e) of the United States Internal Revenue Code of 1986, as amended.
(11) "Safety technology" means depreciable tangible personal property and equipment, other than clothing, principally designed to directly minimize workplace injuries and fatalities in coal mines.
(12) "Taxpayer" means any person subject to any of the taxes imposed by article thirteen-a, twenty-three or twenty-four of this chapter (or any combination of those articles of this chapter).
§11-13BB-4. List of approved innovative mine safety technology.
(a) List of approved innovative mine safety technology. -- The Mine Safety Technology Task Force, established in section two, article eleven, chapter twenty-two-a of this code, shall annually compile a proposed list of approved innovative mine safety technologies. Such list shall be transmitted to the director for approval. The director has thirty days to approve or amend the list. At the expiration of thirty days, the director shall publish the list of approved innovative mine safety technologies. The list shall describe and specifically identify safety equipment for use in West Virginia coal mines which, in the fiscal year when such equipment is added to the list, is not required by the Mine Safety and Health Administration of the United States Department of Labor or the West Virginia Office Of Miners' Health, Safety And Training or any other state or federal agency, to be used in a coal mine or on a mine site or on any other industrial site. Safety equipment shall remain on the list from year to year until the director removes it from the list. The Office of Miners' Health, Safety and Training may establish by legislative rule or interpretive rule a shorter time period for issuance of and updating of the list of approved innovative mine safety technologies.
(b) It is the intent of the Legislature that the list of approved innovative mine safety technologies include only safety equipment that is depreciable tangible personal property for federal income tax purposes, which is so new to the industry and so innovative in concept, design, operation or performance that, in the fiscal year when it is added to the list of approved innovative mine safety technologies, the equipment has not yet been adopted by the federal Mine Safety and Health Administration or the West Virginia Office of Mine Safety or any other state or federal agency as required equipment to be used in a coal mine or on a mine site or on any other industrial site.
(c) Delisting. -- (1) If any item of equipment or any line of equipment or class of equipment is listed on the list of approved innovative mine safety technologies in any fiscal year, but then is subsequently adopted by the federal Mine Safety and Health Administration or the West Virginia Office of Mine Safety or any other state or federal agency as required equipment to be used in a coal mine or on a mine site or on any other industrial site, such equipment shall be removed from the list of approved innovative mine safety technologies compiled and issued for the next succeeding periodic issuance thereafter of the list of approved innovative mine safety technologies.
(2) If it is determined by the director that any item of equipment or any line of equipment or class of equipment that is listed on the list of approved innovative mine safety technology has ceased to be innovative in concept, design, operation or performance, or is ineffective, or has failed to meet the expectations of the Mine Safety Technology Task Force, or has failed to prove its value in directly minimizing workplace injuries and fatalities in coal mines, such equipment shall be removed from the list of approved innovative mine safety technologies that is compiled and issued for the next succeeding periodic issuance of the list of approved innovative mine safety technologies after such determination has been reached.
(3) However, any eligible taxpayer who invested in such equipment as certified eligible safety property during the time such equipment was lawfully listed on the list of approved innovative mine safety technologies, shall not forfeit the credit authorized by this article as a result of the delisting of the equipment under either subdivision (1) or subdivision (2) of this subsection, so long as the requirements of this article are otherwise fulfilled by the taxpayer for entitlement to the credit.
§11-13BB-5. Amount of credit allowed.
(a) Credit allowed. -- There is allowed to eligible taxpayers a credit against the taxes imposed by articles twenty-three and twenty-four of this chapter. The amount of credit shall be determined as provided in this section.
(b) Amount of credit allowable. -- The amount of allowable credit under this article is equal to fifty percent of the qualified investment (as determined in section six of this article), and shall reduce the business franchise tax imposed under article twenty-three of this chapter and the corporation net income tax imposed under article twenty-four of this chapter, in that order, subject to the following conditions and limitations:
(1) The amount of credit allowable is applied over a five-year period, at the rate of one-fifth thereof per taxable year, beginning with the taxable year in which the eligible safety property is first placed in service or use in this state.
(2) Business franchise tax. -- The credit is applied to reduce the business franchise tax imposed under article twenty-three of this chapter (determined after application of the credits against tax provided in section seventeen, article twenty-three of this chapter, but before application of any other allowable credits against tax). The amount of annual credit allowed will not reduce the business franchise tax, imposed under article twenty-three of this chapter, below fifty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax.
(3) Corporation net income tax. -- After application of subdivision (2) of this subsection, any unused credit is next applied to reduce the corporation net income tax imposed under article twenty-four of this chapter (determined before application of any other allowable credits against tax). The amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty-four of this chapter, below fifty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax.
(4) Pass-through entities. -- (A) If the eligible taxpayer is a limited liability company, small business corporation or a partnership, then any unused credit (after application of subdivisions (2) and (3) of this subsection) is allowed as a credit against the taxes imposed by article twenty-four of this chapter on owners of the eligible taxpayer on the conduit income directly derived from the eligible taxpayer by its owners. Only those portions of the tax imposed by article twenty-four of this chapter that are imposed on income directly derived by the owner from the eligible taxpayer are subject to offset by this credit.
(B) The amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty-four of this chapter, below fifty percent of the amount which would be imposed on the conduit income directly derived from the eligible taxpayer by each owner for such taxable year in the absence of this credit against the taxes.
(5) Small business corporations, limited liability companies, partnerships and other unincorporated organizations shall allocate any unused credit (after application of subdivisions (2) and (3) of this subsection) among their members in the same manner as profits and losses are allocated for the taxable year; and
(6) No credit is allowed under this article against any tax imposed by article twenty-one of this chapter.
(c) No carryover to a subsequent taxable year or carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance. Such unused credit is forfeited.
(d) No tax credit is allowed or may be applied under this article until the taxpayer seeking to claim the tax credit has:
(1) Filed, with the Office of Miners' Health, Safety and Training, a written application for certification of the proposed tax credit; and
(2) Received, from the Office of Miners' Health, Safety and Training, certification of the amount of tax credit to be allocated to the eligible taxpayer.
(e) No more than $5 million of the tax credits allowed under this article shall be allocated by the Office of Miners' Health, Safety and Training during any fiscal year. The Office of Miners' Health, Safety and Training shall allocate the tax credits in the order the applications therefor are received.
(f) The total amount of tax credit that may be used in any taxable year by any eligible taxpayer, individually or in combination with the owners of the eligible taxpayer, under this article may not exceed $100,000.
(g) Applications for certification of the proposed tax credit shall contain such information and be in such detail and in such form as may be required by the Office of Miners' Health, Safety and Training.
(h) The Tax Commissioner may prescribe such forms and schedules as may be necessary or appropriate for effective, efficient and lawful administration of this article.
(i) Notwithstanding the provisions of section five-d, article ten of this chapter, and notwithstanding any other provision of this code, the Tax Commissioner and Office of Miners' Health, Safety and Training may exchange such tax information and other information as may be determined by the Tax Commissioner to be useful and necessary for the effective oversight and administration of the credit authorized pursuant to this article.
§11-13BB-6. Qualified investment.
(a) General. -- The qualified investment is one hundred percent of the cost for eligible safety property pursuant to a qualified purchase, which is placed in service or use in this state by the eligible taxpayer during the taxable year.
(b) Placed in service or use.-- For purposes of the credit allowed by this article, property is considered placed in service or use in the earlier of the following taxable years:
(1) The taxable year in which, under the taxpayer's depreciation practice, the period for federal income tax depreciation with respect to the property begins; or
(2) The taxable year in which the property is placed in a condition or state of readiness and availability for a specifically assigned function.
(c) Cost. -- For purposes of this article, the cost for eligible safety property pursuant to a qualified purchase is determined under the following rules:
(1) Trade-ins. -- Cost for eligible safety property will not include the value of property given in trade or exchange for eligible safety property pursuant to a qualified purchase;
(2) Damaged, destroyed or stolen property. -- If eligible safety property is damaged or destroyed by fire, flood, storm or other casualty, or is stolen, then the cost for replacement of such eligible safety property, will not include any insurance proceeds received in compensation for the loss;
(3) Rental property. -- The cost for eligible safety property acquired by lease for a term of at least five years or longer is one hundred percent of the rent reserved for the primary term of the lease, not to exceed ten years;
(4) Property purchased for multiple use. -- Any cost of acquisition of property that is not principally and directly used to minimize workplace injuries and fatalities in a coal mine does not qualify as qualified investment for purposes of this article.
§11-13BB-7. Forfeiture of unused tax credits.
Disposition of property or cessation of use. -- If during any taxable year, property with respect to which a tax credit has been allowed under this article:
(1) Is disposed of prior to the end of the fourth tax year subsequent to the end of the tax year in which the property was placed in service or use; or
(2) Ceases to be used in a coal mine of the eligible taxpayer in this state prior to the end of the fourth tax year subsequent to the end of the tax year in which the property was placed in service or use, then the unused portion of the credit allowed for such property is forfeited for the tax year in which the disposition or cessation of use occurred and all ensuing tax years.

§11-13BB-8. Transfer of certified eligible safety property to successors.

(a) Mere change in form of business. -- Certified eligible safety property may not be treated as disposed of under section seven of this article, by reason of a mere change in the form of conducting the business as long as the certified eligible safety property is retained in a business in this state for use in a coal mine in West Virginia, and the taxpayer retains a controlling interest in the successor business. In this event, the successor business is allowed to claim the amount of credit still available with respect to the certified eligible safety property transferred, and the taxpayer (transferor) may not be required to forfeit the credit for the years remaining at the time of transfer in the original five year credit period.
(b) Transfer or sale to successor. -- Certified eligible safety property will not be treated as disposed of under section seven of this article by reason of any transfer or sale to a successor business which continues to use the certified eligible safety property in a coal mine in West Virginia. Upon transfer or sale, the successor shall acquire the amount of credit that remains available under this article in the original five year credit period for each subsequent taxable year, and the taxpayer (transferor) shall not be required to forfeit the credit for such subsequent years. Upon transfer or sale, the successor shall acquire the amount of credit that remains available under this article for each taxable year subsequent to the taxable year of the transferor during which the transfer occurred and, for the year of transfer, an amount of annual credit for the year in the same proportion as the number of days remaining in the transferor's taxable year bears to the total number of days in the taxable year and the taxpayer (transferor) shall not be required to redetermine the amount of credit allowed in earlier years.
§11-13BB-9. Identification of investment credit property.
Every taxpayer who claims credit under this article shall maintain sufficient records to establish the following facts for each item of certified eligible safety property:
(1) Its identity;
(2) Its actual or reasonably determined cost;
(3) Its straight-line depreciation life;
(4) The month and taxable year in which it was placed in service;
(5) The amount of credit taken; and
(6) The date it was disposed of or otherwise ceased to be actively and directly used in a coal mine in this state.

§11-13BB-10. Failure to keep records of certified eligible safety property.

A taxpayer who does not keep the records required for certified eligible safety property and the credit authorized under this article, is subject to the following rules:
(1) A taxpayer is treated as having disposed of, during the taxable year, any certified eligible safety property which the taxpayer cannot establish was still on hand and used in a coal mine in this state at the end of that year; and
(2) If a taxpayer cannot establish when certified eligible safety property reported for purposes of claiming this credit was placed in service, the taxpayer is treated as having placed it in service in the most recent year in which similar property was placed in service, unless the taxpayer can establish that the property placed in service in the most recent year is still on hand and used in a coal mine in this state at the end of that year. In that event, the taxpayer will be treated as having placed the property in service in the next most recent year.
§11-13BB-11. Tax credit review and accountability.
(a) Beginning on August 1, 2012, and August 1 of every third year thereafter, the Tax Commissioner shall submit to the Governor, the President of the Senate and the Speaker of the House of Delegates a tax credit review and accountability report evaluating the cost of the credit allowed under this article during the most recent three-year period for which information is available. The criteria to be evaluated includes, but is not limited to, for each year of the three-year period:
(1) The number of taxpayers claiming the credit; and
(2) The cost of the credit;
(b) Taxpayers claiming the credit shall provide whatever information the Tax Commissioner may require to prepare the report. The information provided is subject to the confidentiality and disclosure provisions of sections five-d and five-s, article ten of this chapter. If, in any reporting period under this section, fewer than ten eligible taxpayers have taken or applied for the credit authorized under this article, then no report shall be filed for that reporting period under this section.
§11-13BB-12. Disclosure of tax credits.
Notwithstanding section five-d, article ten of this chapter or any other provision in this code to the contrary, the Tax Commissioner shall annually publish in the State Register the name and address of every eligible taxpayer and the amount of any tax credit asserted under this article.
§11-13BB-13. Rules.
The Tax Commissioner and the Office of Miners' Health, Safety and Training may each promulgate rules in accordance with article three, chapter twenty-nine-a of this code to carry out the policy and purposes of this article, to provide any necessary clarification of the provisions of this article and to efficiently provide for the general administration of this article.;
On page fourteen, after section nineteen, by inserting the following:
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.

ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; ENFORCEMENT.

§22A-1-4. Powers and duties of the Director of the Office of Miners' Health, Safety and Training.

(a) The Director of the Office of Miners' Health, Safety and Training is hereby empowered and it is his or her duty to administer and enforce such provisions of this chapter relating to health and safety inspections and enforcement and training in surface and underground coal mines, underground clay mines, open pit mines, cement manufacturing plants and underground limestone and sandstone mines.
(b) The Director of the Office of Miners' Health, Safety and Training has full charge of the division. The director has the power and duty to:
(1) Supervise and direct the execution and enforcement of the provisions of this article.
(2) Employ such assistants, clerks, stenographers and other employees as may be necessary to fully and effectively carry out his or her responsibilities and fix their compensation, except as otherwise provided in this article.
(3) Assign mine inspectors to divisions or districts in accordance with the provisions of section eight of this article as may be necessary to fully and effectively carry out the provisions of this law, including the training of inspectors for the specialized requirements of surface mining, shaft and slope sinking and surface installations and to supervise and direct such mine inspectors in the performance of their duties.
(4) Suspend, for good cause, any such mine inspector without compensation for a period not exceeding thirty days in any calendar year.
(5) Prepare report forms to be used by mine inspectors in making their findings, orders and notices, upon inspections made in accordance with this article.
(6) Hear and determine applications made by mine operators for the annulment or revision of orders made by mine inspectors, and to make inspections of mines, in accordance with the provisions of this article.
(7) Cause a properly indexed permanent and public record to be kept of all inspections made by himself or by mine inspectors.
(8) Make annually a full and complete written report of the administration of the office to the Governor and the Legislature of the state for the year ending June 30. The report shall include the number of visits and inspections of mines in the state by mine inspectors, the quantity of coal, coke and other minerals (excluding oil and gas) produced in the state, the number of individuals employed, number of mines in operation, statistics with regard to health and safety of persons working in the mines including the causes of injuries and deaths, improvements made, prosecutions, the total funds of the office from all sources identifying each source of such funds, the expenditures of the office, the surplus or deficit of the office at the beginning and end of the year, the amount of fines collected, the amount of fines imposed, the value of fines pending, the number and type of violations found, the amount of fines imposed, levied and turned over for collection, the total amount of fines levied but not paid during the prior year, the titles and salaries of all inspectors and other officials of the office, the number of inspections made by each inspector, the number and type of violations found by each inspector. ~~Provided,~~ ~~That~~ However, no inspector may be identified by name in this report. Such reports shall be filed with the Governor and the Legislature on or before December 31 of the same year for which it was made, and shall upon proper authority be printed and distributed to interested persons.
(9) Call or subpoena witnesses, for the purpose of conducting hearings into mine fires, mine explosions or any mine accident; to administer oaths and to require production of any books, papers, records or other documents relevant or material to any hearing, investigation or examination of any mine permitted by this chapter. Any witness so called or subpoenaed shall receive $40 per diem and shall receive mileage at the rate of $0.15 for each mile actually traveled, which shall be paid out of the State Treasury upon a requisition upon the State Auditor, properly certified by such witness.
(10) Institute civil actions for relief, including permanent or temporary injunctions, restraining orders, or any other appropriate action in the appropriate federal or state court whenever any operator or the operator's agent violates or fails or refuses to comply with any lawful order, notice or decision issued by the director or his or her representative.
(11) Perform all other duties which are expressly imposed upon him or her by the provisions of this chapter.
(12) Impose reasonable fees upon applicants taking tests administered pursuant to the requirements of this chapter.
(13) Impose reasonable fees for the issuance of certifications required under this chapter.
(14) Prepare study guides and other forms of publications relating to mine safety and charge a reasonable fee for the sale of the publications.
(15) Make all records of the office open for inspection of interested persons and the public.
(c) The Director of the Office of Miners' Health, Safety and Training, or his or her designee, upon receipt of the list of approved innovative mine safety technologies from the Mine Safety Technology Task force, has thirty days to approve or amend the list as provided in section four, article thirteen-bb, chapter eleven of this code. At the expiration of the time period, the director shall publish the list of approved innovative mine safety technologies as provided in section four, article thirteen-bb, chapter eleven of this code.
ARTICLE 11. MINE SAFETY TECHNOLOGY.
§22A-11-3. Task force powers and duties.
(a) The task force shall provide technical and other assistance to the office related to the implementation of the new technological requirements set forth in the provisions of section fifty-five, article two of this chapter, as amended and reenacted during the regular session of the Legislature in 2006, and requirements for other mine safety technologies.
(b) The task force, working in conjunction with the director, shall continue to study issues regarding the commercial availability, the functional and operational capability and the implementation, compliance and enforcement of the following protective equipment:
(1) Self-contained self-rescue devices, as provided in subsection (f), section fifty-five, article two of this chapter;
(2) Wireless emergency communication devices, as provided in subsection (g), section fifty-five, article two of this chapter;
(3) Wireless emergency tracking devices, as provided in subsection (h), section fifty-five, article two of this chapter; and
(4) Any other protective equipment required by this chapter or rules promulgated in accordance with the law that the director determines would benefit from the expertise of the task force.
(c) The task force shall on a continuous basis study, monitor and evaluate:
(1) The potential for enhancing coal mine health and safety through the application of existing technologies and techniques;
(2) Opportunities for improving the integration of technologies and procedures to increase the performance and survivability of coal mine health and safety systems;
(3) Emerging technological advances in coal mine health and safety; and
(4) Market forces impacting the development of new technologies, including issues regarding the costs of research and development, regulatory certification and incentives designed to stimulate the marketplace.
(d) On or before July 1 of each year, the task force shall submit a report to the Governor and the Board of Coal Mine Health and Safety that shall include, but not be limited to:
(1) A comprehensive overview of issues regarding the implementation of the new technological requirements set forth in the provisions of section fifty-five, article two of this chapter or rules promulgated in accordance with the law;
(2) A summary of any emerging technological advances that would improve coal mine health and safety;
(3) Recommendations, if any, for the enactment, repeal or amendment of any statute which would enhance technological advancement in coal mine health and safety; and
(4) Any other information the task force considers appropriate.
(e) In performing its duties, the task force shall, where possible, consult with, among others, mine engineering and mine safety experts, radiocommunication and telemetry experts and relevant state and federal regulatory personnel.
(f) Appropriations to the task force commission and to effectuate the purposes of this article shall be made to one or more budget accounts established for that purpose.
(g) The task force shall annually compile a proposed list of approved innovative mine safety technologies and transmit the list to the Director of the Office of Miners' Health, Safety and Training as provided in section four, article thirteen-bb, chapter eleven of this code. ;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5, §11-13BB-6, §11-13BB-7, §11- 13BB-8, §11-13BB-9, §11-13BB-10, §11-13BB-11, §11-13BB-12, §11- 13BB-13 and §11-13BB-14; that §22-3-7, §22-3-8 and §22-3-19 of said code be amended and reenacted; that §22A-1-4 of said code be amended and reenacted; and that §22A-11-3 of said code be amended and reenacted, all to read as follows: .
The bill (Eng. Com. Sub. for H. B. No. 2955), as amended, was ordered to third reading.
On motion of Senator Unger, 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2955) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2955) 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. 2955--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11- 13BB-10, §11-13BB-11, §11-13BB-12 and §11-13BB-13; to amend and reenact §22-3-7, §22-3-8 and §22-3-19 of said code; to amend and reenact §22A-1-4 of said code; and to amend and reenact §22A-11-3 of said code, all relating to environmental resources; to providing a tax credit for purchase of innovative mine safety technology; legislative findings and purpose; definitions; requirements for list of approved innovative mine safety technology; amount of tax credit allowed; criteria for qualified investment; forfeiture of unused tax credits; treatment for transfer of certified eligible safety property to successors; setting forth requirements for identification of investment credit property; prescribing treatment for failure to keep records of certified eligible safety property; specifying tax credit review and accountability requirements; specifying requirement for disclosure of tax credits; authorizing rules; surface coal mining and reclamation act; and fees assessed to coal mining operators by the Division of Mining and Reclamation ; amending the duties of the Director of the West Virginia Office of Miners' Health, Safety and Training; and amending the duties of the Mine Safety Technology Task Force.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2791, Requiring the Superintendent of the State Police to implement a plan to increase the number of troopers.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 2791) 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.
On motion of Senator Unger, 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
The bill (Eng. H. B. No. 2791) was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-3. State police structure; how established.
The superintendent shall create, appoint and equip the State Police which shall consist of the number of troops, districts and detachments required for the proper administration of the State Police. Each troop, district or detachment shall be composed of the number of officers and members the superintendent determines are necessary to meet operational needs and are required for the efficient operation of the State Police. The superintendent shall conduct a study to determine the minimum manpower count required for the efficient administration of the State Police and report to the Legislature by January 2012, a program to enable the state to attain that minimum number. The superintendent shall establish the general organizational structure of the State Police by interpretive rule in accordance with the provisions of article three, chapter twenty-nine-a of this code. The superintendent shall provide adequate facilities for the training of all members of the State Police and shall prescribe basic training requirements for newly enlisted members. He or she shall also provide advanced or in-service training from time to time for all members of the State Police. The superintendent shall hold training classes for other peace officers in the state without cost to those officers, except actual expenses for food, lodging and school supplies.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 2791) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Wills, Yost and Kessler (Acting President)--32.
The nays were: Williams--1.
Absent: Tomblin (Mr. President)--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. 2791) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. House Bill No. 2791--A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring the superintendent of the State Police to conduct a study to determine the minimum manpower count required for the efficient administration of the State Police and report to the Legislature by January 2012, a program to enable the state to attain that minimum number.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
House Concurrent Resolution No. 118, Requesting a feasibility study for a proposed multi-county ATV trail system in Central West Virginia.
And,
House Concurrent Resolution No. 120, Requesting a study on the effect of transferring supervisory and jurisdictional responsibilities of all or part of Coopers Rock State Forest.
And reports the same back with the recommendation that they each be adopted; but under the original double committee references first be referred to the Committee on Rules.
Respectfully submitted,
William R. Laird IV,
Chair.
The resolutions, under the original double committee references, were then referred to the Committee on Rules.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 69, Requesting DOH name bridge in Wayne County "Staff Sergeant Sidney H. Blankenship Memorial Bridge".
Senate Concurrent Resolution No. 70, Requesting DOH name bridge in Boone County "Fred York Memorial Bridge".
House Concurrent Resolution No. 81, The "Eli 'Rimfire' Hamrick Trail".
House Concurrent Resolution No. 116, The "Honorary and Memorial Firefighters Bridge".
House Concurrent Resolution No. 127, The "Staff Sergeant Chester Arthur Winchell Memorial Bridge".
And,
House Concurrent Resolution No. 137, Requesting the Division of Highways erect signs stating "Lewisburg, Coolest Small Town U. S. A., 2011".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, Senate Concurrent Resolution No. 69 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Beach, unanimous consent being granted, Senate Concurrent Resolution No. 70 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 81 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 116 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 127 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Beach, unanimous consent being granted, House Concurrent Resolution No. 137 contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Kessler (Acting President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 74, Requesting Joint Committee on Government and Finance study need to improve public access to epinephrine auto-injectors.
Senate Concurrent Resolution No. 75, Requesting Joint Committee on Government and Finance authorize study of rate review process established by Health Care Authority.
Senate Concurrent Resolution No. 77, Requesting Joint Committee on Government and Finance conduct study ensuring transparency regarding healthcare providers.
Senate Concurrent Resolution No. 79, Requesting Joint Committee on Government and Finance study need for authorizing executive director of Public Defender Services control over public defender corporations.
Senate Concurrent Resolution No. 80, Requesting Joint Committee on Government and Finance study methods of making WESTEST2 results count as part of students' grades.
Senate Concurrent Resolution No. 81, Requesting Joint Committee on Government and Finance study methods of improving fairness of competition between public and nonpublic schools.
Senate Concurrent Resolution No. 82, Requesting Joint Committee on Government and Finance conduct study to determine alternative certification paths for teachers and principals.
Senate Concurrent Resolution No. 83, Requesting Joint Committee on Government and Finance conduct study to determine value of professional career ladder program for teachers tied to student growth formula.
Senate Concurrent Resolution No. 84, Requesting Joint Committee on Government and Finance study implementation of 10 elements of digital learning and State Board of Education's Middle School Global 21 initiative.
Senate Concurrent Resolution No. 85, Requesting Joint Committee on Government and Finance study multiple topics related to teacher salaries; analyze language limitations of school levies.
Senate Concurrent Resolution No. 86, Requesting Joint Committee on Government and Finance study general revenue funding of community and technical colleges.
And,
House Concurrent Resolution No. 94, Supporting the "Honor and Remember" Flag as an official emblem of the service and sacrifice by the brave men and women who have given their lives in the line of duty.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair ex officio.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 74 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 75 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 77 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 79 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 80 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 81 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 82 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 83 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 84 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 85 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, Senate Concurrent Resolution No. 86 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, House Concurrent Resolution No. 94 contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3271, Relating to the distribution of state funds to volunteer fire companies and departments.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 8, 2011;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 3271) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 553.
Following discussion,
The question being on the adoption of the Finance committee amendment to the bill, the same was put and prevailed.
The bill (Eng. H. B. No. 3271), as amended, was then ordered to third reading.
On motion of Senator Unger, 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Having been engrossed, the bill (Eng. H. B. No. 3271) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--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. 3271) 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. 3271--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-4-14a, relating to creating a workers' compensation insurance subsidy program for volunteer fire departments; defining terms; establishing a special program within the Auditor's Office; granting authority to the Auditor to administer the program; designating a funding formula for distribution of moneys allocated; granting rule-making authority to administer this section; and requiring report to the Legislature.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Com. Sub. for House Concurrent Resolution No. 26, The "Fort Pearsall Highway".
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the resolution (Com. Sub. for H. C. R. No. 26) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page one, in the second Whereas clause, after the words "building of a" by inserting the word "fort";
On page two, in the ninth Whereas clause, after the word "Army" by inserting the word "fort";
On page two, in the ninth Whereas clause, after the words "known as" by inserting the word "Fort";
On page three, in the twelfth Whereas clause, by striking out the words "Historic District" and inserting in lieu thereof the word "Trace";
On page three, in the first Resolved clause, by striking out the words "Division of Land Grant Historic Districts" and inserting in lieu thereof the words "Division of Highways";
On page four, in the first Resolved clause, by striking out the words "Pearsall Land Grant Historic District" and inserting in lieu thereof the words "Pearsall Land Grant Trace";
On page four, in the second Resolved clause, by striking out the words "Division of Land Grant Historic Districts" and inserting in lieu thereof the words "Division of Highways";
On page four, in the second Resolved clause, by striking out the words "Pearsall Land Grant Historic District" and inserting in lieu thereof the words "Pearsall Land Grant Trace";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Com. Sub. for House Concurrent Resolution No. 26-- Requesting the Division of Highways to name that portion of U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West Virginia, west to its intersection with Fox's Hollow Road, a distance of 3.7 miles more or less, as the "Pearsall Land Grant Trace".
The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 26), as amended, 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.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2362, Increasing penalties for financial exploitation of an elderly person or incapacitated adult.
On motion of Senator Unger, 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 Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators Williams, Wills and Nohe.
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 that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2663, Relating to public service commissioners presiding at hearings.
On motion of Senator Unger, 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 Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators Miller, Williams and Sypolt.
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 that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2745, Providing that certain information provided by insurance companies to the Insurance Commissioner is confidential.
On motion of Senator Unger, 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 Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators Minard, Jenkins and Hall.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being granted, the Senate proceeded to the consideration of
Eng. Com. Sub. for House Bill No. 2012, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
Having been received as a House message in earlier proceedings today, the message thereon having been taken up for immediate consideration, reference to a committee dispensed with and the bill read a first time, ordered to second and then deferred until the conclusion of bills on today's second reading calendar, and now coming up out of regular order, was reported by the Clerk.
On motion of Senator Unger, 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
The bill (Eng. Com. Sub. for H. B. No. 2012) was read a second time.
On motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 70.
Thereafter, at the request of Senator Hall, and by unanimous consent, the remarks by Senators Barnes and Prezioso regarding the adoption of Senator Prezioso's amendment to Engrossed Committee Substitute for House Bill No. 2012 were ordered printed in the Appendix to the Journal.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2012) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2012) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2012) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
Senators McCabe, Browning, Hall, Foster, Prezioso and Klempa offered the following resolution:
Senate Concurrent Resolution No. 87-- Urging the West Virginia Congressional Delegation not to support a proposal that waives interest payment on unemployment loans.
Whereas, A proposal has been made to give states a waiver on interest payments due on loans by states from the federal government to cover unemployment shortfalls in certain states; and
Whereas, In 1990 the Advisory Council on Unemployment Compensation reported "It would be in the interest of the nation to begin to restore the forward-funding nature of the unemployment insurance system, resulting in a building up of reserves during good economic times and a drawing down of reserves during recessions"; and
Whereas, Two national commissions and a series of government audits also warned states not to let reserves for unemployment insurance be reduced to ensure that funding was adequate during economic downturns; and
Whereas, The State of West Virginia acted responsibly and ensured that its unemployment trust fund was able to weather economic downturns; and
Whereas, Despite warnings, approximately thirty states did not ensure that their unemployment trust funds were adequately funded and were forced to borrow money from the federal government in order to cover unemployment shortfalls in such states; and
Whereas, Due to the fact West Virginia has been responsible and did not dilute the balance of its unemployment trust fund, West Virginia is one of twenty states that has not borrowed funds from the federal government; and
Whereas, Waiving the interest on loans from the federal government to those states that did not ensure that their unemployment trust funds remained at an appropriate level, despite several reports and warnings to the contrary, eliminates the consequences of those states making a fiscally irresponsible decision; and
Whereas, Waiving the interest on loans from the federal government to such states sends a message to fiscally responsible states such as West Virginia that being fiscally responsible is not in its best interest; and
Whereas, It is in the best interest of the State of West Virginia and the United States to require the states that borrowed money from the federal government to pay all interest to the federal government on such loans; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Congressional Delegation is urged not to support a proposal that waives interest payment on unemployment loans; and, be it
Further Resolved, That the Legislature finds that any such action taken by the federal government would reward fiscally irresponsible behavior and would encourage fiscally responsible states like West Virginia to not take such fiscally responsible behavior in the future; and, be it
Further Resolved, That the Legislature encourages the members of the West Virginia Delegation to the Congress of the United States and the President of the United States to oppose such action; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the members of the West Virginia Delegation to the Congress of the United States and the President of the United States.
At the request of Senator Browning, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senators Unger, Fanning, Jenkins, Prezioso, Wells, McCabe, Stollings, Plymale, Browning, Palumbo, Edgell, Green, Minard, Klempa, Yost, Williams, Kessler (Acting President) and Sypolt offered the following resolution:
Senate Resolution No. 55--Memorializing the life of Frank Woodruff Buckles, native of Charles Town, West Virginia, and the last living World War I veteran in the United States.
Whereas, Frank Woodruff Buckles was born in Bethany, Missouri, on February 1, 1901; and
Whereas, Frank Woodruff Buckles enlisted in the United States Army in April of 1917, at the age of sixteen years old, informing the Army that he was twenty-one years of age; and
Whereas, While in the United States Army during World War I, Frank Woodruff Buckles served in the United States, the United Kingdom, Germany and France; and
Whereas, In 1920, Frank Woodruff Buckles was discharged from the armed services having achieved the rank of corporal; and
Whereas, For his service during World War I, Frank Woodruff Buckles received the World War I Victory Medal and qualified for four Overseas Service Bars and the Army of Occupation of Germany Medal; and
Whereas, During World War II, Frank Woodruff Buckles continued his service to his country as a civilian working for an American shipping line in the Phillippines where he was captured and was a prisoner of war in a Japanese prison camp for three years; and
Whereas, Frank Woodruff Buckles was married to his beloved wife Audrey, with whom he shared the joy of having a daughter, Susannah; and
Whereas, Sadly, Frank Woodruff Buckles passed away at his farm in Charles Town on February 27, 2011, nearly a month after his 110^th birthday; and
Whereas, Frank Woodruff Buckles was the last living World War I, United States veteran to have finished basic training and to have been stationed overseas prior to the end of the war; and
Whereas, It is fitting and proper, that we honor the life of Frank Woodruff Buckles for his dedicated service to his community, state and country; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Frank Woodruff Buckles, native of Charles Town, West Virginia, and the last living World War I veteran in the United States; and, be it
Further Resolved, That the Senate expresses its deepest sympathy to the family of Frank Woodruff Buckles on his passing; and, be it
Further Resolved, That the Senate expresses its sincere gratitude to Frank Woodruff Buckles for his service and sacrifice to his community, state and country; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of Frank Woodruff Buckles.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
At the request of Senator Unger, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 88 (originating in the Committee on Transportation and Infrastructure)-- Requesting the Division of Highways to name bridge number 24-3/2-13.40, in McDowell County and located on County Route 3/2, crossing Trace Fork, the "Adam Bailey Memorial Bridge".
Whereas, Adam Bailey was born May 12, 1877 and lived a full life until he passed away December 27, 1957; and
Whereas, On October 28, 1898, Adam Bailey married Jerusha Little, said marriage producing seventeen children. Sadly, Jerusha passed away but he later married Sally Shrader. This union produced six children; and
Whereas, Adam Bailey was a pioneer in the Panther Creek area and he and his family lived where the offices of Panther State Forest are located at this day; and
Whereas, Adam Bailey owned approximately 775 acres along Panther State Forest. In the l940s, he sold most of the land to the State to complete the boundry of the park. He was quoted as saying that the generations to come could get some good use out the park. He really loved children and his wishes were for the children to have a good place to enjoy activities with their family; and
Whereas, After 23 children, there are several of Adam Bailey's descendants still living in the Panther Creek area of McDowell County. Naming a bridge after Adam Bailey near his old homestead and the Bailey family cemetery would be a small tribute to a man who was very well thought of and helped so many people along the way; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 24-3/2-13.40, in McDowell County and located on County Route 3/2, crossing Trace Fork, the "Adam Bailey 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 "Adam Bailey Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Secretary of the Department of Transportation and Fred Bailey, Adam Bailey's great grandson.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the resolution (S. C. R. No. 88) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 89 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study regulating pawnbrokers.
Whereas, The West Virginia State Legislature seeks to advance faithful commercial transactions among pawnbrokers and pledgers; and
Whereas, Law enforcement periodically need access to information that pawnbrokers are not required to keep; and
Whereas, Studying other states' legislation relating to pawnbrokers will help establish a better understanding of how pawnbrokers are regulated; and
Whereas, Pawnbrokers are currently a federally regulated institution; and
Whereas, The West Virginia Legislature has an interest in minimizing conflicting regulations with the federal government, counties, and municipalities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study regulating pawnbrokers; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, 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 and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 89) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to the Committee on Rules.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 90 (originating in the Committee on Government Organization)-- Requesting the Joint Committee on Government and Finance study the Board of Examiners of Speech-Language Pathology and Audiology.
Whereas, The West Virginia Board of Examiners of Speech- Language Pathology and Audiology assures and maintains the professional qualifications for speech-language pathologists and audiologists; and
Whereas, In order to ensure that the professions of speech- language pathology and audiology are advanced, certain requirements are needed; and
Whereas, The West Virginia Legislature seeks to advance these professions by considering certain necessary qualifications; and
Whereas, Considering qualifications for the speech-language pathology and audiology professions requires analyzing the current need for progression; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the Board of Examiners of Speech-Language Pathology and Audiology.
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 90) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to the Committee on Rules.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 91 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study repealing antiquated sunset language.
Whereas, Antiquated sunset language is embedded within multiple sections of the code; and
Whereas, The antiquated sunset language needs to be repealed; and
Whereas, A procedure needs to be developed to address repealing the antiquated sunset language without incurring adverse effects; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study repealing antiquated sunset language; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 91) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to the Committee on Rules.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 92 (originating in the Committee on Transportation and Infrastructure)-- Requesting the Joint Committee on Government and Finance study the implementation of an intrastate air service to better connect West Virginia's communities via quicker and safer air travel.
Whereas, West Virginia has a rich aviation history and a growing and robust aerospace industry; and
Whereas, Airports are an integral part of West Virginia's transportation system, which plays a significant role in the National Transportation System. There are 32 public-use airports located in the state, seven of which have commercial air service with scheduled airlines. The state's airports provide West Virginians and visitors with a safe and efficient connection to the entire country and the world; and
Whereas, West Virginia's rural geography creates intrastate transportation challenges, including extended travel times via automobile from the capital of Charleston to the farther reaches of the state, including Martinsburg in the eastern panhandle and Wheeling in the northern panhandle; and
Whereas, Annually, a large amount of travel is undertaken by state employees traveling between Charleston and the rest of the state, and between communities throughout West Virginia, to carry out their duties that require expenditures for travel related expenses; and
Whereas, An intrastate air service would provide a quicker, more efficient and potentially less costly alternative, not only for the state for its employees' travel, but for businesses and visitors as well; and
Whereas, An intrastate air service would enhance the current level of air service that presently exists in the state; and
Whereas, An intrastate air service would attract new businesses, benefit existing businesses located in the state and enhance West Virginia's robust tourism industry; and
Whereas, An intrastate air service would enable the state to meet the present and future needs of West Virginia's communities, local governments, businesses, citizens and visitors; and
Whereas, The implementation of an intrastate air service to better connect West Virginia's communities via quicker and safer air travel is in the best interest of the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the implementation of an intrastate air service to better connect West Virginia's communities via quicker and safer air travel; and, be it
Further Resolved , That the Joint Committee on Government and Finance is encouraged to work with the Aeronautics Commission of the West Virginia Department of Transportation, West Virginia's regional airport authorities and the West Virginia Division of Tourism; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the resolution (S. C. R. No. 92) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
On motion of Senator Beach, the resolution was referred to the Committee on Rules.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 93 (originating in the Committee on Transportation and Infrastructure)-- Requesting the Division of Highways to name bridge number 34-129-00.01, in Nicholas County and located on State Route 129, the "Lee Tucker Memorial Bridge".
Whereas, Lee Tucker was born August 8, 1939 and later married Loretta Canterbury, producing three children from that union: Byron Tucker, Randy Tucker and Sandra Tucker; and
Whereas, Lee Tucker was actively involved in the Democratic Party in Nicholas County for several years including having served on the County Executive Committee; and
Whereas, Lee Tucker was a mining safety advocate for the United Mine Workers of America and worked tirelessly for making the workplace safer for miners at Cannelton and throughout the industry; and
Whereas, Lee Tucker placed high priorities on the area's youth and served as a scoutmaster for the Boy Scouts in Keslers Cross Lanes ; and
Whereas, Lee Tucker was a committed and respected public servant and worked tirelessly on many issues for the benefit of the citizens of Keslers Cross Lanes by being instrumental in having public water extended to Keslers Cross Lanes and forming the Keslers Cross Lanes Volunteer Fire Department, where he served as its chief until his death; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 34-129-00.01, in Nicholas County and located on State Route 129, the "Lee Tucker 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 "Lee Tucker Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Secretary of the Department of Transportation and Lee Tucker's children: Byron Tucker, Randy Tucker and Sandra Tucker.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being granted, the resolution (S. C. R. No. 93) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Unger then announced that in the meeting of the Committee on Rules previously held, the committee had returned to the Senate calendar, on third reading, Engrossed Committee Substitute for House Bill No. 3054, having been removed from the Senate calendar under rule number seventeen of the Rules of the Senate on March 11, 2011.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 36, Requesting Joint Committee on Government and Finance study educational and communication barriers facing children deaf or hard of hearing.
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. 42, Requesting Joint Committee on Government and Finance study opportunities to adopt model legislation and/or COMPAC to facilitate sharing of prescription data with other states.
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. 46, Requesting Joint Committee on Government and Finance study procurement of services and goods by agencies and departments.
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. 59, Requesting Joint Committee on Government and Finance study whether state should increase funding to Matching Advertising Partnership Program.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 61, Requesting Joint Committee on Government and Finance study methods for assessing state's narrative water quality standards.
On unfinished business, coming up in regular order, was reported by the Clerk.
Prior to the call of the roll, Senator Plymale moved to be excused from voting on any matter pertaining to the resolution under rule number forty-three of the Rules of the Senate, which motion prevailed.
On motion of Senator Jenkins, the following amendments to the resolution were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the fourth Whereas clause, by striking out the word "is" and inserting in lieu thereof the words "and the National Maritime Enhancement Institute at Marshall University are";
On page two, in the fifth Whereas clause, after the word "The" by inserting the words "West Virginia Water Research";
On page two, in the sixth Whereas clause, by striking out the words "therefore, be it" and inserting in lieu thereof the following: "and
Whereas, The National Maritime Enhancement Institute at Marshall University is one of nine nationally recognized maritime institutes in the United States; conducting research to improve the performance, efficiency, security and financial stability of waterborne commerce, industry and transportation; and
Whereas, The Legislature desires The National Maritime Enhancement Institute at Marshall University to assist, through its research efforts and other available resources, in developing a method to assess the state's narrative water quality standards and determine what, if any, impact those standards will have on the state's waterborne commerce, industry and transportation; therefore, be it;";
On page two, in the first Resolved clause, after the word "Institute" by inserting the words "and the National Maritime Enhancement Institute at Marshall University";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 61--Requesting the Joint Committee on Government and Finance study methods for assessing the state's narrative water quality standards by utilizing the West Virginia Water Research Institute and the National Maritime Enhancement Institute at Marshall University.
The question now being on the adoption of the resolution, as amended, 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. 64, Requesting Joint Committee on Government and Finance study legislation encouraging development of small businesses.
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. 65, Requesting study on creation of Fiscal and Policy Division under Joint Committee on Government and Finance.
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. 66, Requesting Joint Committee on Government and Finance study implementation of procedures by DEP relating to environmental sampling.
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 Joint Committee on Government and Finance study funding of fairs and festivals.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 73, Urging U. S. EPA interpret WV Water Pollution Act to balance environmental protection with employment and industrial needs.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 70, Budget Bill.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Unger, the bill was recommitted to the Committee on Finance.
Eng. Senate Bill No. 620, Making supplementary appropriation to various executive accounts.
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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 620) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 620) 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. 2161, Creating the Herbert Henderson Office of Minority Affairs.
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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2161) 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. 2161--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2161) 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. 2513, Relating to the practice of pharmacy.
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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2513) 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. 2513--A Bill to repeal §30- 5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a, §30-5-12b, §30- 5-12c, §30-5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5A-9a of said Code; to amend and reenact §30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30- 5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5- 22, §30-5-23, §30-5-24, §30-5-26, §30-5-27, §30-5-28 and §30-5-30 of said code; to amend said code by adding thereto six new sections, designated §30-5-25, §30-5-29, §30-5-31, §30-5-32, §30-5- 33 and §30-5-34; and to amend and reenact §60A-10-3 of said code, all relating to the practice of pharmacist care; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain settings; providing other applicable sections; providing definitions; continuing the Board of Pharmacy; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, registration and permit requirements; creating scopes of practice; providing requirements for pharmacy interns; establishing renewal requirements; providing for exemptions from licensure; providing for a special volunteer license; providing requirement to participate in collaborative pharmacy practice; providing requirements for dispensing generic drugs; requiring the registration of pharmacies; requiring a permit for mail-order pharmacies and manufacturing of drugs; providing requirements of filling prescriptions; providing requirements for a pharmacist-in- charge; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2551, Relating generally to estates and trusts and their administration.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, the following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §36-1-4, §36-1-6, §36-1-17 and §36-1-18 of the Code of West Virginia, 1931, as amended, be repealed; that §44-5-12, §44-5-13, §44-5-14 and §44-5-15 be repealed; that §44-6-2a be repealed; that §44-14-1, §44-14-2, §44-14-3, §44-14-4 and §44-14-5 be repealed; that §38-1-13 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §44-4-22; that §44-5-1, §44-5-7, §44-5-11 of said code be amended and reenacted; that §44-5A-2, §44-5A-3 and §44-5A-4 of said code be amended and reenacted; that said code be amended by adding thereto three new sections, designated §44-5A-5, §44-5A-6 and §44-5A-7; that §44-6-1 and §44-6-2 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §44-6-11; that §44-6C-1, §44-6C-2, and §44-6C-9 of said code be amended and reenacted; that §44-7-1 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §44-7-4; and that said code be amended by adding thereto a new chapter, designated §44D-1-101, §44D-1-102, §44D-1-103, §44D-1-104, §44D-1-105, §44D-1-106, §44D-1-107, §44D-1-108, §44D-1-109, §44D-1-110, §44D-1-111, §44D-1-112, §44D-2-201, §44D-2-202, §44D-2-203, §44D-2-204, §44D-3-301, §44D-3-302, §44D-3-303, §44D-3-304, §44D-3-305, §44D-4-401, §44D-4-402, §44D-4-403, §44D-4-404, §44D-4-405, §44D-4-406, §44D-4-407, §44D-4-408, §44D-4-409, §44D-4-410, §44D-4-411, §44D-4-412, §44D-4-413, §44D-4-414, §44D-4-415, §44D-4-416, §44D-4-417, §44D-5-501, §44D-5-502, §44D-5-503, §44D-5-504, §44D-5-505, §44D-5-506, §44D-5-507, §44D-6-601, §44D-6-602, §44D-6-603, §44D-6-604, §44D-7-701, §44D-7-702, §44D-7-703, §44D-7-704, §44D-7-705, §44D-7-706, §44D-7-707, §44D-7-708, §44D-7-709, §44D-8-801, §44D-8-802, §44D-8-803, §44D-8-804, §44D-8-805, §44D-8-806, §44D-8-807, §44D-8-808, §44D-8-809, §44D-8-810, §44D-8-811, §44D-8-812, §44D-8-813, §44D-8-814, §44D-8-815, §44D-8-816, §44D-8-817, §44D-9-901, §44D-10-1001, §44D-10-1002, §44D-10-1003, §44D-10-1004, §44D-10-1005, §44D-10-1006, §44D-10-1007, §44D-10-1008, §44D-10-1009, §44D-10-1010, §44D-10-1011, §44D-10-1012, §44D-10-1013, §44D-11-1101, §44D-11-1102, §44D-11-1103, §44D-11-1104 and §44D-11-1105, all to read as follows:.
Having been engrossed, the bill (Eng. H. B. No. 2551), as just amended, was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2551) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. House Bill No. 2551--A Bill to repeal §36-1-4, §36-1-6, §36-1-17 and §36-1-18 of the Code of West Virginia of 1931, as amended; to repeal §44-5-12, §44-5-13, §44-5-14 and §44-5-15 of said code; to repeal §44-6-2a of said code; to repeal §44-14-1, §44-14-2, §44-14-3 §44-14-4 and §44-14-5 of said code; to amend and reenact §38-1-13 of said code; to amend said code by adding thereto a new section, designated §44-4-22; to amend and reenact §44-5-1, §44-5-7 and §44-5-11 of said code; to amend and reenact §44-5A-2, §44-5A-3 and §44-5A-4 of said code; to amend said code by adding thereto three new sections, designated §44-5A-5, §44-5A-6 and §44-5A-7; to amend and reenact §44-6-1 and §44-6-2 of said code; to amend said code by adding thereto a new section, designated §44-6-11; to amend and reenact §44-6C-1, §44-6C-2, and §44-6C-9 of said code; to amend and reenact §44-7-1 of said code; to amend said code by adding thereto a new section, designated §44-7-4; and to amend said code by adding thereto a new chapter, designated §44D-1-101, §44D-1-102, §44D-1-103, §44D-1-104, §44D-1-105, §44D-1-106, §44D-1-107, §44D-1-108, §44D-1-109, §44D-1-110, §44D-1-111, §44D-1-112, §44D-2-201, §44D-2-202, §44D-2-203, §44D-2-204, §44D-3-301, §44D-3-302, §44D-3-303, §44D-3-304, §44D-3-305, §44D-4-401, §44D-4-402, §44D-4-403, §44D-4-404, §44D-4-405, §44D-4-406, §44D-4-407, §44D-4-408, §44D-4-409, §44D-4-410, §44D-4-411, §44D-4-412, §44D-4-413, §44D-4-414, §44D-4-415, §44D-4-416, §44D-4-417, §44D-5-501, §44D-5-502, §44D-5-503, §44D-5-504, §44D-5-505, §44D-5-506, §44D-5-507, §44D-6-601, §44D-6-602, §44D-6-603, §44D-6-604, §44D-7-701, §44D-7-702, §44D-7-703, §44D-7-704, §44D-7-705, §44D-7-706, §44D-7-707, §44D-7-708, §44D-7-709, §44D-8-801, §44D-8-802, §44D-8-803, §44D-8-804, §44D-8-805, §44D-8-806, §44D-8-807, §44D-8-808, §44D-8-809, §44D-8-810, §44D-8-811, §44D-8-812, §44D-8-813, §44D-8-814, §44D-8-815, §44D-8-816, §44D-8-817, §44D-9-901, §44D-10-1001, §44D-10-1002, §44D-10-1003, §44D-10-1004, §44D-10-1005, §44D-10-1006, §44D-10-1007, §44D-10-1008, §44D-10-1009, §44D-10-1010, §44D-10-1011, §44D-10-1012, §44D-10-1013, §44D-11-1101, §44D-11-1102, §44D-11-1103, §44D-11-1104 and §44D-11-1105, all relating generally to estates and trusts and their administration; providing that certain provisions of current law to have no effect after specified date; providing certain provisions of current law are not to apply to trusts and trustees after specified date; changing names of certain articles of existing code; providing for the creation, administration, revision and termination of trusts; providing for trustees, powers and duties of trustees and substitution of trustees; providing for distribution of trust assets; specifying powers and certain restrictions on powers of fiduciaries; amending the Uniform Prudent Investor Act; modernizing language of certain existing sections of code and deleting obsolete language; adopting West Virginia Uniform Trust Code; providing general provisions and definitions; providing for judicial proceedings; providing for representation of trusts; providing for creation, validity, modification and termination of trusts; providing for creditor's claims; providing for spendthrift trusts, discretionary trusts and revocable trusts; providing for the office of trustee; providing duties and powers of trustees; providing for liability of trustees and rights of persons dealing with trustee; providing various miscellaneous provisions for trusts and trustees; specifying delayed effective date for West Virginia Uniform Trust Code; and providing rules for application of that date.
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. 2562, Relating to the State Athletic Commission.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for House Bill No. 2562 pass?"
On the passage of the bill, the yeas were: Barnes, Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Hall, Helmick, Klempa, McCabe, Miller, Minard, Palumbo, Snyder, Sypolt, Tucker, Wells, Williams, Wills and Yost--23.
The nays were: Boley, Foster, Jenkins, Laird, Nohe, Plymale, Prezioso, Stollings, Unger and Kessler (Acting President)--10.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2562) passed.
At the request of Senator Snyder, as chair of the Committee on Government Organization, and by unanimous consent, the unreported Government Organization committee amendment to the title of the bill was withdrawn.
On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2562--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-5A-3a, relating to the State Athletic Commission; authorizing the commission to regulate mixed martial arts; providing for use of the unified rules of mixed martial arts; stating powers of the commission; defining terms; creating licensing requirements; providing for rule-making authority; and prohibiting municipalities from imposing a license tax on mixed martial arts clubs.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Unger, 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 3:53 p.m. today:
Eng. Com. Sub. for House Bill No. 2532, Zipline Responsibility Act.
The Senate again proceeded to the eighth order of business, the next bill coming up in numerical sequence being
Eng. House Bill No. 2845, Creating a senior resident lifetime hunting, fishing and trapping license that will cost $25.
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: Barnes, Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--28.
The nays were: Boley, K. Facemyer, Hall, Nohe and Sypolt--5.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2845) 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. 2959, Providing additional funds to the West Virginia Racing Commission.
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: Beach, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: Barnes, Boley and Nohe--3.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2959) 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. 3054, Relating to DNA data collection.
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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 3054) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 3100, Permitting the sale of liquor on election day.
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: Beach, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Snyder, Stollings, Sypolt, Tucker, Wells, Williams, Wills, Yost and Kessler (Acting President)--25.
The nays were: Barnes, Boley, Chafin, Fanning, Hall, Nohe, Prezioso and Unger--8.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 3100) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2096, Relating to arts, entertainment and enterprise districts.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page eight, after section seven, by inserting a new article, designated article two-i, to read as follows:
ARTICLE 2I. CREATIVE COMMUNITIES DEVELOPMENT PILOT PROGRAM.

§5B-2I-1. Purposes and objectives; short title; legislative findings; definitions.

The Legislature finds and declares that:
(1) The development and enhancement of communities in West Virginia with the ability to thrive in the face of the economic and environmental challenges of the twenty-first century will make for a stronger West Virginia by creating jobs, attracting new professions, and developing additional sources of capital.
(2) The public policy of the state will be served through a matching grant pilot program designed to foster innovative planning to enhance communities with the following key foundations of economic and environmental sustainability, including:
(A) Providing access to technological advances among citizens, business, nonprofit entities, and governmental entities;
(B) Developing community centers, arts, historical, cultural and recreational facilities;
(C) Providing aesthetic improvements to existing communities and infrastructure;
(D) Fostering academic innovation in kindergarten through twelfth-grade and lifelong learning programs;
(E) Fostering the development of diversity and inclusiveness programs that help bridge ethnic, socioeconomic, historical and cultural divides; and
(F) Fostering the development of renewable and alternative energy sources.
(3) It is the intent of the Legislature in enacting this article to create a matching grant pilot program to foster the implementation of innovative planning strategies to develop and expand communities that can maximize emerging economic opportunities and environmental challenges and thrive in the twenty-first century.
(4) This article may be cited as the "Creative Communities Development Act".
(5) Definitions.
(A) "Applicant" means a community submitting an application requesting grant funds pursuant to this article.
(B) "Board" means the Creative Communities Development Board created pursuant to section three of this article.
(C) "Community" means a county or municipality in the State of West Virginia; a county or municipality development authority created pursuant to article twelve of chapter seven of this code; a metro government as defined in article one of chapter seven-a of this code; a state institution of higher learning as defined in section two, article one of chapter eighteen-b of this code; or a local government partnership as approved by the board.
(D) "Development Office" means the West Virginia Development Office.
(E) "Local government partnership" means a partnership between governmental entities that has been approved by the board under the rules promulgated pursuant to section six of this article.
(F) "Project" means a plan submitted by an applicant for matching grant funds pursuant to this article.
§5B-2I-2. Creation of Creative Communities Development Fund.
(a) All moneys collected for the purposes of the program shall be deposited in a special State Treasury revenue account to be known as the "Creative Communities Development Fund". The Creative Communities Development Fund is a permanent and perpetual fund administered by the development office. Expenditures from the fund shall be for the purposes set forth in this section and made and are authorized from collection and not legislative appropriations. Creative Communities Development Fund amounts not expended at the close of the fiscal year do not lapse or revert to the General Fund but are carried forward to the next fiscal year. Interest earnings on the fund become a part of the fund and do not lapse or revert to the General Fund.
(b) The special revenue account consists of appropriations made by the Legislature, income from the investment of moneys held in the special revenue account and all other sums available for deposit to the special revenue account from any source, public or private.
(c) Revenue shall be disbursed in the manner provided in this article and for the purposes stated in this article and may not be treated by the Auditor and Treasurer as part of the general revenue of the state.
§5B-2I-3. Creation of Creative Communities Development Board.
(a) The Creative Communities Development Board is created consisting of the following members:
(1) The Secretary of the Department of Commerce or designee;
(2) The Commissioner of Agriculture or designee;
(3) The Secretary of the Department of Education and the Arts or designee;
(4) The Executive Director of the Housing Development Fund or designee;
(5) The Governor shall appoint with the advice and consent of the Senate:
(A) One representative with general expertise on topics related to:
(i) Broadband availability and adoption among consumers and small businesses;
(ii) Issues related to very high-speed broadband availability for larger organizations with high-bandwidth requirements; and
(iii) Issues related to public-private research opportunities and commercialization strategies;
(B) One representative with general expertise on issues related to:
(i) Sustainable economic and community development;
(ii) Housing and real estate, including "creative class"- themed requirements;
(iii) Arts, historical and cultural initiatives and their economic impact on communities; and
(iv) Issues related to the impact of "third places"- historical, cultural and outdoor amenities, restaurants, entertainment services and other similar services; and
(C) One representative with general expertise related to:
(i) The value of diversity in a community and economy and how to foster diversity;
(ii) Issues related to communication and education of historical and cultural values; and
(iii) Organizational and institutional issues related to diversity.
(b) The board may exercise all powers necessary to carry out and effectuate its duties and decisions under this article. The board shall appoint a secretary and the secretary shall take minutes of all board proceedings. The minutes shall be held by the Development Office.
(c) The Secretary of the Department of Commerce or designee serves as chair of the board. The Commissioner of Agriculture or designee serves as vice chair of the board.
(d) The Secretary of the Department of Commerce or designee, the Commissioner of Agriculture or designee, the Secretary of the Department of Education and the Arts or designee and the Executive Director of the Housing Development Fund or designee are ineligible to receive compensation for serving as board members. For each day or portion of a day spent in the discharge of duties pursuant to this article, the board shall pay from the fund to eligible members the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties.
(e) The Development Office shall provide administrative support for the board.
(f) The board may meet on a bi-monthly basis.

§5B-2I-4. Availability of funds; grant levels; matching requirement.

(a) All funds to be disbursed pursuant to a grant authorized under this article may be made available only after the community submits proper invoices in a timely manner to the Development Office for expenditures authorized by the board as established in the project agreement entered into pursuant to section nine of this article.
(b) The board may provide a match rate of up to fifty percent for a project for qualified invoices reflecting approved expenses approved by the board pursuant to this article.
(c) Cost overruns above the award amount established by the board shall be borne by the community and are not eligible for grant funds unless the community submits a request to the board for additional grant funds and the board grants approval in writing prior to the expenditure of the costs by the community.
(d) In-kind services are not eligible for reimbursement.
(e) Matching funds may come from any source except that no state funds from any source may be used for a match: Provided, That the use of state funds for a project does not prohibit a community from receiving grant funds pursuant to this article by using matching funds from sources other than state funds.
(f) The following matching levels are applicable:
(1) For a community with a population less than five thousand, the maximum grant level per year is $200,000;
(2) For a community with a population more than or equal to five thousand but less than fifteen thousand, the maximum grant level per year is $300,000;
(3) For a community with a population more than or equal to fifteen thousand but less than thirty thousand, the maximum grant level per year is $500,000; and
(4) For a community with a population equal to or greater than thirty thousand, the maximum grant level per year is $1 million.
(g) Notwithstanding the provisions of subsection (f) of this section, the maximum grant level per year is $1 million for a community that is:
(1) A state institution of higher learning as defined in section two, article one of chapter eighteen-b of this code;
(2) A local government partnership as approved by the board; or
(3) A metro government as defined in article one of chapter seven-a of this code.

§5B-2I-5. Application to creative communities development board for matching funds.

(a) The board shall develop grant application forms to facilitate the board's evaluation of whether a project receives a grant based on the following criteria:
(1) Whether the project will provide or expand access to technological advances among citizens, business, nonprofit entities and governmental entities affected by the project;
(2) Whether the project will develop or enhance community centers, arts, historical, cultural and recreational facilities;
(3) Whether the project will provide aesthetic improvements to existing communities and infrastructure;
(4) Whether the project will foster academic innovation in kindergarten through twelfth grade and lifelong learning programs;
(5) Whether the project will foster the development of diversity and inclusiveness programs that help bridge ethnic, socioeconomic, historical and cultural divides;
(6) Whether the project will foster the development of renewable or alternative energy sources;
(7) How the project will be funded, including whether other sources of funds have been secured;
(8) How the project will use existing state, federal or local programs;
(9) Whether any public-private partnerships have been established for investment in the project;
(10) Whether colleges or universities are participating in the project; and
(11) How the project will impact the attraction, retention, and development of entrepreneurs in high-technology, environmentally friendly, scientific, arts, historical, cultural, design, engineering and similar industries.
(b) In addition to the requirements of subsection (a) of this section, applications shall include the following:
(1) Total project cost;
(2) The amount of grant requested;
(3) The estimated completion date for the project; and
(4) Any other information required by the board.
(c) The applicant in the application shall disclose the following:
(1) Any financial benefit that will be received, if the application is approved, by any entity in which the applicant, its representatives, partner organizations, or its employees have an ownership interest;
(2) Any other employees or representatives of the applicant or partner organizations may have with a vested interest that is not otherwise described as part of the project;
(3) If the applicant and all partner organizations are presently in compliance with all state, federal and local laws, including, but not limited to, tax obligations, insurance obligations, including workers' compensation coverage and unemployment compensation obligations; and
(4) If the applicant or partner organizations are presently involved in a bankruptcy proceeding, who within their organization may be contacted for details of the bankruptcy proceeding. Involvement in bankruptcy proceedings is not automatic disqualification from the grants program, but the commission reserves the right to request additional information regarding any bankruptcy proceedings to insure the state's money is being granted appropriately.
(d) Failure to accurately disclose the information required pursuant to subsection (c) of this section shall result in the cancellation of any grant to the applicant previously approved by the board and the disqualification of the community and its representatives from future grant awards.
(e) Applications for grants pursuant to this article shall be submitted by July 1 of each year.
§5B-2I-6. Rules.
The board with the assistance of the Development Office shall propose rules, for legislative approval in accordance with article three, chapter twenty-nine-a of this code to determine the standards of eligibility for local government partnerships.

§5B-2I-7. Review of applications by West Virginia Development Office and Creative Communities Development Board.

(a) The Development Office shall review all applications for completeness and conformance to this article, including any requirements established by the board. If an application is found incomplete or not in conformance, the Development Office may return the application to the applicant for additional information or otherwise contact the applicant and request the information required.
(b) Once the Development Office determines that an application is complete and complies with the provisions of this article, the Development Office shall evaluate and develop a recommendation for the board as to whether the board should approve the application.
(c) In reviewing applications for submission to the board, the Development Office shall make recommendations as to the priority of all applications.
(d) The board shall review all applications found by the Development Office to be in compliance with this article. Awards of grants shall be based upon a vote of the board.
(e) Grants shall be awarded on a competitive basis, in accordance with the criteria established by section five of this article.
(f) The board may reject, modify or approve an application based on how successfully the application meets the evaluation criteria.
(g) The board may award grants at levels up to fifty percent of the project cost.
(h) The Development Office shall notify unsuccessful applicants in writing within fifteen days of the board's decision on the application.
(i) Grant applicants failing to receive an award due to funding limitations may revise the grant request according to recommendations of the Development Office and board, and resubmit a grant application along with a letter of request for reconsideration in accordance with deadlines established by the Development Office.

§5B-2I-8. Eligible expenditures of grant funds; agreement for use of funds.

(a) A community may use grant funds for the following: Cost of improvements, repairs, and renovations, costs of all lands, water areas, property rights and easements, financing charges, interest prior to and during construction cost of architectural, engineering, legal, planning and financial or other consulting services, plans, site assessments, site remediation costs, specifications and surveys, estimates of costs and any other expenses necessary or incident to determining the feasibility or practicability of any project, together with other costs and expenses as may be necessary or incidental to the financing and the construction or acquisition of the creative community development or enhancement or completing the development or enhancement.
(b) Notwithstanding the provisions of subsection (a) of this subsection, the board may limit the expenditures of any proposed grant in approving or modifying an application. The board may direct the Development Office to place requirements on the use of grant funds as part of any creative communities development project agreement entered into pursuant to section nine of this article.
§5B-2I-9. Creative communities development project agreement.
The grant shall be finalized upon the entry of an agreement between the Development Office and the applicant. The agreement shall include, but is not limited to, the following:
(1) A statement that the information provided within the application is true and correct, and that the applicant has read and understands this article;
(2) The grant amount;
(3) A promise by the applicant and partner organizations that no in-kind services have been used to match any portion of the grant;
(4) A commitment of the applicant to submit proper invoices in a timely fashion for authorized expenses;
(5) A promise by the applicant not to assign or transfer any of the rights, duties or obligations of the applicant without the written consent of the Development Office;
(6) A promise by the applicant not to amend the grant without the written consent of the Development Office;
(7) A commitment that the project must be completed by the ending project date, unless a written request for an extension is submitted no later than thirty days prior to the ending project date;
(8) A commitment that the community will provide an annual report to the Development Office detailing project status including the percentage of the project that is complete and the number of jobs created by the project; and
(9) Any other condition required by the board as a condition of the approval of any authorized grant.
§5B-2I-10. Material changes to project after grant award.
If the community desires to make material changes to the project, the applicant shall notify the Development Office prior to the project change. The Development Office shall review the proposed modification and determine whether the project should continue to receive funds within established grant levels pursuant to the grant award. The Development Office may refuse to reimburse any costs expended pursuant to a material change without the prior notification and approval of the modification by the Development Office. If the Development Office determines that the modification to the project is not subject to reimbursement, the community may apply to the board for a modification to the exiting grant.
§5B-2I-11. Audit and compliance.
(a) The Development Office may review, including audit an applicant's or a partner organization's records, including financial statements and supporting records, relating to any approved project. Records, including financial statements and supporting records, must be retained by the applicant and all partners for a minimum of three years after the completion of the project.
(b) The Development Office may terminate any project agreement upon discovery of any violation of the terms of the agreement, state, or federal law by the applicant or partner organizations.

§5B-2I-12. Review of creative communities development pilot program.

On or before July 1, 2016, the Joint Committee on Government and Finance shall conduct a performance review on the pilot program.;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-2H-6 and §5b-2H-7; and by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11 and §5B-2I-12, all to read as follows:.
The bill (Eng. Com. Sub. for H. B. No. 2096), as amended, was then ordered to third reading.
Senator Unger moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Beach, Browning, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--26.
The nays were: Barnes, Boley, Chafin, K. Facemyer, Hall, Nohe and Sypolt--7.
Absent: Tomblin (Mr. President)--1.
So, less than four fifths of the members present and voting having voted in the affirmative, the Acting President declared the motion to suspend the constitutional rejected.
Eng. Com. Sub. for House Bill No. 2958, Allowing the West Virginia Racing Commission to use certain permit and registration fees to pay salaries and other budgeted expenses.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
On motion of Senator Unger, 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2958) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--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. 2958) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report, to take effect July 1, 2011, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2464, Adding additional requirements to the Ethics Act.
Whereupon, Senator Palumbo, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2464, Adding additional requirements to the Ethics Act.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2464 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting section, and agree to the same as follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.

§6B-2-6. Financial disclosure statement; filing requirements.
(a) The requirements for filing a financial disclosure statement shall become initially effective on the first day of February, one thousand nine hundred ninety, for all persons holding public office or employment on that date and who are otherwise required to file such statement under the provisions of this section. The initial financial disclosure statement shall cover the period from the first day of July, one thousand nine hundred eighty-nine, for the period ending the thirty-first day of January, one thousand nine hundred ninety. Thereafter, the The Financial disclosure statement shall be filed on the first day of February of each calendar year to cover the period of the preceding calendar year, except insofar as may be otherwise provided herein. The following persons must file the financial disclosure statement required by this section with the Ethics Commission:
(1) All elected officials in this state, including, but not limited to, all persons elected statewide, all county elected officials, municipal elected officials in municipalities which have, by ordinance, opted to be covered by the disclosure provisions of this section, all members of the several county or district boards of education and all county or district school board superintendents;
(2) All members of state boards, commissions and agencies appointed by the governor; and
(3) Secretaries of departments, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads.
A person who is required to file a financial disclosure statement under this section by virtue of becoming an elected or appointed public official whose office is described in subdivision (1), (2) or (3) of this subsection, and who assumes the office less than ten days before a filing date established herein or who assumes the office after the filing date, shall file a financial disclosure statement for the previous twelve months no later than thirty days after the date on which the person assumes the duties of the office, unless the person has filed a financial disclosure statement with the commission during the twelve-month period before he or she assumed office.
(b) A candidate for public office shall file a financial disclosure statement for the previous calendar year with the state Ethics Commission no later than ten days after he or she files a certificate of candidacy, but in all circumstances, not later than ten days prior to the election, unless he or she has filed a financial disclosure statement with the state Ethics Commission during the previous calendar year.
The Ethics Commission shall file a duplicate copy of the financial disclosure statement required in this section in the following offices within ten days of the receipt of the candidate's statement of disclosure:
(1) Municipal candidates in municipalities which have opted, by ordinance, to be covered by the disclosure provisions of this section, in the office of the clerk of the municipality in which the candidate is seeking office;
(2) Legislative candidates in single county districts and candidates for a county office or county school board in the office of the clerk of the county commission of the county in which the candidate is seeking office;
(3) Legislative candidates from multi-county districts and congressional candidates in the office of the clerk of the county commission of the county of the candidate's residence.
After a ninety-day period following any election, the clerks who receive the financial disclosure statements of candidates may destroy or dispose of those statements filed by candidates who were unsuccessful in the election.
(c) No candidate for public office may maintain his or her place on a ballot and no public official may take the oath of office or enter or continue upon his or her duties or receive compensation from public funds unless he or she has filed a financial disclosure statement with the state Ethics Commission as required by the provisions of this section.
(d) The ~~state~~ Ethics Commission may, upon request of any person required to file a financial disclosure statement, and for good cause shown, extend the deadline for filing such statement for a reasonable period of time: Provided, That no extension of time shall be granted to a candidate who has not filed a financial disclosure statement for the preceding filing period.
(e) No person shall fail to file a statement required by this section.
(f) No person shall knowingly file a materially false statement that is required to be filed under this section.
(g) The Ethics Commission shall publish either on the internet or by printed document made available to the public, a list of all persons who have violated any Ethics Commission's financial disclosure statement filing deadline.
(h) The Ethics Commission shall, in addition to making all financial disclosure statements available for inspection upon request:
(1) Publish on the internet all financial disclosure statements filed by members of the Legislature and candidates for legislative office, elected members of the executive department and candidates for the offices that constitute the executive department, and members of the Supreme Court of Appeals and candidates for the Supreme Court of Appeals, commencing with those reports filed on or after January 1, 2012; and
(2) Publish on the internet all financial disclosure statements filed by any other person required to file such financial disclosure statements, as the commission determines resources are available to permit the Ethics Commission to make such publication on the internet. The commission shall redact financial disclosure statements published on the internet to exclude from publication personal information such as signatures, home addresses and mobile and home telephone numbers.;
§6B-2-7. Financial disclosure statement; contents.
(a) The financial disclosure statement required under this article shall contain the following information:
(1) The name, residential and business addresses of the person filing the statement, and of his or her spouse and all names under which the person ~~does~~ or the person's spouse, or both, do business. For purposes of this section, the word "spouse" means any individual who is legally married to and cohabits with the person filing the statement.
(2) ~~The name and address of each employer of the person~~ For each position of employment held by the person filing the statements and the person's spouse:
(A) The name of the employer;
(B) The address of the employer;
(C) The job title; and
(D) A general description of job duties.
(3) The name and address of each business in which the person filing the statement or that person's spouse has or had in the last year an interest of at least $10,000 at fair market value. ~~or five percent ownership interest, if that interest is valued at more $10,000.~~
(A) For the purposes of this subsection, business interests include, but are not limited to, an interest in:
(i) Non-publicly owned businesses;
(ii) Publicly or privately traded stocks, bonds or securities, including those held in self-directed retirement accounts; and
(iii) Commercial real estate.
(B) For the purposes of this subsection, business interests do not include mutual funds, specific holdings in mutual funds or retirement accounts.
(4) The name, address, and brief description of a nonprofit organization in which the individual or spouse is a director or officer.
~~(4)~~ (5) The identification, by category, of every source of income over $1,000, including distributions from retirement accounts received during the preceding calendar year, in his or her own name or by any other person for his or her use or benefit, by the person filing the statement, or that person's spouse, and a brief description of the nature of the ~~services~~ income producing activities for which the income was received. This subdivision does not require a person filing the statement who derives income from a business, profession or occupation, or who's spouse derives income from a business, profession or occupation, to disclose the individual sources and items of income that constitute the gross income of that business, profession or occupation. ~~nor does this subdivision require a person filing the statement to report the source or amount of income derived by his or her spouse.~~
~~(5)~~ (6) If the person filing the statement, or that person's spouse, profited or benefitted in the year ~~prior to~~ before the date of filing from a contract for the sale of goods or services to a state, county, municipal or other local governmental agency either directly or through a partnership, corporation or association in which the person, or that person's spouse, owned or controlled more than ten percent, the person shall describe the nature of the goods or services and identify the governmental agencies which purchased the goods or services.
~~(6)~~ (7) Each interest group or category listed below doing business in this state with which the person filing the statement, did business or furnished services and from which the person filing the statement, or that person's spouse, received more than twenty percent of his or her gross income during the preceding calendar year. The groups or categories are electric utilities, gas utilities, telephone utilities, water utilities, cable television companies, interstate transportation companies, intrastate transportation companies, oil or gas retail, ~~companies,~~ wholesale, exploration, production or drilling companies, banks, savings and loan associations, loan or finance companies, manufacturing companies, surface mining companies, deep mining companies, mining equipment companies, chemical companies, insurance companies, retail companies, beer, wine or liquor companies or distributors, recreation related companies, timbering companies, hospitals or other health care providers, trade associations, professional associations, associations of public employees or public officials, counties, cities or towns, labor organizations, waste disposal companies, wholesale companies, groups or associations promoting gaming or lotteries, advertising companies, media companies, race tracks, ~~and~~ promotional companies, lobbying, economic development entities, state government, construction, information technology and legal service providers.
~~(7)~~ (8) The names of all persons, excluding that person's immediate family, parents or grandparents residing or transacting business in the state to whom the person filing the statement, owes, on the date of execution of this statement in the aggregate in his or her own name or in the name of any other person more than $5,000: Provided, That nothing herein ~~shall require~~ requires the disclosure of a mortgage on the person's primary and secondary residences or of automobile loans on automobiles maintained for the use of the person's immediate family, or of a student loan, nor ~~shall~~ does this section require the disclosure of debts which result from the ordinary conduct of the person's business, profession or occupation or of debts of the person filing the statement to any financial institution, credit card company or business, in which the person has an ownership interest: Provided, however, That the previous proviso ~~shall~~ does not exclude from disclosure loans obtained pursuant to the linked deposit program provided ~~for~~ in article one-a, chapter twelve of this code or any other loan or debt incurred which requires approval of the state or any of its political subdivisions.
~~(8)~~ (9) The names of all persons except immediate family members, parents and grandparents residing or transacting business in the state (other than a demand or savings account in a bank, savings and loan association, credit union or building and loan association or other similar depository) who owes on the date of execution of this statement more than, in the aggregate, ~~than~~ $5,000 to the person filing the statement, either in his or her own name or to any other person for his or her use or benefit. This subdivision does not require the disclosure of debts owed to the person filing the statement which debts result from the ordinary conduct of the person's business, profession or occupation or of loans made by the person filing the statement to any business in which the person has an ownership interest.
~~(9)~~ (10) The source of each gift, including those described in subdivision (2), subsection (c), section five of this article, having a value of over $100, received from a person having a direct and immediate interest in a governmental activity over which the person filing the statement has control, shall be reported by the person filing the statement when ~~such~~ the gift is given to ~~said~~ that person in his or her name or for his or her use or benefit during the preceding calendar year: Provided, That ~~effective from passage of the amendments to this section enacted during the First Extraordinary Session of the Legislature in two thousand five~~ any person filing a statement required to be filed pursuant to this section ~~on or after the first day of January, two thousand five~~ is not required to report those gifts described in subdivision (2), subsection (c), section five of this article that are otherwise required to be reported by a registered lobbyist under section four, article three of this chapter: Provided, however, That gifts received by will or by virtue of the laws of descent and distribution, or received from one's spouse, child, grandchild, parents or grandparents, or received by way of distribution from an inter vivos or testamentary trust established by the spouse or child, grandchild or by an ancestor of the person filing the statement are not required to be reported. As used in this subdivision, any series or plurality of gifts which exceeds in the aggregate the sum of $100 from the same source or donor, either directly or indirectly, and in the same calendar year ~~shall be~~ are regarded as a single gift in excess of that aggregate amount.
(11) The name of each for-profit business of which the person filing the statement, or that person's spouse, serves as a member of the board of directors or an officer, as well as a general description of the type of business.
(12) The name and business address of any child or stepchild who is eighteen years or older and employed by state, county or municipal government.
~~(10)~~ (13) The signature of the person filing the statement.
(b) Notwithstanding the provisions of subsection (a) of this section, any person serving on a board, commission or agency for which no compensation, other than expense reimbursement, is statutorily authorized, is not required to disclose the financial information relating to his or her spouse as required by subdivisions three or five of subsection (a) of this section if:
(1) His or her spouse, or a business with which he or she is associated, are not regulated by, do not have a contract with, or do not receive any grants or appropriations from, the board, the commission or agency on which the person filing the statement serves. A business with which a filer's spouse is associated means a business in which the person or an immediate family member is a director, officer, owner, employee, compensated agent, or holder of stock which constitutes five percent or more of the total outstanding stocks of any class; and,
(2) The filer executes a signed statement on a form provided by the commission verifying these facts.
ARTICLE 3. LOBBYISTS.
§6B-3-2. Registration of lobbyists.
(a) Before engaging in any lobbying activity, or within thirty days after being employed as a lobbyist, whichever occurs first, a lobbyist shall register with the Ethics Commission by filing a lobbyist registration statement. The registration statement shall contain information and be in a form prescribed by the Ethics Commission by legislative rule, including, but not limited to, the following information:
(1) The registrant's name, business address, telephone numbers and any temporary residential and business addresses and telephone numbers used or to be used by the registrant while lobbying during a legislative session;
(2) The name, address and occupation or business of the registrant's employer;
(3) A statement as to whether the registrant is employed or retained by his or her employer solely as a lobbyist or is a regular employee performing services for the employer which include, but are not limited to, lobbying;
(4) A statement as to whether the registrant is employed or retained by his or her employer under any agreement, arrangement or understanding according to which the registrant's compensation, or any portion of the registrant's compensation, is or will be contingent upon the success of his or her lobbying activity;
(5) The general subject or subjects, if known, on which the registrant will lobby or employ some other person to lobby in a manner which requires registration under this article; and
(6) An appended written authorization from each of the lobbyist's employers confirming the lobbyist's employment and the subjects on which the employer is to be represented.
(b) Any lobbyist who receives or is to receive compensation from more than one person for services as a lobbyist shall file a separate notice of representation with respect to each person compensating him or her for services performed as a lobbyist. When a lobbyist whose fee for lobbying with respect to the same subject is to be paid or contributed by more than one person, then the lobbyist may file a single statement, in which he or she shall detail the name, business address and occupation of each person paying or contributing to the fee.
(c) Whenever a change, modification or termination of the lobbyist's employment occurs, the lobbyist shall, within one week of the change, modification or termination, furnish full information regarding the change, modification or termination by filing with the Commission an amended registration statement.
(d) Each lobbyist who has registered shall file a new registration statement, revised as appropriate, on the Monday preceding the second Wednesday in January of each odd-numbered year and failure to do so terminates his or her authorization to lobby. Until the registration is renewed, the person may not engage in lobbying activities unless he or she is otherwise exempt under paragraph (B), subdivision (7), section one of this article.
(1) Members of the Legislature;
(2) Members of the Executive Department as referenced in article VII, section one of the Constitution of West Virginia;
(3) Will and pleasure professional employees of the Legislature under the direct supervision of a member of the Legislature;
(4) Will and pleasure professional employees of members of the Executive Department under the direct supervision of the Executive Department officer and who regularly, personally and substantially participates in a decision-making or advisory capacity regarding agency or department policy;
(5) Members of the Supreme Court of Appeals;
(6) Any department secretary of an executive branch department created by the provisions of section two, article one, chapter five-f of this code; and,
(7) Heads of any state departments or agencies.;
And,
That the House agree to the Senate amended title.
Respectfully submitted,
Larry W. Barker, Chair, Meshea L. Poore, Patrick Lane, Conferees on the part of the House of Delegates.
Corey Palumbo, Chair, Mark Wills, David C. Nohe, Conferees on the part of the Senate.
Senator Palumbo, Senate cochair of the committee of conference, was recognized to explain the report.
Thereafter, on motion of Senator Palumbo, the report was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2464, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2464) passed with its Senate amended title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2464) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of the Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, to take effect from passage, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2879, Providing a one-time, nonbase building, supplemental salary increase for all eligible state employees.
Whereupon, Senator Plymale, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2879, Providing a one-time, nonbase building, supplemental salary increase for all eligible state employees.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2879 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
That §18A-4-5c and §18A-4-5d of the code of West Virginia, 1931, as amended, be repealed; that §6-7-2a of said code be amended and reenacted; that §15-2-5 of said code be amended and reenacted; that §18A-4-2, §18A-4-5 and §18A-4-8a of said code be amended and reenacted; that §20-7-1c of said code be amended and reenacted; that §50-1-3 of said code be amended and reenacted; that §51-1-10a of said code be amended and reenacted; that §51-2-13 of said code be amended and reenacted; and that §51-2A-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.

§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006 and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, Division of Highways, $92,500; Commissioner, Division of Corrections, $80,000; Director, Division of Natural Resources, $75,000; Superintendent, State Police, $85,000; Commissioner, Division of Banking, $75,000; Commissioner, Division of Culture and History, $65,000; Commissioner, Alcohol Beverage Control Commission, $75,000; Commissioner, Division of Motor Vehicles, $75,000; Chairman, Health Care Authority, $80,000; members, Health Care Authority, $75,000; Director, Human Rights Commission, $55,000; Commissioner, Division of Labor, $70,000; Director, Division of Veterans' Affairs, $65,000; Chairperson, Board of Parole, $55,000; members, Board of Parole, $50,000; members, Employment Security Review Board, $17,000; and Commissioner, Bureau of Employment Programs, $75,000. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, $95,000; Transportation, $95,000: Provided, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, he or she shall be paid $120,000; Revenue, $95,000; Military Affairs and Public Safety, $95,000; Administration, $95,000; Education and the Arts, $95,000; Commerce, $95,000; and Environmental Protection, $95,000: Provided, however, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006 that exceeds $5,000 shall be paid to such officer or his or her successor beginning on July 1, 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection: Provided further, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, then the annual increments of $5,000 per fiscal year do not apply.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to July 1, 2006, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in 2006 and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, $80,000; Director, Division of Rehabilitation Services, $70,000; Director, Division of Personnel, $70,000; Executive Director, Educational Broadcasting Authority, $75,000; Secretary, Library Commission, $72,000; Director, Geological and Economic Survey, $75,000; Executive Director, Prosecuting Attorneys Institute, $70,000; Executive Director, Public Defender Services, $70,000; Commissioner, Bureau of Senior Services, $75,000; Director, State Rail Authority, $65,000; Executive Director, Women's Commission, $55,000; Director, Hospital Finance Authority, $35,000; member, Racing Commission, $12,000; Chairman, Public Service Commission, $85,000; members, Public Service Commission, $85,000; Director, Division of Forestry, $75,000; Director, Division of Juvenile Services, $80,000; and Executive Director, Regional Jail and Correctional Facility Authority, $80,000: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006 that exceeds $5,000 shall be paid to such officer or his or her successor beginning on July 1, 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection.
(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006 and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, State Tax Division, $92,500; Commissioner, Insurance Commission, $92,500; Director, Lottery Commission, $92,500; Director, Division of Homeland Security and Emergency Management, $65,000; and Adjutant General,$125,000.
(d) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-5. Career progression system; salaries; exclusion from wages and hour law, with supplemental payment; bond; leave time for members called to duty in guard or reserves.

(a) The superintendent shall establish within the West Virginia State Police a system to provide for: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant and first lieutenant; the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class or corporal; the classification of members assigned to the forensic laboratory as criminalist I-VIII; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.
(b) The superintendent may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code for the purpose of ensuring consistency, predictability and independent review of any system developed under the provisions of this section.
(c) The superintendent shall provide to each member a written manual governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation and testing of members for promotion or reclassification and the subsequent placement of any members on a promotional eligibility or reclassification recommendation list.
(d)
Beginning on July 1, 2008, through June 30, 2011, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$ 2,752.00 Mo. $ 33,024
Cadet Trooper After Training3,357.33 Mo. 40,288
Trooper Second Year41,296
Trooper Third Year41,679
Senior Trooper42,078
Trooper First Class42,684
Corporal43,290
Sergeant 47,591
First Sergeant49,742
Second Lieutenant51,892
First Lieutenant54,043
Captain56,194
Major58,344
Lieutenant Colonel60,495
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I$ 41,679
II 42,078
III42,684
IV 43,290
V47,591
VI 49,742
VII51,892
VIII 54,043
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I$ 41,679
II 42,078
III42,684
IV 43,290
V47,591
VI 49,742
VII51,892
VIII 54,043
Beginning on July 1, 2011, and continuing thereafter, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$ 2,833 Mo. $ 33,994
Cadet Trooper After Training$ 3,438 Mo. $ 41,258
Trooper Second Year42,266
Trooper Third Year42,649
Senior Trooper43,048
Trooper First Class43,654
Corporal44,260
Sergeant48,561
First Sergeant50,712
Second Lieutenant52,862
First Lieutenant55,013
Captain57,164
Major59,314
Lieutenant Colonel61,465
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I42,266
II 43,048
III43,654
IV 44,260
V48,561
VI 50,712
VII52,862
VIII55,013
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I42,266
II43,048
III43,654
IV44,260
V48,561
VI50,712
VII52,862
VIII55,013
Each member of the West Virginia State Police whose salary is fixed and specified in this annual salary schedule is entitled to the length of service increases set forth in subsection (e) of this section and supplemental pay as provided in subsection (g) of this section.
(e) Each member of the West Virginia State Police whose salary is fixed and specified pursuant to this section shall receive, and is entitled to, an increase in salary over that set forth in subsection (d) of this section for grade in rank, based on length of service, including that service served before and after the effective date of this section with the West Virginia State Police as follows: At the end of two years of service with the West Virginia State Police, the member shall receive a salary increase of $400 to be effective during his or her next year of service and a like increase at yearly intervals thereafter, with the increases to be cumulative.
(f) In applying the salary schedules set forth in this section where salary increases are provided for length of service, members of the West Virginia State Police in service at the time the schedules become effective shall be given credit for prior service and shall be paid the salaries the same length of service entitles them to receive under the provisions of this section.
(g) The Legislature finds and declares that because of the unique duties of members of the West Virginia State Police, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the West Virginia State Police are excluded from the provisions of state wage and hour law. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour law prior to this exclusion.
In lieu of any overtime pay they might otherwise have received under the wage and hour law, and in addition to their salaries and increases for length of service, members who have completed basic training and who are exempt from federal Fair Labor Standards Act guidelines may receive supplemental pay as provided in this section.
The authority of the superintendent to propose a legislative rule or amendment thereto for promulgation in accordance with article three, chapter twenty-nine-a of this code to establish the number of hours per month which constitute the standard work month for the members of the West Virginia State Police is hereby continued. The rule shall further establish, on a graduated hourly basis, the criteria for receipt of a portion or all of supplemental payment when hours are worked in excess of the standard work month. The superintendent shall certify monthly to the West Virginia State Police's payroll officer the names of those members who have worked in excess of the standard work month and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed $236 monthly. The superintendent and civilian employees of the West Virginia State Police are not eligible for any supplemental payments.
(h) Each member of the West Virginia State Police, except the superintendent and civilian employees, shall execute, before entering upon the discharge of his or her duties, a bond with security in the sum of $5,000 payable to the State of West Virginia, conditioned upon the faithful performance of his or her duties, and the bond shall be approved as to form by the Attorney General and as to sufficiency by the Governor. (i) In consideration for compensation paid by the West Virginia State Police to its members during those members' participation in the West Virginia State Police Cadet Training Program pursuant to section eight, article twenty-nine, chapter thirty of this code, the West Virginia State Police may require of its members by written agreement entered into with each of them in advance of such participation in the program that, if a member should voluntarily discontinue employment any time within one year immediately following completion of the training program, he or she shall be obligated to pay to the West Virginia State Police a pro rata portion of such compensation equal to that part of such year which the member has chosen not to remain in the employ of the West Virginia State Police.
(i) Any member of the West Virginia State Police who is called to perform active duty training or inactive duty training in the National Guard or any reserve component of the armed forces of the United States annually shall be granted, upon request, leave time not to exceed thirty calendar days for the purpose of performing the active duty training or inactive duty training and the time granted may not be deducted from any leave accumulated as a member of the West Virginia State Police.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2. State minimum salaries for teachers.
(a) Effective July 1, 2007, through June 30, 2008, each teacher shall receive the amount prescribed in the 2007-08 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
Effective July 1, 2008, through June 30, 2011, each teacher shall receive the amount prescribed in the 2008-09 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
Beginning July 1, 2011, and continuing thereafter, each teacher shall receive the amount prescribed in the 2011-12 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.

2008-09 STATE MINIMUM SALARY SCHEDULE
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
Years Exp.	4th Class	3rd Class	2nd Class		A.B. +15		M.A. +15	M.A. +30	M.A. +45	Doc- torate
				A.B.		M.A.
0	25,651	26,311	26,575	27,827	28,588	30,355	31,116	31,877	32,638	33,673
1	25,979	26,639	26,903	28,345	29,106	30,874	31,635	32,395	33,156	34,191
2	26,308	26,967	27,231	28,864	29,625	31,392	32,153	32,914	33,675	34,710
3	26,636	27,295	27,559	29,383	30,143	31,911	32,672	33,432	34,193	35,228
4	27,208	27,867	28,131	30,145	30,906	32,674	33,435	34,195	34,956	35,991
5	27,536	28,195	28,459	30,664	31,425	33,192	33,953	34,714	35,475	36,510
6	27,864	28,523	28,787	31,182	31,943	33,711	34,472	35,232	35,993	37,028
7	28,192	28,852	29,115	31,701	32,462	34,229	34,990	35,751	36,512	37,547
8	28,520	29,180	29,444	32,219	32,980	34,748	35,509	36,269	37,030	38,065
9	28,848	29,508	29,772	32,738	33,499	35,266	36,027	36,788	37,549	38,584
10	29,177	29,836	30,100	33,258	34,018	35,786	36,547	37,308	38,068	39,103
11	29,505	30,164	30,428	33,776	34,537	36,305	37,065	37,826	38,587	39,622
12	29,833	30,492	30,756	34,295	35,055	36,823	37,584	38,345	39,105	40,140
13	30,161	30,820	31,084	34,813	35,574	37,342	38,102	38,863	39,624	40,659
14	30,489	31,148	31,412	35,332	36,092	37,860	38,621	39,382	40,142	41,177
15	30,817	31,476	31,740	35,850	36,611	38,379	39,139	39,900	40,661	41,696
16	31,145	31,804	32,068	36,369	37,129	38,897	39,658	40,419	41,179	42,214
17	31,473	32,133	32,396	36,887	37,648	39,416	40,177	40,937	41,698	42,733
18	31,801	32,461	32,725	37,406	38,167	39,934	40,695	41,456	42,217	43,252
19	32,129	32,789	33,053	37,924	38,685	40,453	41,214	41,974	42,735	43,770
20	32,457	33,117	33,381	38,443	39,204	40,971	41,732	42,493	43,254	44,289
21	32,786	33,445	33,709	38,961	39,722	41,490	42,251	43,011	43,772	44,807
22	33,114	33,773	34,037	39,480	40,241	42,008	42,769	43,530	44,291	45,326
23	33,442	34,101	34,365	39,999	40,759	42,527	43,288	44,048	44,809	45,844
24	33,770	34,429	34,693	40,517	41,278	43,046	43,806	44,567	45,328	46,363
25	34,098	34,757	35,021	41,036	41,796	43,564	44,325	45,086	45,846	46,881
26	34,426	35,085	35,349	41,554	42,315	44,083	44,843	45,604	46,365	47,400
27	34,754	35,413	35,677	42,073	42,833	44,601	45,362	46,123	46,883	47,918
28	35,082	35,742	36,005	42,591	43,352	45,120	45,880	46,641	47,402	48,437
29	35,410	36,070	36,334	43,110	43,870	45,638	46,399	47,160	47,920	48,955
30	35,738	36,398	36,662	43,628	44,389	46,157	46,917	47,678	48,439	49,474
31	36,067	36,726	36,990	44,147	44,908	46,675	47,436	48,197	48,957	49,992
32	36,395	37,054	37,318	44,665	45,426	47,194	47,955	48,715	49,476	50,511
33	36,723	37,382	37,646	45,184	45,945	47,712	48,473	49,234	49,995	51,030
34	37,051	37,710	37,974	45,702	46,463	48,231	48,992	49,752	50,513	51,548
35	37,379	38,038	38,302	46,221	46,982	48,749	49,510	50,271	51,032	52,067

2011-12 STATE MINIMUM SALARY SCHEDULE

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Years	4th	3rd	2nd		A.B.		M.A.	M.A.	M.A.	Doc-
Exp.	Class	Class	Class	A.B.	+15	M.A.	+15	+30	+45	torate
0	26,917	27,606	27,872	29,315	30,076	31,843	32,604	33,365	34,126	35,161
1	27,245	27,934	28,200	29,833	30,594	32,362	33,123	33,883	34,644	35,679
2	27,574	28,262	28,528	30,352	31,113	32,880	33,641	34,402	35,163	36,198
3	27,902	28,590	28,856	30,871	31,631	33,399	34,160	34,920	35,681	36,716
4	28,474	29,162	29,428	31,633	32,394	34,162	34,923	35,683	36,444	37,479
5	28,802	29,490	29,756	32,152	32,913	34,680	35,441	36,202	36,963	37,998
6	29,130	29,818	30,084	32,670	33,431	35,199	35,960	36,720	37,481	38,516
7	29,458	30,147	30,412	33,189	33,950	35,717	36,478	37,239	38,000	39,035
8	29,786	30,475	30,741	33,707	34,468	36,236	36,997	37,757	38,518	39,553
9	30,114	30,803	31,069	34,226	34,987	36,754	37,515	38,276	39,037	40,072
10	30,443	31,131	31,397	34,746	35,506	37,274	38,035	38,796	39,556	40,591
11	30,771	31,459	31,725	35,264	36,025	37,793	38,553	39,314	40,075	41,110
12	31,099	31,787	32,053	35,783	36,543	38,311	39,072	39,833	40,593	41,628
13	31,427	32,115	32,381	36,301	37,062	38,830	39,590	40,351	41,112	42,147
14	31,755	32,443	32,709	36,820	37,580	39,348	40,109	40,870	41,630	42,665
15	32,083	32,771	33,037	37,338	38,099	39,867	40,627	41,388	42,149	43,184
16	32,411	33,099	33,365	37,857	38,617	40,385	41,146	41,907	42,667	43,702
17	32,739	33,428	33,693	38,375	39,136	40,904	41,665	42,425	43,186	44,221
18	33,067	33,756	34,022	38,894	39,655	41,422	42,183	42,944	43,705	44,740
19	33,395	34,084	34,350	39,412	40,173	41,941	42,702	43,462	44,223	45,258
20	33,723	34,412	34,678	39,931	40,692	42,459	43,220	43,981	44,742	45,777
21	34,052	34,740	35,006	40,449	41,210	42,978	43,739	44,499	45,260	46,295
22	34,380	35,068	35,334	40,968	41,729	43,496	44,257	45,018	45,779	46,814
23	34,708	35,396	35,662	41,487	42,247	44,015	44,776	45,536	46,297	47,332
24	35,036	35,724	35,990	42,005	42,766	44,534	45,294	46,055	46,816	47,851
25	35,364	36,052	36,318	42,524	43,284	45,052	45,813	46,574	47,334	48,369
26	35,692	36,380	36,646	43,042	43,803	45,571	46,331	47,092	47,853	48,888
27	36,020	36,708	36,974	43,561	44,321	46,089	46,850	47,611	48,371	49,406
28	36,348	37,037	37,302	44,079	44,840	46,608	47,368	48,129	48,890	49,925
29	36,676	37,365	37,631	44,598	45,358	47,126	47,887	48,648	49,408	50,443
30	37,004	37,693	37,959	45,116	45,877	47,645	48,405	49,166	49,927	50,962
31	37,333	38,021	38,287	45,635	46,396	48,163	48,924	49,685	50,445	51,480
32	37,661	38,349	38,615	46,153	46,914	48,682	49,443	50,203	50,964	51,999
33	37,989	38,677	38,943	46,672	47,433	49,200	49,961	50,722	51,483	52,518
34	38,317	39,005	39,271	47,190	47,951	49,719	50,480	51,240	52,001	53,036
35	38,645	39,333	39,599	47,709	48,470	50,237	50,998	51,759	52,520	53,555

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

§18A-4-5. Salary equity among the counties; state salary supplement.

(a) For the purposes of this section, salary equity among the counties means that the salary potential of school employees employed by the various districts throughout the state does not differ by greater than ten percent between those offering the highest salaries and those offering the lowest salaries. In the case of professional educators, the difference shall be calculated utilizing the average of the professional educator salary schedules, degree classifications B.A. through doctorate and the years of experience provided for in the most recent state minimum salary schedule for teachers, in effect in the five counties offering the highest salary schedules compared to the lowest salary schedule in effect among the fifty-five counties. In the case of school service personnel, the difference shall be calculated utilizing the average of the school service personnel salary schedules, pay grades "A" through "H" and the years of experience provided for in the most recent state minimum pay scale pay grade for service personnel, in effect in the five counties offering the highest salary schedules compared to the lowest salary schedule in effect among the fifty- five counties. Effective July 1, 2013, for both professional educators and school service personnel, the differences shall be calculated as otherwise required by this subsection except that the ten counties offering the highest salary schedules shall be compared to the lowest salary schedule in effect among the fifty-five counties.
(b) To assist the state in meeting its objective of salary equity among the counties, as defined in subsection (a) of this section, on and after July 1, 1984, subject to available state appropriations and the conditions set forth herein, each teacher and school service personnel shall receive a supplemental amount in addition to the amount from the state minimum salary schedules provided for in this article.
(c) State funds for this purpose shall be paid within the West Virginia public school support plan in accordance with article nine- a, chapter eighteen of this code. The amount allocated for salary equity shall be apportioned between teachers and school service personnel in direct proportion to that amount necessary to support the professional salaries and service personnel salaries statewide under sections four, five and eight, article nine-a, chapter eighteen of this code.
(d) Pursuant to this section, each teacher and school service personnel shall receive the amount indicated on the applicable State Equity Supplement Schedule or Pay Scale for 2010-11, maintained by the West Virginia Department of Education, reduced by any amount provided by the county as a salary supplement for teachers and school service personnel on January 1, 1984: Provided, That effective July 1, 2011, the amounts indicated on the State Equity Supplement Pay Scale for service personnel is increased by $37 across-the-board.
(e) The amount received pursuant to this section shall not be decreased as a result of any county supplement increase instituted after January 1, 1984: Provided, That any amount received pursuant to this section may be reduced proportionately based upon the amount of funds appropriated for this purpose. No county may reduce any salary supplement that was in effect on January 1, 1984, except as permitted by sections five-a and five-b of this article.
(f) During its 2011 interim meetings, the Legislative Oversight Commission on Education Accountability shall conduct a study on whether a recommendation should be made to the Legislature for establishing the State Equity Supplement Schedule and the State Equity Supplement Pay Scale in statute.
§18A-4-8a. Service personnel minimum monthly salaries.
(a) The minimum monthly pay for each service employee shall be as follows:
(1) Effective July 1, 2010, through June 30, 2011, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the 2010-2011 State Minimum Pay Scale Pay Grade and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the 2010-2011 State Minimum Pay Scale Pay Grade set forth in this subdivision.
Beginning July 1, 2011, and continuing thereafter, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the 2011-2012 State Minimum Pay Scale Pay Grade and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the 2011-2012 State Minimum Pay Scale Pay Grade set forth in this section subdivision.

2010-2011 STATE MINIMUM PAY SCALE PAY GRADE
Years
Exp.	Pay Grade
	A	B	C	D	E	F	G	H
0	1,577	1,598	1,639	1,691	1,743	1,805	1,836	1,908
1	1,609	1,630	1,671	1,723	1,775	1,837	1,868	1,940
2	1,641	1,662	1,703	1,755	1,807	1,869	1,900	1,972
3	1,673	1,694	1,735	1,787	1,839	1,901	1,932	2,004
4	1,705	1,726	1,767	1,819	1,871	1,933	1,964	2,037
5	1,737	1,758	1,799	1,851	1,903	1,965	1,996	2,069
6	1,769	1,790	1,832	1,883	1,935	1,997	2,028	2,101
7	1,802	1,822	1,864	1,915	1,967	2,029	2,060	2,133
8	1,834	1,854	1,896	1,947	1,999	2,061	2,092	2,165
9	1,866	1,886	1,928	1,980	2,031	2,093	2,124	2,197
10	1,898	1,919	1,960	2,012	2,063	2,126	2,157	2,229
11	1,930	1,951	1,992	2,044	2,095	2,158	2,189	2,261
12	1,962	1,983	2,024	2,076	2,128	2,190	2,221	2,293
13	1,994	2,015	2,056	2,108	2,160	2,222	2,253	2,325
14	2,026	2,047	2,088	2,140	2,192	2,254	2,285	2,357
15	2,058	2,079	2,120	2,172	2,224	2,286	2,317	2,389
16	2,090	2,111	2,152	2,204	2,256	2,318	2,349	2,422
17	2,122	2,143	2,185	2,236	2,288	2,350	2,381	2,454
18	2,154	2,175	2,217	2,268	2,320	2,382	2,413	2,486
19	2,187	2,207	2,249	2,300	2,352	2,414	2,445	2,518
20	2,219	2,239	2,281	2,333	2,384	2,446	2,477	2,550
21	2,251	2,271	2,313	2,365	2,416	2,478	2,509	2,582
22	2,283	2,304	2,345	2,397	2,448	2,511	2,542	2,614
23	2,315	2,336	2,377	2,429	2,481	2,543	2,574	2,646
24	2,347	2,368	2,409	2,461	2,513	2,575	2,606	2,678
25	2,379	2,400	2,441	2,493	2,545	2,607	2,638	2,710
26	2,411	2,432	2,473	2,525	2,577	2,639	2,670	2,742
27	2,443	2,464	2,505	2,557	2,609	2,671	2,702	2,774
28	2,475	2,496	2,537	2,589	2,641	2,703	2,734	2,807
29	2,507	2,528	2,570	2,621	2,673	2,735	2,766	2,839
30	2,540	2,560	2,602	2,653	2,705	2,767	2,798	2,871
31	2,572	2,592	2,634	2,685	2,737	2,799	2,830	2,903
32	2,604	2,624	2,666	2,718	2,769	2,831	2,862	2,935
33	2,636	2,656	2,698	2,750	2,801	2,863	2,895	2,967
34	2,668	2,689	2,730	2,782	2,833	2,896	2,927	2,999
35	2,700	2,721	2,762	2,814	2,866	2,928	2,959	3,031
36	2,732	2,753	2,794	2,846	2,898	2,960	2,991	3,063
37	2,764	2,785	2,826	2,878	2,930	2,992	3,023	3,095
38	2,796	2,817	2,858	2,910	2,962	3,024	3,055	3,127
39	2,828	2,849	2,890	2,942	2,994	3,056	3,087	3,159
40	2,860	2,881	2,922	2,974	3,026	3,088	3,119	3,192

2011-2012 STATE MINIMUM PAY SCALE PAY GRADE
Years
Exp.	Pay Grade
	A	B	C	D	E	F	G	H
0	1,627	1,648	1,689	1,741	1,793	1,855	1,886	1,958
1	1,659	1,680	1,721	1,773	1,825	1,887	1,918	1,990
2	1,691	1,712	1,753	1,805	1,857	1,919	1,950	2,022
3	1,723	1,744	1,785	1,837	1,889	1,951	1,982	2,054
4	1,755	1,776	1,817	1,869	1,921	1,983	2,014	2,087
5	1,787	1,808	1,849	1,901	1,953	2,015	2,046	2,119
6	1,819	1,840	1,882	1,933	1,985	2,047	2,078	2,151
7	1,852	1,872	1,914	1,965	2,017	2,079	2,110	2,183
8	1,884	1,904	1,946	1,997	2,049	2,111	2,142	2,215
9	1,916	1,936	1,978	2,030	2,081	2,143	2,174	2,247
10	1,948	1,969	2,010	2,062	2,113	2,176	2,207	2,279
11	1,980	2,001	2,042	2,094	2,145	2,208	2,239	2,311
12	2,012	2,033	2,074	2,126	2,178	2,240	2,271	2,343
13	2,044	2,065	2,106	2,158	2,210	2,272	2,303	2,375
14	2,076	2,097	2,138	2,190	2,242	2,304	2,335	2,407
15	2,108	2,129	2,170	2,222	2,274	2,336	2,367	2,439
16	2,140	2,161	2,202	2,254	2,306	2,368	2,399	2,472
17	2,172	2,193	2,235	2,286	2,338	2,400	2,431	2,504
18	2,204	2,225	2,267	2,318	2,370	2,432	2,463	2,536
19	2,237	2,257	2,299	2,350	2,402	2,464	2,495	2,568
20	2,269	2,289	2,331	2,383	2,434	2,496	2,527	2,601
21	2,301	2,321	2,363	2,415	2,466	2,528	2,559	2,634
22	2,333	2,354	2,395	2,447	2,498	2,561	2,593	2,666
23	2,365	2,386	2,427	2,479	2,531	2,594	2,625	2,699
24	2,397	2,418	2,459	2,511	2,563	2,627	2,658	2,732
25	2,429	2,450	2,491	2,543	2,596	2,659	2,691	2,764
26	2,461	2,482	2,523	2,576	2,629	2,692	2,723	2,797
27	2,493	2,514	2,555	2,608	2,661	2,724	2,756	2,829
28	2,525	2,546	2,588	2,641	2,694	2,757	2,789	2,863
29	2,557	2,579	2,621	2,673	2,726	2,790	2,821	2,896
30	2,591	2,611	2,654	2,706	2,759	2,822	2,854	2,928
31	2,623	2,644	2,687	2,739	2,792	2,855	2,887	2,961
32	2,656	2,676	2,719	2,772	2,824	2,888	2,919	2,994
33	2,689	2,709	2,752	2,805	2,857	2,920	2,953	3,026
34	2,721	2,743	2,785	2,838	2,890	2,954	2,986	3,059
35	2,754	2,775	2,817	2,870	2,923	2,987	3,018	3,092
36	2,787	2,808	2,850	2,903	2,956	3,019	3,051	3,124
37	2,819	2,841	2,883	2,936	2,989	3,052	3,083	3,157
38	2,852	2,873	2,915	2,968	3,021	3,084	3,116	3,190
39	2,885	2,906	2,948	3,001	3,054	3,117	3,149	3,222
40	2,917	2,939	2,980	3,033	3,087	3,150	3,181	3,256

(2) Each service employee shall receive the amount prescribed in the Minimum Pay Scale in accordance with the provisions of this subsection according to their class title and pay grade as set forth in this subdivision:
CLASS TITLE

PAY GRADE

Accountant ID
Accountant IIE
Accountant IIIF
Accounts Payable SupervisorG
Aide IA
Aide IIB
Aide IIIC
Aide IVD
Audiovisual TechnicianC
AuditorG
Autism MentorF
Braille or Sign Language SpecialistE
Bus OperatorD
BuyerF
CabinetmakerG
Cafeteria ManagerD
Carpenter IE
Carpenter IIF
Chief MechanicG
Clerk IB
Clerk IIC
Computer OperatorE
Cook IA
Cook IIB
Cook IIIC
Crew LeaderF
Custodian IA
Custodian IIB
Custodian IIIC
Custodian IVD
Director or Coordinator of ServicesH
DraftsmanD
Electrician IF
Electrician IIG
Electronic Technician IF
Electronic Technician IIG
Executive SecretaryG
Food Services SupervisorG
ForemanG
General MaintenanceC
GlazierD
Graphic ArtistD
GroundsmanB
HandymanB
Heating and Air Conditioning Mechanic IE
Heating and Air Conditioning Mechanic IIG
Heavy Equipment OperatorE
Inventory SupervisorD
Key Punch OperatorB
Licensed Practical NurseF
LocksmithG
Lubrication ManC
MachinistF
Mail ClerkD
Maintenance ClerkC
MasonG
MechanicF
Mechanic AssistantE
Office Equipment Repairman IF
Office Equipment Repairman IIG
PainterE
ParaprofessionalF
Payroll SupervisorG
Plumber IE
Plumber IIG
Printing OperatorB
Printing SupervisorD
ProgrammerH
Roofing/Sheet Metal MechanicF
Sanitation Plant OperatorG
School Bus SupervisorE
Secretary ID
Secretary IIE
Secretary IIIF
Supervisor of MaintenanceH
Supervisor of TransportationH
Switchboard Operator-ReceptionistD
Truck DriverD
Warehouse ClerkC
WatchmanB
WelderF
WVEIS Data Entry and Administrative ClerkB
(b) An additional $12 per month shall be added to the minimum monthly pay of each service employee who holds a high school diploma or its equivalent.
(c) An additional $11 per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(2) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(3) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(4) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(5) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(6) A service employee who holds seventy-two college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(7) A service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(8) A service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(9) A service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(10) A service employee who holds one hundred twenty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(d) An additional $40 per month also shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds an associate's degree;
(2) A service employee who holds a bachelor's degree;
(3) A service employee who holds a master's degree;
(4) A service employee who holds a doctorate degree.
(e) An additional $11 per month shall be added to the minimum monthly pay of each service employee for each of the following:
(1) A service employee who holds a bachelor's degree plus fifteen college hours;
(2) A service employee who holds a master's degree plus fifteen college hours;
(3) A service employee who holds a master's degree plus thirty college hours;
(4) A service employee who holds a master's degree plus forty-five college hours; and
(5) A service employee who holds a master's degree plus sixty college hours.
(f) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. the following day, the employee shall be paid no less than an additional $10 per month and one half of the pay shall be paid with local funds.
(g) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times the employee's usual hourly rate.
(h) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid shall be paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds.
(i) No service employee may have his or her daily work schedule changed during the school year without the employee's written consent and the employee's required daily work hours may not be changed to prevent the payment of time and one-half wages or the employment of another employee.
(j) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be used if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county: Provided, however, That the vote shall be by secret ballot if requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full-day salary basis.
(k) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be their regular total daily rate of pay and no less than an additional $3 per hour or no less than $5 per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county, the daily rate of pay shall be no less than the minimum amount as established in the employee's regular employment county for asbestos removal and an additional $30 per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel employees may be used in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(l) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certified professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever supervision is required. For purposes of this section, "under the direct supervision of certified professional personnel" means that certified professional personnel is present, with and accompanying the aide.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-1c. Natural resources police officer, ranks, salary schedule, base pay, exceptions.

(a) Notwithstanding any provision of this code to the contrary, the ranks within the law-enforcement section of the Division of Natural Resources are colonel, lieutenant colonel, major, captain, lieutenant, sergeant, corporal, natural resources police officer first class, senior natural resources police officer, natural resources police officer and natural resources police officer-in-training. Each officer while in uniform shall wear the insignia of rank as provided by the chief natural resources police officer.
(b) Beginning on July 1, 2002, through June 30, 2011, natural resources police officers shall be paid the minimum annual salaries based on the following schedule:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Natural Resources Police Officer In Training
(first year until end of probation)$26,337
Natural Resources Police Officer
(second year)$29,768
Natural Resources Police Officer
(third year)$30,140
Senior Natural Resources Police Officer
(fourth and fifth year)$30,440
Senior Natural Resources Police Officer First Class
(after fifth year)$32,528
Senior Natural Resources Police Officer
(after tenth year)$33,104
Senior Natural Resources Police Officer
(after fifteenth year)$33,528
Corporal (after sixteenth year)$36,704
Sergeant$40,880
First Sergeant$42,968
Lieutenant$47,144
Captain$49,232
Major$51,320
Lieutenant Colonel$53,408
Colonel
Beginning July 1, 2011, and continuing thereafter, natural resources police officers shall be paid the minimum annual salaries based on the following schedule:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Natural Resources Police Officer In Training
(first year until end of probation)$31,222
Natural Resources Police Officer
(second year)$34,881
Natural Resources Police Officer
(third year)$35,277
Senior Natural Resources Police Officer
(fourth and fifth year)$35,601
Senior Natural Resources Police Officer First Class
(after fifth year)$37,797
Senior Natural Resources Police Officer
(after tenth year)$38,397
Senior Natural Resources Police Officer
(after fifteenth year)$38,833
Corporal (after sixteenth year)$42,105
Sergeant$46,401
First Sergeant$48,549
Lieutenant$52,857
Captain$55,005
Major$57,153
Lieutenant Colonel$59,301
Colonel
Natural resources police officers in service at the time the amendment to this section becomes effective shall be given credit for prior service and shall be paid salaries the same length of service entitles them to receive under the provisions of this section.
(c) This section does not apply to special or emergency natural resources police officers appointed under the authority of section one of this article.
(d) Nothing in this section prohibits other pay increases as provided under section two, article five, chapter five of this code: Provided, That any across-the-board pay increase granted by the Legislature or the Governor will be added to, and reflected in, the minimum salaries set forth in this section; and that any merit increases granted to an officer over and above the annual salary schedule listed in subsection (b) of this section are retained by an officer when he or she advances from one rank to another: Provided, however, That any natural resources police officer who receives an increase in compensation pursuant to the amendment and reenactment of this section in 2011 shall not receive any across- the-board pay increase granted by the Legislature or the Governor in 2011.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-3. Salaries of magistrates.
(a) The Legislature finds and declares that:
(1) The West Virginia Supreme Court of Appeals has held that a salary system for magistrates which is based upon the population that each magistrate serves does not violate the equal protection clause of the Constitution of the United States;
(2) The West Virginia Supreme Court of Appeals has held that a salary system for magistrates which is based upon the population that each magistrate serves does not violate section thirty-nine, article VI of the Constitution of West Virginia;
(3) The utilization of a two-tiered salary schedule for magistrates is an equitable and rational manner by which magistrates should be compensated for work performed;
(4) Organizing the two tiers of the salary schedule into one tier for magistrates serving less than eight thousand four hundred in population and the second tier for magistrates serving eight thousand four hundred or more in population is rational and equitable given current statistical information relating to population and caseload; and
(5) That all magistrates who fall under the same tier should be compensated equally.
(b) The salary of each magistrate shall be paid by the state. Magistrates who serve fewer than eight thousand four hundred in population shall be paid annual salaries of thirty thousand six hundred twenty-five dollars and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of thirty-seven thousand dollars: Provided, That on and after the first day of July, two thousand three, magistrates who serve fewer than eight thousand four hundred in population shall be paid annual salaries of thirty-three thousand six hundred twenty-five dollars and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of forty thousand dollars: Provided, however, That on and after the first day of July, two thousand five, magistrates who serve fewer than eight thousand four hundred in population shall be paid annual salaries of forty-three thousand six hundred twenty-five dollars and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of fifty thousand dollars: Provided further, That on and after the first day of July, 2011, magistrates who serve fewer than eight thousand four hundred in population shall be paid annual salaries of $51,125 and magistrates who serve eight thousand four hundred or more in population shall be paid annual salaries of $57,500.
(c) For the purpose of determining the population served by each magistrate, the number of magistrates authorized for each county shall be divided into the population of each county. For the purpose of this article, the population of each county is the population as determined by the last preceding decennial census taken under the authority of the United States government.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-10a. Salary of justices.
The salary of each of the justices of the Supreme Court of Appeals shall be $95,000 per year: Provided, That beginning July, 1, 2005, the salary of each of the justices of the Supreme Court shall be $121,000: Provided, however, That beginning July 1, 2011, the annual salary of a justice of the Supreme Court shall be $136,000.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-13. Salaries of judges of circuit courts.
The salaries of the judges of the various circuit courts shall be paid solely out of the State Treasury. No county, county commission, board of commissioners or other political subdivision shall supplement or add to such salaries.
The annual salary of all circuit judges shall be $90,000 per year: Provided, That beginning July 1,2005, the annual salary of all circuit judges shall be $116,000 per year: Provided, however, That beginning July 1, 2011, the annual salary of a circuit court judge shall be $126,000.
ARTICLE 2A. FAMILY COURTS.

§51-2A-6. Compensation and expenses of family court judges and their staffs.

(a) A family court judge is entitled to receive as compensation for his or her services an annual salary of $62,500: Provided, That beginning July 1, 2005, a family court judge is entitled to receive as compensation for his or her services an annual salary of $82,500: Provided, however, That beginning July 1, 2011, the annual salary of a family court judge shall be $94,500.
(b) The secretary-clerk of the family court judge is appointed by the family court judge and serves at his or her will and pleasure. The secretary-clerk of the family court judge is entitled to receive an annual salary of $27,036: Provided, That on and after July 1, 2006, the annual salary of the secretary-clerk shall be established by the administrative director of the Supreme Court of Appeals, but may not exceed $35,000. In addition, any person employed as a secretary-clerk to a family court judge on the effective date of the enactment of this section during the sixth extraordinary session of the Legislature in the year 2001 who is receiving an additional $500 per year up to ten years of a certain period of prior employment under the provisions of the prior enactment of section eight of this article during the second extraordinary session of the Legislature in the year 1999 shall continue to receive such additional amount. Further, the secretary-clerk will receive such percentage or proportional salary increases as may be provided by general law for other public employees and is entitled to receive the annual incremental salary increase as provided in article five, chapter five of this code.
(c) The family court judge may employ not more than one family case coordinator who serves at his or her will and pleasure. The annual salary of the family case coordinator of the family court judge shall be established by the Administrative Director of the Supreme Court of Appeals but may not exceed $36,000: Provided, That on and after July 1, 2006, the annual salary of the family case coordinator of the family court judge may not exceed $46,060. The family case coordinator will receive such percentage or proportional salary increases as may be provided by general law for other public employees and is entitled to receive the annual incremental salary increase as provided in article five, chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as a bailiff for a family court judge. The sheriff of each county shall serve or designate persons to serve so as to assure that a bailiff is available when a family court judge determines the same is necessary for the orderly and efficient conduct of the business of the family court.
(e) Disbursement of salaries for family court judges and members of their staffs are made by or pursuant to the order of the Director of the Administrative Office of the Supreme Court of Appeals.
(f) Family court judges and members of their staffs are allowed their actual and necessary expenses incurred in the performance of their duties. The expenses and compensation will be determined and paid by the Director of the Administrative Office of the Supreme Court of Appeals under such guidelines as he or she may prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family court judges are not eligible to participate in the retirement system for judges under the provisions of article nine of this chapter.;
And,
That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:
Eng. Com. Sub. for House Bill No. 2879--A Bill to repeal §18A- 4-5c and §18A-4-5d of the Code of West Virginia, 1931, as amended; to amend and reenact §6-7-2a of said code; to amend and reenact §15-2-5 of said code; to amend and reenact §18A-4-2, §18A-4-5 and §18A-4-8a of said code; to amend and reenact §20-7-1c of said code; to amend and reenact §50-1-3 of said code; to amend and reenact §51- 1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating generally to increasing compensation for certain public officials and public employees.
Respectfully submitted,
Thomas W. Campbell, Chair, Mary M. Poling, Barbara Evans Fleischauer, Bill Anderson, Jr. (Did not sign), John N. Ellem (Did not sign), Conferees on the part of the House of Delegates.
Robert H. Plymale, Chair, Erik P. Wells, Douglas E. Facemire, Larry J. Edgell, Donna J. Boley, Conferees on the part of the Senate.
Senator Plymale Senate cochair of the committee of conference, was recognized to explain the report.
Thereafter, on motion of Senator Plymale, the report was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2879, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Barnes, Boley, K. Facemyer, Hall, Nohe and Sypolt--6.
Absent: Tomblin (Mr. President)--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. 2879) passed with its conference amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Barnes, Boley, K. Facemyer, Hall, Nohe and Sypolt--6.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2879) takes effect from passage.
Ordered, That The Clerk communicate to the House of the Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2362, Increasing penalties for financial exploitation of an elderly person or incapacitated adult.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Caputo, Barker and Ellem.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2663, Relating to public service commissioners presiding at hearings.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Frazier, Moore and C. Miller.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2745, Providing that certain information provided by insurance companies to the Insurance Commissioner is confidential.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Michael, Poore and Ireland.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2757, Providing for evaluation of professional personnel in the public schools.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Perry, Shaver and Duke.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Unger, the Senate recessed until 5:30 p.m. today.
At the expiration of the recess, the Senate reconvened and, at the request of Senator Unger, unanimous consent being granted, returned to the second order of business and the introduction of guests.
At the request of Senator Unger, 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 Sophia Tacozzo, granddaughter of The Honorable Jack Yost, a senator from the first district, privileges of the floor for the day.
The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Unger, the Senate requested the return from the House of Delegates of
Eng. Senate Bill No. 608, Increasing fees for services and documents issued by DMV.
Passed by the Senate in earlier proceedings today,
The bill now being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered the vote as to the passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Unger, the Senate reconsidered its action by which it adopted Senator Unger's motion that the Senate concur in the House of Delegates amendments, as amended, to the bill(shown in the Senate Journal of today, pages \ through \, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's motion that the Senate concur in the House of Delegates amendments, as amended, to the bill (Eng. S. B. No. 608).
Thereafter, at the request of Senator Unger, and by unanimous consent, his foregoing motion was withdrawn.
On motion of Senator Unger, the Senate reconsidered its action by which it adopted Senator Beach's amendments to the House of Delegates amendments to the bill (shown in the Senate Journal of today, pages \ through \, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Beach's amendments to the House of Delegates amendments to the bill.
Thereafter, at the request of Senator Beach, unanimous consent being granted, Senator Beach's amendments to the House of Delegates amendments to the bill were withdrawn.
On motion of Unger, the Senate concurred in the House of Delegates amendments to the bill (shown in the Senate Journal of today, pages \ through \, inclusive).
Engrossed Senate Bill No. 608, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--26.
The nays were: Barnes, Boley, Chafin, Fanning, Helmick, Nohe and Sypolt--7.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 608) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Unger, unanimous consent being granted, 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 6:27 p.m. today:
Eng. Com. Sub. for House Bill No. 2362, Increasing penalties for financial exploitation of an elderly person or incapacitated adult.
The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Unger, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2955, Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators.
Passed by the Senate in earlier proceedings today,
The bill now being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered its action by which it adopted the Finance committee amendment to the title of the bill (shown in the Senate Journal of today, page \).
The vote thereon having been considered,
The question again being on the adoption of the Finance committee amendment to the title of the bill (Eng. Com. Sub. for H. B. No. 2955).
Thereafter, at the request of Senator Prezioso, as chair of the Committee on Finance, and by unanimous consent, the Finance committee amendment to the title of the bill was withdrawn.
On motion of Senator Unger, the Senate reconsidered the vote as to the passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Unger, the Senate reconsidered its action by which it adopted the Finance committee amendments to the bill (shown in the Senate Journal of today pages \ through \, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of the Finance committee amendments to Engrossed Committee Substitute for House Bill No. 2955.
Thereafter, at the request of Senator Prezioso, as chair of the Committee on Finance, and by unanimous consent, the Finance committee amendments to the bill were withdrawn.
On motion of Senator Green, the following amendments to the bill (Eng. Com. Sub. for H. B. No. 2955) were reported by the Clerk, considered simultaneously, and adopted:
After the enacting section, by inserting a new article, designated article thirteen-bb, to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 13BB. WEST VIRGINIA INNOVATIVE MINE SAFETY TECHNOLOGY TAX CREDIT ACT.

§11-13BB-1. Short title.
This article may be cited as the "West Virginia Innovative Mine Safety Technology Tax Credit Act".
§11-13BB-2. Legislative findings and purpose.
The Legislature finds that the encouragement of new investment in innovative coal mine safety technology in this state is in the public interest and promotes the general welfare of the people of this state.
§11-13BB-3. Definitions.
(a) Any term used in this article has the meaning ascribed by this section, unless a different meaning is clearly required by the context of its use or by definition in this article.
(b) For purposes of this article, the term:
(1) "Certified eligible safety property" means eligible safety property in which an eligible taxpayer has made qualified investment for which credit has been certified under this article.
(2) "Coal mining company" means:
(A) Any person subject to tax imposed on the severance of coal by section three, article thirteen-a of this chapter; or
(B) Any person working as a contract miner of coal, which mines coal in this state, under contract with a person subject to tax imposed on the severance of coal by section three, article thirteen- a of this chapter.
(3) "Director" means the Director of the Office of Miners' Health, Safety and Training or West Virginia Office of Miners' Health, Safety and Training established under article one, chapter twenty two-a of this code.
(4) "Eligible safety property" means safety technology equipment, that at the time of acquisition, is on the list of approved innovative mine safety technology.
(5) "Eligible taxpayer" means a coal mining company which purchases eligible safety property.
(6) "List of approved innovative mine safety technology" means the list required to be compiled and maintained by the Mine Safety Technology Task Force and approved and published by the director under this article.
(7) "Office of Miners' Health, Safety and Training" or "West Virginia Office of Miners' Health, Safety and Training" means the Office of Miners' Health, Safety and Training established under article one, chapter twenty two-a of this code.
(8) "Person" includes any corporation, limited liability company, or partnership.
(9) "Qualified investment" means the eligible taxpayer's investment in eligible safety property pursuant to a qualified purchase as qualified and limited by section six of this article.
(10) "Qualified purchase" means and includes only acquisitions of eligible safety property for use in this state.
(A) A lease of eligible safety property may constitute a qualified purchase if the lease was entered into and became effective at a time when the equipment is on the list of approved innovative mine safety technology, and if the primary term of the lease for the eligible safety property is five years or more. Leases having a primary term of less than five years do not qualify.
(B) "Qualified purchase" does not include:
(i) Purchases or leases of realty or any cost for, or related to, the construction of any building, facility or structure attached to realty;
(ii) Purchases or leases of any property not exclusively used in West Virginia;
(iii) Repair costs including materials used in the repair, unless for federal income tax purposes, the cost of the repair must be capitalized and not expensed;
(iv) Motor vehicles licensed by the Department of Motor Vehicles;
(v) Clothing;
(vi) Airplanes;
(vii) Off-premises transportation equipment;
(viii) Leases of tangible personal property having a primary term of less than five years shall not qualify;
(ix) Property that is used outside this state; and
(x) Property that is acquired incident to the purchase of the stock or assets of an industrial taxpayer, which property was or had been used by the seller in his or her industrial business in this state, or in which investment was previously the basis of a credit against tax taken under any other article of this chapter.
(C) Acquisitions, including leases, of eligible safety property may constitute qualified purchases for purposes of this article only if:
(i) The property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of deductions under Section 267 or 707(b) of the United States Internal Revenue Code of 1986, as amended;
(ii) The property is not acquired from a related person or by one component member of a controlled group from another component member of the same controlled group. The Tax Commissioner may waive this requirement if the property was acquired from a related party for its then fair market value; and
(iii) The basis of the property for federal income tax purposes, in the hands of the person acquiring it, is not determined, in whole or in part, by reference to the federal adjusted basis of the property in the hands of the person from whom it was acquired; or under Section 1014(e) of the United States Internal Revenue Code of 1986, as amended.
(11) "Safety technology" means depreciable tangible personal property and equipment, other than clothing, principally designed to directly minimize workplace injuries and fatalities in coal mines.
(12) "Taxpayer" means any person subject to any of the taxes imposed by article thirteen-a, twenty-three or twenty-four of this chapter.
§11-13BB-4. List of approved innovative mine safety technology.
(a) List of approved innovative mine safety technology. -- The Mine Safety Technology Task Force, established in section two, article eleven, chapter twenty-two-a of this code, shall annually compile a proposed list of approved innovative mine safety technologies as required by subsection (f), section three, article eleven, chapter twenty-two-a of this code. The list shall be transmitted to the director for approval. The director has thirty days to approve or amend the list. At the expiration of thirty days, the director shall publish the list of approved innovative mine safety technologies. The list shall describe and specifically identify safety equipment for use in West Virginia coal mines which, in the fiscal year when the equipment is added to the list, is not required by the Mine Safety and Health Administration of the United States Department of Labor or the West Virginia Office Of Miners' Health, Safety And Training or any other state or federal agency, to be used in a coal mine or on a mine site or on any other industrial site. Safety equipment shall remain on the list from year to year until the director removes it from the list. The Office of Miners' Health, Safety and Training may establish by legislative rule or interpretive rule a shorter time period for issuance of and updating of the list of approved innovative mine safety technologies.
(b) It is the intent of the Legislature that the list of approved innovative mine safety technologies include only safety equipment that is depreciable tangible personal property for federal income tax purposes, which is so new to the industry and so innovative in concept, design, operation or performance that, in the fiscal year when it is added to the list of approved innovative mine safety technologies, the equipment has not yet been adopted by the Federal Mine Safety and Health Administration or the West Virginia Office of Miners Health, Safety and Training or any other state or federal agency as required equipment to be used in a coal mine or on a mine site or on any other industrial site.
(c) Delisting. -- (1) If any item of equipment or any line of equipment or class of equipment is listed on the list of approved innovative mine safety technologies in any fiscal year, but then is subsequently adopted by the federal Mine Safety and Health Administration or the West Virginia Office of Mine Safety or any other state or federal agency as required equipment to be used in a coal mine or on a mine site or on any other industrial site, the equipment shall be removed from the list of approved innovative mine safety technologies compiled and issued for the next succeeding periodic issuance thereafter of the list of approved innovative mine safety technologies.
(2) If it is determined by the director that any item of equipment or any line of equipment or class of equipment that is listed on the list of approved innovative mine safety technology has ceased to be innovative in concept, design, operation or performance, or is ineffective, or has failed to meet the expectations of the Mine Safety Technology Task Force, or has failed to prove its value in directly minimizing workplace injuries and fatalities in coal mines, the equipment shall be removed from the list of approved innovative mine safety technologies that is compiled and issued for the next succeeding periodic issuance of the list of approved innovative mine safety technologies after the determination has been reached.
(3) However, any eligible taxpayer who invested in the equipment as certified eligible safety property during the time the equipment was lawfully listed on the list of approved innovative mine safety technologies, shall not forfeit the credit authorized by this article as a result of the delisting of the equipment under either subdivision (1) or subdivision (2) of this subsection, so long as the requirements of this article are otherwise fulfilled by the taxpayer for entitlement to the credit.
§11-13BB-5. Amount of credit allowed.
(a) Credit allowed -- For tax years beginning after December 31, 2011, there is allowed to eligible taxpayers a credit against the taxes imposed by articles twenty-three and twenty-four of this chapter. The amount of credit shall be determined as provided in this section.
(b) Amount of credit allowable. -- The amount of allowable credit under this article is equal to fifty percent of the qualified investment as determined in section six of this article, and shall reduce the business franchise tax imposed under article twenty-three of this chapter and the corporation net income tax imposed under article twenty-four of this chapter, in that order, subject to the following conditions and limitations:
(1) The amount of credit allowable is applied over a five-year period, at the rate of one-fifth thereof per taxable year, beginning with the taxable year in which the eligible safety property is first placed in service or use in this state.
(2) Business franchise tax. -- The credit is applied to reduce the business franchise tax imposed under article twenty-three of this chapter determined after application of the credits against tax provided in section seventeen, article twenty-three of this chapter, but before application of any other allowable credits against tax. The amount of annual credit allowed will not reduce the business franchise tax, imposed under article twenty-three of this chapter, below fifty percent of the amount which would be imposed for the taxable year in the absence of this credit against tax.
(3) Corporation net income tax. -- After application of subdivision (2) of this subsection, any unused credit is next applied to reduce the corporation net income tax imposed under article twenty-four of this chapter determined before application of any other allowable credits against tax. The amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty-four of this chapter, below fifty percent of the amount which would be imposed for the taxable year in the absence of this credit against tax.
(4) Pass-through entities. -- (A) If the eligible taxpayer is a limited liability company, small business corporation or a partnership, then any unused credit after application of subdivisions (2) and (3) of this subsection is allowed as a credit against the taxes imposed by article twenty-four of this chapter on owners of the eligible taxpayer on the conduit income directly derived from the eligible taxpayer by its owners. Only those portions of the tax imposed by article twenty-four of this chapter that are imposed on income directly derived by the owner from the eligible taxpayer are subject to offset by this credit.
(B) The amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty-four of this chapter, below fifty percent of the amount which would be imposed on the conduit income directly derived from the eligible taxpayer by each owner for such taxable year in the absence of this credit against the taxes.
(5) Small business corporations, limited liability companies, partnerships and other unincorporated organizations shall allocate any unused credit after application of subdivisions (2) and (3) of this subsection) among their members in the same manner as profits and losses are allocated for the taxable year; and
(6) No credit is allowed under this article against any tax imposed by article twenty-one of this chapter.
(c) No carryover to a subsequent taxable year or carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance. Any unused credit is forfeited.
(d) No tax credit is allowed or may be applied under this article until the taxpayer seeking to claim the tax credit has:
(1) Filed, with the Office of Miners' Health, Safety and Training, a written application for certification of the proposed tax credit; and
(2) Received, from the Office of Miners' Health, Safety and Training, certification of the amount of tax credit to be allocated to the eligible taxpayer.
(e) No more than $2 million of the tax credits allowed under this article shall be allocated by the Office of Miners' Health, Safety and Training during any fiscal year. The Office of Miners' Health, Safety and Training shall allocate the tax credits in the order the applications therefor are received.
(f) The total amount of tax credit that may be used in any taxable year by any eligible taxpayer in combination with the owners of the eligible taxpayer under this article may not exceed $100,000.
(g) Applications for certification of the proposed tax credit shall contain such information and be in such detail and in such form as required by the Office of Miners' Health, Safety and Training.
(h) The Tax Commissioner may prescribe the forms and schedules as necessary or appropriate for effective, efficient and lawful administration of this article.
(i) Notwithstanding the provisions of section five-d, article ten of this chapter, and notwithstanding any other provision of this code, the Tax Commissioner and Office of Miners' Health, Safety and Training may exchange tax information and other information as determined by the Tax Commissioner to be useful and necessary for the effective oversight and administration of the credit authorized pursuant to this article.
§11-13BB-6. Qualified investment.
(a) General. -- The qualified investment is one hundred percent of the cost for eligible safety property pursuant to a qualified purchase, which is placed in service or use in this state by the eligible taxpayer during the tax year.
(b) Placed in service or use. -- For purposes of the credit allowed by this article, property is considered placed in service or use in the earlier of the following taxable years:
(1) The taxable year in which, under the taxpayer's depreciation practice, the period for federal income tax depreciation with respect to the property begins; or
(2) The taxable year in which the property is placed in a condition or state of readiness and availability for a specifically assigned function.
(c) Cost. -- For purposes of this article, the cost for eligible safety property pursuant to a qualified purchase is determined under the following rules:
(1) Trade-ins. -- Cost for eligible safety property will not include the value of property given in trade or exchange for eligible safety property pursuant to a qualified purchase;
(2) Damaged, destroyed or stolen property. -- If eligible safety property is damaged or destroyed by fire, flood, storm or other casualty, or is stolen, then the cost for replacement of the eligible safety property, will not include any insurance proceeds received in compensation for the loss;
(3) Rental property. -- The cost for eligible safety property acquired by lease for a term of at least five years or longer is one hundred percent of the rent reserved for the primary term of the lease, not to exceed ten years; and
(4) Property purchased for multiple use. -- Any cost of acquisition of property that is not principally and directly used to minimize workplace injuries and fatalities in a coal mine does not qualify as qualified investment for purposes of this article.
§11-13BB-7. Forfeiture of unused tax credits.
Disposition of property or cessation of use. -- If during any taxable year, property with respect to which a tax credit has been allowed under this article:
(1) Is disposed of prior to the end of the fourth tax year subsequent to the end of the tax year in which the property was placed in service or use; or
(2) Ceases to be used in a coal mine of the eligible taxpayer in this state prior to the end of the fourth tax year subsequent to the end of the tax year in which the property was placed in service or use, then the unused portion of the credit allowed for such property is forfeited for the tax year in which the disposition or cessation of use occurred and all ensuing years.

§11-13BB-8. Transfer of certified eligible safety property to successors.

(a) Mere change in form of business. -- Certified eligible safety property may not be treated as disposed of under section seven of this article, by reason of a mere change in the form of conducting the business as long as the certified eligible safety property is retained in a business in this state for use in a coal mine in West Virginia, and the taxpayer retains a controlling interest in the successor business. In this event, the successor business is allowed to claim the amount of credit still available with respect to the certified eligible safety property transferred, and the taxpayer (transferor) may not be required to forfeit the credit for the years remaining at the time of transfer in the original five year credit period.
(b) Transfer or sale to successor. -- Certified eligible safety property will not be treated as disposed of under section seven of this article by reason of any transfer or sale to a successor business which continues to use the certified eligible safety property in a coal mine in West Virginia. Upon transfer or sale, the successor shall acquire the amount of credit that remains available under this article in the original five year credit period for each subsequent taxable year, and the transferor shall not be required to forfeit the credit for subsequent years. Upon transfer or sale, the successor shall acquire the amount of credit that remains available under this article for each taxable year subsequent to the taxable year of the transferor during which the transfer occurred and, for the year of transfer, an amount of annual credit for the year in the same proportion as the number of days remaining in the transferor's taxable year bears to the total number of days in the taxable year and the transferor shall not be required to redetermine the amount of credit allowed in earlier years.
§11-13BB-9. Identification of investment credit property.
Every taxpayer who claims credit under this article shall maintain sufficient records to establish the following facts for each item of certified eligible safety property:
(1) Its identity;
(2) Its actual or reasonably determined cost;
(3) Its straight-line depreciation life;
(4) The month and taxable year in which it was placed in service;
(5) The amount of credit taken; and
(6) The date it was disposed of or otherwise ceased to be actively and directly used in a coal mine in this state.

§11-13BB-10. Failure to keep records of certified eligible safety property.

A taxpayer who does not keep the records required for certified eligible safety property and the credit authorized under this article, is subject to the following rules:
(1) A taxpayer is treated as having disposed of, during the taxable year, any certified eligible safety property which the taxpayer cannot establish was still on hand and used in a coal mine in this state at the end of that year; and
(2) If a taxpayer cannot establish when certified eligible safety property reported for purposes of claiming this credit returned during the taxable year was placed in service, the taxpayer is treated as having placed it in service in the most recent prior year in which similar property was placed in service, unless the taxpayer can establish that the property placed in service in the most recent year is still on hand and used in a coal mine in this state at the end of that year. In that event, the taxpayer will be treated as having placed the returned property in service in the next most recent year.
§11-13BB-11. Tax credit review and accountability.
(a) Beginning on August 1, 2012, and August 1 of every year thereafter, the Tax Commissioner shall submit to the Governor, the President of the Senate and the Speaker of the House of Delegates a tax credit review and accountability report evaluating the cost of the credit allowed under this article during the most recent period for which information is available. The criteria to be evaluated includes, but is not limited to, for each year:
(1) The numbers of taxpayers claiming the credit; and
(2) The cost of the credit.
(b) Taxpayers claiming the credit shall provide whatever information the Tax Commissioner requires to prepare the report: Provided, That the information is subject to the confidentiality and disclosure provisions of sections five-d and five-s, article ten of this chapter. If, in any reporting period under this section, fewer than ten eligible taxpayers have taken or applied for the credit authorized under this article, then no report shall be filed for that reporting period under this section.
§11-13BB-12. Disclosure of tax credits.
Notwithstanding section five-d, article ten of this chapter or any other provision in this code to the contrary, the Tax Commissioner shall annually publish in the State Register the name and address of every eligible taxpayer and the amount of any tax credit asserted under this article.
§11-13BB-13. Rules.
The Tax Commissioner and the Office of Miners' Health, Safety and Training may each promulgate rules in accordance with article three, chapter twenty-nine-a of this code to carry out the policy and purposes of this article, to provide any necessary clarification of the provisions of this article and to efficiently provide for the general administration of this article.
§11-13BB-14. Termination.
The tax credit authorized in this article shall terminate December 31, 2014. ;
On page fourteen, after section nineteen, by adding the following:
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.

ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; ENFORCEMENT.

§22A-1-4. Powers and duties of the Director of the Office of Miners' Health, Safety and Training.

§29-22-18d. Allocation to West Virginia Infrastructure Lottery Revenue Debt Service Fund and West Virginia Infrastructure Fund from State Excess Lottery Revenue Fund beginning July 1, 2011.

Notwithstanding any provision of subsection (d), section eighteen-a of this article to the contrary, the deposit of $40 million into the West Virginia Infrastructure Fund set forth above is for the fiscal year beginning July 1, 2010, only. For the fiscal year beginning July 1, 2011, and each fiscal year thereafter, in lieu of the deposits required under subdivision (5), subsection (d), section eighteen-a of this article, the commission shall, first, deposit $6 million into the West Virginia Infrastructure Lottery Revenue Debt Service Fund created in subsection (h), section nine, article fifteen-a, chapter thirty-one of this code, to be spent in accordance with the provisions of that subsection, and, second, deposit $40 million into the West Virginia Infrastructure Fund created in subsection (a), section nine, article fifteen-a, chapter thirty-one of this code, to be spent in accordance with the provisions of that article.
CHAPTER 31. CORPORATIONS.

ARTICLE 15A. WEST VIRGINIA INFRASTRUCTURE AND JOBS DEVELOPMENT COUNCIL.

§31-15A-9. Infrastructure fund; deposits in fund; disbursements to provide loans, loan guarantees, grants and other assistance; loans, loan guarantees, grants and other assistance shall be subject to assistance agreements; West Virginia Infrastructure Lottery Revenue Debt Service Fund; use of funds for projects.

(a) The Water Development Authority shall create and establish a special revolving fund of moneys made available by appropriation, grant, contribution or loan to be known as the "West Virginia Infrastructure Fund". This fund shall be governed, administered and accounted for by the directors, officers and managerial staff of the Water Development Authority as a special purpose account separate and distinct from any other moneys, funds or funds owned and managed by the Water Development Authority. The infrastructure fund shall consist of sub-accounts, as deemed necessary by the council or the Water Development Authority, for the deposit of: (1) Infrastructure revenues; (2) any appropriations, grants, gifts, contributions, loan proceeds or other revenues received by the infrastructure fund from any source, public or private; (3) amounts received as payments on any loans made by the Water Development Authority to pay for the cost of a project or infrastructure project; (4) insurance proceeds payable to the Water Development Authority or the infrastructure fund in connection with any infrastructure project or project; (5) all income earned on moneys held in the infrastructure fund; (6) all funds deposited in accordance with section four of article fifteen- b; and (7) all proceeds derived from the sale of bonds issued pursuant to article fifteen-b of this chapter.
Any money collected pursuant to this section shall be paid into the West Virginia infrastructure fund by the state agent or entity charged with the collection of the same, credited to the infrastructure fund, and used only for purposes set forth in this article or article fifteen-b.
Amounts in the infrastructure fund shall be segregated and administered by the Water Development Authority separate and apart from its other assets and programs. Amounts in the infrastructure fund may not be transferred to any other fund or account or used, other than indirectly, for the purposes of any other program of the Water Development Authority, except that the Water Development Authority may use funds in the infrastructure fund to reimburse itself for any administrative costs incurred by it and approved by the council in connection with any loan, loan guarantee, grant or other funding assistance made by the Water Development Authority pursuant to this article.
(b) Notwithstanding any provision of this code to the contrary, amounts in the infrastructure fund shall be deposited by the Water Development Authority in one or more banking institutions: Provided, That any moneys so deposited shall be deposited in a banking institution located in this state. The banking institution shall be selected by the Water Development Authority by competitive bid. Pending the disbursement of any money from the infrastructure fund as authorized under this section, the Water Development Authority shall invest and reinvest the moneys subject to the limitations set forth in article eighteen, chapter thirty-one of this code.
(c) To further accomplish the purposes and intent of this article and article fifteen-b of this chapter, the Water Development Authority may pledge infrastructure revenues and from time to time establish one or more restricted accounts within the infrastructure fund for the purpose of providing funds to guarantee loans for infrastructure projects or projects: Provided, That for any fiscal year the Water Development Authority may not deposit into the restricted accounts more than twenty percent of the aggregate amount of infrastructure revenues deposited into the infrastructure fund during the fiscal year. No loan guarantee shall be made pursuant to this article unless recourse under the loan guarantee is limited solely to amounts in the restricted account or accounts. No person shall have any recourse to any restricted accounts established pursuant to this subsection other than those persons to whom the loan guarantee or guarantees have been made.
(d) Each loan, loan guarantee, grant or other assistance made or provided by the Water Development Authority shall be evidenced by a loan, loan guarantee, grant or assistance agreement between the Water Development Authority and the project sponsor to which the loan, loan guarantee, grant or assistance shall be made or provided, which agreement shall include, without limitation and to the extent applicable, the following provisions:
(1) The estimated cost of the infrastructure project or project, the amount of the loan, loan guarantee or grant or the nature of the assistance, and in the case of a loan or loan guarantee, the terms of repayment and the security therefor, if any;
(2) The specific purposes for which the loan or grant proceed shall be expended or the benefits to accrue from the loan guarantee or other assistance, and the conditions and procedure for disbursing loan or grant proceeds;
(3) The duties and obligations imposed regarding the acquisition, construction, improvement or operation of the project or infrastructure project; and
(4) The agreement of the governmental agency to comply with all applicable federal and state laws, and all rules and regulations issued or imposed by the Water Development Authority or other state, federal or local bodies regarding the acquisition, construction, improvement or operation of the infrastructure project or project and granting the Water Development Authority the right to appoint a receiver for the project or infrastructure if the project sponsor should default on any terms of the agreement.
(e) Any resolution of the Water Development Authority approving loan, loan guarantee, grant or other assistance shall include a finding and determination that the requirements of this section have been met.
(f) The interest rate on any loan to governmental, quasi- governmental, or not for profit project sponsors for projects made pursuant to this article shall not exceed three percent per annum. Due to the limited availability of funds available for loans for projects, it is the public policy of this state to prioritize funding needs to first meet the needs of governmental, quasi- governmental and not for profit project sponsors and to require that loans made to for-profit entities shall bear interest at the current market rates. Therefore, no loan may be made by the council to a for-profit entity at an interest rate which is less than the current market rate at the time of the loan agreement.
(g) The Water Development Authority shall cause an annual audit to be made by an independent certified public accountant of its books, accounts and records, with respect to the receipts, disbursements, contracts, leases, assignments, loans, grants and all other matters relating to the financial operation of the infrastructure fund, including the operating of any sub-account within the infrastructure fund. The person performing such audit shall furnish copies of the audit report to the commissioner of finance and administration, where they shall be placed on file and made available for inspection by the general public. The person performing such audit shall also furnish copies of the audit report to the Legislature's Joint Committee on Government and Finance.
(h) There is hereby created in the Water Development Authority a separate, special account which shall be designated and known as the "West Virginia Infrastructure Lottery Revenue Debt Service Fund", into which shall be deposited annually for the fiscal year beginning July 1, 2011, and each fiscal year thereafter, the first $6 million transferred pursuant to section eighteen-d, article twenty-two, chapter twenty-nine of this code and any other funds provided therefor: Provided, That such deposits and transfers are not subject to the reservations of funds or requirements for distributions of funds established by sections ten and eleven of this article. Moneys in the West Virginia Infrastructure Lottery Revenue Debt Service Fund shall be used to pay debt service on bonds or notes issued by the Water Development Authority for watershed compliance projects as provided in section seventeen-b of this article, and to the extent not needed to pay debt service, for the design or construction of improvements for watershed compliance projects. Moneys in the West Virginia Infrastructure Lottery Revenue Debt Service Fund not expended at the close of the fiscal year do not lapse or revert to the General Fund but are carried forward to the next fiscal year.

§31-15A-17b. Infrastructure lottery revenue bonds for watershed compliance projects.

(a) (1) The Chesapeake Bay has been identified as an impaired water body due to excessive nutrients entering the Bay from various sources in six states, including wastewater facilities in West Virginia. To restore the Chesapeake Bay, the states have agreed to reduce their respective nutrient contributions to the Chesapeake Bay.
(2) The Greenbrier River Watershed in southeastern West Virginia which encompasses approximately 1,646 square miles, the majority of which lies within Pocahontas, Greenbrier, Monroe and Summers counties, has been identified as an impaired water body due to excessive levels of fecal coliform and phosphorus entering the Watershed from various sources, including wastewater facilities in West Virginia. To restore the Greenbrier River Watershed, the state agrees to reduce the fecal coliform and phosphorus contributions to the Greenbrier River Watershed.
(b) Notwithstanding any other provision of this code to the contrary, the Water Development Authority may issue, in accordance with the provisions of section seventeen of this article, infrastructure lottery revenue bonds payable from the West Virginia infrastructure lottery revenue debt service fund created by section nine of this article and such other sources as may be legally pledged for such purposes other than the West Virginia infrastructure revenue debt service fund created by section seventeen of this article.
(c) The council shall direct the Water Development Authority to issue bonds in one or more series when it has approved Chesapeake Bay watershed compliance projects and Greenbrier River watershed compliance projects with an authorized permitted flow of four hundred thousand gallons per day or more. The proceeds of the bonds shall be used solely to pay costs of issuance, fund a debt service reserve account, capitalize interest, pay for security instruments necessary to market the bonds and to make grants to governmental instrumentalities of the state for the construction of approved Chesapeake Bay watershed compliance projects and Greenbrier River watershed compliance projects. To the extent funds are available in the West Virginia Infrastructure Lottery Revenue Debt Service Fund that are not needed for debt service, the council may direct the Water Development Authority to make grants to project sponsors for the design or construction of approved Chesapeake Bay watershed compliance projects and Greenbrier River watershed compliance projects.
(d) No later than June 30, 2012, each publicly owned facility with an authorized permitted flow of 400,000 gallons per day or more that is subject to meeting Chesapeake Bay compliance standards or Greenbrier River watershed compliance standards shall submit to the council a ten year projected capital funding plan for Chesapeake Bay watershed compliance projects or Greenbrier River watershed compliance projects, as the case may be, including a general project description, cost estimate and estimated or actual project start date and project completion date, if any. The council shall timely review the submitted capital funding plans and forward approved plans to the Water Development Authority for further processing and implementation pursuant to this article. If the council finds a plan to be incomplete, inadequate or otherwise problematic, it shall return the plan to the applicant with comment on the plan shortcomings. The applicant may then resubmit to council an amended capital funding plan for further consideration pursuant to the terms of this subsection.
(e) Upon approval, each proposed Chesapeake Bay watershed compliance project or Greenbrier River watershed compliance project, or portion of a larger project, which portion is dedicated to compliance with nutrient standards, or fecal coliform and phosphorus standards, established for the protection and restoration of the Chesapeake Bay or the Greenbrier River Watershed, as the case may be, shall be eligible for grant funding by funds generated by the infrastructure lottery revenue bonds described in section (b) of this section. At the request of the applicant, the remaining percentage of project funding not otherwise funded by grant under the provisions of this article may be reviewed as a standard project funding application.
(f) No later than December 1, 2012, the Water Development Authority shall report to the Joint Committee on Government and Finance the total cost of Chesapeake Bay watershed compliance projects and the Greenbrier River watershed compliance projects and the proposed grant awards for each eligible project. Grant awards shall be of equal ratio among all applicants of the total cost of each eligible project.
(g) Eligible projects that have obtained project financing prior to December 31, 2011, may apply to the council for funding under the provisions of this section. These applications shall be processed and considered as all other eligible projects, and any grant funding awarded shall, to the extent allowed by law, be dedicated to prepay all or a portion of debt previously incurred by governmental instrumentalities of the state for required Chesapeake Bay nutrient removal projects or Greenbrier River watershed fecal coliform and phosphorus removal projects, subject to the bond covenants and contractual obligations of the borrowing governmental entity. However, any private portion of funding provided by agreement between a political subdivision and one or more private entities, either by direct capital investment or debt service obligation, shall not be eligible for grant funding under the provisions of this article.;
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. 245--A Bill to amend and reenact §22C-1-27 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §29-22-18d; to amend and reenact §31-15A-9 of said code; and to amend said code by adding thereto a new section, designated §31-15A-17b, all relating to protection of the watersheds of the Chesapeake Bay and the Greenbrier River; increasing the bonding authority of the Water Development Authority for limited purposes; directing an annual amount of excess lottery revenue to newly created debt service fund to pay costs of and debt service on bonds; providing for the issuance of bonds when watershed compliance projects have been approved; establishing deadline for certain publicly owned wastewater facilities to submit ten-year projected capital funding plan to the West Virginia Infrastructure and Jobs Development Council for review and approval; providing eligibility for funding; requiring Water Development Authority to report to Joint Committee on Government and Finance; establishing distribution guidelines for grants to eligible projects; making eligible projects with funding approved before a certain date eligible for grant funding to the extent permitted by law and bond covenants; and limiting eligibility of grant funding.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 245, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 245) 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. 285, Extending time frame practitioners must write prescriptions on official tamper-resistant paper.
On motion of Senator Unger, 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 two, section five, line six, after the word "on" by inserting the words "and after".
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 285, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 285) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 330, Relating to higher education personnel generally.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §18-13-1 of the Code of West Virginia, 1931, as amended, be repealed; that §18-23-4a of said code be repealed; that §18B-8-3a of said code be repealed; that §18B-9-2a, §18B-9-5, §18B-9-7, §18B- 9-8, §18B-9-9, §18B-9-10 and §18B-9-12 of said code be repealed; that §12-1-12d of said code be amended and reenacted; that §18B-1-2 and §18B-1-6 of said code be amended and reenacted; that §18B-1B-4 and §18B-1B-5 of said code be amended and reenacted; that §18B-2A-3, §18B-2A-4 and §18B-2A-8 of said code be amended and reenacted; that §18B-2B-3 of said code be amended and reenacted; that §18B-3-1, §18B-3-3 and §18B-3-4 of said code be amended and reenacted; that §18B-4-1 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18B-4-2a; that §18B-5-9 of said code be amended and reenacted; that §18B-7-1, §18B- 7-2, §18B-7-3, §18B-7-4, §18B-7-5, §18B-7-6, §18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of said code be amended and reenacted; that said code be amended by adding thereto four new sections, designated §18B-7-13, §18B-7-14, §18B-7-15 and §18B-7-16; that §18B-8-1, §18B-8-3, §18B-8-4, §18B-8-5 and §18B-8-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18B-8-2; that §18B-9-1, §18B-9-2, §18B-9-3 and §18B-9-4 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and §18B-9A-8; and that §18B-10-1 of said code be amended and reenacted, all to read as follows:
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 1. STATE DEPOSITORIES.

§12-1-12d. Investments by Marshall University and West Virginia University.

(a) Notwithstanding any provision of this article to the contrary, the governing boards of Marshall University and West Virginia University each may invest certain funds with its respective nonprofit foundation that has been established to receive contributions exclusively for that university and which exists on January 1, 2005. Any such investment is subject to the limitations of this section.
(b) A governing board, through its chief financial officer may enter into agreements, approved as to form by the State Treasurer, for the investment by its foundation of certain funds subject to their administration. Any interest or earnings on the moneys invested is retained by the investing university.
(c) Moneys of a university that may be invested with its foundation pursuant to this section are those subject to the administrative control of the university that are collected under an act of the Legislature for specific purposes and do not include any funds made available to the university from the state General Revenue Fund or the funds established in sections eighteen or eighteen-a, article twenty-two, chapter twenty-nine of this code. Moneys permitted to be invested under this section may be aggregated in an investment fund for investment purposes.
(d) Of the moneys authorized for investment by this section, Marshall University and West Virginia University each, respectively, may have invested with its foundation at any time not more than the greater of:
(1) $18 million for Marshall University and $25 million for West Virginia University; or
(2) Sixty-five percent of its unrestricted net assets as presented in the statement of net assets for the fiscal year end audited financial reports.
(3) Notwithstanding subdivisions (1) and (2) of this subsection, with the approval of the Higher Education Policy Commission, Marshall University may increase the amount invested to $30 million and West Virginia University may increase the amount invested to $40 million.
(e) Investments by foundations that are authorized under this section shall be made in accordance with and subject to the provisions of the Uniform Prudent Investor Act codified as article six-c, chapter forty-four of this code. As part of its fiduciary responsibilities, each governing board shall establish investment policies in accordance with the Uniform Prudent Investor Act for those moneys invested with its foundation. The governing board shall review, establish and modify, if necessary, the investment objectives as incorporated in its investment policies so as to provide for the financial security of the moneys invested with its foundation. The governing boards shall give consideration to the following:
(1) Preservation of capital;

(2) Diversification;

(3) Risk tolerance;

(4) Rate of return;

(5) Stability;

(6) Turnover;

(7) Liquidity; and

(8) Reasonable cost of fees.

(f) A governing board shall report annually by December 31 to the Governor and to the Joint Committee on Government and Finance on the performance of investments managed by its foundation pursuant to this section.
~~(g) The authority of a governing board to invest moneys with its foundation pursuant to this section expires on July 1, 2011.~~
~~(h)~~ (g) The amendments to this section in the second extraordinary session of the Legislature in 2010 shall apply retroactively so that the authority granted by this section shall be construed as if that authority did not expire on July 1, 2010.
CHAPTER 18B. HIGHER EDUCATION.

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:
(1) "Administratively linked community and technical college" means a 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 July 1, 2008;
(2) "Advanced technology center" means a facility established under the direction of an independent community and technical college or the council for the purpose of implementing and delivering education and training programs for high-skill, high- performance Twenty-First Century workplaces;
(3) "Board of visitors" means the advisory board previously appointed for the West Virginia Graduate College 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;
(4) "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;
(5) "Chancellor" means the Chancellor for Higher Education where the context refers to a function of the Higher Education Policy Commission. "Chancellor" means the 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;
(6) "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;
(7) "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;
(8) "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;
(9) "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 Blue Ridge Community and Technical College, Bridgemont Community and Technical College, Eastern West Virginia Community and Technical College, Kanawha Valley Community and Technical College, Mountwest 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 and West Virginia University at Parkersburg;
(10) "Community and technical college education" means the programs, faculty, administration and funding associated with the delivery of community and technical college education programs;
(11) "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 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;
(12) "Council" means the West Virginia Council for Community and Technical College Education created by article two-b of this chapter;
(13) "Dual credit course" or "dual enrollment course" means 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.
(14) "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;
(15) "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;
(16) "Governing boards" or "boards" means the institutional boards of governors created by section one, article two-a of this chapter;
(17) "Higher Education Policy Commission", "policy commission" or "commission" means the commission created by section one, article one-b of this chapter;
(18) "Independent community and technical college" means a state institution of higher education under the jurisdiction of the Council which is independently accredited, 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, Bridgemont Community and Technical College, Eastern West Virginia Community and Technical College, Kanawha Valley Community and Technical College, Mountwest 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, and West Virginia University at Parkersburg;
(19) "Institutional compact" means the compact between the commission or council and a state institution of higher education under its jurisdiction, as described in section seven, article one-d of this chapter;
(20) "Institutional operating budget" or "operating budget" means for any fiscal year an institution's total unrestricted education and general funding from all sources, 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;
(21) "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;
(22) "Rule" or "rules" means a regulation, standard, policy or interpretation of general application and future effect;
(23) "Sponsoring institution" means a state institution of higher education that maintained an administrative link to a community and technical college providing essential services prior to July 1, 2008. 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;
(24) "State college" means Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty University or West Virginia State University;
(25) "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;
(26) "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, 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;
(27) "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;
(28) "Vice Chancellor for Human Resources" means the person employed by the commission and the council jointly pursuant to section two-a, article four of this chapter. The person employed as senior director of human resources by the commission on January 1, 2011, becomes the Vice Chancellor for Human Resources on the effective date of this section; and
(29) "West Virginia Consortium for Undergraduate Research and Engineering" or "West Virginia CURE" means the collaborative planning group established by article one-c of this chapter.
§18B-1-6. Rulemaking.
(a) The commission is hereby empowered to promulgate, adopt, amend or repeal rules, in accordance with ~~the provisions of~~ article three-a, chapter twenty-nine-a of this code, subject to ~~the provisions of~~ section three of this article.
(b) The council is hereby empowered to promulgate, adopt, amend or repeal rules in accordance with ~~the provisions of~~ article three- a, chapter twenty-nine-a of this code, ~~and~~ subject to ~~the provisions of~~ section three of this article. This grant of rule-making power extends only to those areas over which the council has been granted specific authority and jurisdiction by law.
(c) As it relates to the authority granted to governing boards of state institutions of higher education to promulgate, adopt, amend or repeal any rule under ~~the provisions of~~ this code:
(1) "Rule" means any regulation, guideline, directive, standard, statement of policy or interpretation of general application which has institution-wide effect or which affects the rights, privileges or interests of employees, students or citizens. Any regulation, guideline, directive, standard, statement of policy or interpretation of general application that meets this definition is a rule for the purposes of this section.
(2) Regulations, guidelines or policies established for individual units, divisions, departments or schools of the institution, which deal solely with the internal management or responsibilities of a single unit, division, department or school or with academic curricular policies that do not constitute a mission change for the institution, are excluded from this subsection, except for the requirements relating to posting.
(3) The commission and council each shall promulgate a rule to guide the development and approval of rules made by their respective governing boards, including the governing boards of Marshall University and West Virginia University. The rules promulgated by the commission and council shall include, but are not limited to, the following provisions which shall be included in the rule on rules adopted by each governing board of a state institution of higher education:
(A) A procedure to ensure that public notice is given and that the right of interested parties to have a fair and adequate opportunity to respond is protected, including providing for a thirty-day public comment period prior to final adoption of a rule;
(B) Designation of a single location where all proposed and approved rules, guidelines and other policy statements are posted and can be accessed by the public; ~~and~~
(C) A procedure to maximize Internet access to all proposed and approved rules, guidelines and other policy statements to the extent technically and financially feasible; and
(D) A procedure for the governing board to follow in submitting its rules for review and approval to the commission and/or council, as appropriate, except the following conditions apply for the governing boards of Marshall University and West Virginia University:
(i) The governing boards shall submit rules for review and comment to the commission.
(ii) The commission shall return to the governing board its comments and suggestions within thirty days of receiving the rule.
(iii) If a governing board receives comments or suggestions on a rule from the commission, it shall record these as part of the minute record. The rule is not effective and may not be implemented until the governing board holds a meeting and places on the meeting agenda the comments it has received from the commission.
(d) Nothing in this section requires that any rule reclassified or transferred by the commission or the council under this section be promulgated again under the procedures set out in article three- a, chapter twenty-nine-a of this code unless the rule is amended or modified.
(e) The commission and council each shall file with the Legislative Oversight Commission on Education Accountability any rule it proposes to promulgate, adopt, amend or repeal under the authority of this article.
(f) The governing boards ~~of Marshall University and West Virginia University, respectively,~~ shall promulgate and adopt any rule which they are required to adopt by this chapter or chapter eighteen-c of this code no later than ~~the first day of July 1, two thousand five~~ July 1, 2011, unless a later date is specified. On and after this date:
(1) Any rule of ~~either~~ a governing board which meets the definition set out in subsection (c) of this section and which has not been promulgated and adopted by formal vote of the appropriate governing board is void and may not be enforced;
(2) Any authority granted by this code which inherently requires the governing board to promulgate and adopt a rule is void until the governing board complies with ~~the provisions of~~ this section.
(g) Within thirty days of the adoption of a rule, including repeal or amendment of an existing rule, ~~the~~ and before the change is implemented, a governing ~~boards of Marshall University and West Virginia University, respectively,~~ board shall furnish ~~to the commission or the council, as appropriate,~~ a copy of each rule which it has ~~been formally~~ adopted to the commission or the council, respectively, for review and approval, except the governing boards of Marshall University and West Virginia University are subject to subsection (c) of this section.
(h) ~~Not later than~~ Annually, by October 1, ~~2005, and annually thereafter,~~ each governing board ~~of a state institution of higher education~~ shall file with the commission or the council, as appropriate, a list of all ~~institutional~~ rules that were in effect for that institution on July 1 of that year, including the most recent date on which each rule was considered and adopted, amended or repealed by the governing board. For all rules adopted, amended or repealed after the effective date of this section, the list shall include a statement by the chair of the governing board certifying that the governing board has complied with ~~the provisions of~~ this section when each listed rule was promulgated and adopted.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.

§18B-1B-4. Powers and duties of Higher Education Policy Commission.

(a) The primary responsibility of the commission is to develop, establish and implement policy that will achieve the goals, ~~and~~ objectives and priorities found in section one-a, article one and article one-d of this chapter. The commission shall exercise its authority and carry out its responsibilities in a manner that is consistent and not in conflict with the powers and duties assigned by law to the West Virginia Council for Community and Technical College Education and the powers and duties assigned to the governing boards. ~~of Marshall University and West Virginia University, respectively.~~ To that end, the commission has the following powers and duties relating to the ~~institutions~~ governing boards under its jurisdiction:
(1) Develop, oversee and advance the public policy agenda pursuant to ~~section one, article one-a~~ article one-d of this chapter to address major challenges facing the state, including, but not limited to, the following:
(A) The goals, ~~and~~ objectives ~~found~~ and priorities established in ~~section one-a, article one of~~ this chapter ~~and~~ including specifically those goals, ~~and~~ objectives and priorities pertaining to the compacts created pursuant to section ~~two,~~ ~~article~~ ~~one-a~~ seven, article one-d of this chapter; and ~~to develop and implement~~
(B) Development and implementation of the master plan described in section ~~nine~~ ~~of this~~ five, article one-d of this chapter for the purpose of accomplishing the mandates of this section;
(2) Develop, oversee and advance the promulgation and implementation ~~jointly with the council~~ of a financing ~~policy~~ rule for state institutions of higher education ~~in West Virginia~~ under its jurisdiction. The ~~policy~~ rule shall meet the following criteria:
(A) Provide for an adequate level of ~~education~~ educational 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 eliminating deferred maintenance; and
(C) Invest and provide incentives for achieving the priority goals in the public policy agenda, including, but not limited to, those found in section one-a, article one and article one-d of this chapter; ~~and~~
(D) Incorporate the plan for strategic funding to strengthen capacity for support of community and technical college education established by the West Virginia Council for Community and Technical College Education pursuant to the provisions of ~~section six, article two-b of this chapter;~~
(3) In collaboration with the council, create a policy leadership structure 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 commission and 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 carry out their duty effectively to govern the individual institutions of higher education; and
(C) Holding the ~~higher education institutions~~ governing boards and the higher education systems as a whole accountable for accomplishing their missions and implementing ~~the provisions of the~~ their compacts;
(4) Develop and adopt each ~~institutional~~ compact for the governing boards under its jurisdiction;
(5) Review and adopt the annual updates of the institutional compacts;
(6) Serve as the accountability point to state policymakers:
(A) The Governor for implementation of 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;
(7) Jointly with the council, promulgate legislative rules pursuant to article three-a, chapter twenty-nine-a of this code to fulfill the purposes of section five, article one-a of this chapter;
(8) Establish and implement a peer group for each institution as described in section three, article one-a of this chapter;
(9) Establish and implement the benchmarks and performance indicators necessary to measure institutional ~~achievement towards~~ progress in achieving state policy priorities and institutional missions pursuant to section ~~two, article one-a~~ seven, article one-d of this chapter;
(10) ~~Annually report~~ Report to the Legislature and to the Legislative Oversight Commission on Education Accountability annually during the January interim ~~meetings~~ meeting period 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 report shall address at least the following:
(A) The performance of its system of higher education 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 higher education system as a whole in meeting~~ the goals, ~~and~~ objectives and priorities set forth in section one-a, article one and article one-d of this chapter and in the commission's master plan and institutional compacts;
(B) An analysis of enrollment data collected pursuant to section one, article ten of this chapter and recommendations for any changes necessary to assure access to high-quality, high-demand education programs for West Virginia residents;
~~(C)~~ (B) The commission's priorities ~~established~~ for new operating and capital ~~investment needs pursuant to subdivision (11) of this subsection~~ investments and the justification for ~~such~~ the priority;
~~(D)~~ (C) Recommendations of the commission for statutory changes ~~needed~~ necessary or expedient to ~~further the~~ achieve state goals, ~~and~~ objectives ~~set forth in section one-a, article one~~ ~~of this chapter~~ and priorities;
(11) Establish a formal process for identifying ~~needs for~~ capital ~~investments~~ investment needs and for determining priorities for these investments for consideration by the Governor and the Legislature as part of the appropriation request process pursuant to article nineteen of this chapter. It is the responsibility of the commission to assure a fair distribution of funds for capital projects between the commission and the council. To that end the commission shall take the following steps:
(A) Receive the list of priorities developed by the council for capital investment for the institutions under the council's jurisdiction pursuant to subsection (b), section six, article two-b of this chapter;
~~(B) Place the ranked list of projects on the agenda for action within sixty days of the date on which the list was received;~~
(C) Select a minimum of three projects from the list submitted by the council to be included on the ranked list established by the commission. At least one of the three projects selected must come from the top two priorities established by the council;
~~(12) Maintain guidelines~~ for institutions to follow concerning extensive capital project management except the governing boards of Marshall University and West Virginia University are not subject to the provisions of this subdivision as it relates to the state institutions of higher education known as Marshall University and West Virginia University. The guidelines shall provide a process for developing capital projects, including, but not limited to, the notification by an institution to the commission of any proposed capital project which has the potential to exceed one million dollars in cost. Such a project may not be pursued by an institution without the approval of the commission. An institution may not participate directly or indirectly with any public or private entity in any capital project which has the potential to exceed one million dollars in cost;
(12) Develop standards and evaluate governing board requests for capital project financing in accordance with article nineteen of this chapter;
(13) Ensure that governing boards manage capital projects and facilities needs effectively, including review and approval or disapproval of capital projects, in accordance with article nineteen of this chapter.
~~(13)~~ (14) Acquire legal services as ~~are~~ considered necessary, including representation of the commission, its ~~institutions~~, governing boards, 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 commission may, but is not required to, call upon the Attorney General for legal assistance and representation as provided by law;
~~(14)~~ (15) Employ a Chancellor for Higher Education pursuant to section five of this article;
~~(15)~~ (16) Employ other staff as necessary and appropriate to carry out the duties and responsibilities of the commission and the council, in accordance with ~~the provisions of~~ article four of this chapter;
~~(16)~~ (17) Provide suitable offices in Kanawha County for the chancellor, vice chancellors and other staff;
~~(17)~~ (18) Advise and consent in the appointment of the presidents of the institutions of higher education under its jurisdiction pursuant to section six of this article. The role of the commission in approving an institutional president is to assure through personal interview that the person selected understands and is committed to achieving the goals, ~~and~~ objectives and priorities as set forth in the ~~institutional~~ compact, ~~and~~ in section one-a, article one and article one-d of this chapter;
~~(18)~~ (19) Approve the total compensation package from all sources for presidents of institutions under its jurisdiction, as proposed by the governing boards. The governing boards must obtain approval from the commission of the total compensation package both when institutional presidents are employed initially and afterward when any change is made in the amount of the total compensation package;
~~(19)~~ (20) Establish and implement the policy of the state to assure that parents and students have sufficient information at the earliest possible age on which to base academic decisions about what is required for students to be successful in college, other post- secondary education and careers related, as far as possible, to results from current assessment tools in use in West Virginia;
~~(20)~~ (21) Approve and implement a uniform standard jointly with the council 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 they shall communicate to the state Board of Education and the state superintendent of Schools;
~~(21) Review and approve or disapprove capital projects as described in subdivision (11) of this subsection;~~
(22) Jointly with the council, develop and implement an oversight plan to manage systemwide technology ~~such as the~~ including, but not limited to, the following:
(A) Expanding distance learning and technology networks to enhance teaching and learning, promote access to quality educational offerings with minimum duplication of effort; and
(B) Increasing the delivery of instruction to nontraditional students, to provide services to business and industry and increase the management capabilities of the higher education system.
(C) Notwithstanding any other provision of law or this code to the contrary, the council, commission and ~~state institutions of higher education~~ governing boards are not subject to the jurisdiction of the Chief Technology Officer for any purpose;
(23) Establish and implement policies and procedures to ensure that ~~students~~ a student may transfer and apply toward the requirements for a bachelor's degree the maximum number of credits earned at any regionally accredited in-state or out-of-state community and technical college with as few requirements to repeat courses or to incur additional costs as is are consistent with sound academic policy;
(24) Establish and implement policies and procedures to ensure that ~~students~~ a student 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 are consistent with sound academic policy;
(25) Establish and implement policies and procedures to ensure that ~~students~~ a student may transfer and apply toward the requirements for a master's 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 are consistent with sound academic policy;
(26) Establish and implement policies and programs, in cooperation with the council and the ~~institutions of higher education~~ governing boards, through which ~~students~~ a student who ~~have~~ has 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~~ he or she has the necessary knowledge and skills to be granted academic credit or advanced placement standing toward the requirements of an ~~associate~~ associate's degree or a bachelor's degree at a state institution of higher education;
(27) Seek out and attend regional, national and international meetings and forums on education and workforce development-related topics as, in the commission's discretion, is are critical for the performance of their duties as members, for the purpose of keeping abreast of education trends and policies to aid it in developing the policies for this state to meet the established education goals, ~~and~~ objectives and priorities pursuant to section one-a, article one and article one-d of this chapter;
(28) ~~Develop, establish~~ Promulgate and implement a rule for higher education governing boards and institutions to follow when considering capital projects pursuant to article nineteen of this chapter; ~~The guidelines~~ shall assure that the governing boards and institutions do not approve or promote capital projects involving private sector businesses which would have the effect of reducing property taxes on existing properties or avoiding, in whole or in part, the full amount of taxes which would be due on newly-developed or future properties;
(29) Consider and submit to the appropriate agencies of the executive and legislative branches of state government ~~a budget~~ an appropriation request that reflects recommended appropriations ~~from~~ for the commission and the ~~institutions~~ governing boards under its jurisdiction. The commission shall submit as part of its ~~budget proposal~~ appropriation request the separate recommended ~~appropriations~~ appropriation request it received from the council, both for the council and for the ~~institutions~~ governing boards under the council's jurisdiction. The commission annually shall submit the proposed ~~institutional~~ allocations based on each institution's progress toward meeting the goals of its ~~institutional~~ compact;
(30) The commission ~~has the authority to~~ may assess institutions under its jurisdiction, including ~~the state institutions of higher education known as~~ Marshall University and West Virginia University, for the payment of expenses of the commission or for the funding of statewide higher education services, obligations or initiatives related to the goals set forth for the provision of public higher education in the state;
(31) Promulgate rules allocating reimbursement of appropriations, if made available by the Legislature, to ~~institutions of higher education~~ governing boards for qualifying noncapital expenditures incurred in ~~the provision of~~ providing services to students with physical, learning or severe sensory disabilities;
(32) Make appointments to boards and commissions where this code requires appointments from the State College System Board of Directors or the University of West Virginia System Board of Trustees which were abolished effective June 30, 2000, except in those cases where the required appointment has a specific and direct connection to the provision of community and technical college education, the appointment shall be made by the council. Notwithstanding any provisions of this code to the contrary, the commission or the council may appoint one of its own members or any other citizen of the state as its designee. The commission and council shall appoint the total number of persons in the aggregate required to be appointed by these previous governing boards;
(33) Pursuant to ~~the provisions of~~ 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 commission and the council shall promulgate a uniform joint legislative rule for the ~~purpose~~ purposes of standardizing, as much as possible, the administration of personnel matters among the state institutions of higher education and implementing the provisions of articles seven, eight, nine and nine-a of this chapter;
(34) Determine when a joint rule among the governing boards ~~of the institutions~~ under its jurisdiction is necessary or required by law and, in those instances, in consultation with the governing boards ~~of all the institutions~~ under its jurisdiction, promulgate the joint rule;
(35) ~~In consultation with the governing boards~~ ~~of Marshall University and West Virginia University,~~ Promulgate and implement a ~~policy~~ rule jointly with the council whereby 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;
(36) ~~Promulgate~~ By October 1, 2011, promulgate a ~~joint~~ rule ~~with the council~~ pursuant to section one, article ten of this chapter, establishing tuition and fee policy for all ~~institutions of higher education other than~~ ~~state institutions of higher education known as~~ governing boards under the jurisdiction of the commission, including Marshall University and West Virginia University. ~~which are subject to the provisions of section one, article ten of this chapter.~~ 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 other policies as the commission and council consider appropriate;
(37) Implement general disease awareness initiatives to educate parents and students, particularly dormitory residents, about meningococcal meningitis; the potentially life-threatening dangers of contracting the infection; behaviors and activities that can increase risks; measures that can be taken to prevent contact or infection; and potential benefits of vaccination. The commission shall encourage ~~institutions~~ governing boards that provide medical care to students to provide access to the vaccine for those who wish to receive it; and
(38) Notwithstanding any other provision of this code to the contrary sell, lease, convey or otherwise dispose of all or part of any real property ~~which it may own either by contract or at public auction, and to retain the proceeds of any such~~ ~~sale or lease:~~ ~~Provided,~~ ~~That:~~ that it owns, in accordance with article nineteen of this chapter.
~~(A) The commission may not sell, lease, convey or otherwise dispose of any real property without~~ ~~first:~~
~~(i) Providing~~ ~~notice to the public in the county in which the real property is located by a Class II legal advertisement pursuant to section two, article three, chapter fifty-nine of this code;~~
~~(ii) Holding~~ ~~a public hearing on the issue in the county in which the real property is located; and~~
~~(iii) Providing~~ ~~notice to the Joint Committee on Government and Finance; and~~
(B) Any proceeds from the sale, lease, conveyance or other disposal of real property that is used jointly by institutions or for statewide programs under the jurisdiction of the commission or the council shall be transferred to the General Revenue Fund of the state.
(b) In addition to the powers and duties listed in subsection (a) of this section, the commission has the following general powers and duties related to its role in developing, articulating and overseeing the implementation of the public policy agenda:
(1) Planning and policy leadership, including a distinct and visible role in setting the state's policy agenda and in serving as an agent of change;
(2) Policy analysis and research focused on issues affecting the system as a whole or a geographical region thereof;
(3) Development and implementation of institutional mission definitions, including use of incentive funds to influence institutional behavior in ways that are consistent with public priorities;
(4) Academic program review and approval for ~~institutions~~ governing boards under its jurisdiction. ~~including~~ The review and approval includes use of institutional missions as a template to judge the appropriateness of both new and existing programs and the authority to implement needed changes.
(A) The commission's authority to review and approve academic programs for either ~~the state institution of higher education known as~~ Marshall University or West Virginia University is limited to programs that are proposed to be offered at a new location not presently served by that institution;
(B) The commission shall approve or disapprove proposed academic degree programs in those instances where approval is required as soon as practicable, but in any case not later than six months from the date the governing board makes an official request. The commission may not withhold approval unreasonably.
(5) Distribution of funds appropriated to the commission, including incentive and performance-based ~~funding~~ funds;
(6) Administration of state and federal student aid programs under the supervision of the vice chancellor for administration, including promulgation of ~~any~~ rules necessary to administer those programs;
(7) Serving as the agent to receive and disburse public funds when a governmental entity requires designation of a statewide higher education agency for this purpose;
(8) ~~Development, establishment and implementation of~~ Developing, establishing and implementing information, assessment, ~~and~~ accountability and personnel systems, including ~~maintenance of~~ maintaining statewide data systems that facilitate long-term planning and accurate measurement of strategic outcomes and performance indicators;
(9) Jointly with the council, ~~developing, establishing~~ promulgating and implementing ~~policies~~ rules for licensing and oversight for both public and private degree-granting and nondegree- granting institutions that provide post-secondary education courses or programs in the state. ~~pursuant to the findings and policy recommendations required by section eleven of this article;~~ The council has authority and responsibility for approval of all post- secondary courses or programs providing community and technical college education as defined in section two, article one of this chapter;
(10) ~~Development, implementation and oversight of~~ Developing, implementing and overseeing statewide and ~~region-wide~~ regional projects and initiatives related to providing post-secondary education at the baccalaureate level and above such as those using funds from federal categorical programs or those using incentive and performance-based ~~funding~~ funds from any source; ~~and~~
(11) Quality assurance that intersects with all other duties of the commission particularly in the areas of research, data collection and analysis, personnel administration, planning, policy analysis, program review and approval, budgeting and information and accountability systems; and
(12) Developing budgets and allocating resources for governing boards under its jurisdiction:
(A) For all governing boards under its jurisdiction, except the governing boards of Marshall University and West Virginia University, the commission shall review institutional operating budgets, review and approve capital budgets, and distribute incentive and performance-based funds;
(B) For the governing boards of Marshall University and West Virginia University, the commission shall distribute incentive and performance-based funds and may review and comment upon the institutional operating budgets and capital budgets. The commission's comments, if any, shall be made part of the governing board's minute record.
(c) In addition to the powers and duties provided in subsections (a) and (b) of this section and any other powers and duties ~~as may be~~ assigned to it by law, the commission has ~~such~~ other powers and duties ~~as may be~~ necessary or expedient to accomplish the purposes of this article.
(d) The commission ~~is authorized to~~ may withdraw specific powers of ~~any~~ a governing board ~~of an institution~~ under its jurisdiction for a period not to exceed two years, if the commission ~~makes a determination~~ determines that any of the following conditions exist:
(1) The governing board has failed for two consecutive years to develop or implement an institutional compact as required in article ~~one~~ one-d of this chapter;
(2) The commission has received information, substantiated by independent audit, of significant mismanagement or failure to carry out the powers and duties of the ~~board of governors~~ governing board according to state law; or
(3) Other circumstances which, in the view of the commission, severely limit the capacity of the ~~board of governors~~ governing board to exercise its powers or carry out its duties and responsibilities.
The commission may not withdraw specific powers for a period ~~of withdrawal of specific powers may not exceed~~ exceeding two years. During ~~which time the commission is authorized to~~ the withdrawal period, the commission shall take all steps necessary to reestablish ~~the conditions for restoration of~~ sound, stable and responsible institutional governance.
§18B-1B-5. Employment of Chancellor for Higher Education; office; powers and duties generally; employment of Vice Chancellors and other staff.

(a) The commission, created ~~pursuant to~~ by section one of this article, shall employ a Chancellor for Higher Education who is the chief executive officer of the commission and who serves at its will and pleasure.
(b) The commission shall set the qualifications for the position of chancellor and, when a vacancy occurs, shall conduct a thorough nationwide search for qualified candidates. A qualified candidate is one who meets at least the following criteria:
(1) Possesses an excellent academic and administrative background;
(2) Demonstrates strong communication skills;
(3) Has significant experience and an established national reputation as a professional in the field of higher education;
(4) Is free of institutional or regional biases; and
(5) Holds or retains no other administrative position within a system of higher education while employed as chancellor.
(c) The commission shall conduct written performance evaluations of the chancellor annually and may offer the chancellor a contract not to exceed three years. At the end of each contract period, the commission shall review the evaluations and make a determination by vote of its members on continuing employment and compensation level.
(d) When filling a vacancy in the position of chancellor, the commission shall enter into an initial employment contract for one year with the candidate selected. At the end of the initial contract period, and each contract period thereafter, the commission shall review the evaluations and make a determination by vote of its members on continuing employment and compensation level for the chancellor.
(e) The commission sets the chancellor's salary. The salary may not exceed by more than twenty percent the average annual salary of chief executive officers of state systems of higher education in the states that comprise the membership of the Southern Regional Education Board.
(f) The commission may employ a Vice Chancellor for Health Sciences who serves at the will and pleasure of the commission. The Vice Chancellor for Health Sciences shall coordinate the West Virginia University School of Medicine, the Marshall University School of Medicine and the West Virginia School of Osteopathic Medicine and also shall provide assistance to the governing boards on matters related to medical education and health sciences. The Vice Chancellor for Health Sciences shall perform all duties assigned by the chancellor, the commission and state law. In the case of a vacancy in the office of Vice Chancellor of Health Sciences, the duties assigned to this office by law are the responsibility of the chancellor or a designee.
(g) The commission shall employ a Vice Chancellor for Administration pursuant to section two, article four of this chapter.
(h) The commission shall employ a Vice Chancellor for Human Resources pursuant to section two-a, article four of this chapter. The person serving as senior director of human resources by the commission on January 1, 2011, is Vice Chancellor for Human Resources on the effective date of this section. Additionally, the commission shall employ a qualified generalist in the field of human resources pursuant to section two-a, article four of this chapter. The human resources generalist shall report to the Vice Chancellor for Human Resources.
~~(h)~~ (i) The commission may employ a Vice Chancellor for State Colleges who serves at the will and pleasure of the commission. ~~It is the duty and responsibility of~~ At a minimum, the Vice Chancellor for State Colleges to shall perform the following duties:
(1) Provide assistance to the commission, the chancellor and the state colleges on matters related to or of interest and concern to these institutions;
(2) Advise, assist and consult regularly with the ~~institutional~~ presidents and ~~institutional boards of Governors~~ governing boards of each state college;
(3) Serve as an advocate and spokesperson for the state colleges to represent them and to make their interests, views and issues known to the chancellor, the commission and governmental agencies;
(4) Perform all duties assigned by the chancellor, the commission and state law.
In addition, the Vice Chancellor for State Colleges ~~has the responsibility and the duty to~~ shall provide staff assistance to the ~~institutional~~ presidents and governing boards to the extent practicable.
~~(i)~~ (j) On behalf of the commission, the chancellor may enter into agreements with any state agency or political subdivision of the state, any state ~~higher education~~ institution of higher education or any other person or entity to enlist staff assistance to implement the powers and duties assigned by the commission or by state law.
~~(j)~~ (k) The chancellor is responsible for the daily operations of the commission and has the following responsibilities relating to the commission and the ~~institutions~~ governing boards under its jurisdiction:
(1) To carry out policy and program directives of the commission;
(2) To develop and submit annual reports on the implementation plan to achieve the goals and objectives set forth in section one-a, article one and article one-d of this chapter, and in the ~~institutional~~ compacts;
(3) To prepare and submit to the commission for its approval the proposed budget of the commission including the offices of the chancellor and the vice chancellors;
(4) To assist the governing boards in developing rules, subject to the provisions of section six, article one of this chapter. Nothing in this chapter requires the rules of the governing boards to be filed pursuant to the rule-making procedures provided in article three-a, chapter twenty-nine-a of this code. The commission and the council, either separately or jointly as appropriate, are responsible for ensuring that any policy which is required to be uniform across the institutions is applied in a uniform manner;
(5) To perform all other duties and responsibilities assigned by the commission or by state law.
~~(k)~~ (l) The chancellor shall be reimbursed for all actual and necessary expenses incurred in the performance of all assigned duties and responsibilities.
~~(l)~~ (m) The chancellor, with the commission, advises the Legislature on matters of higher education in West Virginia. The chancellor shall work closely with the Legislative Oversight Commission on Education Accountability and with the elected leadership of the state to ensure that they are fully informed about higher education issues and that the commission fully understands the goals, objectives and priorities for higher education that the Legislature has established by law.
~~(m)~~ (n) The chancellor may design and develop for consideration by the commission new statewide or ~~regional~~ regionwide initiatives in accordance with the goals set forth in section one-a, article one and article one-d of this chapter, and the public policy agenda articulated by the commission. In those instances where the initiatives to be proposed have a direct and specific impact or connection to community and technical college education as well as to baccalaureate and graduate education, the Chancellor for Higher Education and the Chancellor for Community and Technical College Education shall design and develop the initiatives jointly for consideration by the commission and the council.
~~(n)~~ (o) To further the goals of cooperation and coordination between the commission and the state Board of Education, the chancellor serves as an ex officio, nonvoting member of the state board. The chancellor shall work closely with members of the state Board of Education and with the State Superintendent of Schools to assure that the following goals are met:
(1) Development and implementation of a seamless kindergarten- through-college system of education; and
(2) Appropriate coordination of missions and programs.
To further the goals of cooperation and coordination between the Commission and the state Board of Education, the chancellor serves as an ex officio, nonvoting member of the state Board of Education.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.

§18B-2A-3. Supervision of governing boards; promulgation of rules.

(a) The governing boards are subject to the supervision of the commission or the council, as appropriate, except ~~for~~ in those instances where specific statutory exceptions are granted by law to the governing boards of Marshall University and West Virginia University. ~~as it relates to the state institutions of higher education known as Marshall University and West Virginia University~~
(b) The governing boards of all state institutions of higher education are subject to the provisions of law that relate to the administration of personnel matters including, specifically, articles seven, eight, nine and nine-a of this chapter and to rules promulgated and adopted in accordance with these provisions.
(c) The Chancellor for Higher Education and the Chancellor for Community and Technical College Education, under the supervision of their respective boards, are responsible for the coordination of policies, ~~and~~ purposes and rules of the governing boards and shall provide for and facilitate sufficient interaction among the governing boards and between the governing boards and the state Board of Education to meet the goals and objectives provided in the compacts and in section one-a, article one and article one-d of this chapter.
~~(b)~~ (d) The governing boards and the state Board of Education shall provide ~~any and~~ all information requested by the commission or and the council, whether the request is made separately or jointly, in an appropriate format and in a timely manner.
§18B-2A-4. Powers and duties of governing boards generally.
Each governing board separately has the following powers and 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.
(1) The ultimate responsibility for developing and updating each master plan at the ~~institutional level~~ institution resides with the ~~board of governors~~ governing board, but the ultimate responsibility for approving the final version of each ~~institutional~~ master plan, including periodic updates, resides with the commission or council, as appropriate.
(2) Each ~~institutional~~ master plan shall include, but is not be limited to, the following:
(A) A detailed demonstration of how the ~~institutional~~ master plan will be used to meet the goals, ~~and~~ objectives and priorities of the ~~institutional~~ compact;
(B) A well-developed set of goals, objectives and priorities 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) Documentation showing how the governing board involved 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 fewer than three nor more than five years and shall be revised periodically as necessary, including adding or deleting ~~degree programs as the governing board in its discretion determines is necessary;~~ bachelor's, master's and doctoral degree programs for all governing boards as approved by the commission or council, respectively, except for the governing boards of Marshall University and West Virginia University only, the commission may review, but may not approve or disapprove, additions or deletions of degree programs.
(c) Develop a ten-year campus development plan in accordance with article nineteen of this chapter;
(d) Prescribe for the institution, under its jurisdiction, in accordance with its master plan and compact, 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;
(e) Direct the preparation of an appropriation request for the institution under its jurisdiction, which relates directly to missions, goals and projections as found in the ~~institutional~~ master plan and the ~~institutional~~ compact;
(f) Consider, revise and submit for review and approval to the commission or council, as appropriate, an appropriation request on behalf of the institution under its jurisdiction;
(g) Review, at least every five years, all academic programs offered at the institution under its jurisdiction. The review shall address the viability, adequacy and necessity of the programs in relation to 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 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;
(h) Ensure that the sequence and availability of academic programs and courses offered by the institution under 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 the institution is transferable to any other state institution of higher education for credit with the grade earned;
(i) Subject to 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;
(j) Involve faculty, students and classified employees in ~~institutional-level~~ institution-level planning and decisionmaking when those groups are affected;
(k) Subject to ~~the provisions of~~ federal law and pursuant to articles seven, eight, ~~and~~ nine and nine-a 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 institution under its jurisdiction;
(l) 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;
(m) Solicit and use or expend voluntary support, including financial contributions and support services, for the institution under its jurisdiction;
(n) Appoint a president for the institution under its jurisdiction subject to section six, article one-b of this chapter;
(o) Conduct written performance evaluations of the president pursuant to section six, article one-b of this chapter;
(p) 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;
(q) Submit to the commission or council, as appropriate, any data or reports requested by the commission or council~~, as appropriate,~~ within the time frame set by the commission or council;
(r) 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 state institutions 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;
(s) Provide and transfer ~~funding~~ funds and property to certain corporations pursuant to section ten, article twelve of this chapter;
(t) 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 compact. If a governing board elects to delegate any of its power and control under 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~~ board 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;~~
(u) Unless changed by the commission or the council, as appropriate, continue to abide by existing rules setting forth standards for ~~acceptance of~~ accepting advanced placement credit for the institution under its jurisdiction. Individual departments at a state institution of higher education, ~~may, upon~~ with approval of the ~~institutional~~ faculty senate, may require higher scores on the advanced placement test than scores designated by the governing board when the credit is to be used toward meeting a requirement of the core curriculum for a major in that department;
(v) Consult, cooperate and ~~work~~ coordinate 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 appropriated and nonappropriated revenue at the institution under its jurisdiction. ~~that ensures~~ The system shall ensure that properly submitted requests for payment be are paid on or before the due date but, in any event, within fifteen days of receipt in the State Auditor's office;
(w) 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, changes in salary or compensation and transfers at the institution under its jurisdiction. Each personnel transaction shall be accompanied by the appropriate standardized system or forms, as appropriate, which shall be submitted to the respective governing board and the Department of ~~Finance and~~ Administration:
(1) Not later than July 1, 2012, the Department of Administration shall make available to each governing board the option of using a standardized electronic system for these personnel transactions.
(2) The Secretary of the Department of Administration may suspend a governing board's participation in the standardized electronic system if he or she certifies to the Governor that the governing board has failed repeatedly and substantially to comply with the department's policies for administering the electronic system;
(x) Notwithstanding any other provision of this code to the contrary, transfer funds from any account specifically appropriated for its use to any corresponding line item in a general revenue account at any agency or institution under its jurisdiction as long as the transferred funds are used for the purposes appropriated;
(y) Transfer funds from appropriated special revenue accounts for capital improvements under its jurisdiction to special revenue accounts at agencies or institutions under its jurisdiction as long as the transferred funds are used for the purposes appropriated in accordance with article nineteen of this chapter;
(z) Notwithstanding any other provision of this code to the contrary, acquire legal services that are necessary, including representation of the governing board, 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 board may, but is not required to, call upon the Attorney General for legal assistance and representation as provided by law; and
(aa) 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-8. Additional powers and duties of governing boards.
(a) The governing board of a state institution of higher education is granted the additional powers and assigned the associated duties ~~and authorities~~ pursuant to this section previously granted and assigned to ~~the state institutions of higher education known as~~ the governing boards of Marshall University and West Virginia University, ~~subject to the following:~~ if
(1) The institutional operating budgets of all institutions to which this section applies have achieved a level of funding comparable with, but not less than ninety percent of, their respective peers, as established pursuant to section three, article one-a of this chapter; (2) the commission or council, as appropriate, approves granting the powers and assigning the duties ~~and authorities~~ to that ~~institution; and~~ governing board.
~~(3) The powers, duties and authorities may not be granted to any institution prior to the first day of July, two thousand twelve.~~
(b) The powers and duties ~~and authorities~~ that may be granted and assigned pursuant to this section are ~~those provided in~~ the following:
~~(1) Section four-a, article six, chapter five of this code;~~
~~(2) Section two, article one, chapter five-g of this code;~~
~~(3) Section twelve-b, article one, chapter twelve of this code;~~
~~(4)~~ (1) Sections five, six and seven, ~~and eight,~~ article three, chapter twelve of this code;
~~(5) Sections three and six, article one of this chapter;~~
~~(6) Section two, article one-a of this chapter;~~
~~(7) Section four, article one-b of this chapter;~~
~~(8) Sections three and four of this article;~~
~~(9)~~ (2) ~~Sections~~ Section two ~~and three~~, article three of this chapter;
~~(10)~~ (3) Sections five, ~~five-a,~~ six and seven, article four of this chapter;
~~(11)~~ (4) ~~Sections three, four,~~ Section seven ~~and nine~~, article five of this chapter; and
~~(12)~~ (5) ~~Sections one and~~ Section six-a, article ten of this chapter.
~~(c) This section does not apply to any community and technical college.~~
(c) Additional powers and duties related to purchasing. -- The powers and duties granted and assigned to the governing boards of Marshall University and West Virginia University by section four, article five of this chapter are extended to the governing boards of all other state institutions of higher education under the following conditions:
(1) The commission and council shall conduct a study to determine the capacity of each governing board under their respective jurisdictions to implement the additional powers and carry out the additional assigned duties related to purchasing;
(2) Based upon the findings of the study, the commission and council shall approve the governing boards under their respective jurisdictions that they determine have the capacity to exercise the powers and carry out the assigned duties pursuant to section four, article five of this chapter; and
(3) The commission and council shall report their findings together with a list of the governing boards they each have approved to the Legislative Oversight Commission on Education Accountability by December 1, 2011.
(d) The commission and council have the power and the duty to monitor participation and provide technical assistance, as requested or required, to governing boards under their respective jurisdictions and to limit or rescind exercise of the powers, in whole or in part, granted by this section to a governing board if, in the sole determination of the commission or council, as appropriate, that action is warranted.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.

§18B-2B-3. West Virginia Council for Community and Technical College Education; supervision of chancellor; chief executive officer.

(a) There is continued the West Virginia Council for Community and Technical College Education. The council has all the powers and duties assigned by law to the joint commission for vocational-- technical-occupational education prior to ~~the effective date of this section~~ July 1, 2001, and ~~such~~ all other powers and duties ~~as may be~~ assigned by law.
(b) The council shall employ a chancellor for community and technical college education. The chancellor serves as chief executive officer of the council at the will and pleasure of the council. The chancellor shall be compensated at a level set by the council not to exceed eighty percent of the ~~annual salary of the chancellor for higher education~~ average annual salary of chief executive officers of the state systems of community and technical colleges in the states that comprise the membership of the Southern Regional Education Board.
(1) The vice chancellor for community and technical college education and workforce development, as the current chief executive officer of the council, shall continue in such capacity upon the effective date of this section, and shall be the chancellor for community and technical college education.
(A) The council shall conduct a written performance evaluation of the chancellor one year after the effective date of this section. The council shall report the results of the evaluation to the Legislative Oversight commission on education accountability during the legislative interim meeting period following the evaluation.
~~(B) After reviewing the evaluation, the council shall make a determination by vote of its members on continuing employment and compensation level for the chancellor.~~
~~(C) After the initial contract period,~~ (c) The council shall conduct written performance evaluations of the chancellor annually and may offer the chancellor a contract ~~of longer term, but~~ not to exceed three years. At the end of each contract period, the council shall review the evaluations and make a determination by vote of its members on continuing employment and level of compensation.
~~(D)~~ (d) When a vacancy occurs in the position of chancellor, the council shall enter into an initial employment contract for one year with the candidate selected to fill the vacancy. At the end of the initial period, and each contract period thereafter, the council shall ~~make a determination by vote of its members on continuing employment and compensation level for the chancellor and shall continue thereafter as set forth in paragraph (C) of this subdivision~~ review the evaluations and make a determination by vote of its members on continuing employment and compensation level for the chancellor.
~~(2)~~ (e) The ~~chancellor~~ individual who was serving as Vice Chancellor for Community and Technical College Education and Workforce Development and who became chancellor effective March 13, 2004, maintains all benefits of employment held, accrued and afforded as the Vice Chancellor for Community and Technical College Education and Workforce Development prior to March 13, 2004. ~~Such~~ These benefits include, but are not limited to, retirement benefits, continued membership in the same retirement system, ~~any~~ insurance coverage and sick and annual leave. For the purposes of leave conversion established in section thirteen, article sixteen, chapter five of this code, the chancellor is not a new employee and the prohibition on conversion does not apply if the chancellor was eligible for leave conversion while serving as vice chancellor. ~~on the day preceding the effective date of this section. On the effective date of this section~~ ~~for the purpose of section thirteen, article sixteen, chapter five of this code, the chancellor:~~
~~(A) Maintains all sick and annual leave accrued, and all rights to convert the leave that had been accrued as vice chancellor; and~~
(B) Continues to maintain his or her status for eligibility under the provisions and application of said section as applied while serving as vice chancellor on the day preceding the effective date of this section.
ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF GOVERNING BOARDS.
§18B-3-1. Legislative findings, purpose; intent; definition.
(a) The Legislature finds that an effective and efficient system of doctoral-level education is vital to providing for the economic well-being of the citizens of West Virginia and for accomplishing established state goals and objectives. As the only research and doctoral-granting public universities in the state, Marshall University and West Virginia University are major assets to the citizens of West Virginia and must be an integral part of any plan to strengthen and expand the economy.
(b) The Legislature further finds that these two institutions must compete in both a national and global environment that is rapidly changing, while they continue to provide high quality education that is both affordable and accessible and remain accountable to the people of West Virginia for the most efficient and effective use of scarce resources.
(c) The Legislature further finds that Marshall University and West Virginia University, under the direction of their respective governing boards, ~~have sufficient staff and internal expertise to~~ may manage operational governance of their institutions in an efficient and accountable manner and ~~can~~ may best fulfill their public missions when their governing boards are given flexibility and autonomy sufficient to meet state goals, objectives and priorities established in this article, and in section one-a, article one and article one-d of this chapter.
(d) Therefore, the purposes of this article include, but are not limited to, the following:
(1) Enhancing the competitive position of Marshall University and West Virginia University in the current environment for research and development;
(2) Providing the governing boards of these institutions with operational flexibility and autonomy in certain areas, including tools to promote economic development in West Virginia;
(3) Encouraging the development of research expertise in areas directly beneficial to the state; ~~and~~
(4) Focusing the attention and resources of the governing boards on state goals, objectives and priorities to enhance the competitive position of the state and the economic, social and cultural well-being of its citizens; and
(5) Providing additional autonomy and operational flexibility and assigning certain additional responsibilities to governing boards of other state institutions of higher education.
~~(e) The following terms wherever used or referred to in this chapter have the following meaning, unless a different meaning plainly appears from the context:~~
~~(1) "State institution of higher education known as Marshall University" means the doctoral-granting research institution and does not include Marshall Community and Technical College; and~~
~~(2) "State institution of higher education known as West Virginia University" means the doctoral-granting research institution. and does not include any of the following:~~
~~(A) The regional campus known as West Virginia University Institute of Technology;~~
~~(B) The administratively linked institution known as the Community and Technical College at West Virginia University Institute of Technology; and~~
~~(C) The regional campus known as West Virginia University at Parkersburg.~~
~~(f)~~ (e) The governing boards of Marshall University and West Virginia University each have the power and the obligation to perform functions, tasks and duties as prescribed by law and to exercise their authority and carry out their responsibilities in a manner that is consistent with and not in conflict with the powers and duties assigned by law to the ~~West Virginia~~ council ~~for Community and Technical College Education~~ and the ~~Higher Education Policy~~ commission.
~~(g)~~ (f) While the governing boards ~~of Marshall University and West Virginia University, respectively,~~ may choose to delegate powers and duties to ~~the~~ their respective presidents ~~of the state institutions of higher education known as Marshall University and West Virginia University~~ pursuant to subsection (s), section four, article two-a of this chapter, ultimately, it is they who are accountable to the Legislature, the Governor and the citizens of West Virginia for meeting the established state goals, objectives and priorities set forth in this article, and in section one-a, article one and article one-d of this chapter. Therefore, ~~it is the intent of the Legislature that~~ grants of operational flexibility and autonomy be are made directly to the governing boards and are not grants of operational flexibility and autonomy to the ~~presidents~~ president of ~~these institutions~~ an institution.

§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, and priorities set forth in this chapter and chapter eighteen-c of this code; and
(3) The commission has specific ~~responsibilities~~ powers and duties which include, but are not limited to, the following:
(A) Advocating for public higher education at the state level; ~~and~~
(B) Jointly with the council, implementing the classification and compensation system established by articles seven, eight, nine and nine-a of this chapter; and
~~(B)~~ (C) 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~~ rule relating to ~~the institution known as Marshall~~ ~~Community and Technical College, the administration known as The~~ ~~Community and Technical College at West Virginia University Institute of Technology and the institution known as West Virginia University at Parkersburg~~ community and technical colleges as defined in section two, article one of this chapter;
(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~~ shall 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~~ rule to the community and technical colleges or to the council;
(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.
§18B-3-4. Duty of governing boards to address state priorities.
~~(a)~~ The expertise of faculty and graduate students at ~~the~~ state institutions of higher education ~~known as Marshall University and West Virginia University~~ is important to every citizen of this state. It is the responsibility of the governing boards to channel this expertise into research and analysis that will yield measurable benefits to the citizens of West Virginia. Therefore, in addition to the goals, ~~for post-secondary education~~ objectives and priorities established in section one-a, article one and article one-d of this chapter and goals established elsewhere in this code, it is the responsibility of the governing boards ~~in collaboration~~ to concentrate attention and resources on certain specific state priorities that have a direct, positive impact on the economic, social and cultural well-being of the people of West Virginia. ~~These priorities include, but are not limited to, the following:~~
(a) Priorities for Marshall University and West Virginia University in collaboration:
(1) Developing Regional Brownfield Assistance Centers pursuant to section seven, article eleven of this chapter;
(2) Performing professional development-related research and coordinating the delivery of professional development to educators in the public schools of the state pursuant to ~~the provisions of~~ article two, chapter eighteen of this code; and
(3) Building subject matter expertise in public ~~school~~ education finance, including mastery of the theories and concepts used in developing formulas to provide state-level financial support to public education. ~~and~~
(4) Researching and proposing cost-efficient methods to the Legislature for governing boards other than Marshall University and West Virginia University to dispose of obsolete computers and computer-related equipment.
(b) The Legislature may, but is not required to, make additional appropriations for the benefit of ~~the state institutions of higher education known as~~ Marshall University and West Virginia University to assist them in fulfilling the purposes set forth in subsection (a) of this section.
(c) Additional priorities for governing boards:
~~(c)~~ (d) In addition to the priorities established in subsection (a) of this section, each governing board ~~separately~~ under the jurisdiction of the commission shall focus resources and attention on improving ~~their~~ its graduation ~~rates~~ rate for full-time undergraduate students as a specific institutional priority. The graduation rate is measured as a percentage of the number of undergraduate students who obtain a degree within six years of the date of enrollment as full-time freshmen. ~~The governing boards shall develop and implement plans to reach the following goals:~~
(1) Marshall University shall attain a graduation rate for full-time undergraduate students of forty percent by the first day of July, two thousand eight, and shall attain a graduation rate for full-time undergraduate students of forty-five percent by July 1, 2010.
(2) West Virginia University shall attain a graduation rate for full-time undergraduate students of sixty percent by the first day of July, two thousand eight, and shall attain a graduation rate for full-time undergraduate students of sixty-three percent by July 1, 2010.
(1) By July 1, 2015, the governing board of each state institution of higher education under the jurisdiction of the commission, including the governing boards of Marshall University and West Virginia University, shall attain a graduation rate for full-time undergraduate students that equals or exceeds the graduation rate of its peers established pursuant to section three, article one-a of this chapter.
~~(3)~~ (2) The commission shall monitor and report annually by December 1~~, 2005, and annually thereafter,~~ to the Legislative Oversight Commission on Education Accountability on the progress of the governing boards toward meeting the goals set forth in ~~subdivisions (1) and (2) of~~ this subsection.
ARTICLE 4. GENERAL ADMINISTRATION.

§18B-4-1. Employment of chancellors; designation of staff; offices.

(a) The council and commission each shall employ a chancellor to assist in the performance of their respective duties and responsibilities subject to the following conditions:
(1) Each chancellor serves at the will and pleasure of the hiring body.
(2) Neither chancellor may hold or retain any other administrative position within the system of higher education while employed as chancellor.
(3) Each chancellor ~~is responsible for carrying~~ shall carry out the directives of the body by whom employed and shall ~~work~~ collaborate with that body in developing policy options.
(4) The commission is responsible to the council and the Chancellor for Community and Technical College Education for providing services in areas essential to exercising the powers and duties assigned to the council by law. The commission may not charge the council any fee for the provision of these essential services. The service areas include, but are not limited to, legal services, research, technology, computing, finance and facilities, academic affairs, telecommunications, human resources, student services and any other general areas the council considers to be essential to the exercise of its legal authority. The services are provided under the general supervision of the Vice Chancellor for Administration.
(5) For the purpose of developing or evaluating policy options, the chancellors may request the assistance of the presidents and staff ~~of the institutions~~ employed by the governing boards under their respective jurisdictions.
(b) In addition to the staff positions designated in subdivision (4), subsection (a) of this section, and section five, article one-b of this chapter, the Vice Chancellor for Administration, employed pursuant to section two of this article, serves the offices of the chancellors to discharge jointly the duties and responsibilities of the council and commission.
(c) The Vice Chancellor for Health Sciences shall coordinate the West Virginia University School of Medicine, the Marshall University School of Medicine and the West Virginia School of Osteopathic Medicine.
~~(d)~~ (c) Suitable offices for the Vice Chancellor of Administration, the Vice Chancellor for Human Resources and other staff shall be provided in Kanawha County.

§18B-4-2a. Employment of Vice Chancellor for Human Resources; powers and duties generally; staff; office.

(a) By and with the advice and consent of the Council for Community and Technical College Education, the commission shall employ a Vice Chancellor for Human Resources who may not be dismissed without the consent of the council. The person employed as senior director of human resources by the commission on January 1, 2011, becomes the Vice Chancellor for Human Resources on the effective date of this section. Thereafter, any vacancy occurring in this position shall be filled in accordance with this section.
(b) The successful candidate for the position of vice chancellor provides vision, leadership and direction to ensure the human resources system for employees of the commission, council and governing boards is effective, efficient and aligned with industry best practices. The successful candidate possesses the following minimum qualifications:
(1) A master's degree in human resources or a related field; and
(2) Thorough knowledge of and experience administering employment laws and regulations, recruiting and selection techniques, employee relations techniques and methodologies, legal reporting and compliance requirements.
(c) The vice chancellor, in consultation with the chancellors, performs functions, tasks and responsibilities necessary to carry out the policy directives of the council and commission and any other duties prescribed by law. The vice chancellor oversees and monitors all issues related to the personnel system for higher education employees and provides technical support to organizations as directed or requested on all issues related to the design, development, implementation and administration of the personnel system established by this chapter and by duly promulgated rules.
(d) The vice chancellor supervises employees at the commission offices involved in human resources functions, including the professional, administrative, clerical and other employees necessary to carry out assigned powers and duties. In consultation with the vice chancellor for Administration and the chancellors, the vice chancellor shall delineate staff responsibilities as considered desirable and appropriate.
(e) The vice chancellor provides support to the chancellors and organizations on a highly diverse range of issues including assisting them to develop a culture of constant improvement in a rapidly changing, complex market. Duties of the position include, but are not limited to, the following:
(1) Developing and implementing business-related initiatives involving organizational design, labor cost management, executive recruitment and compensation, leadership and management development, human resources data and technology, and compensation and benefits programs;
(2) Chairing the Job Classification Committee and the Compensation Planning and Review Committee established by sections four, and five, article nine-a of this chapter.
(3) Assuming responsibility for coordinating compensation and benefits programs for all employees, including designing these programs, and for supporting each higher education organization in implementing the programs;
(4) Maintaining consistent human resources information systems and selecting and supervising benefits consultants, brokers, trustees and necessary legal assistants;
(5) Maintaining the classification system by providing for regular review of jobs to determine whether the current job description accurately reflects the duties and responsibilities and whether the job is properly classified or needs to be modified or deleted. Every job shall be reviewed at least once within each five-year period;
(6) Ensuring that market comparison studies are conducted for each class of employees and providing a report annually to each organization on the status of relative market equity among the employee classifications.
(7) Carrying out the following duties related to training and development:
(A) Analyzing and determining training needs of organization employees and formulating and developing plans, procedures and programs to meet specific training needs and problems. Successful completion of these tasks requires the vice chancellor to work closely with and communicate regularly with the training and development coordinators employed by each organization;
(B) Developing, constructing, maintaining and revising training manuals and training aids or supervising development of these materials by outside suppliers;
(C) Planning, conducting, and coordinating management inventories, appraisals, placement, counseling and training;
(D) Coordinating participation by all employees in training programs developed internally or provided by outside contractors; and
(E) Administering and analyzing an annual training and development needs survey. The survey may coincide with the completion of the annual performance review process.
(8) Conducting performance reviews of personnel who administer human resources functions at each organization in relation to best practices pursuant to articles seven, eight, nine and nine-a of this chapter and rules of the commission and council. Human resources personnel at each organization shall be evaluated at least once within each three-year period. The Vice Chancellor shall analyze the results of these evaluations and target training and professional development to identified areas of deficiency.
(f) To assist in performing the duties of vice chancellor, the commission, with the consent of the council, shall employ a generalist/manager who is well qualified in the field of human resources. The position reports to the Vice Chancellor for Human Resources and shall be filled on a permanent basis by September 1, 2011. The successful candidate is responsible for a wide range of human resources management, reporting and development activities and works collaboratively with governing boards and their employees at all levels.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-9. Higher education fiscal responsibility.
(a) The governing boards ~~of Marshall University and West Virginia University each~~ shall ensure the fiscal integrity of ~~its~~ their operations using best business and management practices.
(1) The practices include at least the following:
(A) Complying with Generally Accepted Accounting Principles of the Governmental Accounting Standards Board (GAMP); and the Generally Accepted Government Auditing Standards of the Government Accountability Office (GAGA);
(B) Operating without material weakness in internal controls as defined by GAMP, GAGA and, where applicable, the Office of Management and Budget (OMB) Circular A-133;
(C) Maintaining annual audited financial statements with an unqualified opinion;
(D) ~~Presenting~~ Preparing annual audited financial statements ~~to the respective governing board~~ as coordinated and directed by the commission and council, respectively, and as the commission requires to complete the higher education fund audit;
(E) Maintaining quarterly financial statements certified by the chief financial officer of the institution; and
(F) Implementing best practices from Sarbanes-Oxley, or adopting the applicable tenets of Sarbanes-Oxley as best practices.
(2) ~~Marshall University, West Virginia University~~ Each governing board and ~~the~~ any affiliated research corporation of ~~each (A)~~ shall comply with the OMB Circular A-133 annual grant award audit requirements and ~~(B)~~ is are exempt from ~~the provisions of~~ section fourteen, article four, chapter twelve of this code.
(3) Within thirty days of the completion of the financial audit report, the governing boards ~~of Marshall University and West Virginia University each~~ shall furnish to the commission ~~the Legislative Oversight Commission on Education Accountability and the Joint Committee on Government and Finance~~ or council, respectively, copies of the annual audited financial statements.
(b) The commission or and council, ~~as appropriate~~ each, shall ensure the fiscal integrity of any electronic process conducted at its offices and ~~at all other institutions using~~ by the governing boards under its respective jurisdiction by applying best business and management practices.
(c) ~~Marshall University, West Virginia University the council and the commission~~ To the maximum extent practicable, each higher education organization shall ~~implement a process whereby, to the maximum extent practicable,~~ provide for its employees ~~of Marshall University, West Virginia University, the Council, Commission and all other state institutions of higher education~~ to receive their wages via electronic transfer or direct deposit.
(d) Notwithstanding ~~the provisions of section ten-a, article three, chapter twelve of this code, and except as otherwise provided in this subsection, the amount of any purchase made with~~ any other provision of this code to the contrary, a purchasing card may be used by the council, the commission or ~~any other~~ a governing board of a state institution of higher education ~~may not exceed five thousand dollars~~ to make any payment authorized by the Auditor, including regular routine payments and travel and emergency payments. Payments are set at an amount to be determined by the Auditor.
(1) Subject to approval of the Auditor, ~~any~~ an emergency payment and ~~any~~ a routine, regularly scheduled payment, including, but not limited to, utility payments, contracts and real property rental fees, may exceed this limit by an amount to be determined by the Auditor.
(2) The council, commission and ~~any~~ a governing board of a state institution of higher education may use a purchasing card for travel expenses directly related to the job duties of the traveling employee. Where approved by the Auditor, ~~such~~ the expenses may exceed $5000 by an amount to be determined by the Auditor. Traveling expenses may include registration fees and airline and other transportation reservations, if approved by the president of the institution. Traveling expenses may ~~not include fuel or food purchases except, the state institutions of higher education known as Marshall University and West Virginia University may~~ include ~~in traveling expenses the purchase~~ purchases of fuel and food.
(3) The ~~state institutions known as Marshall University and West Virginia University~~ commission, council, and governing boards each shall maintain one purchasing card for use only in a situation declared an emergency by the appropriate chancellor or the institution's president. The Council, Commission and all other institutions shall maintain one purchase card for use only in a situation declared an emergency by the president of the institution and approved by the appropriate chancellor. Emergencies may include, but are not limited to, partial or total destruction of a ~~campus~~ facility; loss of a critical component of utility infrastructure; heating, ventilation or air condition failure in an essential academic building; loss of campus road, parking lot or campus entrance; or a local, regional, or national emergency situation that has a direct impact on the campus.
(e) Notwithstanding ~~the provisions of~~ section ten-f, article three, chapter twelve of this code, or any other provision of this code or law to the contrary, the Auditor shall accept any receiving report submitted in a format utilizing electronic media. The Auditor shall conduct any audit or investigation of the council, commission or ~~any institution~~ governing board at its own expense and at no cost to the council, commission or ~~institution~~ governing board.
(f) The council and the commission each shall maintain a rule in accordance with ~~the provisions of~~ article three-a, chapter twenty-nine-a of this code. The rule shall provide for ~~institutions~~ governing boards individually or cooperatively to maximize their use of any of the following purchasing practices that are determined to provide a financial advantage:
(1) Bulk purchasing;
(2) Reverse bidding;
(3) Electronic marketplaces; and
(4) Electronic remitting.
(g) Each ~~institution shall~~ governing board may establish a consortium with at least one other ~~institution~~ governing board, in the most cost-efficient manner feasible, to consolidate the following operations and student services:
(1) Payroll operations;
(2) Human resources operations;
(3) Warehousing operations;
(4) Financial transactions;
(5) Student financial aid application, processing and disbursement;
(6) Standard and bulk purchasing; and
(7) Any other operation or service appropriate for consolidation as determined by the council or commission.
(h) ~~An institution~~ A governing board may charge a fee to the governing board of each institution for which it provides a service or performs an operation. The fee rate shall be in the best interest of both the institution being served and the governing board providing ~~institution~~ ~~as approved by the council and commission~~ the service.
(i) ~~Any community and technical college, college and university~~ A governing board may provide the services authorized by this section for the benefit of any governmental body or public or private institution.
(j) Each ~~institution~~ governing board shall strive to minimize its number of low-enrollment sections of introductory courses. To the maximum extent practicable, ~~institutions~~ governing boards shall use distance learning to consolidate the course sections. ~~Marshall University, West Virginia University,~~ The council and commission shall report the progress of reductions as requested by the Legislative Oversight Commission on Education Accountability.
(k) ~~An institution~~ A governing board shall use its natural resources and alternative fuel resources to the maximum extent feasible. The ~~institution~~ governing board:
(1) May supply the resources for its own use and for use by ~~any~~ the governing board of any other institution;
(2) May supply the resources to the general public at fair market value;
(3) Shall maximize all federal or grant funds available for research regarding alternative energy sources; and
(4) May develop research parks to further the purpose of this section and to expand the economic development opportunities in the state.
(l) Any cost-savings realized or fee procured or retained by ~~an institution~~ a governing board pursuant to ~~implementation of the provisions of~~ this section is retained by the ~~institution~~ governing board.
(m) ~~The provisions of subsection (b) of this section do not apply to the state institutions known as Marshall University and West Virginia University.~~ Each governing board is authorized, but not required, to ~~comply with the provisions of~~ implement subsections (f), (g) and (h) of this section.
~~(1)~~ ~~The governing boards of Marshall University and West Virginia University, respectively, each shall promulgate a rule on purchasing procedures pursuant to the provisions of~~ ~~section six, article one of this chapter. Neither institution is subject to the rules required by subsection (f) of this section.~~
~~(2)~~ If ~~either~~ a governing board elects to implement ~~the provisions of said~~ subsection (g) of this section, the following conditions apply:
~~(A)~~ (1) The governing board makes the determination regarding any additional operation or service which is appropriate for consolidation without input from the council or commission;
~~(B)~~ (2) The governing board sets the fee charged to ~~any~~ the governing board of the institution for which it provides a service or performs an operation. The fee rate shall be in the best interest of both the institution being served and the governing board providing ~~institution~~ ~~but it~~ the service and is not subject to approval by the council or commission; and
~~(C)~~ (3) The governing board may not implement ~~the provisions of~~ this subdivision in a manner which supercedes the requirements established in section twelve, article three-c of this chapter.
(n) The governing boards of Marshall University and West Virginia University, respectively, each shall promulgate a rule on purchasing procedures in accordance with section six, article one of this chapter.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-1. Legislative intent and purpose.
(a) The intent of the Legislature in enacting this article and articles eight, nine and nine-a of this chapter is to establish a statewide, integrated human resources structure capable of, but not limited to, meeting the following objectives:
(1) Providing benefits to the citizens of the State of West Virginia by supporting the public policy agenda as articulated by state policymakers;
(2) Assuring fiscal responsibility by making the best use of scarce resources;
(3) Promoting fairness, accountability, credibility, transparency and a systematic approach to progress (FACTS) in personnel decision-making;
(4) Reducing, or, wherever possible, eliminating arbitrary and capricious decisions affecting employees of higher education organizations as defined in section two, article nine-a of this chapter;
(5) Creating a stable, self-regulating human resources system capable of evolving to meet changing needs;
(6) Providing for institutional flexibility with meaningful accountability;
(7) Adhering to federal and state laws;
(8) Adhering to duly promulgated and adopted rules; and
(9) Implementing best practices throughout the state higher education system.
(b) To accomplish these goals, the Legislature encourages organizations to pursue a human resources strategy which provides monetary and nonmonetary returns to employees in exchange for their time, talents and efforts to meet articulated goals, objectives and priorities of the state, the commission and council, and the organization. The system should maximize the recruitment, motivation and retention of highly qualified employees, ensure satisfaction and engagement of employees with their jobs, ensure job performance and achieve desired results.
§18B-7-2. Definitions.
For the purposes of this article and articles eight, nine and nine-a of this chapter, the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "Benefits" means programs that an employer uses to supplement the cash compensation of employees and includes health and welfare plans, retirement plans, pay for time not worked and other employee perquisites.
(b) "Compensation" means cash provided by an employer to an employee for services rendered.
(c) "Compensatory time" and "compensatory time off" mean hours during which the employee is not working, which are not counted as hours worked during the applicable work week or other work period for purposes of overtime compensation and for which the employee is compensated at the employee's regular rate of pay.
(d) "Employee classification" or "employee class" means those employees designated as classified employees; nonclassified employees, including presidents, chief executives and top level administrators and faculty as these terms are defined in this article and articles eight, nine and nine-a of this chapter.
(e) "Health and welfare benefit plan" means an arrangement which provides any of the following: Medical, dental, visual, psychiatric or long-term health care, life insurance, accidental death or dismemberment benefits, disability benefits or comparable benefits.
(f) "Relative market equity" means the relative market status of each employee classification at an organization falls within five percent of all other employee classifications within the organization for the preceding three-year period.
(g) "Relative market status" means the calculated relationship between the average salary of each employee classification and its peer group.

§18B-7-3. Seniority for full-time classified personnel; seniority to be observed in reducing workforce; preferred recall list; renewal of listing; notice of vacancies.

(a) Definitions for terms used in this section have the meanings ascribed to them in section two, article one of this chapter and section two, article nine of this chapter, except that, unless clearly noted otherwise, this section applies only to an employee:
(1) Who is classified and whose employment, if continued, accumulates to a minimum total of one thousand forty hours during a calendar year and extends over at least nine months of a calendar year; or
(2) Who is transferred involuntarily to a position in nonclassified status for which he or she did not apply. Any classified employee involuntarily transferred to a position in nonclassified status may exercise the rights set out in this section only for positions equivalent to or lower than the last job class the employee held.
(b) All decisions by an organization or its agents concerning reductions in workforce of full-time classified employees, whether by temporary furlough or permanent termination, shall be made in accordance with this section.
(1) For layoffs by classification for reason of lack of funds or work, or abolition of position or material changes in duties or organization and for recall of employees laid off, consideration shall be given to an employee's seniority as measured by permanent employment in the service of the state system of higher education.
(2) If the organization desires to lay off a more senior employee, it shall demonstrate that the senior employee cannot perform any other job duties held by less senior employees of that organization in the same job class or any other equivalent or lower job class for which the senior employee is qualified. If an employee refuses to accept a position in a lower job class, the employee retains all rights of recall provided in this section.
(3) If two or more employees accumulate identical seniority, the priority is determined by a random selection system established by the employees and approved by the organization.
(c) Each employee laid off during a furlough or reduction in workforce is placed upon a preferred recall list and is recalled to employment by the organization on the basis of seniority.
(1) An employee's listing with an organization remains active for a period of one calendar year from the date of termination or furlough or from the date of the most recent renewal. If an employee fails to renew the listing with the organization, the employee's name may be removed from the list.
(2) An employee placed upon the preferred recall list shall be recalled to any position opening by the organization within the classifications in which the employee had previously been employed or to any lateral position for which the employee is qualified.
(3) An employee on the preferred recall list does not forfeit the right to recall by the organization if compelling reasons require the employee to refuse an offer of reemployment by the organization.
(d) The organization shall notify all employees maintaining active listings on the preferred recall list of all position openings that periodically exist.
(1) The notice shall be sent by certified mail to the last known address of the employee. It is the duty of each employee listed to notify the organization of any change in address and to keep the listing with the organization current.
(2) A position opening may not be filled by the organization, whether temporary or permanent, until all employees on the preferred recall list have been properly notified of existing vacancies and have been given an opportunity to accept reemployment.
(e) A nonexempt classified employee is one to whom the provisions of the federal Fair Labor Standards Act, as amended, apply. A nonexempt classified employee, who applies and meets the minimum qualifications for a nonexempt job opening at the organization where currently employed, whether the job is a lateral transfer or a promotion, shall be transferred or promoted before a new person is hired.
(1) This subsection does not apply if the hiring is affected by mandates in affirmative action plans or the requirements of Public Law 101-336, the Americans with Disabilities Act.
(2) This subsection applies to any nonexempt classified employee, including one who has not accumulated a minimum total of one thousand forty hours during the calendar year and one whose contract does not extend over at least nine months of a calendar year.
(3) If more than one qualified, nonexempt classified employee applies, the best-qualified nonexempt classified employee is awarded the position. In instances where the classified employees are equally qualified, the nonexempt classified employee with the greatest amount of continuous seniority at that organization is awarded the position.
(f) In addition to any other information required, applications for employment by personnel governed by this section shall include each applicant's social security number.
(g) Regardless of the level of seniority for an employee, for the purposes of this section in the case of a reduction in force:
(1) An employee at an organization under the jurisdiction of the council may not displace an employee of an organization under the jurisdiction of the commission.
(2) An employee at an organization under the jurisdiction of the commission may not displace an employee of an organization under the jurisdiction of the council.
(3) An employee performing a dual service for a formerly administratively linked community and technical college and a former sponsoring institution under the jurisdiction of the commission is an employee of the institution under the jurisdiction of the commission if that institution receives a fee from the community and technical college for the service performed by the employee.
§18B-7-4. Supplemental health and welfare benefit plans.
(a) An organization may contract for supplemental health and welfare benefit plans for any or all of its employees in addition to the benefits the employees otherwise receive.
(b) An organization may make additional periodic deductions from the salary payments due employees in the amount they are required to contribute for any supplemental health and welfare plan.

§18B-7-5. Supplemental and additional retirement plans for employees; payroll deductions; authority to match employee contributions; retroactive curative and technical corrective action.

(a) Any reference in this code to the "additional retirement plan" relating to state higher education employees, means the "higher education retirement plan" provided in this section. Any state higher education employee participating in a retirement plan upon the effective date of this section continues to participate in that plan and may not elect to participate in any other state retirement plan. Any retirement plan continues to be governed by the provisions of law applicable on the effective date of this section.
(b) The commission, on behalf of the council, governing boards and itself, shall contract for a retirement plan for their employees, to be known as the "Higher Education Retirement Plan". The commission, council and governing boards shall make periodic deductions from the salary payments due employees in the amount they are required to contribute to the Higher Education Retirement Plan, which deductions shall be six percent.
(c) The commission, council and governing boards may contract for supplemental retirement plans for any or all of their employees to supplement the benefits employees otherwise receive. The commission, council and governing boards may make additional periodic deductions from the salary payments due the employees in the amount they are required to contribute for the supplemental retirement plan.
(d) An organization, by way of additional compensation to their employees, shall pay an amount, which, at a minimum, equals the contributions of the employees into the higher education retirement plan from funds appropriated to the commission, council or governing board for personal services.
(e) As part of an overall compensation plan, the commission, council or a governing board, each at its sole discretion, may increase its contributions to any employee retirement plan to an amount that exceeds the contributions of employees.
(f) Each participating employee has a full and immediate vested interest in the retirement and death benefits accrued from all the moneys paid into the Higher Education Retirement Plan or a supplemental retirement plan for his or her benefit. Upon proper requisition of a governing board, the commission or council, the Auditor periodically shall issue a warrant, payable as specified in the requisition, for the total contributions so withheld from the salaries of all participating employees and for the matching funds of the commission, council or governing board.
(g) Any person whose employment commences on or after July 1, 1991, and who is eligible to participate in the Higher Education Retirement Plan, shall participate in that plan and is not eligible to participate in any other state retirement system: Provided, That the foregoing provision does not apply to a person designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code. The additional retirement plan contracted for by the governing boards prior to July 1, 1991, remains in effect unless changed by the commission. Nothing in this section considers employees of the council or governing boards as employees of the commission, nor is the commission responsible or liable for retirement benefits contracted by, or on behalf of, the council or governing boards.
§18B-7-6. Continuing education and professional development.
(a) Each higher education organization shall establish and operate an employee continuing education and development program under a joint rule or rules promulgated by the commission and council in accordance with article three-a, chapter twenty-nine-a of this code. Funds allocated or made available for employee continuing education and development may be used to compensate and pay expenses for faculty or classified employees pursuing additional academic study or training to equip themselves better for their duties.
The rules shall encourage continuing education and staff development and shall require that employees be selected on a nonpartisan basis using fair and meaningful criteria which afford all employees opportunities to enhance their skills. These rules also may include reasonable provisions for the continuation or return of any faculty or classified employee receiving the benefits of the education or training, or for reimbursement by the state for expenditures incurred on behalf of the faculty member or classified employee.
(b) Subject to legislative appropriation therefor, the commission and council shall provide additional, regular, training and professional development for employees engaged in human resources-related activities at all organizations. The training and professional development:
(1) Shall be mandatory with appropriate consideration given to limiting travel demands on employees; and
(2) Shall be in addition to and may not supplant the training and professional development regularly provided to any class of employees by each organization prior to the effective date of this section.
§18B-7-7. Employment practices.
(a) Each governing board, with the advice and assistance of the staff council, shall promulgate and adopt a rule regarding the role of part-time classified employees. The rule shall discourage the hiring of part-time employees solely to avoid the payment of benefits or in lieu of full-time employees and shall provide all qualified classified employees who hold nine-month or ten-month contracts with the opportunity to accept part-time or full-time summer employment before new persons are hired for the part-time or full-time employment.
(b) Each governing board, with the advice and assistance of the staff councils and other groups representing classified employees, shall promulgate and adopt a rule in accordance with section six, article one of this chapter that discourages temporary, nonemergency, institutionally-imposed changes in an employee's work schedule; that maintains reasonable continuity in working schedules and conditions for employees; and that requires institutions to consider feasible and innovative ways to use the institution's classified employees most efficiently. These innovations may include, but are not limited to, flexibility in employee scheduling, job-sharing and four-day work weeks.
§18B-7-8. Reporting.
(a) Implementation reports. --
For the fiscal years commencing on July 1, 2011, and July 1, 2012, the commission and council jointly shall report to the Legislative Oversight Commission on Education Accountability once during each six-month period on their progress in designing, developing, implementing and administering the personnel classification and compensation system established by this article and articles eight, nine and nine-a of this chapter. The initial report is due December 1, 2011, and shall include, but is not limited to, the following information:
(1) A summary of findings generated by the human resources review conducted pursuant to section nine of this article;
(2) Documentation of professional staffing changes made in compliance with section two-a, article four of this chapter;
(3) A systematic plan, including a time line, for designing, developing, and implementing the classification and compensation system contained in this article and articles eight, nine and nine-a of this chapter;
(4) An explanation of the research design and time line for completing studies identified in section sixteen of this article;
(5) An assessment of progress made by the governing boards toward achieving full funding of the temporary classified employees' salary schedule pursuant to section three, article nine of this chapter;
(6) Detailed data disaggregated by organization and employee category or classification, comparing funding for salaries of faculty, classified employees and nonclassified employees as a percentage of the average funding for each of these classes or categories of employees among the organization's peers, in regional or national markets, as appropriate, and among similar organizations within the state systems of public higher education;
and
(7) Other data requested by the Legislature or considered appropriate by the commission or council.
(b) Annual personnel reports. --
(1) No later than December 1, 2013, and annually thereafter, the commission and council shall report to the Legislative Oversight Commission on Education Accountability addressing the following issues:
(A) Progress made by organizations toward achieving full funding of the temporary classified employees' salary schedule pursuant to section three, article nine of this chapter; and
(B) Detailed data disaggregated by organization and employee category or classification, comparing funding for salaries of faculty, classified employees and nonclassified employees as a percentage of the average funding for each of these classes or categories of employees among the organization's peers, in the state, region or national markets, as appropriate, and among similar organizations within the state systems of public higher education.
(2) The commission and council shall prepare a human resources report card summarizing the performance of organizations on key human resources measures. The report card shall be presented to the Legislative Oversight Commission on Education Accountability no later than December 1, 2012, and annually thereafter, and shall be made available to the general public. At a minimum, the human resources report card shall contain the following data:
(A) Human resources department metrics by organization:
(i) Number of human resources staff;
(ii) Ratio of human resources staff to total number of full- time equivalent employees;
(iii) Percentage of human resources staff functioning in supervisory roles and percentage in administrative roles;
(iv) Number of positions reporting to the head of human resources;
(v) Areas of human resources functions outsourced to external entities;
(vi) Total expenses per full-time equivalent employee;
(vii) Tuition revenue per full-time equivalent employee.
(B) Human resources expense data:
(i) Ratio of human resources expenses to operating expenses;
(ii) Ratio of human resources expenses to number of full-time equivalent employees; and
(iii) Total human resources expense per organization employee.
(C) Compensation data:
(i) Average amount of annual salary increase per full-time equivalent organization employee;
(ii) Total amount of organization employee salaries as a percent of operating expenses;
(iii) Total amount of organization employee benefit costs as a percent of cash compensation.
(D) System metrics:
(i) Comparisons of faculty salaries at each organization to market averages;
(ii) Comparisons of classified and nonclassified employee salaries at each organization to current market averages;
(E) An account of the total amount, type of training or professional development provided, the number of employees who participated and the overall cost of the training and professional development provided to employees pursuant to section six of this article; and
(F) Other measures the commission or council considers appropriate to assist policymakers in evaluating the degree of success in implementing best human resources practices by higher education organizations.
(c) Job classification system report. --
By July 1, 2014, and at least once within each five-year period thereafter, the commission and council jointly shall review the effectiveness of the system for classifying jobs and submit an in- depth report to the Legislative Oversight Commission on Education Accountability. The report shall include, but is not limited to, findings, recommendations and supporting documentation regarding the following job classification issues:
(A) The effectiveness of the point factor methodology and a determination of whether it should be maintained; and
(B) The status of the job evaluation plan, including the factors used to classify jobs or their relative values, and a determination of whether the plan should be adjusted.
(d) It is the responsibility of the head of human resources for each organization to prepare and submit to the president or chief executive officer all human resources data requested by the commission and council. The president or executive officer of each organization shall submit the requested data at times established by the commission and council.
(e) In meeting reporting requirements established by this article and articles eight, nine and nine-a of this chapter:
(1) The commission and council shall use the most recent data available and, as appropriate, shall benchmark it against national and regional markets or peer data; and
(2) With the exception of the semiannual implementation reports, the annual human resources report card and any other report designated as due no later than a date certain, the commission and council may combine two or more personnel reports if the dates on which they are due to the Legislature fall within a sixty-day period.
§18B-7-9. Human resources reviews.
(a) The commission and council jointly shall conduct an initial human resources review of each organization to be carried out, subject to legislative appropriation, by an external vendor possessing experience and expertise in conducting these reviews. The initial review shall be completed by October 1, 2011, and shall be designed to compare current human resources practices at each organization to best practices, to identify areas of strength or deficiency, to identify functions that should be the responsibility of the human resources department, but are incorrectly assigned or carried out by other offices within each organization, to assist in targeting employee training and development, to determine the degree to which organizations are adhering to state and federal laws related to human resources administration and to provide data necessary to guide policymakers in developing personnel rules and implementing the classification and compensation system.
(b) Following completion of the initial human resources review, the commission and council jointly shall conduct a systematic human resources review of each organization at least once within each five-year period.
(1) The review shall focus on correcting areas of deficiency identified by previous reviews, on compliance with statutory mandates contained in this article and articles eight, nine and nine-a of this chapter and on adherence to personnel rules of the commission and council.
(2) In the absence of special circumstances, the commission and council shall provide organizations with reasonable notice prior to conducting a human resources review and shall identify the subjects to be examined in the review.

§18B-7-10. Compensatory time off in lieu of overtime; written agreement; other conditions.

(a) Notwithstanding any provision of this code to the contrary, in lieu of overtime compensation, employees of higher education organizations may receive compensatory time off at a rate not less than one and one-half hours for each hour of employment. Employees may receive compensatory time only under the following conditions:
(1) The time is awarded pursuant to a written agreement between the employer and the employee arrived at before the work is performed. A written agreement may be modified at the request of the employer or employee, but under no circumstances may changes in the agreement deny an employee compensatory time already acquired;
(2) The time is recorded in the employer's record of hours worked; and
(3) The employee has not accrued compensatory time in excess of the prescribed limits.
(b) An employee may accrue up to four hundred eighty hours of compensatory time if the employee's work is a public safety activity, an emergency response activity or a seasonal activity. An employee engaged in other work may accrue up to two hundred forty hours of compensatory time. An employee who has accrued four hundred eighty or two hundred forty hours of compensatory time, as the case may be, shall be paid overtime compensation for additional hours of work. If compensation is paid to an employee for accrued compensatory time, the compensation shall be paid at the regular rate earned by the employee at the time the employee received the payment.
(c) If employment is terminated, an employee who has accrued compensatory time pursuant to this section, shall be paid for the unused compensatory time at a rate of compensation not less than the higher amount calculated using one of the following formulas:
(1) The average regular rate received by the employee during the first three years of the employee's employment; or
(2) The final regular rate received by the employee.
(d) An employee who has accrued compensatory time as authorized by this section, and who has requested the use of compensatory time, shall be permitted by the employer to use this time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operation of the employing agency. Compensatory time must be used within one year from the time it is accrued.

§18B-7-11. Employees designated as nonclassified; limits; exceptions; reports required.

(a) Notwithstanding any provision of this code to the contrary, by July 1, 2015, the percentage of personnel placed in the category of "nonclassified" at a higher education organization may not exceed twenty percent of the total number of classified and nonclassified employees of that organization as those terms are defined in section two, article nine-a of this chapter and who are eligible for membership in a state retirement system of the State of West Virginia or other retirement plan authorized by the state.
A higher education organization which has more than twenty percent of its employees placed in the nonclassified category as defined by this subsection on July 1, 2011, shall reduce the number of nonclassified employees to no more than twenty-five percent by July 1, 2013, and to no more than twenty percent by July 1, 2015, except as set forth in subsections (b) and (c) of this section.
(b) For the purpose of determining the ratio of nonclassified employees pursuant to this section, the following conditions apply:
(1) Employees of the commission and the chancellor for higher education and employees of the council and the chancellor for community and technical college education are considered as one organization;
(2) Organizations may count as faculty or classified employees, respectively, administrators who retain the right to return to faculty or classified employee positions; and
(3) Athletic coaches are excluded from calculation of the ratio. The commission and the council shall include consideration of this employee category in each review required by section nine of this article and shall monitor organizations' use of this category and include this information in the reports required by subsections (a) and (b), section eight of this article.
(c) An organization may place up to twenty-five percent of the total number of classified and nonclassified employees of that organization as defined by this section in the nonclassified category under the following conditions:
(1) The governing board of an institution votes to approve any percentage or fraction of a percentage number above twenty percent and seeks and receives the approval of the commission or council, as appropriate, before increasing the total above twenty percent.
(2) In the case of personnel employed by the commission and the council, the chancellors jointly shall agree to increase the percentage number or fraction of a number of nonclassified employees beyond twenty percent and shall recommend this action to their respective boards for approval.
(A) The commission and council each shall approve or disapprove the increase and shall include the vote, as well as details of the position and justification for placing the position in the nonclassified category, in its minute record.
(B) The number of nonclassified personnel may not be increased above twenty percent unless the increase is approved by both the commission and the council.
(2) Powers and duties of Commission and Council regarding nonclassified staff ratios. --
(A) It is the duty of the commission and council jointly to establish criteria for the purpose of making decisions on approving or disapproving requests by organizations to exceed the twenty percent limit for personnel placed in the nonclassified category;
(B) The commission and council shall provide technical assistance to organizations under their respective jurisdictions in collecting and interpreting data to ensure that they fulfill the requirements established by this section. Consideration of these issues shall be made part of each review required by section nine of this article and information from the review included in the reports required by subsections (a) and (b), section eight of this article;
(C) The chancellors shall monitor the progress of the organizations in meeting the deadlines established in this section and shall report periodically to the council and commission. The commission and council shall make a preliminary compliance report to the Legislative Oversight Commission on Education Accountability by September 1, 2013, and a final report on organization compliance to that body by September 1, 2015.
(D) Subject to a joint recommendation by the commission and the council and subsequent affirmative action by the Legislature to extend the authority beyond the specified date of termination, the authority of an organization to place more than twenty percent of its personnel in the nonclassified category pursuant to this section expires on July 1, 2016.
(d) The current annual salary of a nonclassified employee may not be reduced if his or her position is redefined as a classified position solely to meet the requirements of this section. If such a nonclassified employee is reclassified, his or her salary does not constitute evidence of inequitable compensation in comparison to other employees in the same paygrade.

§18B-7-12. Additional employment by mutual agreement; agreement to be filed with governing board.

In accordance with duly promulgated rules of the governing board and the commission or council, as appropriate, the president of an organization, or his or her designated representative, and a classified employee at the organization may agree mutually on duties to be performed by the employee in addition to those duties listed in the job description. The written agreement shall describe the additional duties to be performed, the length of time the agreement shall be in force and the additional compensation to be paid. These terms and conditions shall be agreed upon by the president and the classified employee and shall be signed by both parties to the agreement and filed with the appropriate governing board.
§18B-7-13. Probationary employment period; evaluation.
Each full-time classified employee hired by an organization shall serve an initial probationary period of six months. At the end of the probationary period, the employee shall receive a written evaluation of his or her performance. The employee's supervisor shall meet with the employee and explain the contents of the evaluation and whether the employee is being offered regular employment.

§18B-7-14. Higher education employees' catastrophic leave bank and leave transfer.

(a) For the purposes of this section, "employee" means either of the following:
(1) A classified or nonclassified employee who is employed by a higher education governing board, by the commission or by the council; or
(2) A faculty member, as defined in section one, article eight of this chapter, who is eligible to accrue sick leave.
(b) An employee may donate sick and annual leave to a leave bank established and operated in accordance with subsection (d) of this section or directly to another employee in accordance with subsection (e) of this section. No employee may be compelled to donate sick or annual leave. Any leave donated by an employee pursuant to this section shall be used only for the purpose of catastrophic illness or injury as defined in subsection (c) of this section and shall reduce, to the extent of such donation, the number of days of annual or sick leave to which the employee is entitled.
(c) For the purpose of this section, a catastrophic illness or injury is one that is expected to incapacitate the employee and create a financial hardship because the employee has exhausted all sick and annual leave and other paid time off. Catastrophic illness or injury also includes an incapacitated immediate family member as defined by a governing board, the commission or the council, as appropriate, if this results in the employee being required to take time off from work for an extended period of time to care for the family member and if the employee has exhausted all sick and annual leave and other paid time off.
(d) A leave bank or banks may be established at each state institution of higher education, the commission or the council to which employees may donate either sick or annual leave. The bank or banks may be established jointly by the policy commission and the governing boards or may be established for the commission, the council, and each of the governing boards. Sick or annual leave may be deposited in the leave bank, and shall be reflected as a day-for- day deduction from the sick or annual leave balance of the depositing employee.
Donated leave may be withdrawn by any employee experiencing a catastrophic illness or injury when the following conditions are met:
(1) The president of the institution or the chancellor of the commission or the council, as appropriate, verifies that the employee is unable to work due to the catastrophic illness or injury; and
(2) The president of the institution or a chancellor, as appropriate, approves the withdrawal and provides written notice to the personnel office.
The withdrawal shall be reflected as a day-for-day addition to the leave balance of the withdrawing employee.
(e) Sick or annual leave may be donated to an employee experiencing a catastrophic illness or injury. The leave shall be donated at the request of the employee after appropriate verification that the employee is unable to work due to the catastrophic illness or injury as determined by the president of the institution or the appropriate chancellor. When transfer of sick or annual leave is approved by the president of the institution or the appropriate chancellor, any employee may donate sick or annual leave in one-day increments by providing written notice to the personnel office. Donations shall be reflected as a day-for-day deduction from the sick or annual leave balance of the donating employee. An employee receiving the donated sick or annual leave shall have any time which is donated credited to his or her account in one-day increments and reflected as a day-for-day addition to the leave balance of the receiving employee.
(f) Use of donated credits may not exceed a maximum of twelve continuous calendar months for any one catastrophic illness or injury.
(1) The total amount of sick or annual leave withdrawn or received may not exceed an amount sufficient to ensure the continuance of regular compensation and may not be used to extend insurance coverage pursuant to section thirteen, article sixteen, chapter five of this code.
(2) An employee withdrawing or receiving donations of sick or annual leave pursuant to this section shall use any leave personally accrued on a monthly basis prior to receiving additional donated sick or annual leave.
(g) Donated sick or annual leave deposited in an institutional leave bank or transferred under subsection (d) of this section may be inter-institutional in accordance with the policies of the appropriate governing board. Each institution, the commission or the council is responsible for the administration of the sick or annual leave deposits, withdrawals and transfers of its employees. Rules implementing the provisions of this section may be adopted jointly or separately by the governing boards, the commission or the council in accordance with section six, article one of this chapter and, in the case of the commission and council, in accordance with article three-a, chapter twenty-nine-a of this code.
§18B-7-15. Merit increases.
Higher education organizations may grant merit increases which are in accordance with this article and articles eight, nine and nine-a of this chapter and with duly promulgated rules of the commission and council.
§18B-7-16. Study of employment practices.
(a) The commission and council shall study the following issues relating to employment practices:
(1) Developing a fair and rational policy based upon best human resources practices for covering reductions in force, furloughs and other issues relating to seniority including determining how employees shall be treated whose salaries are derived from funds other than state appropriations;
(2) Determining the advantages and disadvantages of maintaining the internal preferences for hiring, promoting and transferring classified employees;
(3) Collecting and analyzing data and developing recommendations on the advantages and disadvantages of outsourcing certain functions at the organization level. The data shall include, but are not limited to, the following items:
(A) A current database of outsourcing practices followed by each organization including procedures or rules developed to inform policy decisions;
(B) The total number, disaggregated by organization, of positions or services being outsourced or filled by temporary employees;
(C) The amount of actual cost savings, if any, that are realized or may be realized as a direct result of organizations' outsourcing decisions;
(4) Recommending a rational, uniform policy to determine the status of employees whose positions are funded, in whole or in part, by an external grant or contract from a federal, state or local government or a private entity.
(b) The commission and council shall complete the work and report their findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate the recommendations, to the Legislative Oversight Commission on Education Accountability no later than January 1, 2012.
ARTICLE 8. HIGHER EDUCATION FACULTY.
§18B-8-1. Definitions.
As used in this article:
(a) "Academic rank", "rank" or "faculty rank" means the position held by a faculty member as determined by the president, consistent with a rule promulgated and adopted by the governing board, and includes the positions of professor, associate professor, assistant professor and instructor. All other ranks are excluded from the provisions of this article.
(b) "Salary" means the total nine-month or ten-month salary paid from state funds to a full-time faculty member, or if the employment period is other than nine or ten months, the total salary adjusted to a nine-month base salary;
(c) "Full-time faculty" means a faculty member so designated by the president, consistent with the duly promulgated and adopted rule of the appropriate governing board, and those persons with faculty rank who have research or administrative responsibilities.

§18B-8-2. Faculty salary rules; salary increase upon promotion in rank.

(a) Each governing board shall promulgate and adopt a faculty salary rule in accordance with section six, article one of this chapter which furthers the goals of attracting, retaining and rewarding high quality faculty. Faculty salary increases shall be distributed within each organization in accordance with the faculty salary rule.
(b) The salary of a full-time faculty member may not be reduced by the provisions of this article.
(c) The faculty salary rule shall pursue the following goals:
(1) The salary of each full-time faculty member within a discipline group is competitive with those in similar disciplines at peer institutions;
(2) Faculty are recognized for outstanding performance;
(3) Equity among salaries is maintained; and
(4) The faculty at each institution are involved effectively in the administration of the faculty salary rule.
(d) Each faculty member shall receive a salary increase of at least ten percent when he or she is promoted in rank.
§18B-8-3. Authority to grant sabbatical leave.
A governing board may grant sabbatical leave to a faculty member at the state institution of higher education under its jurisdiction for the purpose of permitting him or her to engage in graduate study, research or other activities calculated to improve teaching ability. A governing board may grant a request for sabbatical leave only in accordance with the uniform rule it has promulgated and adopted. A governing board may not adopt a rule which provides for granting sabbatical leave to a faculty member who has served fewer than six years at the institution where presently employed, nor which provides for leave for more than one half the contract period at full pay or for a full contract period at half pay. A faculty member receiving a sabbatical leave is required to return and serve the institution granting the leave for at least one year or to repay to the institution the compensation received during leave. A faculty member returning from leave shall be reinstated at the academic rank held immediately prior to taking sabbatical leave unless he or she is promoted to a higher rank and is entitled to the salary and any salary increases appropriate to his or her rank and years of experience. The compensation for a faculty member on sabbatical leave is paid by the institution where employed from its regular personal services appropriations.

§18B-8-4. Effect of leave of absence on academic tenure, rank, etc.

(a) Notwithstanding any provision of law to the contrary, a tenured professional at a state institution of higher education who is absent from duties at the institution to accept employment in a nonelected governmental capacity is afforded the benefits of academic tenure, rank and position as if he or she had remained continuously in the position retained and held at the institution immediately preceding the absence if the following conditions are met:
(1) The absence is approved by the president of the state institution of higher education by which the professional is employed;
(2) The leave of absence does not exceed two years; or
(3) If the leave of absence extends for more than two years, the president requests approval from the governing board for the absence in writing each year and the board approves each request up to eight full years.
(b) An individual who remains in governmental employment with leave granted in accordance with this section forfeits all rights to academic tenure, rank and position formerly held at the employing institution at the end of the eighth year of government employment.

§18B-8-5. Notice to probationary faculty members of retention or nonretention; hearing.

(a) For the purposes of this section, "probationary faculty member" means the definition adopted in a joint rule promulgated by the commission and council. The rights provided to probationary faculty members by this section are in addition to, and not in lieu of, other rights afforded to them by other rules and other provisions of law.
(b) The president of each state institution of higher education shall give written notice concerning retention or nonretention for the ensuing academic year to a probationary faculty member not later than March 1.
(c) If a probationary faculty member who is not retained so requests, the president or his or her designee shall inform the probationary faculty member by certified mail within ten days of the reasons for nonretention. A probationary faculty member who desires to appeal the decision may proceed to level three of the grievance procedure established in article two, chapter six-c of this code. If the administrative law judge decides that the reasons for nonretention are arbitrary, capricious or without a factual basis, the faculty member shall be retained for the ensuing academic year.

§18B-8-6. Faculty employment practices; campus administrators required to teach or perform research.

Each governing board, with the advice and assistance of the faculty senate, shall promulgate and adopt a rule in accordance with section six, article one of this chapter addressing the following issues:
(a) Defining an appropriate balance between full-time and adjunct faculty members and the appropriate role of adjunct faculty; and
(b) Requiring each administrator on each campus who holds faculty rank to teach at least one course during each eighteen-month employment period or to perform on-going research in lieu of teaching.
ARTICLE 9. TEMPORARY CLASSIFIED EMPLOYEE SALARY SCHEDULE; CLASSIFICATION AND COMPENSATION SYSTEM.

§18B-9-1. Legislative purpose and intent.
(a) The purpose of the Legislature in enacting this article is to require the commission and council jointly to implement, control, supervise and manage a complete, uniform system of personnel classification and compensation in accordance with the provisions of this article for classified employees at higher education organizations.
(b) It is the intent of the Legislature to require each higher education organization to achieve full funding of the salary schedule established in section three of this article. A higher education organization, as defined in section two, article nine-a of this chapter, is subject to the provisions of this article until full funding is reached.
(c) It is further the intent of the Legislature to encourage strongly that each organization dedicate a portion of future tuition increases to fund the classified salary schedule and, after full funding of the salary schedule is achieved, to move toward meeting salary goals for faculty, classified and nonclassified employees.
§18B-9-2. Definitions.
The following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "Classified employee" or "employee" means a regular full- time or regular part-time employee of an organization who holds a position that is assigned a particular job title and pay grade in accordance with the personnel classification and compensation system established by this article or by the commission and council;
(b) "Job description" means the specific listing of duties and responsibilities as determined by the appropriate governing board, the commission or council and associated with a particular job title;
(c) "Job title" means the name of the position or job as defined by the commission and council;
(d) "Pay grade" means the number assigned by the commission and council to a particular job title and refers to the vertical column heading of the salary schedule established in section three of this article;
(e) "Personnel classification system" means the process of job categorization adopted by the commission and council jointly by which job title, job description, pay grade and placement on the salary schedule are determined;
(f) "Salary" means the amount of compensation paid through the State Treasury per annum, excluding those payments made pursuant to section two, article five, chapter five of this code, to an organization employee;
(g) "Schedule" or "salary schedule" means the grid of annual salary figures established in section three of this article; and
(h) "Years of experience" means the number of years a person has been an employee of the State of West Virginia and refers to the horizontal column heading of the salary schedule established in section three of this article. For the purpose of placement on the salary schedule, employment for nine months or more equals one year of experience, but a classified employee may not accrue more than one year of experience during any given fiscal year. Employment for less than full time or for fewer than nine months during any fiscal year shall be prorated. In accordance with rules established by the commission and council jointly, a classified employee may be granted additional years of experience not to exceed the actual number of years of prior, relevant work or experience at accredited institutions of higher education other than state institutions of higher education.

§18B-9-3. Temporary higher education classified employee annual salary schedule.

(a) There is hereby continued a temporary state annual salary schedule for classified employees consisting of a minimum annual salary for each pay grade in accordance with years of experience. Nothing in this article guarantees payment to a classified employee of the salary indicated on the schedule at the actual years of experience. The minimum salary herein indicated shall be prorated for classified employees working fewer than thirty-seven and one- half hours per week. For the purposes of this article and article nine-a, despite any differences in salaries that may occur, a classified employee is equitably compensated in relation to other classified employees in the same pay grade if the following conditions exist:
(1) His or her annual salary is at least the minimum salary that was required for his or her pay grade and years of experience on July 1, 2001, on the salary schedule included in this section; and
(2) Progress is being made by the institution in meeting the salary goals set out in this article and article nine-a.
(b) Nothing in this section requires an appropriation by the Legislature in excess of the legislative funding priorities as set forth in this chapter.
(c) For purposes of this article, an organization has achieved full funding of the temporary salary schedule established by this section when it provides, in total, one hundred percent of the funds needed to meet the salary funding target as calculated in October, 2010, in a report, required by a prior enactment of this section, and presented to the Legislative Oversight Commission on Education Accountability. Until an organization has achieved full funding as described and has received certification to this effect from the commission or council, as appropriate, the following requirements apply:
(1) Classified salary increases distributed within the organization shall be provided in accordance with the uniform classification and compensation system established by this article and rules of the commission and council and shall be applied toward achieving full funding of the temporary salary schedule; and
(2) An organization may not provide discretionary salary increases, including merit or performance-based increases, to the president or chief executive officer of an organization or to any group or class of employees within the organization, other than classified employees, unless the organization has achieved full funding of the salary schedule established in this section or is making appropriate progress toward achieving full funding of the salary schedule.
(A) This prohibition does not apply to salary increases mandated by law or funded by the Legislature.
(B) For the purposes of subdivision (2) of this subsection, "appropriate progress" has the following meanings:
(i) For governing boards under the jurisdiction of the commission, appropriate progress means an organization has funded at least twenty-five percent of the amount needed to reach full funding of the salary schedule by July 1, 2012 as calculated pursuant to this subsection; has funded at least fifty percent of the calculated amount by July 1, 2013; has funded at least seventy- five percent of the calculated amount by July 1, 2014 and has funded one hundred percent of the calculated amount by July 1, 2015; and
(ii) For governing boards under the jurisdiction of the council, appropriate progress means an organization has funded at least twenty-five percent of the amount needed to reach full funding of the salary schedule by July 1, 2013 as calculated pursuant to this subsection; has funded at least fifty percent of the calculated amount by July 1, 2014; has funded at least seventy-five percent of the calculated amount by July 1, 2015 and has funded one hundred percent of the calculated amount by July 1, 2016.
TEMPORARY HIGHER EDUCATION CLASSIFIED EMPLOYEE
ANNUAL SALARY SCHEDULE
YEARS OF EXPERIENCE

PAY GRADE	0	1	2	3	4	5	6	7	8
1	12,809	13,094	13,385	13,677	13,968	14,274	14,580	14,900	15,221
2	13,465	13,764	14,070	14,376	14,696	15,017	15,352	15,687	16,036
3	14,164	14,478	14,798	15,133	15,483	15,832	16,182	16,546	16,925
4	14,908	15,250	15,599	15,949	16,313	16,692	17,085	17,478	17,872
5	15,696	16,066	16,444	16,837	17,231	17,624	18,046	18,469	18,906
6	16,556	16,954	17,362	17,784	18,207	18,644	19,081	19,547	20,013
7	17,489	17,915	18,352	18,804	19,255	19,721	20,202	20,697	21,192
8	18,495	18,949	19,416	19,896	20,391	20,901	21,411	21,950	22,489
9	19,559	20,056	20,566	21,091	21,615	22,168	22,722	23,290	23,887
10	19,916	20,421	20,938	21,484	22,029	22,602	23,176	23,763	24,379
11	21,107	21,665	22,239	22,812	23,400	24,015	24,645	25,288	25,945
12	22,436	23,022	23,624	24,253	24,896	25,554	26,225	26,924	27,638
13	23,837	24,477	25,134	25,805	26,505	27,218	27,945	28,701	29,470
14	25,363	26,057	26,771	27,498	28,253	29,022	29,806	30,631	31,470
15	27,015	27,764	28,533	29,330	30,141	30,981	31,834	32,715	33,624
16	28,821	29,624	30,449	31,316	32,197	33,092	34,030	34,981	35,974
17	30,767	31,638	32,533	33,470	34,421	35,400	36,421	37,456	38,519
18	32,868	33,820	34,799	35,806	36,841	37,904	39,009	40,142	41,303
19	37,613	38,718	39,855	41,022	42,219	43,460	44,747	46,064	47,410
20	40,265	41,471	42,712	43,984	45,301	46,647	48,038	49,460	50,941
21	43,171	44,478	45,824	47,216	48,637	50,103	51,614	53,170	54,786
22	46,332	47,754	49,220	50,731	52,272	53,873	55,534	57,224	58,975
23	49,777	51,330	52,931	54,561	56,252	58,002	59,797	61,653	63,568
24	53,552	55,234	56,970	58,750	60,605	62,505	64,465	66,485	68,579
25	57,462	59,483	61,383	63,328	65,348	67,427	69,567	71,781	74,070

PAY GRADE	9	10	11	12	13	14	15
1	15,541	15,876	16,226	16,575	16,939	17,304	17,682
2	16,386	16,750	17,129	17,507	17,886	18,294	18,687
3	17,304	17,697	18,090	18,498	18,920	19,343	19,780
4	18,279	18,702	19139	19,576	20,027	20,493	20,959
5	19,343	19,794	20,260	20,741	21,222	21,717	22,227
6	20,479	20,974	21,469	21,994	22,518	23,057	23,596
7	21,717	22,241	22,780	23,334	23,902	24,484	25,081
8	23,042	23,610	24,193	24,805	25,416	26,043	26,684
9	24,484	25,096	25,737	26,378	27,048	27,732	28,417
10	25,008	25,638	26,295	26,980	27,666	28,379	29,106
11	26,617	27,316	28,015	28,757	29,498	30,267	31,064
12	28,365	29,120	29,890	30,687	31,498	32,323	33,176
13	30,267	31,078	31,918	32,771	33,652	34,561	35,484
14	32,323	33,204	34,114	35,051	36,002	36,981	38,002
15	34,561	35,512	36,505	37,512	38,547	39,624	40,715
16	36,981	38,030	39,093	40,198	41,331	42,492	43,694
17	39,624	40,757	41,918	43,121	44,352	45,611	46,925
18	42,506	43,736	44,995	46,296	47,639	49,023	50,450
19	48,801	50,238	51,719	53,230	54,801	56,416	58,062
20	52,452	54,023	55,623	57,284	58,990	60,755	62,550
21	56,431	58,137	59,902	61,712	63,568	65,482	67,472
22	60,785	62,640	64,555	66,530	68,579	70,674	72,828
23	65,527	67,562	69,656	71,826	74,040	76,344	78,708
24	70,734	72,948	75,237	77,601	80,039	82,552	85,156
25	76,419	78,842	81,356	83,944	86,607	89,360	92,202

§18B-9-4. Classified employee salary; payment beyond salary schedule; conditions.

(a) The current annual salary of a classified employee may not be reduced by the provisions of this article nor by any other action inconsistent with the provisions of this article.
(b) Nothing in this article prohibits promotion of a classified employee to a job title carrying a higher pay grade if the promotion is in accordance with the provisions of this article, the personnel classification and compensation system and personnel rules of the commission and council.
(c) An organization may pay classified employees in excess of the salary established for their pay grade and years of experience indicated on the salary schedule established by section three of this article under the following conditions:
(1) The commission or council, as appropriate, certifies that the organization has achieved full funding; and
(2) The governing board has promulgated and adopted a salary rule in accordance with section six, article one of this chapter and the rules of the commission and council establishing a procedure to ensure that salary increases above the temporary salary schedule are distributed equitably and in a manner that is consistent with the uniform classification and compensation system.
ARTICLE 9A. CLASSIFICATION AND COMPENSATION SYSTEM.
§18B-9A-1. Legislative intent and purpose.
(a) The intent of the Legislature in enacting this article is to establish the classification and compensation system for certain employees of higher education organizations and apply recognized best human resources practices in order to use available resources in the most effective and efficient manner for the benefit of the citizens of West Virginia.
It is further the intent of the Legislature to establish a plan that is fair, accountable, credible, transparent and systematic. In recognition of the importance of these qualities, this article, together with articles seven, eight and nine of this chapter, is designated and may be cited as "FACTs for Higher Education".
(b) In furtherance of the principles described in subsection (a) of this section, the chief purposes of the classification and compensation system are to accomplish the following objectives:
(1) Develop and implement a classification and compensation system that is fair, transparent, understandable, simple to administer, self-regulating and adaptable to meet future goals and priorities;
(2) Provide current, reliable data to governing boards, the commission, the council, the Governor and the Legislature to inform the decision-making process of these policymakers;
(3) Attract well-qualified and diverse job applicants and retain and motivate employees to accomplish the goals, objectives and priorities identified in state law, rules of the commission and council, the statewide master plans for higher education and the institutions' compacts;
(4) Retain and reward employees who make valuable contributions to state and organization goals, objectives and priorities;
(5) Compensate employees within an organization fairly in relation to one another;
(6) Compensate employees across organizations who are performing similar work at similar wage rates;
(7) Compensate employees at levels that are competitive with appropriate external markets and are fiscally responsible;
(8) Improve the process for evaluating jobs, including, but not limited to, mandating training and development in best human resources practices and directing that key terms, job titles and evaluation forms are consistent across organizations; and
(9) Ensure that regular market salary analyses are performed to determine how organization compensation for all classes of employees compares to compensation in relevant external markets.
§18B-9A-2. Definitions.
As used in this article and articles seven, eight and nine of this chapter, the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "Classification system" means the process by which jobs, job titles, career ladders and assignment to pay grades are determined.
(b) "Classified employee" or "employee" means any regular employee of an organization who holds a position that is assigned a particular job and job title within the classification system established by this article, article nine and by duly promulgated and adopted rules of the commission and council.
(c) "Job" means the total collection of tasks, duties and responsibilities assigned to one or more individuals whose work is of the same nature and level.
(d) "Job description" means a summary of the most important features of a job, including the general nature and level of the work performed.
(e) "Job evaluation" means a formal process used to create a job worth hierarchy.
(f) "Job family" means a group of jobs having the same nature of work, but requiring different levels of skill, effort, responsibility or working conditions.
(g) "Job title" means the descriptive name for the total collection of tasks, duties and responsibilities assigned to one or more individuals whose positions have the same nature of work performed at the same level.
(h) "Job worth hierarchy" means the perceived internal value of jobs in relation to each other within an organization.
(i) "Nonclassified employee" means an employee of an organization who holds a position that is not assigned a particular job and job title within the classification system established by this article, article nine, and by duly promulgated and adopted rules of the commission and council and who meets one or more of the following criteria:
(1) Holds a direct policy-making position at the department or organization level; or
(2) Reports directly to the president or chief executive officer of the organization.
(j) "Organization" means the commission, the council, an agency or entity under the respective jurisdiction of the commission or the council or a state institution of higher education as defined in section two, article one of this chapter.
(k) "Pay grade" means the level to which a job is assigned within a job worth hierarchy.
(l) "Point factor methodology" means a quantitative job evaluation process in which elements of a job are given a factor value and each factor is weighted according to its importance.
(m) "Position description" means a summary of the total duties and responsibilities of a position based on factors provided in the position information questionnaire (PIQ).
(n) "Position information questionnaire" or "PIQ" means a tool used in the creation and evaluation of position descriptions and includes the factors of knowledge, experience, complexity and problem solving, freedom of action, scope and effect, breadth of responsibility, intra-systems contacts, external contacts, direct supervision of personnel, indirect supervision of personnel and health, safety and physical considerations.
(o) "Step" means a standard progression in pay rate that is established within a pay grade.
§18B-9A-3. Applicability.
(a) The provisions of this article apply to employees whose employment, if continued, accumulates to a minimum total of one thousand forty hours during a calendar year and extends over at least nine months of a calendar year.
(b) Until the commission or council, as appropriate, has certified that an organization has achieved full funding of the temporary classified employee annual salary schedule or is making appropriate progress toward attaining full funding as defined by section three, article nine of this chapter, the organization is subject to article nine of this chapter and may not exercise flexibility provisions in any area of human resources identified in this chapter or in commission and council rule.

§18B-9A-4. Job classification system; job classification committee established; membership; meetings; powers and duties.

(a) The commission and council jointly shall maintain a uniform system for classifying jobs and positions of organization employees.
(b) Pursuant to the rule authorized in section seven of this article, the commission and council jointly shall establish and maintain a job classification committee.
The rule shall contain the following provisions related to the job classification committee:
(A) A systematic method for appointing committee members who are representative of all the higher education organizations and affected constituent groups including specifically providing for membership selections to be made from nominations from these higher education organizations and affected constituent groups;
(B) A requirement that members be approved by the commission and council before beginning service on the committee;
(C) A requirement that an organization may have no more than two members serving on the committee at any time and the combined membership representing various groups or divisions within or affiliated with an organization in total may not constitute a majority of the membership; and
(D) A requirement that committee members serve staggered terms. One third of the initial appointments shall be for two years, one third for three years and one third for four years. Thereafter, the term is four years. A member may not serve more than four years consecutively.
(c) Powers and duties of the committee include, but are not limited to, the following:
(1) Modifying and deleting jobs and assigning job titles;
(2) Reviewing and revising job titles to make them consistent among organizations, including adopting consistent title abbreviations;
(3) Establishing job worth hierarchies and data lines for each job title;
(4) Classifying jobs, establishing proper pay grades and placing jobs in pay grades consistent with the job evaluation plan;
(5) Determining when new job titles are needed and creating new job titles within the system;
(6) Recommending base pay enhancements for jobs for which the application of point factor methodology produces significantly lower salaries than external market pricing. The committee may exercise this authority only if it reevaluates each job annually to make a determination whether the enhancement should be continued;
(7) Recommending a procedure for performing job family reviews;
(8) Determining appropriate career ladders within the classification system and establishing criteria for career progression; and
(9) Hearing job classification appeals prior to commencement of the formal grievance process pursuant to commission and council rule.
(d) The committee shall meet monthly if there is business to conduct and also may meet more frequently at the call of the chair. A majority of the voting members serving on the committee at a given time constitutes a quorum for the purpose of conducting business.
(e) When evaluating jobs, the committee shall use the following procedure:
(1) Each committee member shall classify each job individually, independently of other members;
(2) The chair shall compile and share the individual evaluations with the whole committee; and
(3) After discussing the issues and resolving differences, the committee shall make a determination of the appropriate classification for each job.
(f) The commission and council shall use a point factor methodology to classify jobs. The commission and council jointly may adjust the job evaluation plan, including the factors used to classify jobs and their relative values, at any time.
(g) No later than July 1, 2012, the commission and council shall have in place an up-to-date job description for every classified job.
(h) The commission and council shall develop a position information questionnaire to be used by all organizations to gather data necessary for classification of positions within the job worth hierarchy.

§18B-9A-5. Compensation planning and review committee established; membership; meetings; powers and duties.

(a) Pursuant to the rule authorized in section seven of this article, the commission and council jointly shall establish and maintain a compensation planning and review committee.
(b) Within the guidelines established in this article and articles seven, eight and nine of this chapter, the committee shall manage all aspects of compensation planning and review that the commission and council jointly delegate to it.
The rule shall contain the following requirements related to the compensation planning and review committee:
(1) A systematic method for appointing committee members who are representative of all the higher education organizations and affected constituent groups including specifically providing for membership selections to be made from nominations from these higher education organizations and affected constituent groups; and
(2) A requirement that members be approved by the commission and council before beginning service on the committee;
(3) A requirement that an organization may have no more than two members serving on the committee at any time and the combined membership representing various groups or divisions within or affiliated with an organization in total may not constitute a majority of the membership; and
(4) A requirement that committee members serve staggered terms. One third of the initial appointments shall be for two years, one third for three years and one third for four years. Thereafter, the term is four years. A member may not serve more than four years consecutively.
(c) The committee shall meet at least quarterly and at other times at the call of the chair. A majority of the voting members serving on the committee at a given time constitutes a quorum for the purpose of conducting business.
(d) An institution may not have a majority of the committee members and the combined membership representing various groups or divisions within or affiliated with an organization in total may not constitute a majority of the membership.
(e) The Compensation Planning and Review Committee has powers and duties which include, but are not limited to, the following:
(1) Making annual recommendations for revisions in the system compensation plan, based on existing economic, budgetary and fiscal conditions or on market study data.
(2) Overseeing the five-year external market salary study;
(3) Overseeing the annual internal market review;
(4) Meeting at least annually with the Job Classification Committee to discuss benchmark jobs to be included in salary surveys, market "hot jobs" that may require a temporary salary adjustment, results of job family reviews, and assessment of current job titles within the classification system for market matches and other issues as the Vice Chancellor for Human Resources, in consultation with the chancellors, determines to be appropriate; and
(5) Performing other duties as assigned by the commission and council or as necessary or expedient to maintain an effective classification and compensation system.
(f) The commission and council may allow the committee to collapse the three lowest pay grades into a single pay grade and provide for employees to be paid at rates appropriate to the highest of the three lowest pay grades.
§18B-9A-6. Salary structure and salary schedules.
(a) The commission and council shall develop and maintain a market salary structure and minimum salary schedules and ensure that all organizations under their respective jurisdictions adhere to state and federal laws and duly promulgated and adopted organization rules.
(b) The commission and council may not delegate any of the following duties to the Compensation Planning and Review Committee or the Job Classification Committee:
(1) Approval of a classification and compensation rule;
(2) Approval of the job evaluation plan;
(3) Approval of the annual market salary schedule; and
(4) Approval of the annual minimum salary schedule.
(c) The market salary structure serves as the basis for the following activities:
(1) Evaluating compensation of classified employees in relation to appropriate external markets; and
(2) Developing the minimum salary schedules to be adopted by the commission and council.
(d) The market salary structure shall meet the following criteria:
(1) Sets forth the number of pay grades and steps to be included in the structure;
(2) Includes a midpoint value for each pay grade which represents the average salary of jobs in that pay grade. The commission and council may choose a midpoint value that is not based exclusively on market salary data; and
(3) Includes minimum and maximum step values based on an established range spread, as well as values for other steps in the salary structure.
(e) The commission and council jointly shall contract with an external vendor to conduct a classified employee market salary study at least once within each five-year period. At the conclusion of the study, the commission and council, in consultation with the Compensation Planning and Review Committee, may take any combination of the following actions:
(1) Adjust the number of pay grades and the point values necessary for a job to be assigned to a particular pay grade;
(2) Adjust the midpoint differentials between pay grades better to reflect market conditions; or
(3) Adjust the range spread for any pay grade.
(f) The commission and council jointly may perform an annual review of market salary data to determine how salaries have changed in the external market. Based on data collected, the commission and council jointly in consultation with the Compensation Planning and Review Committee, shall adjust the market salary structure, if changes are supported by the data. In the absence of a market salary study conducted by an external vendor, the commission and council may not adjust the midpoint differentials between pay grades unless required to do so by a change in minimum wage or other laws and may not adjust the range spread for any pay grade.
(g) Annually, the commission and council may approve a minimum salary schedule that sets forth a compensation level for each step and pay grade below which no organization employee may be paid.
(1) The minimum salary floor for each pay grade and step on the minimum salary schedule is determined by applying the percentage fixed by commission and council rule promulgated pursuant to section seven of this article to the annual market salary data. The commission and council also shall consider the minimum wage and other laws that ensure that employees earn a living wage and shall maintain a salary structure which ensures that the average salary of each class of employees meets relative market equity among employee classes. The commission and council may take into consideration other factors they consider appropriate.
(2) The salary of an employee working fewer than thirty-seven and one-half hours per week shall be prorated.
(h) The organization rule promulgated pursuant to (d), section seven of this article may provide for differential pay for certain employees who work different shifts, weekends or holidays.

§18B-9A-7. Classification and compensation rules required; emergency rule authorized.

(a) Notwithstanding any provision of law or rule to the contrary, the commission and council jointly shall design, develop, implement and administer the personnel system of classification and compensation pursuant to this article and articles seven, eight and nine of this chapter. In developing and designing the system, they shall give careful consideration to the recommendations and supporting documentation contained in the Final Report to the Select Committee on Higher Education Personnel, prepared pursuant to section thirteen, article one-b of this chapter, which was received and approved by the Select Committee on January 11, 2010.
(b) Classification and compensation system rule. --
By November 1, 2011, the commission and council shall propose a joint rule or rules for legislative approval in accordance with article three-a, chapter twenty-nine-a of this code to implement the provisions of this article and articles seven, eight and nine of this chapter. The rule shall establish a classification and compensation system that incorporates best human resources practices and takes into consideration the recommendations of the Legislative Select Committee on Higher Education Personnel. At a minimum, the system rule shall address the areas of organization accountability, employee classification and compensation, performance evaluation and development of organization rules.
(1) Organization accountability. --
The system rule shall provide a procedure for correcting deficiencies identified in the human resources reviews conducted pursuant to section nine, article seven of this chapter. The procedure shall include, but is not limited to, the following components:
(A) Specifying a reasonable time for organizations to correct deficiencies uncovered by a review;
(B) Applying sanctions when major deficiencies are not corrected within the allotted time:
(i) For purposes of this subsection, a major deficiency means an organization has failed to comply with federal or state law or with personnel rules of the commission and council.
(ii) When a major deficiency is identified, the commission or council, as appropriate, shall notify the governing board of the institution in writing, giving particulars of the deficiency and outlining steps the governing board is required to take to correct the deficiency.
(iii) The governing board shall correct the major deficiency within four months and shall notify the commission or council, as appropriate, when the deficiency has been corrected.
(iv) If the governing boards fail to correct the major deficiency or fails to notify the commission or council, as appropriate, that the deficiency has been corrected within a period of four months from the time the governing board receives notification, the commission or council shall apply sanctions as specified:
(I) A formal reprimand shall be placed in the personnel file of each key administrator who shares responsibility and has operational authority in the area of the identified deficiency; and
(II) Other sanctions may include, but are not limited to, suspending new hiring by the organization and prohibiting compensation increases for key administrators who have authority over the areas of major deficiency until the identified deficiencies are corrected.
(C) Certifying that an organization has achieved full funding of the temporary annual classified employee salary schedule or is making appropriate progress toward achieving full funding pursuant to section three, article nine of this chapter.
(2) Employee classification and compensation. --
The system rule shall establish a classification and compensation system to accomplish the following objectives:
(A) Moving classified employees through the classification system based on performance and other objective, measurable factors including education, years of experience in higher education and experience above position requirements;
(B) Achieving and maintaining appropriate levels of employee dispersion across steps;
(C) Assigning each current employee to an initial step for his or her pay grade that is closest to and exceeds his or her current salary regardless of previous education, experience or performance. The rule shall provide that the salary of a current employee may not be reduced by a job reclassification, a modification of the market salary schedule, or other conditions that the commission and the council consider appropriate and reasonable;
(D) Establishing a job worth hierarchy and identifying the factors to be used to classify jobs and their relative values and determining the number of points that are necessary to assign a job to a particular pay grade;
(E) Establishing an objective standard to be used in determining when a job description or a position description is up-to-date;
(F) Providing a procedure whereby a classified employee or a supervisor who believes that changes in the job duties and responsibilities of the employee justify a position review may request that a review be done at any time;
(G) Specifying that the acceptable period that may elapse between the time when an employee files a formal request for a position review and the time when the review is completed may not exceed forty-five days. An organization that fails to complete a review within the specified time shall provide the employee back pay from the date the request for review was received if the review, when completed, produces a reclassification of the position into a job in a higher pay grade;
(H) Providing a procedure by which employees may file appeals of job classification decisions for review by the Job Classification Committee prior to filing a formal grievance. The committee shall render a decision within sixty days of the date the appeal is filed with the commission or the council;
(I) Providing for recommendations from the Compensation Planning and Review Committee and the Job Classification Committee to be considered by the commission and the council and to be included in the legislative reporting process pursuant to section eight, article seven of this chapter; and
(J) Establishing and maintaining the job classification committee mandated in section four of this article.
(3) Performance evaluations. --
The system rule shall provide for developing and implementing a consistent, objective performance evaluation model and shall mandate that training in conducting performance evaluations be provided for all organization personnel who hold supervisory positions.
(c) Emergency rule. --
(1) The Legislature hereby finds that an emergency exists and, therefore, the commission and council shall propose a joint emergency rule or rules by November 1, 2011, in accordance with article three-a, chapter twenty-nine-a of this code to implement the provisions of this article and articles seven, eight and nine of this chapter.
(2) The commission and council shall file the emergency rule or rules with the Legislative Oversight Commission on Education Accountability by the date specified in subdivision (1) of this subsection and may not implement the emergency rule or rules without prior approval.
(d) Organization rules. --
(1) Each organization shall promulgate and adopt a rule or rules in accordance with the provisions of section six, article one of this chapter to implement requirements contained in the classification and compensation system rule or rules of the commission and council. The commission and council shall provide a model personnel rule for the organizations under their jurisdiction and shall provide technical assistance in rulemaking as requested.
(2) The initial organization rule shall be adopted not later than six months following the date on which the commission and council receive approval to implement the emergency rule promulgated pursuant to this section. Additionally, each organization shall amend its rule to comply with mandated changes not later than six months after the effective date of any change in statute or rules, unless a different compliance date is specified within the statute or rule containing the requirements or mandate.
(3) An organization may not adopt a rule under this section until it has consulted with the appropriate employee class affected by the rule's provisions.
(4) If an organization fails to adopt a rule or rules as mandated by this subsection, the commission and council may prohibit it from exercising any flexibility or implementing any discretionary provision relating to human resources contained in statute or in a commission or council rule until the organization's rule requirements have been met.
(5) Additional flexibility or areas of operational discretion identified in the system rule or rules may be exercised only by an organization which meets the following requirements:
(A) Receives certification from the commission or council, as appropriate, that the organization has achieved full funding of the temporary salary schedule or is making appropriate progress toward achieving full funding pursuant to section three, article nine of this chapter;
(B) Promulgates a comprehensive classification and compensation rule as required by this section;
(C) Receives approval for the classification and compensation rule from the appropriate chancellor in accordance with this section; and
(D) Adopts the rule by vote of the organization's governing board.
(6) Notwithstanding any provision of this code to the contrary, each chancellor, or his or her designee, has the authority and the duty to review each classification and compensation rule promulgated by an organization under his or her jurisdiction and to recommend changes to the rule to bring it into compliance with state and federal law, commission and council rules or legislative, commission and council intent. Each chancellor may reject or disapprove any rule, in whole or in part, if he or she determines that it is not in compliance with law or rule or if it is inconsistent with legislative, commission and council intent.

§18B-9A-8. Implementation of classification and compensation system.

(a) Sweeping cultural changes are needed to implement the recommendations of the Select Committee on Higher Education Personnel and the provisions of this article and articles seven, eight and nine of this code. These kinds of changes require dedication and cooperation from all employee classes across the two systems of public higher education, the commission, council and state policymakers. The primary responsibility for implementation, however, rests with the commission and the council who shall provide leadership and assistance to the human resources professionals within each organization to bring about the changes successfully.
(b) The implementation process shall be carried out in incremental steps, some of which may occur simultaneously. The steps include the following:
(1) Communicating with organization employees and administrators to acquaint them with the guiding principles of the classification and compensation system. The principles which undergird the policy changes are designed to promote fairness, accountability, credibility, transparency and a systematic approach to progress (FACTS for Higher Education). The discussion shall explain the origin of changes in law and policy and show how these are the result of four years of study culminating in the findings and recommendations contained in the Final Report to the Select Committee on Higher Education Personnel (January 11, 2010).
(2) Seeking out credentialed, experienced human resources professionals to provide staff support to the commission, council and organizations, pursuant to section two-a, article four of this chapter, who are committed to creating a culture of constant improvement in a complex and rapidly changing environment. These professionals are catalysts to promote the Fair, Accountable, Credible, Transparent, and Systematic (FACTs) principles and to serve the organizations by assisting them in developing and maintaining best human resources practices.
(3) Conducting a review of the human resources function at each organization pursuant to section nine, article seven of this chapter to identify best practices and areas of deficiency.
(4) Developing and implementing employee training and professional development pursuant to section six, article seven of this chapter to assist organization professionals in applying the Fair, Accountable, Credible, Transparent, and Systematic principles to all human resources functions.
(5) Given that the state is considering a unified enterprise resource program, the commission and council shall conduct a study to determine whether a human resources information system capable of meeting a wide range of data requirements to support personnel and policy initiatives is necessary. The findings of the study, along with any recommendations, shall be reported to the Legislative Oversight Commission on Education Accountability by December 1, 2011.
(6) Establishing the Compensation Planning and Review Committee pursuant to section five of this article and the Job Classification Committee pursuant to section four of this article whose members participate and represent a broad range of higher education interests in the decision and policy-making process.
(7) Providing data throughout the implementation process to the Legislative Oversight Commission on Education Accountability to inform state policymakers of progress and to provide a forum for further discussion of higher education personnel issues and employee concerns.

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-1. Enrollment, tuition and other fees at education institutions; refund of fees.

(a) Each governing board shall fix tuition and other fees for each ~~school~~ academic term for the different classes or categories of students enrolling at ~~each~~ the state institution of higher education under its jurisdiction and may include among the tuition and fees any one or more of the following as defined in section one- b of this article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) ~~An institution~~ A governing board may establish a single special revenue account for each of the following classifications of fees:
(1) All tuition and required educational and general fees collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees collected to support existing systemwide and institutional debt service and future systemwide and institutional debt service, capital projects and campus renewal for educational and general facilities.
(4) Subject to any covenants or restrictions imposed with respect to revenue bonds payable from the accounts, ~~an institution~~ a governing board may expend funds from each special revenue account for any purpose for which funds were collected within that account regardless of the original purpose for which the funds were collected.
(c) The purposes for which tuition and fees may be expended include, but are not limited to, health services, student activities, recreational, athletic and extracurricular activities. Additionally, tuition and fees may be used to finance a ~~student's~~ students' attorney to perform legal services for students in civil matters at the institutions. ~~Provided,~~ ~~That~~ The legal services are limited ~~only~~ to those types of cases, programs or services approved by the ~~administrative head~~ president of the institution where the legal services are to be performed.
(d) By October 1, 2011, the commission and council ~~jointly~~ each shall propose a rule for legislative approval in accordance with ~~the provisions of~~ article three-a, chapter twenty-nine-a of this code to govern the fixing, collection and expenditure of tuition and other fees by the governing boards under their respective jurisdictions.
(e) The schedule of all tuition and fees, and any changes in the schedule, shall be entered in the minutes of the meeting of the appropriate governing board and the board shall file with the commission or council, or both, as appropriate, and the Legislative Auditor a certified copy of the schedule and changes.
(f) The governing boards shall establish the rates to be charged full-time students, as defined in section one-b of this article, who are enrolled during a regular academic term.
(1) Undergraduate students taking fewer than twelve credit hours in a regular term shall have their fees reduced pro rata based upon one twelfth of the full-time rate per credit hour and graduate students taking fewer than nine credit hours in a regular term shall have their fees reduced pro rata based upon one ninth of the full- time rate per credit hour.
(2) Fees for students enrolled in summer terms or other nontraditional time periods shall be prorated based upon the number of credit hours for which the student enrolls in accordance with ~~the provisions of~~ this subsection.
(g) All fees are due and payable by the student upon enrollment and registration for classes except as provided in this subsection:
(1) The governing boards shall permit fee payments to be made in installments over the course of the academic term. All fees shall be paid prior to ~~the~~ awarding of course credit at the end of the academic term.
(2) The governing boards also shall authorize the acceptance of credit cards or other payment methods which may be generally available to students for the payment of fees. The governing boards may charge the students for the reasonable and customary charges incurred in accepting credit cards and other methods of payment.
(3) If a governing board determines that a student's finances are affected adversely by a legal work stoppage, it may allow the student an additional six months to pay the fees for any academic term. The governing board shall determine on a case-by-case basis if whether the finances of a student are affected adversely.
(4) The commission and council jointly shall propose a rule in accordance with ~~the provisions of~~ article three-a, chapter twenty- nine-a of this code defining conditions under which ~~an institution~~ a governing board may offer tuition and fee deferred payment plans ~~through the institution~~ itself or through third parties.
(5) ~~An institution~~ A governing board may charge interest or fees for any deferred or installment payment plans.
(h) In addition to the other fees provided in this section, each governing board may impose, collect and distribute a fee to be used to finance a nonprofit, student-controlled public interest research group if the students at the institution demonstrate support for the increased fee in a manner and method established by that institution's elected student government. The fee may not be used to finance litigation against the institution.
(i) ~~Institutions~~ Governing boards shall retain tuition and fee revenues not pledged for bonded indebtedness or other purposes in accordance with the tuition ~~rule~~ rules proposed by the commission and council ~~jointly~~ pursuant to this section. The tuition ~~rule~~ rules shall address the following areas:
(1) ~~Provide~~ Providing a basis for establishing nonresident tuition and fees;
(2) ~~Allow institutions~~ Allowing governing boards to charge different tuition and fees for different programs;
(3) ~~Provide that a board of Governors may~~ Authorizing a governing board to propose to the commission, council or both, as appropriate, a mandatory auxiliary fee under the following conditions:
(A) The fee shall be approved by the commission, council or both, as appropriate, and either the students below the senior level at the institution or the Legislature before becoming effective;
(B) Increases may not exceed previous state subsidies by more than ten percent;
(C) The fee may be used only to replace existing state funds subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy shall be reduced annually by the amount of money generated for the institution by the fees. All state subsidies for the auxiliary services shall cease five years from the date the mandatory auxiliary fee is implemented;
(E) The commission or council or both, as appropriate, shall certify to the Legislature annually by October 1 the amount of fees collected for each of the five years;
(4) ~~Establish~~ Establishing methodology, where applicable, to ensure that, within the appropriate time period under the compact, community and technical college tuition rates for ~~community and technical college~~ students in all ~~independently accredited~~ community and technical colleges will be commensurate with the tuition and fees charged by their peer institutions.
(j) A penalty may not be imposed by the commission or council upon any ~~institution~~ governing board based upon the number of nonresidents who attend the institution unless the commission or council determines that admission of nonresidents to any institution or program of study within the institution is impeding unreasonably the ability of resident students to attend the institution or participate in the programs of the institution. The ~~institutions~~ governing boards shall report annually to the commission or council on the numbers of nonresidents and ~~such~~ any other enrollment information as the commission or council may request.
(k) Tuition and fee increases of the governing boards, ~~except~~ ~~for~~ including the governing boards of ~~the state institutions of higher education known as~~ Marshall University and West Virginia University, are subject to rules adopted by the commission and council ~~jointly~~ pursuant to this section and in accordance with ~~the provisions of~~ article three-a, chapter twenty-nine-a of this code. The commission or council, as appropriate, shall examine individually each request from a governing board for an increase and make its determinations as follows:
~~(1) Subject to the provisions of subdivisions (4) and (8) of this subsection, a governing board of an institution~~ under the jurisdiction of the commission may propose tuition and fee increases of up to nine and one-half percent for undergraduate resident students for any fiscal year. The nine and one-half percent total includes the amount of increase over existing tuition and fees, combined with the amount of any newly established specialized fee which may be proposed by a governing board.
~~(2)~~ A governing board under the jurisdiction of the council may propose tuition and fee increases of up to four and three-quarters percent for undergraduate resident students for any fiscal year, except a governing board may propose increases in excess of four and three-quarters percent if existing tuition and fee rates at the institution are below the state average for tuition and fees at institutions under the jurisdiction of the council. The four and three-quarters percent total includes the amount of increase over existing tuition and fees, combined with the amount of any newly established, specialized fee which may be proposed by a governing board.
~~(3)~~ ~~The commission or council, as appropriate, shall examine individually each request from a governing board for an increase.~~
(4) Subject to the provisions of subdivision (8) of this subsection, the governing boards of Marshall University and West Virginia University, as these provisions relate to the state institutions of higher education known as Marshall University and West Virginia University, each may annually:
~~(A) Increase tuition and fees for undergraduate resident students to the maximum allowed by this section without seeking approval from the commission; and~~
~~(B) Set tuition and fee rates for post-baccalaureate resident students and for all nonresident students, including establishing regional tuition and fee rates, reciprocity agreements or both.~~
(C) The provisions of this subdivision do not apply to tuition and fee rates of 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, the regional ~~campus known as West Virginia University at Parkersburg and, until the first day of July, two thousand seven, the regional campus known as West Virginia University Institute of Technology.~~
~~(5)~~ (1) ~~Any proposed~~ A tuition and fee increase greater than five percent for resident students proposed by a governing board ~~for state institutions of higher education other than~~ ~~the state institutions of higher education known as Marshall University, West Virginia School of Osteopathic Medicine and West Virginia University~~ requires the approval of the commission or council, as appropriate.
(2) A fee used solely for the purpose of complying with the athletic provisions of 20 U.S.C. 1681, et seq., known as Title IX of the Education Amendment of 1972, is exempt from the limitations on fee increases set forth in this subsection for three years from the effective date of the section.
(3) In determining whether to approve or deny ~~the~~ a governing board's request for a tuition and/or fee increase for resident students greater than the increases granted pursuant to subdivision (1) of this subsection, the commission or council shall determine the progress the ~~institution~~ governing board has made toward meeting the conditions outlined in this ~~subdivision~~ subsection and shall make this determination the predominate factor in its decision. The commission or council shall consider the degree to which each ~~institution~~ governing board has met the following conditions:
(A) ~~Has Maximized~~ Maximizes resources available through nonresident tuition and fee charges to the satisfaction of the commission or council;
(B) ~~Is consistently achieving~~ Consistently achieves the benchmarks established in the compact ~~of the institution~~ pursuant to ~~the provisions of~~ article ~~one-a~~ one-d of this chapter;
(C) ~~Is continuously pursuing~~ Continuously pursues the statewide goals for post-secondary education and the statewide compact established in ~~articles one and one-a~~ of this chapter;
(D) ~~Has demonstrated~~ Demonstrates to the satisfaction of the commission or council that an increase will be used to maintain high-quality programs at the institution;
(E) ~~Has demonstrated~~ Demonstrates to the satisfaction of the commission or council that the ~~institution~~ governing board is making adequate progress toward achieving the goals for education established by the southern regional education board;
(F) ~~To the extent authorized, will increase~~ ~~by up to five percent the available tuition and fee waivers provided by the institution. The increased waivers may not be used for athletics.~~ Demonstrates to the satisfaction of the commission or council that the governing board has considered the average per capita income of West Virginia families and their ability to pay for any increases; and
(G) Demonstrates to the satisfaction of the commission or council that base appropriation increases have not kept pace with recognized nation-wide inflationary benchmarks;
(6) (5) This section does not require equal increases among ~~institutions or~~ governing boards nor does it require any level of increase ~~at an institution~~ by a governing board.
~~(7)~~ (6) The commission and council shall report to the Legislative Oversight Commission on Education Accountability regarding the basis for approving or denying each ~~approval or denial~~ request as determined using the criteria established in ~~subdivision (5) of~~ this subsection.
~~(8)~~ ~~Notwithstanding the provisions of subdivisions (1) and (4) of this subsection, tuition~~ ~~and fee increases at state institutions of higher education which are under the jurisdiction of the commission, including the state institutions of higher education known as~~ ~~Marshall University and West Virginia University, are subject to the following conditions:~~
~~(A) Institutions~~ may increase tuition and fees for resident, undergraduate students by no more than an average of seven and one- half percent per year during any period covering four consecutive fiscal years, with the first fiscal year of the first four fiscal- year cycle beginning on July 1, 2007;
(B) The seven and one-half percent average cap does not apply to an institution for any fiscal year in which the total state base operating budget appropriations to that institution are less than the total state base operating budget appropriations in the fiscal year immediately preceding;
~~(C) A new capital fee or an increase in an existing capital fee is excluded from the tuition and fee increase calculation in this subdivision:~~
~~(i) If the new fee or fee increase is approved by an institutional~~ a ~~governing board or by a referendum of an institution's undergraduate students, or both, on or before February 1, 2006; or~~
~~(ii) If the following conditions are met:~~
~~(I) The new fee or fee increase was approved by an institutional a governing board or by a referendum of an institution's undergraduate students, or both, on or before July 1, 2006;~~
(II) The institution for which the capital fee is approved has been designated a university pursuant to the provisions of section six, article two-a of this chapter by the effective date of this section; and
~~(III) The institutional board of Governors~~ ~~previously oversaw a community and technical college that achieved independent accreditation and consequently acquired its own board of Governors;~~
(D) Institutions shall provide, in a timely manner, any data on tuition and fee increases requested by the staff of the commission. The commission shall: (i) collect the data from any institution under its jurisdiction; and (ii) Annually by July 1, provide a detailed analysis of the institutions' compliance with the provisions of this subdivision ~~to the Legislative Oversight Commission on Education Accountability.~~ ;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 330--A Bill to repeal §18- 13-1 of the Code of West Virginia, 1931, as amended; to repeal §18- 23-4a of said code; to repeal §18B-8-3a of said code; to repeal §18B-9-2a, §18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B-9-10 and §18B-9-12 of said code; to amend and reenact §12-1-12d of said code; to amend and reenact §18B-1-2 and §18B-1-6 of said code; to amend and reenact §18B-1B-4 and §18B-1B-5 of said code; to amend and reenact §18B-2A-3, §18B-2A-4 and §18B-2A-8 of said code; to amend and reenact §18B-2B-3 of said code; to amend and reenact §18B-3-1, §18B-3-3 and §18B-3-4 of said code; to amend and reenact §18B-4-1 of said code; to amend said code by adding thereto a new section, designated §18B-4-2a; to amend and reenact §18B-5-9 of said code; to amend and reenact §18B-7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7- 5, §18B-7-6, §18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of said code; to amend said code by adding thereto four new sections, designated §18B-7-13, §18B-7-14, §18B-7-15 and §18B-7- 16; to amend and reenact §18B-8-1, §18B-8-3, §18B-8-4, §18B-8-5 and §18B-8-6 of said code; to amend said code by adding thereto a new section, designated §18B-8-2; to amend and reenact §18B-9-1, §18B-9- 2, §18B-9-3 and §18B-9-4 of said code; to amend said code by adding thereto a new article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and §18B-9A-8; and to amend and reenact §18B-10-1 of said code, all relating to public higher education personnel generally; state organizations of higher education; public higher education governance; repealing sunset provision for pilot investment program for Marshall University and West Virginia University; extending authority to increase certain types of investment under certain circumstances; specifying and clarifying rule-making procedures; specifying certain powers and duties of certain higher education organizations; requiring certain governing boards to reach certain graduation rates by certain date; establishing classification and compensation for certain employees; providing legislative purposes and intent; providing certain definitions; requiring creation of certain professional staff positions; setting forth minimum qualifications and specifying duties; requiring organization rulemaking; authorizing certain supplemental retirement, health and welfare benefit plans for certain employees; providing for certain employer and employee matches; authorizing employee payroll deductions; requiring establishment of continuing education and professional development programs for certain employees; setting forth certain employment practices; requiring certain periodic reports; specifying data to be included in reports and designating report due dates; providing certain exceptions to report due dates; requiring periodic reviews of human resources functions at certain higher education organizations; setting forth purposes of reviews; specifying review criteria and designating completion dates; requiring prior notice of reviews and setting forth certain exceptions; authorizing compensatory time off for certain employees in certain instances; setting forth conditions; defining "nonclassified" employees; limiting percentage of employees designated nonclassified and providing certain exceptions; establishing formula for calculating percentage; providing effective date for meeting percentage limits and requiring compliance reports; authorizing certain employment by mutual agreement; setting forth terms, conditions and applicability of agreements; requiring probationary period for certain employees; authorizing catastrophic leave banks and leave transfer for certain employees; setting forth terms and conditions for participation; codifying certain current practices; authorizing merit salary increases for certain employees under certain conditions; requiring study of certain employment practices; requiring report and specifying data and report due date; requiring faculty salary rules and providing for salary increases in certain instances; authorizing sabbatical leaves for certain professional personnel; specifying terms and conditions for participation; maintaining certain rights and benefits during leaves of absence under certain circumstances; requiring definition of certain terms; requiring notice of employment decisions to probationary faculty members by certain date and providing for hearings in certain instances; stating legislative intent regarding funding for certain employee salary schedules; specifying applicability of certain statutes; establishing certain terms and conditions and providing certain exceptions; providing formulas for making certain salary calculations; requiring certification of certain higher education organizations relating to certain salary funding requirements; specifying applicability of certain rules; requiring review and approval process for certain rules and specifying responsibilities of certain professional personnel relating to rulemaking; providing for funding certain salary schedules; specifying certain consequences and sanctions and providing exceptions; providing short title; requiring maintenance of uniform job classification system; establishing job classification committee and specifying organization, powers and duties; assigning certain other powers and duties relating to job classification; establishing compensation planning and review committee and specifying organization, powers and duties; providing for establishment of market salary structures and minimum salary schedules; requiring periodic updates and specifying certain other related powers and duties; providing for periodic market salary studies and specifying application of study findings; requiring certain salary comparisons and establishing limit on variations of average salaries among employee classes; specifying authority and duty of Higher Education Policy Commission and Council for Community and Technical College Education over classification and compensation system; requiring promulgation of certain personnel rules by certain date; authorizing emergency rules with prior approval; establishing parameters for rules; specifying mechanisms for correcting identified deficiencies and requiring and authorizing certain sanctions in certain instances; providing for hearing employee appeals; requiring performance evaluations for certain employees; requiring certain training for supervisory personnel; establishing terms and conditions for exercising certain operational flexibilities for governing boards; establishing goals for implementing certain statutes and rules; fixing certain implementation responsibilities; providing for review and approval of governing boards' requests for tuition and fee increases greater than set amounts; removing caps on increases in tuition and fees; making technical corrections; and deleting obsolete language.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 330, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 330) 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. Com. Sub. for Com. Sub. for Senate Bill No. 335, Authorizing certain municipalities regulate taxis and taxi stands by ordinance.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-5f. Regulation of taxicabs and taxi stands.
(a) Notwithstanding the provisions of article two, chapter twenty-four-a of this code, the governing body of a Class I or Class II municipality that includes a land grant university enrolling at least twenty thousand students may, by ordinance, regulate taxicabs and taxi stands within the corporate limits of the municipality.
(b) The regulations shall be limited to the following:
(1) Requirements for the condition of the taxicabs;
(2) The location of taxi stands;
(3) Background checks for taxi drivers;
(4) Drug testing for taxi drivers;
(5) Violations of regulations adopted pursuant to this section for which citations may be issued and penalties imposed;
(6) The requirement that a taxicab company place a sign, visible to passengers, in the taxicab which contains contact information which passengers may use to make complaints about the taxicab company or its taxi drivers. The municipality may assist passengers in resolving complaints, and shall forward complaints to the public service commission in the event that further action is needed; and

(7) Requirements for safety inspections of the taxicabs.

(8) Requirements to improve reliability of service.
(c) This section is not intended to increase the number of operators or owners of taxicabs and taxi stands.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 335, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: Edgell, Palumbo and Plymale--3.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 335) 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 concurrence by that body in the passage of
Eng. Senate Bill No. 366, Relating to Underground Storage Tank Administrative Fund.
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, 2011, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 373, Requiring School Building Authority allocate and expend certain moneys for vocational programs at comprehensive middle schools.
On motion of Senator Unger, 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-9D-4c; that §18-9D- 15 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18-9D-19a, all to read as follows:
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-4c. School Building Authority authorized to temporarily finance projects through the issuance of loans, notes or other evidences of indebtedness.

The School Building Authority may by resolution, in accordance with the provisions of this article, temporarily finance the cost of projects and other expenditures permitted under this article for public schools, including, but not limited to, comprehensive high schools and comprehensive middle schools as defined in this article, in this state through the issuance of loans, notes or other evidences of indebtedness: Provided, That the principal amount of loans, notes or other evidences of indebtedness outstanding at any one time shall not exceed $16 million: Provided, however, That the principal of, interest and premium, if any, on and fees associated with any such temporary financing shall be payable solely from the sources from which the principal of, interest and premium, if any, on bonds is payable under this article or from the proceeds of bonds.

§18-9D-15. Legislative intent; allocation of money among categories of projects; lease-purchase options; limitation on time period for expenditure of project allocation; county maintenance budget requirements; project disbursements over period of years; preference for multicounty arrangements; submission of project designs; set-aside to encourage local participation.

(a) It is the intent of the Legislature to empower the School Building Authority to facilitate and provide state funds and to administer all federal funds provided for the construction and major improvement of school facilities so as to meet the educational needs of the people of this state in an efficient and economical manner. The authority shall make funding determinations in accordance with the provisions of this article and shall assess existing school facilities and each facility's school major improvement plan in relation to the needs of the individual student, the general school population, the communities served by the facilities and facility needs statewide.
(b) An amount that is not more than three percent of the sum of moneys that are determined by the authority to be available for distribution during the then current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements Fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt Service Fund or the Excess Lottery School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this article; and
(4) Any other moneys received by the authority, except moneys paid into the School Major Improvement Fund pursuant to section six of this article and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, may be allocated and may be expended by the authority for projects authorized in accordance with the provisions of section sixteen of this article that service the educational community statewide or, upon application by the state board, for educational programs that are under the jurisdiction of the state board. In addition, upon application by the state board or the administrative council of an area vocational educational center established pursuant to article two-b of this chapter, the authority may allocate and expend under this subsection moneys for school major improvement projects authorized in accordance with the provisions of section sixteen of this article proposed by the state board or an administrative council for school facilities under the direct supervision of the state board or an administrative council, respectively. Furthermore, upon application by a county board, the authority may allocate and expend under this subsection moneys for school major improvement projects for vocational programs at comprehensive high schools, vocational programs at comprehensive middle schools, vocational schools cooperating with community and technical college programs, or ~~both~~ any combination of the three. Each county board is encouraged to cooperate with community and technical colleges in the use of existing or development of new vocational technical facilities. All projects eligible for funds from this subsection shall be submitted directly to the authority which shall be solely responsible for the project's evaluation, subject to the following:
(A) The authority may not expend any moneys for a school major improvement project proposed by the state board or the administrative council of an area vocational educational center unless the state board or an administrative council has submitted a ten-year facilities plan; and
(B) The authority shall, before allocating any moneys to the state board or the administrative council of an area vocational educational center for a school improvement project, consider all other funding sources available for the project.
(c) An amount that is not more than two percent of the moneys that are determined by the authority to be available for distribution during the current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements Fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt Service Fund or the Excess Lottery School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this article; and
(4) Any other moneys received by the authority, except moneys deposited into the School Major Improvement Fund and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, shall be set aside by the authority as an emergency fund to be distributed in accordance with the guidelines adopted by the authority.
(d) An amount that is not more than five percent of the moneys that are determined by the authority to be available for distribution during the current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements Fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt Service Fund or the Excess Lottery School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this article; and
(4) Any other moneys received by the authority, except moneys deposited into the School Major Improvement Fund and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, may be reserved by the authority for multiuse vocational-technical education facilities projects that may include post-secondary programs as a first priority use. The authority may allocate and expend under this subsection moneys for any purposes authorized in this article on multiuse vocational-technical education facilities projects, including equipment and equipment updates at the facilities, authorized in accordance with the provisions of section sixteen of this article. If the projects approved under this subsection do not require the full amount of moneys reserved, moneys above the amount required may be allocated and expended in accordance with other provisions of this article. A county board, the state board, an administrative council or the joint administrative board of a vocational-technical education facility which includes post- secondary programs may propose projects for facilities or equipment, or both, which are under the direct supervision of the respective body: Provided, That the authority shall, before allocating any moneys for a project under this subsection, consider all other funding sources available for the project.
(e) The remaining moneys determined by the authority to be available for distribution during the then current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements Fund pursuant to section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt Service Fund or the Excess Lottery School Building Debt Service Fund are pledged as security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this article; and
(4) Any other moneys received by the authority, except moneys deposited into the School Major Improvement Fund and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, shall be allocated and expended on the basis of need and efficient use of resources for projects funded in accordance with the provisions of section sixteen of this article.
(f) If a county board proposes to finance a project that is authorized in accordance with section sixteen of this article through a lease with an option to purchase leased premises upon the expiration of the total lease period pursuant to an investment contract, the authority may not allocate moneys to the county board in connection with the project: Provided, That the authority may transfer moneys to the state board which, with the authority, shall lend the amount transferred to the county board to be used only for a one-time payment due at the beginning of the lease term, made for the purpose of reducing annual lease payments under the investment contract, subject to the following conditions:
(1) The loan shall be secured in the manner required by the authority, in consultation with the state board, and shall be repaid in a period and bear interest at a rate as determined by the state board and the authority and shall have any terms and conditions that are required by the authority, all of which shall be set forth in a loan agreement among the authority, the state board and the county board;
(2) The loan agreement shall provide for the state board and the authority to defer the payment of principal and interest upon any loan made to the county board during the term of the investment contract, and annual renewals of the investment contract, among the state board, the authority, the county board and a lessor, subject to the following:
(A) In the event a county board which has received a loan from the authority for a one-time payment at the beginning of the lease term does not renew the lease annually until performance of the investment contract in its entirety is completed, the county board is in default and the principal of the loan, together with all unpaid interest accrued to the date of the default, shall, at the option of the authority, in consultation with the state board, become due and payable immediately or subject to renegotiation among the state board, the authority and the county board;
(B) If a county board renews the lease annually through the performance of the investment contract in its entirety, the county board shall exercise its option to purchase the leased premises;
(C) The failure of the county board to make a scheduled payment pursuant to the investment contract constitutes an event of default under the loan agreement;
(D) Upon a default by a county board, the principal of the loan, together with all unpaid interest accrued to the date of the default, shall, at the option of the authority, in consultation with the state board, become due and payable immediately or subject to renegotiation among the state board, the authority and the county board; and
(E) If the loan becomes due and payable immediately, the authority, in consultation with the state board, shall use all means available under the loan agreement and law to collect the outstanding principal balance of the loan, together with all unpaid interest accrued to the date of payment of the outstanding principal balance; and
(3) The loan agreement shall provide for the state board and the authority to forgive all principal and interest of the loan upon the county board purchasing the leased premises pursuant to the investment contract and performance of the investment contract in its entirety.
(g) To encourage county boards to proceed promptly with facilities planning and to prepare for the expenditure of any state moneys derived from the sources described in this section, any county board or other entity to whom moneys are allocated by the authority that fails to expend the money within three years of the allocation shall forfeit the allocation and thereafter is ineligible for further allocations pursuant to this section until it is ready to expend funds in accordance with an approved facilities plan: Provided, That the authority may authorize an extension beyond the three-year forfeiture period not to exceed an additional two years. Any amount forfeited shall be added to the total funds available in the School Construction Fund of the authority for future allocation and distribution. Funds may not be distributed for any project under this article unless the responsible entity has a facilities plan approved by the state board and the School Building Authority and is prepared to commence expenditure of the funds during the fiscal year in which the moneys are distributed.
(h) The remaining moneys that are determined by the authority to be available for distribution during the then current fiscal year from moneys paid into the School Major Improvement Fund pursuant to section six of this article shall be allocated and distributed on the basis of need and efficient use of resources for projects authorized in accordance with the provisions of section sixteen of this article, subject to the following:
(1) The moneys may not be distributed for any project under this section unless the responsible entity has a facilities plan approved by the state board and the authority and is to commence expenditures of the funds during the fiscal year in which the moneys are distributed;
(2) Any moneys allocated to a project and not distributed for that project shall be deposited in an account to the credit of the project, the principal amount to remain to the credit of and available to the project for a period of two years; and
(3) Any moneys which are unexpended after a two-year period shall be redistributed on the basis of need from the School Major Improvement Fund in that fiscal year.
(i) Local matching funds may not be required under the provisions of this section. However, this article does not negate the responsibilities of the county boards to maintain school facilities. To be eligible to receive an allocation of school major improvement funds from the authority, a county board must have expended in the previous fiscal year an amount of county moneys equal to or exceeding the lowest average amount of money included in the county board's maintenance budget over any three of the previous five years and must have budgeted an amount equal to or greater than the average in the current fiscal year: Provided, That the state board shall promulgate rules relating to county boards' maintenance budgets, including items which shall be included in the budgets.
(j) Any county board may use moneys provided by the authority under this article in conjunction with local funds derived from bonding, special levy or other sources. Distribution to a county board, or to the state board or the administrative council of an area vocational educational center pursuant to subsection (b) of this section, may be in a lump sum or in accordance with a schedule of payments adopted by the authority pursuant to guidelines adopted by the authority.
(k) Funds in the School Construction Fund shall first be transferred and expended as follows:
(1) Any funds deposited in the School Construction Fund shall be expended first in accordance with an appropriation by the Legislature.
(2) To the extent that funds are available in the School Construction Fund in excess of that amount appropriated in any fiscal year, the excess funds may be expended for projects authorized in accordance with the provisions of section sixteen of this article.
(l) It is the intent of the Legislature to encourage county boards to explore and consider arrangements with other counties that may facilitate the highest and best use of all available funds, which may result in improved transportation arrangements for students or which otherwise may create efficiencies for county boards and the students. In order to address the intent of the Legislature contained in this subsection, the authority shall grant preference to those projects which involve multicounty arrangements as the authority shall determine reasonable and proper.
(m) County boards shall submit all designs for construction of new school buildings to the School Building Authority for review and approval prior to preparation of final bid documents. A vendor who has been debarred pursuant to the provisions of sections thirty- three-a through thirty-three-f, inclusive, article three, chapter five-a of this code may not bid on or be awarded a contract under this section.
(n) The authority may elect to disburse funds for approved construction projects over a period of more than one year subject to the following:
(1) The authority may not approve the funding of a school construction project over a period of more than three years;
(2) The authority may not approve the use of more than fifty percent of the revenue available for distribution in any given fiscal year for projects that are to be funded over a period of more than one year; and
(3) In order to encourage local participation in funding school construction projects, the authority may set aside limited funding, not to exceed $500,000, in reserve for one additional year to provide a county the opportunity to complete financial planning for a project prior to the allocation of construction funds. Any funding shall be on a reserve basis and converted to a part of the construction grant only after all project budget funds have been secured and all county commitments have been fulfilled. Failure of the county to solidify the project budget and meet its obligations to the state within eighteen months of the date the funding is set aside by the authority will result in expiration of the reserve and the funds shall be reallocated by the authority in the succeeding funding cycle.
§18-9D-19a. Comprehensive middle schools.
(a) The Legislature finds the following:
(1) Students learn more through hands on, applied learning activities;
(2) Career technical education students have a much higher graduation rate than other students;
(3) Although thirty-seven percent of West Virginia middle and junior high school students are enrolled in a form of career technical education, the number has been dropping by approximately three thousand students per year; and
(4) As the benefits of career technical education have increased as academics have become more embedded in career technical education, it is important that career technical education opportunities be increased at the middle and junior high school level.
(b) "Comprehensive middle school" means a middle or junior high school that meets the definition of a comprehensive middle school established by the state board. The definition of a comprehensive middle school shall be established by the state board in a legislative rule promulgated in accordance with article three-b, chapter twenty-nine-a of this code. The definition shall include at least the following:
(1) A comprehensive curriculum that:
(A) Includes the core subjects in English/language arts, mathematics, science, social studies;
(B) Provides students with engaging learning opportunities where students are provided connections between what they are learning and what they will learn in high school and beyond;
(C) Establishes the foundation for college and career readiness;
(D) Embeds career exploration and project based career activities where possible to provide all student with comprehensive career development and counseling;
(E) Provides career technical options for students that are integrated with academic course requirements where possible; and
(F) Provides authentic opportunities in the visual and performing arts, health and wellness, physical education, world languages and career technical activities;
(2) Harnessing the power of technology to provide personalized learning twenty-four hours per day and seven days per week and produce a digital individualized student portfolio of student mastery and progression; and
(3) A seamless integration with the secondary school curriculum that enables students to further explore their options and further pursue their career interests at the secondary and post-secondary levels.
(c) When planning the construction of a middle or junior high school which has been approved by the authority and which meets the required authority efficiencies, the authority shall provide funding for a comprehensive middle school that includes comprehensive career technical education facilities to be located, when feasible, on the same site as the middle or junior high school.
(d) Upon application of a county board to construct comprehensive career technical education facilities that would allow an existing middle or junior high school to become a comprehensive middle school, the authority will provide technical assistance to the county in developing a plan for construction of the comprehensive career technical education facility. Upon development of the plan, the authority shall consider funding based on the following criteria:
(1) The ability of the county board to provide local funds for the construction of the comprehensive career technical education facilities;
(2) The size of the existing middle and junior high schools;
(3) The age and physical condition of the existing career technical education facilities;
(4) The potential for improving in the graduation rate; and
(5) Such other criteria as the authority shall consider appropriate.;
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 the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9D-4c; to amend and reenact §18-9D-15 of said Code; and to amend said code by adding thereto a new section, designated §18-9D-19a, all relating to funding and financing comprehensive middle schools and other School Building Authority projects and expenditures; providing the School Building Authority the ability to temporarily finance project costs and expenditures for public schools through loans, notes or other financing; limiting the amount of outstanding loans, notes or other financing; providing that principal, interest and premium on loans, notes or other financing must be paid from certain sources; allowing, upon application by a county board of education, the School Building Authority to allocate and expend certain moneys for school major improvement projects for vocational programs at comprehensive middle schools; providing legislative findings; providing for definition of "comprehensive middle high school" by state board rule; providing minimum contents of rule; requiring the authority, when planning the construction of a middle or junior high school, to provide funding for a comprehensive middle school that includes comprehensive career technical education facilities to be located, when feasible, on the same site as the middle or junior high school under certain conditions; requiring the authority, upon application of a county board to construct comprehensive career technical education facilities that would allow an existing middle or junior high school to become a comprehensive middle school, to provide technical assistance to the county in developing a plan for construction of the comprehensive career technical education facility; and requiring, upon development of the plan, the authority to consider funding based on certain criteria.
On motion of Senator Unger, 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 373) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 373) takes effect July 1, 2011.
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, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 375, Authorizing Higher Education Policy Commission collect and disseminate information concerning higher education institutions.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-7. Accreditation of institutions of higher education; standards for degrees.

(a) The council shall make rules for the accreditation of community and technical colleges in this state and shall determine the minimum standards for conferring degrees. The commission shall make rules for the accreditation of colleges and universities in this state except the governing boards of Marshall University and West Virginia University shall make rules for ~~the state institutions of higher education known as Marshall University and West Virginia University~~ their respective institutions, and each shall determine the minimum standards for conferring degrees. The governing boards of Marshall University and West Virginia University shall promulgate rules pursuant to the provisions of section six, article one of this chapter for the accreditation of ~~the state institutions of higher education known as Marshall University and West Virginia University~~ their respective institutions.
(b) An institution of higher education may not confer ~~any~~ a degree on any basis of work or merit below the minimum standards prescribed by the council or commission. or the governing boards. Nothing in this section infringes upon the rights, including rights to award degrees, granted to any institution by charter given according to law, or by actions of the council or commission or their predecessors, prior to the effective date of this section. (c) With the approval of the commission and subject to subsections (e), (f) and (g) of this section, governing boards of institutions which currently offer substantial undergraduate course offerings and a master's degree in a discipline are authorized to grant baccalaureate degrees in that discipline.
(d) Except as otherwise provided in this section, a charter or other instrument containing the right to confer degrees of higher education status may not be granted by the State of West Virginia to ~~any~~ an institution, association or organization within the state, nor may ~~any such~~ a degree be awarded, until the condition of conferring the degree first has ~~first~~ been approved in writing by the council or commission, ~~or appropriate governing board~~ as appropriate, or by the institution's governing board in the case of Marshall University or West Virginia University.
(e) To retain the authority to confer degrees pursuant to this section, each institution shall provide annually to the commission or council, as requested, all information the commission or council considers necessary to assess the performance of the institution and to determine whether the institution continues to meet the minimum standards for conferring degrees. This information includes, but is not limited to, the following data:
(1) All information current and future federal or state laws and regulations require the institution to report to the public, to students, to employees or to federal or state agencies;
(2) Other consumer information the commission or council considers necessary, including, but not limited to, graduation and retention rates, transfers, post-graduation placements, loan defaults and numbers and types of student complaints;
(3) A detailed explanation of financial operations including, but not limited to, policies, formulas and procedures related to calculation, payment and refund for all tuition and fees; and
(4) An assessment of the adequacy of the institution's curriculum, personnel, facilities, materials and equipment to meet the minimum standards for conferring degrees.
(f) The commission and council may conduct on-site reviews to evaluate an institution's academic standards, may conduct financial audits, or may require the institution to perform these audits and provide detailed data to the commission or council.
(g) The commission or council shall revoke an institution's authority to confer degrees when the institution's governing body, chief executive officer, or both, have done any one or more of the following:
(1) Failed to maintain the minimum standards for conferring degrees;
(2) Refused or willfully failed to provide information to the commission or council pursuant to this subsection in a manner and within a reasonable time frame as established by the commission or council, as appropriate; or
(3) Willfully provided false, misleading or incomplete information to the commission or council.
(h) The commission and council each shall compile the information collected pursuant to subdivisions (e), (f) and (g) of this section and submit a report on the information to the Legislative Oversight Commission on Education Accountability annually beginning December 1, 2012. The commission and council each shall make the information and report available to the public in a form and manner that is accessible to the general public, including, but not limited to, posting on its website.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 375, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 375) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 375) 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. Senate Bill No. 376, Permitting unit owners' associations institute legal action to collect dues.
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. 391, Relating to community voting locations generally.
On motion of Senator Unger, 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. VOTING BY ABSENTEES.

§3-3-2a. Early voting areas; prohibition against display of campaign material.

(a) The county commission shall designate the courthouse or annex to the courthouse as the primary location for early voting and in addition, the commission may designate other locations as provided in subsection (b).
(b) The county commission may, with the approval of the county clerk or other official charged with the administration of elections, ~~and the written agreement of the chairpersons of the county executive committees of the two major political parties,~~ designate ~~additional~~ community voting locations for early voting, other than the county courthouse or courthouse annex by a majority of the members of the county commission voting to adopt the same at a public meeting called for that purpose.
(1) The county commission shall publish a notice of its intent to designate community voting location at least thirty days prior to the designation. Notice shall be by publication as a Class II-0 legal advertisement in compliance with provisions of article three, chapte r fifty-nine of this code. The publication area is the county in which the community voting locations are designated;
(2) ~~The additional~~ Community voting locations shall comply with ~~the~~ requirements of this article for early in-person voting, ~~and~~ criteria prescribed by the Secretary of State and the following criteria:
(A) Can be scheduled for use during the early voting period;
(B) Has the physical facilities necessary to accommodate early voting requirements;
(C) Has adequate space for voting equipment, poll workers, and voters; and
(D) Has adequate security, public accessibility, and parking.
(3) The county executive committees of the two major political parties may nominate sites to be used as community voting locations during the early voting period;
(4) Upon the designation of a community voting location, the county clerk shall, not less than thirty days prior to an election, give notice of the dates, times, and place of community voting locations by publication as a Class II-0 legal advertisement in compliance with provisions of article three, chapter fifty-nine of this code;
(5) Voting shall be conducted at each designated community voting site for a period of not less than five consecutive days during early in-person voting authorized by section three of this article, but need not be conducted at each location for the entire period of early in-person voting;
(6) The county commission, with the approval of the county clerk, may authorize community voting locations on a rotating basis, wherein a community voting location may be utilized for less than the full period of early in-person voting; and
(7) If more than one community voting location is designated, each location shall be utilized for an equal number of voting days and permit voting for the same number of hours per day.
(c) The Secretary of State ~~is hereby directed to~~ shall propose legislative and emergency rules in accordance with the provisions of article three, chapter twenty-nine-a of this code as may be necessary to implement the provisions of this section. The rules shall include establishment of criteria to assure neutrality and security in the selection of ~~additional~~ community voting locations.
(d) Throughout the period of early in-person voting, the official designated to supervise and conduct absentee voting shall make the following provisions for voting:
(1) The official shall provide a sufficient number of voting booths or devices appropriate to the voting system at which voters may prepare their ballots. The booths or devices are to be in an area separate from but within clear view of the public entrance area of the official's office or other area designated by the county commission for absentee voting and are to be arranged to ensure the voter complete privacy in casting the ballot.
(2) The official shall make the voting area secure from interference with the voter and shall ensure that voted and unvoted ballots are at all times secure from tampering. No person, other than a person lawfully assisting the voter according to the provisions of this chapter, may be permitted to come within five feet of the voting booth while the voter is voting. No person, other than the officials or employees of the official designated to supervise and conduct absentee voting or members of the board of ballot commissioners assigned to conduct absentee voting, may enter the area or room set aside for voting.
(3) The official designated to supervise and conduct absentee voting shall request the county commission designate another area within the county courthouse, any annex of the courthouse or any other designated as early in-person voting locations within the county, as a portion of the official's office, for the purpose of absentee in-person voting in the following circumstances:
(A) If the voting area is not accessible to voters with physical disabilities;
(B) If the voting area is not within clear view of the public entrance of the office of the official designated to supervise and conduct absentee voting; or
(C) If there is no suitable area for absentee in-person voting within the office.
Any designated area is subject to the same requirements as the regular absentee voting area.
(4) The official designated to supervise and conduct absentee voting shall have at least two representatives to assist with absentee voting: Provided, That the two representatives may not be registered with the same political party affiliation or two persons registered with no political party affiliation. The representatives may be full-time employees, temporary employees hired for the period of absentee voting in person or volunteers.
(5) No person may do any electioneering nor may any person display or distribute in any manner, or authorize the display or distribution of, any literature, posters or material of any kind which tends to influence the voting for or against any candidate or any public question on the property of the county courthouse, any annex facilities, or any other designated early voting locations within the county, during the entire period of regular in-person absentee voting. The official designated to supervise and conduct absentee voting is authorized to remove the material and to direct the sheriff of the county to enforce the prohibition.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 391--A Bill to amend and reenact §3-3-2a of the Code of West Virginia, 1931, as amended, relating to authorizing community voting locations; removing the requirement that chairpersons of executive committees approve community voting locations; requiring community voting locations to be open a minimum of five days; providing for locations on a rotating basis; establishing criteria for community voting locations; permitting chairpersons of executive committees to nominate locations; requiring publication of notices prior to the designation of locations; requiring publication of notices of the dates, times and places of community voting locations; and requiring community voting locations to be utilized an equal number of days and for the same number of hours.
Senator Unger moved that the Senate concur in the House of Delegates amendments to the bill.
Pending extended discussion,
The question being on the adoption of Senator Unger's aforestated motion, the same was put and prevailed.
Engrossed Committee Substitute for Senate Bill No. 391, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Wills, Yost and Kessler (Acting President)--25.
The nays were: Barnes, Boley, K. Facemyer, Hall, Helmick, Nohe, Sypolt and Williams--8.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 391) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Wills, Yost and Kessler (Acting President)--25.
The nays were: Barnes, Boley, K. Facemyer, Hall, Helmick, Nohe, Sypolt and Williams--8.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 391) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate again proceeded to the fifth order of business.
At the request of Senator Laird, as chair of the committee of conference as to Engrossed Committee Substitute for House Bill No. 2532 (Zipline Responsibility Act), and by unanimous consent, the report of the committee of conference filed at 3:53 p.m. today was withdrawn.
Filed Conference Committee Reports
The Clerk then announced the following conference committee report had been filed at 7:12 p.m. tonight:
Eng. Com. Sub. for House Bill No. 2532, Zipline Responsibility Act.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate recessed until 8 p.m. tonight.
Night Session
Upon expiration of the recess, the Senate reconvened and resumed business under the fifth order.
Filed Conference Committee Reports
The Clerk announced the following conference committee report had been filed at 8:26 p.m. tonight:
Eng. Com. Sub. for House Bill No. 2745, Providing that certain information provided by insurance companies to the Insurance Commissioner is confidential.
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 Com. Sub. for Senate Bill No. 408, Creating WV Health Benefit Exchange Act.
On motion of Senator Unger, 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 the Code of West Virginia, 1931, as amendment, be amended by adding thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5, §33-16G-6, §33-16G-7, §33-16G-8 and §33-16G-9, all to read as follows:
ARTICLE 16G. WEST VIRGINIA HEALTH BENEFIT EXCHANGE ACT.
§33-16G-1. Purpose.
The purpose of this article is to establish a West Virginia Health Benefit Exchange to facilitate the purchase and sale of qualified health plans in the individual market in this state and a Small Business Health Options Program within the exchange to assist qualified small employers in this state in facilitating the enrollment of their employees in qualified health plans.
§33-16G-2. Definitions.
For purposes of this article:
(a) "Board" means the board established in section four of this article.
(b) "Commissioner" means the West Virginia Insurance Commissioner.
(c) "Exchange" means the West Virginia Health Benefit Exchange established pursuant to section three of this article.
(d) "Federal act" means the Federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments thereto, or regulations or guidance issued thereunder.
(e) "Health carrier" or "carrier" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits or health services.
(f) "Secretary" means the Secretary of the United States Department of Health and Human Services.
(g) "SHOP Exchange" means the Small Business Health Options Program established under this article.
(h) "Small employer" means an employer that employed an average of not more than fifty employees during the preceding calendar year.
§33-16G-3. Establishment of exchange.
(a) There is established within the Offices of the Insurance Commissioner an entity known as the West Virginia Health Benefit Exchange. This is a governmental entity of the state.
(b) The exchange shall pursue available federal funding for operation of the exchange and shall promulgate rules necessary to obtain federal recognition of the exchange as a certified exchange under the federal act.
(c) The exchange may accept gifts, grants and bequests, contract with other persons, and enter into memoranda of understanding with other governmental agencies to carry out any of its functions, including agreements with other states to perform joint administrative functions. The provisions of article three, chapter five-a of this code relating to the Purchasing Division of the Department of Administration do not apply to these contracts: Provided, That these contracts shall be awarded on a competitive basis. The exchange may not enter into contracts with any health insurance carrier or an affiliate of a health insurance carrier.
(d) The exchange may enter into information-sharing agreements with federal and state agencies and other state exchanges to carry out its responsibilities under this article, provided such agreements include adequate protections with respect to the confidentiality of the information to be shared and comply with all state and federal laws and regulations.

§33-16G-4. Duties of exchange; decrease in funding or invalidation of the federal act.

(a) In carrying out the duties under this article, the exchange shall:
(1) Consult with stakeholders, including, but not limited to, consumers, carriers, producers, providers and advocates for hard to reach populations; and
(2) Meet the following financial integrity requirements:
(A) Keep an accurate accounting of all activities, receipts and expenditures and annually submit to the secretary, the Governor, the commissioner and the Legislature a report concerning such accountings;
(B) Fully cooperate with any investigation conducted by the secretary pursuant to the secretary's authority under the federal act and allow the secretary, in coordination with the Inspector General of the United States Department of Health and Humans Services, to:
(i) Investigate the affairs of the exchange;
(ii) Examine the properties and records of the exchange; and
(iii) Require periodic reports in relation to the activities undertaken by the exchange; and
(C) In carrying out its activities under this article, not use any funds intended for the administrative and operational expenses of the exchange for staff retreats, promotional giveaways, excessive executive compensation or promotion of federal or state legislative and regulatory modifications.
(b) (1) The implementation of the provisions of this article, other than this subsection, section three of this article, and section five of this article, shall be contingent on a determination by the board that sufficient financial resources exist or will exist in the fund, which determination shall be based on, at a minimum:
(A) Financial projections identifying that sufficient resources exist or will exist in the fund to implement the exchange; and
(B) A comparison of the projected resources available to support the exchange and the projected costs of activities required by this article.
(2) In the event any portion of the federal act or of any regulation or other guidance issued thereunder is legislatively or judicially invalidated and rendered of no effect in this state, the board shall immediately issue a bulletin setting forth its legal opinion as to the effect of such legislative or judicial action on the legal status of the corresponding provisions of such act, regulation or guidance as set forth in this article or in rules promulgated hereunder; the board shall also issue recommendations to the Legislature for amendments to this article necessitated by such judicial or legislative action.

§33-16G-5. Establishment of governing board of the exchange; reports; training.

(a) The exchange shall operate subject to the supervision and control of a governing board. The powers conferred upon the board by this article and the carrying out of its purposes and duties shall be considered to be essential governmental functions and for a public purpose. The Governor shall appoint a chairperson of the board from the membership set forth in subsection (b) of this section, with the advice and consent of the Senate.
(b) The board shall be composed of the following members:
(1) Four voting ex officio members: The Commissioner; the Commissioner of the West Virginia Bureau for Medical Services; the Director of the West Virginia Children's Health Insurance Program; and the Chair of the West Virginia Health Care Authority. Ex officio members may designate a representative to serve in his or her place;
(2) Four persons appointed by the Governor with advice and consent of the Senate, each to represent the interests of one of the following groups: Individual health care consumers; small employers; organized labor; and insurance producers;
(3) One person to represent the interests of payors who is selected by majority vote of an advisory group comprising representatives of the ten carriers with the highest health insurance premium volume in this state in the preceding calendar year, as certified by the commissioner. Beginning in 2014, the advisory group shall be comprised only of representatives of those carriers that are offering qualified plans in the exchange regardless of premium volume: Provided, That the member selected pursuant to this paragraph may not be an employee of a carrier or an affiliate of a carrier eligible to select such member; and
(4) One person to represent the interests of health care providers selected by the majority vote of an advisory group comprised of a representative of each of the following: West Virginia Association of Free Clinics, West Virginia Hospital Association, West Virginia State Medical Association, West Virginia Primary Care Association, West Virginia Nurses Association, West Virginia Society of Osteopathic Medicine, West Virginia Academy of Family Physicians, West Virginia Pharmacists Association, West Virginia Dental Association, West Virginia Behavioral Health Care Providers, West Virginia Chiropractic Society, West Virginia Optometric Association, West Virginia Podiatric Medical Association, West Virginia Physical Therapists Association and a full-time health officer of a county or regional health department selected by all full-time health officers of all county or regional health departments.
(5) Selection of board members pursuant to paragraphs (3) and (4) of this subdivision shall be conducted in a manner and at such times designated by the chair of the board.
(6) Each member appointed pursuant to paragraph (2) of this section or selected pursuant to paragraph (3) or (4) of this subsection shall serve a term of four years and is eligible to be reappointed, except that the term of each of the four persons initially appointed pursuant to paragraph (2) of this section to represent the groups listed therein shall be as follows: Individual consumer, one year; small employers, two years; labor, three years; and producers, four years. Any appointed or selected member whose term has expired may continue to serve until either he or she has been reappointed or his or her successor has been duly appointed or selected.
(c) Board members may be removed by the Governor for cause.
(d) Members of the board are not entitled to compensation for services performed as members but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties.
(e) Seven members of the board constitute a quorum, and the affirmative vote of six members is necessary for any action taken by vote of the board. No vacancy in the membership of the board impairs the rights of a quorum by such vote to exercise all the rights and perform all the duties of the board.
(f) The board may employ an executive director who has overall management responsibility for the exchange and such employees as may be necessary. The executive director and employees of the exchange shall receive a salary as provided by the board. The executive director and all employees of the board are exempt from the classified service and not subject to the procedures and protections provided by article two, chapter six-c of this code and article six, chapter twenty-nine of this code;
(g) The board may establish ad hoc or standing advisory committees of consumers and other stakeholder groups or interested parties to study particular policy issues and to advise the board.
(h) The board shall make an annual report to the Governor and also file it with the Joint Committee on Government and Finance. The report shall summarize the activities of the exchange in the preceding calendar year.
(i) Neither the board nor its employees are liable for any obligations of the exchange. No member of the board or employee of the exchange is liable and no cause of action of any nature may arise against them for any act or omission related to the performance of their powers and duties under this article unless the act or omission constitutes willful or wanton misconduct. The board may provide in its bylaws or rules for indemnification of, and legal representation for, its members and employees.
(j) Members of the board shall receive governmental ethics training within the first six months of being appointed. Additional ethics training is required for board members at least every two years thereafter.
§33-16G-6. Funding; publication of costs.
(a) On and after July 1, 2011, the board is authorized to assess fees on health carriers selling qualified dental plans or health benefit plans in this state, including health benefit plans sold outside the exchange, and shall establish the amount of such fees and the manner of the remittance and collection of such fees in legislative rules. Fees shall be based on premium volume of the qualified dental plans or health benefit plans sold in this state and shall be for the purpose of operation of the exchange.
(b) The exchange shall publish the average costs of licensing, regulatory fees and any other payments required by the exchange, and the administrative costs of the exchange, on an Internet website to educate consumers on such costs. This information shall include information on moneys lost to waste, fraud and abuse.
§33-16G-7. Rules.
The board may promulgate emergency rules and propose legislative rules for adoption by the Legislature pursuant to the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article. Emergency or legislative rules promulgated under this section may not conflict with or prevent the application of the federal act or regulations promulgated by the secretary under such act.
§33-16G-8. Relation to other laws.
Nothing in this article, and no action taken by the exchange pursuant to this article, preempts or supersedes the authority of the commissioner to regulate the business of insurance within this state and, except as expressly provided to the contrary in this article, all health carriers offering qualified health plans in this state shall comply fully with all applicable health insurance laws of this state and orders issued by the commissioner.
§33-16G-9. Special revenue account created.
(a) There is hereby created a special revenue account in the State Treasury, designated the "West Virginia Health Benefits Exchange Fund", which shall be an interest-bearing account and may be invested in the manner permitted by article six, chapter twelve of this code, with the interest income a proper credit to the fund, unless otherwise designated in law. The fund shall be administered by the board and used to pay all proper costs incurred in implementing the provisions of this article. Moneys deposited into this account are available for expenditure as the board may direct in accordance with the provisions of this article. Expenditures shall be for the purposes set forth in this article, are authorized from collections and do not revert to the General Fund.
(b) The following shall be paid into this account:
(1) All funds from the federal government received and dedicated to or otherwise able to be used for the purposes of this article;
(2) All other payments, gifts, grants, bequests or income from any source;
(3) Fees on health carriers established by the board; and
(4) Appropriations from the Legislature.;
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. 408--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5, §33-16G-6, §33-16G-7, §33-16G-8 and §33-16G-9, all relating generally to the establishment of a West Virginia Health Benefit Exchange; setting forth purpose; defining terms; providing for the establishment of the West Virginia Health Benefit Exchange; establishing the governing board of directors; providing for membership on the board of directors; setting forth meeting requirements of the board of directors; allowing the board of directors to hire an executive director and appropriate staff; exempting employees from classified service; providing for an annual report by the board of directors; setting forth the functions of the board; outlining the board's duties and authority; providing for the response of the board in the event of reduction of federal funding or legislative or judicial invalidation of federal act; authorizing emergency and legislative rulemaking; establishing a special revenue account; training; purchasing exemption; and authorizing assessment of fees.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 408, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--27.
The nays were: Barnes, Boley, K. Facemyer, Hall, Nohe and Sypolt--6.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 408) 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 that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 3144, Creating a criminal offense and adding misdemeanor criminal penalties for picketing or disrupting funerals.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
On further motion of Senator Unger, the Senate acceded to the request of the House of Delegates and receded from its amendments to the bill.
Engrossed Committee Substitute for House Bill No. 3144, as amended by deletion, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 3144) 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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3272--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2011 in the amount of $3,900,000 from the Governor's Office - Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, and in the amount of $7,100,000 from the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2006, organization 0601, activity 511, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Auditor's Office - General Administration, fund 0116, fiscal year 2011, organization 1200, to the Department of Agriculture, fund 0131, fiscal year 2011, organization 1400, to the Department of Administration - Ethics Commission, fund 0223, fiscal year 2011, organization 0220, to the Department of Administration - Public Defender Services, fund 0226, fiscal year 2011, organization 0221, to the Department of Education - State Department of Education, fund 0313, fiscal year 2011, organization 0402, to the Department of Health and Human Resources - Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2011, organization 0511, to the Department of Military Affairs and Public Safety - West Virginia Parole Board, fund 0440, fiscal year 2011, organization 0605, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2011, organization 0608, to the Department of Military Affairs and Public Safety - Division of Veterans' Affairs, fund 0456, fiscal year 2011, organization 0613, and to Higher Education - Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2011, organization 0441, and to Higher Education Policy Commission - System Control Account, fund 0586, fiscal year 2011, organization 0442, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for Senate Bill No. 242, Dedicating portion of coal severance tax to county of origin.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Kominar, Varner and Evans.
On motion of Senator Unger, the Senate agreed to the appointment of a conference committee on the bill.
Whereupon, Senator Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators Stollings, Miller and Hall.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Unger, the Senate recessed until 8:50 p.m. tonight.
Upon expiration of the recess, the Senate reconvened and again proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report had been filed at 8:54 p.m. tonight:
Eng. Com. Sub. for House Bill No. 2663, Relating to public service commissioners presiding at hearings.
Without objection, the Senate returned to the third order of business.
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, of
Eng. Com. Sub. for House Bill No. 2159, Relating to prohibiting members of the news media from being compelled to give testimony.
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, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 2368, Relating to the practice of beauty care.
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, of
Eng. Com. Sub. for House Bill No. 2437, Requiring study relating to mandating the utilization of devices that case underground mining machines to shut-off when methane is detected.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 2520, Relating to centers for housing young adult offenders.
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, of
Eng. Com. Sub. for House Bill No. 2542, Clarifying requirements and procedures for access to cemeteries and grave sites located on private land.
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. 428, Increasing fees charged by clerk of circuit court for medical professional liability actions.
On motion of Senator Unger, 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 1. FEES AND ALLOWANCES.

§59-1-4. Fees collected by Secretary of State, Auditor and Clerk of Supreme Court of Appeals to be paid into State Treasury; accounts; reports.

~~The~~ Except as otherwise provided by law, the fees to be charged by the Auditor, Secretary of State and Clerk of the Supreme Court of Appeals, by virtue of this article or any other law, ~~shall be~~ are the property of the State of West Virginia. ~~and they and each of them~~ The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall account for and pay into the State Treasury at least once every thirty days all fees ~~by any of them~~ collected or appearing to be due to the state, to the credit of the general state fund or other fund as provided by law. The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall each keep a complete and accurate ~~account by items~~ itemized account of all fees collected by them and the nature of the services rendered for which all fees were charged and collected, in accordance with generally accepted accounting principles, as provided in article two, chapter five-a of this code. ~~and~~ All accounts shall be open to inspection and audit as provided in article two, chapter four of this code.
§59-1-11. Fees to be charged by clerk of circuit court.
(a) The clerk of a circuit court shall charge and collect for services rendered by the clerk the following fees which shall be paid in advance by the parties for whom services are to be rendered:
(1) For instituting any civil action under the Rules of Civil Procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals, or any other action, cause, suit or proceeding, ~~$145,~~ $155, of which $30 ~~of that amount~~ shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code and ~~$10 shall be~~ $20 deposited in the special revenue account created in section six hundred three, article twenty-six, chapter forty-eight of this code to provide legal services for domestic violence victims;
(2) For instituting an action for medical professional liability, ~~$260~~ $280, of which $10 ~~of that amount~~ shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;
(3) Beginning on and after July 1, 1999, for instituting an action for divorce, separate maintenance or annulment, $135;
(4) For petitioning for the modification of an order involving child custody, child visitation, child support or spousal support, $85; and
(5) For petitioning for an expedited modification of a child support order, $35.
(b) In addition to the foregoing fees, the following fees shall ~~likewise~~ be charged and collected:
(1) For preparing an abstract of judgment, $5;
(2) For ~~any~~ a transcript, copy or paper made by the clerk for use in any other court or otherwise to go out of the office, for each page, $1;
(3) For issuing a suggestion and serving notice to the debtor by certified mail, $25;
(4) For issuing an execution, $25;
(5) For issuing or renewing a suggestee execution and serving notice to the debtor by certified mail, $25;
(6) For vacation or modification of a suggestee execution, $1;
(7) For docketing and issuing an execution on a transcript of judgment from magistrate court, $3;
(8) For arranging the papers in a certified question, writ of error, appeal or removal to any other court, $10, of which $5 ~~of that amount~~ shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code;
(9) For postage and express and for sending or receiving decrees, orders or records, by mail or express, three times the amount of the postage or express charges;
(10) For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, 50¢;
(11) For additional service, plaintiff or appellant, where any case remains on the docket longer than three years, for each additional year or part year, $20; and
(12) For administering funds deposited into a federally insured interest-bearing account or interest-bearing instrument pursuant to a court order, $50, to be collected from the party making the deposit. A fee collected pursuant to this subdivision shall be paid into the general county fund.
(c) The clerk shall tax the following fees for services in ~~any~~ a criminal case against ~~any~~ a defendant convicted in such court:
(1) In the case of ~~any~~ a misdemeanor, $85; and
(2) In the case of ~~any~~ a felony, $105, of which $10 ~~of that amount~~ shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
(d) The clerk of a circuit court shall charge and collect a fee of $25 per bond for services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the time of issuance by the person or entity set forth below:
(1) For cash bonds, the fee shall be paid by the person tendering cash as bond;
(2) For recognizance bonds secured by real estate, the fee shall be paid by the owner of the real estate serving as surety;
(3) For recognizance bonds secured by a surety company, the fee shall be paid by the surety company;
(4) For ten-percent recognizance bonds with surety, the fee shall be paid by the person serving as surety; and
(5) For ten-percent recognizance bonds without surety, the fee shall be paid by the person tendering ten percent of the bail amount.
In instances in which the total of the bond is posted by more than one bond instrument, the above fee shall be collected at the time of issuance of each bond instrument processed by the clerk and all fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Nothing in this subsection ~~may be construed as authorizing~~ authorizes the clerk to collect the above fee from any person for the processing of a personal recognizance bond.
(e) The clerk of a circuit court shall charge and collect a fee of $10 for services rendered by the clerk for processing of bailpiece and the fee shall be paid by the surety at the time of issuance. All fees collected pursuant to this subsection shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
(f) No clerk ~~shall be~~ is required to handle or accept for disbursement any fees, cost or amounts of any other officer or party not payable into the county treasury except on written order of the court or in compliance with the provisions of law governing such fees, costs or accounts.
§59-1-13. Fees to be charged by Clerk of Supreme Court of Appeals.
The Clerk of the Supreme Court of Appeals shall charge the following fees to be paid by the parties for whom the services are rendered:
For all copies of petitions, records, orders, opinions or other papers, per page
. 25¢
For each certificate under seal of the court $5
For license to practice law, suitable for framing.$25
For docketing any civil appeals, including appeals from family courts, but not including, appeals in workers' compensations cases, any action in the Supreme Court's original jurisdiction or any other action, cause or proceeding$200
For any other work or services not herein enumerated, the clerk shall charge the fees prescribed for similar services by clerks of circuit courts.
Fees collected for docketing civil appeals shall be expended, in the discretion of the West Virginia Supreme Court of Appeals, solely to provide grants to the federally designated provider of civil legal services for low income citizens in the state.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 428--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, all relating to fees collected by clerks of court to be used to enhance funding for civil legal services for victims of domestic violence and low income citizens in the state.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 428, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 428) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2011, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 435, Amending insurance code with respect to surplus lines insurance.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page twenty-five, section seven, lines twenty-six and twenty-seven, by striking out the words "section three" and inserting in lieu thereof the words "section thirty-three";
On page twenty-five, section seven, line twenty-eight, by striking out the words "subsection (h)" and inserting in lieu thereof the words "subdivision (2), subsection (f)";
On pages twenty-six through twenty-nine, section seven, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f), to read as follows:
(f) (1) This tax is imposed for the purpose of providing additional revenue for municipal policemen's and firemen's pension and relief funds and additional revenue for volunteer and part- volunteer fire companies and departments. This tax is required to be paid and remitted, on a calendar year basis and in quarterly estimated installments due and payable on or before the twenty-fifth day of the month succeeding the close of the quarter in which they accrued, except for the fourth quarter, in respect of which taxes shall be due and payable and final computation of actual total liability for the prior calendar year shall be made, less credit for the three quarterly estimated payments prior made, and filed with the annual return to be made on or before March 1 of the succeeding year. Provisions of this chapter relating to the levy, imposition and collection of the regular premium tax are applicable to the levy, imposition and collection of this tax to the extent that the provisions are not in conflict with this section.
(2) ~~All~~ Except as provided in subsection (a) of this section, all taxes remitted to the commissioner pursuant to subdivision (1) of this subsection shall be paid by him or her into a special account in the State Treasury, designated Municipal Pensions and Protection Fund, or pursuant to section eighteen-b, article twenty- two, chapter eight of this code, the Municipal Pensions Security Fund, and after appropriation by the Legislature, shall be distributed in accordance with the provisions of subsection (c), section fourteen-d, article three of this chapter. The surplus lines licensee shall return to the policyholder the tax on any unearned portion of the premium returned to the policyholder because of cancellation of policy.;
On page thirty-one, section seven, lines one hundred fifty- three through one hundred seventy-one, by striking out all of subsection (h) and inserting in lieu thereof a new subsection (h), to read as follows:
(h) The commissioner is authorized to participate in a clearinghouse established through NIMA or in a similar allocation procedure for the purpose of collecting and disbursing to signatory states any funds collected pursuant to this section that are allocable to properties, risks or exposures located or to be performed outside of this state: Provided, That twelve percent of any moneys received from a clearinghouse or through a similar allocation procedure is subject to the provisions of subsection (d), section thirty-three, article three of this chapter and eighty-eight percent of such moneys is subject to the provisions of subdivision (2), subsection (f) of this section: Provided, however, That to the extent other states where portions of the properties, risks or exposures reside have failed to enter into NIMA or a similar allocation procedure with this state, the net premium tax collected shall be retained by this state and shall be disbursed and distributed in the same manner as moneys received through a clearinghouse or similar allocation procedure.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 435--A Bill to amend and reenact §33-12C- 3, §33-12C-5, §33-12C-7 and §33-12C-8 of the Code of West Virginia, 1931, as amended, all relating to surplus lines insurance; defining terms; providing for compliance with the federal Nonadmitted and Reinsurance Reform Act of 2010; authorizing Insurance Commissioner to enter into multi-state agreements regarding taxation of surplus lines insurance; establishing a blended taxation rate; authorizing participation in clearinghouse or other process for allocation of taxes; specifying disbursement and distribution of moneys; restricting certain provisions to transactions in which West Virginia is the home state of the insurer; and exempting certain large entities from compliance with due diligence requirements.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 435, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 435) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 435) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 472, Relating to portable electronics insurance.
On motion of Senator Unger, 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 eight, section thirty-two-a, lines one hundred thirty through one hundred thirty-five, by striking out all of paragraph (D) and inserting in lieu thereof a new paragraph (D), to read as follows:
(D) No employee or authorized representative of a vendor of portable electronics is compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for enrolling customers for portable electronics insurance coverage so long as the compensation for those activities ~~under the limited lines license which~~ is incidental to their overall compensation.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 472, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 472) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 570, Creating Volunteer for Nonprofit Youth Organizations Act.
On motion of Senator Unger, 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §29-29-1, §29-29-2, §29- 29-3, §29-29-4, §29-29-5, §29-29-6 and §29-29-7, all to read as follows:
ARTICLE 29. VOLUNTEER FOR NONPROFIT YOUTH ORGANIZATIONS ACT.

§29-29-1. Short title.
This article shall be known as and may be cited to as the "Volunteer for Nonprofit Youth Organizations Act".
§29-29-2. Legislative purpose.
The Legislature finds that:
(1) Adventure and recreational activities attractive to nonprofit youth organizations interested in training and inspiring young people from other parts of the United States and throughout the world will contribute significantly to the economy of West Virginia, and enhance the state's reputation as a place to visit and transact business; and
(2) Nonprofit youth organizations must rely on volunteers to staff and support their events and programs and that some of the volunteers are medical, nursing, emergency medical service and law- enforcement professionals authorized to practice in other states. Because of the large number of volunteers required to support those events and programs, the benefits these events and programs provide to youth, the multicounty areas those events and programs may cover and the number of agencies potentially involved in granting authorizations to practice for those volunteers to provide those services in this state, it is in the state's best interest to provide a streamlined system to permit those volunteers to practice for the periods of time they engage in volunteer work at those events and programs.
§29-29-3. Definitions.
As used in this article:
(a) "Applicant" means any emergency medical service applicant, law-enforcement applicant or medical services applicant, that is registered as a volunteer of the nonprofit organization, making application for a nonprofit volunteer permit under the provisions of this article.
(b) "Appropriate licensing agency" means the board, department, division or other agency in each jurisdiction charged with the licensing, certification or permitting of persons performing services of the nature and kind described or duties provided for in this article.
(c) "Emergency medical service applicant" means a person authorized to provide emergency medical services in West Virginia, or in another state who but for this article would be required to obtain a certification from the Commissioner of the Bureau for Public Health pursuant to article eight, chapter sixteen of this code to perform emergency medical services in this state.
(d) "Law-enforcement applicant" means a person authorized to work as a law-enforcement officer in West Virginia, or in another state who but for this article would be required to obtain authorization pursuant to article twenty-nine, chapter thirty of this code to work as a law-enforcement officer in this state: Provided, That any person authorized to work as a law-enforcement officer in another state shall have completed a training program approved by the governing authority of a political subdivision in order to work as a law-enforcement officer in that state.
(e) "Medical services applicant" means a person authorized to provide medical services in West Virginia, or in another state who but for this article would be required to obtain authorization to practice in this state, and who is a:
(1) Practitioner of medicine or surgery as defined in article three, chapter thirty of this code;
(2) Physician assistant as defined in section three, article three, chapter thirty of this code;
(3) Dentist or dental assistant as defined in article four, chapter thirty of this code;
(4) Nurse as defined in article seven or seven-a, chapter thirty of this code;
(5) Osteopathic physician or surgeon as defined in article fourteen, chapter thirty of this code;
(6) Osteopathic physician assistant as defined in article fourteen-a, chapter thirty of this code; and
(7) Physical therapist as defined in article twenty, chapter thirty of this code;
(f) "Nonprofit volunteer permit" or "permit" means a permit issued to an applicant pursuant to the provisions of this article.
(g) "Nonprofit volunteer permittee" or "permittee" means a person holding a nonprofit volunteer permit issued under the provisions of this article.
(h) "Nonprofit youth organization" or "organization" means any nonprofit organization, including any subsidiary, affiliated or other related entity within its corporate or business structure, that has been chartered by the United States Congress to help train young people to do things for themselves and others, and that has established an area of at least six thousand contiguous acres within West Virginia in which to provide adventure or recreational activities for these young people and others.
(i) "Nonprofit volunteer organization medical director" means an individual licensed in West Virginia as a practitioner of medicine or surgery pursuant to article three, chapter thirty of this code, or an individual licensed in West Virginia as an osteopathic physician or surgeon pursuant to article fourteen, chapter thirty of this code, that has been designated by the nonprofit volunteer organization to serve as the medical director for an event or program offered by the organization.

§29-29-4. Exemption from professional licensure.

(a) Notwithstanding any other provision of this code, any individual rendering services in this state in connection with any event or program offered by the nonprofit youth organization is exempt from obtaining an authorization to practice from the appropriate licensing agency of this state while providing services within the limits of his or her authorization to practice, but is required to obtain a nonprofit volunteer permit.
(b) The nonprofit youth organization may issue a nonprofit volunteer permit to an applicant, who is a registered volunteer of the nonprofit youth organization serving as a volunteer, without compensation, in connection with any event or program offered by the organization, if:
(1) All authorizations held by the medical services applicant are valid, unrestricted without limitation or condition and in good standing: Provided, That any medical services applicant issued a permit pursuant to this article shall:
(A) Not have prescriptive authority;
(B) Not dispense a Schedule II or Schedule III controlled substance, but may dispense pharmaceutical drugs in a manner consistent with the applicant's training and experience; and
(C) At all times be subject to the direction of nonprofit volunteer organization medical director.
(2) All authorizations held by the law-enforcement applicant are valid, unrestricted without limitation or condition and in good standing and the applicant is deputized by the Superintendent of the West Virginia State Police pursuant to subsection (e), section twelve, article two, chapter fifteen of this code prior to rendering any law-enforcement services: Provided, That:
(A) Any permit issued pursuant to this article shall not supersede the authority or duty of a law-enforcement officer certified pursuant to article twenty-nine, chapter thirty of this code to preserve law and order on the premises;
(B) The Superintendent of the West Virginia State Police has sole discretion in determining whether to deputize any law- enforcement applicant; and
(C) The jurisdiction for a law-enforcement applicant issued a permit pursuant to the provisions of this article shall be limited to:
(i) The property owned by the nonprofit youth organization;
(ii) Any street, road or thoroughfare, except controlled access and open country highways, immediately adjacent to or passing through the property owned by the nonprofit youth organization; and
(iii) Areas of operations in support of an event sponsored by the nonprofit youth organization.
(D) A law-enforcement applicant issued a permit pursuant to the provisions of this article shall at all times be subject to the direction of the Superintendent of the West Virginia State Police.
(3) All authorizations held by the emergency medical service applicant are valid, unrestricted without limitation or condition and in good standing: Provided, That any emergency medical service applicant issued a permit pursuant to this article shall:
(A) Not have prescriptive authority;
(B) Not dispense a Schedule II or Schedule III controlled substance, but may dispense pharmaceutical drugs in a manner consistent with the applicant's training and experience; and
(C) At all times be subject to the direction of nonprofit volunteer organization medical director.
(c) Any services rendered by a permittee shall at all times be performed under the guidelines and instructions of the nonprofit volunteer organization.
(d) A nonprofit volunteer permit issued pursuant to the provisions of this article may only be valid for a period not to exceed ninety days in a calendar year.
§29-29-5. Powers and duties of nonprofit youth organization.
(a) Before the nonprofit youth organization may issue a nonprofit volunteer permit to an applicant, the organization shall:
(1) Gather and maintain the following information for each applicant:
(A) The applicant's name, position, address and phone number;
(B) A copy of the applicant's authorization to practice from all jurisdictions in which the applicant is authorized to practice;
(2) Require documentation that the applicant has received at least two hours of instruction provided by the nonprofit youth organization, which may be accomplished by webinar, video conference or other remote means of instruction;
(3) No more than one hundred twenty days prior to any volunteer services being performed, require documentation from all jurisdictions in which the applicant authorized to practice stating that the applicant's authorization to practice is valid, in good standing and unrestricted and without limitation or condition; and
(4) Require a written acknowledgment signed by the applicant that the rules, regulations and procedures established by the nonprofit youth organization have been received and reviewed.
(b) All information and documentation maintained and gathered pursuant to this section shall be maintained in a safe and secure manner, which may be electronically, by the nonprofit youth organization for a period of ten years from the date a permit is issued to the applicant.
(c) The nonprofit youth organization providing emergency medical services shall have a license to operate an emergency medical services agency pursuant to section six-a, article four-c, chapter sixteen of this code and the Commissioner of the Bureau for Public Health may make such adjustments to the licensing standards to reflect the nature of the services provided by the permittees and the size, scope and interests being served by any event or program of such organization.

§29-29-6. Revocation of nonprofit volunteer permit.

(a) The nonprofit volunteer permit may be revoked at any time by the nonprofit volunteer organization.
(b) The nonprofit volunteer organization shall revoke a nonprofit volunteer permit and shall report the revocation to the appropriate licensing agency in every jurisdiction where the individual holds an authorization to practice for the following reasons:
(1) Professional incompetence;
(2) Professional misconduct; or
(3) Criminal activity.

§29-29-7. Liability of permittees and the nonprofit volunteer organization for volunteer services.

(a) Any claim arising out of the services provided by a permittee or the nonprofit volunteer organization pursuant to this article shall be determined in the same manner and by the same standards as if the permittee was authorized to practice in this state.
(b) The nonprofit youth organization shall carry liability insurance in limits of no less than $1 million per person, and $3 million per occurrence and $50,000 for property damage and this insurance shall extend to the acts of any nonprofit volunteer permittees providing services under this article and shall be primary to any other available insurance.
(c) The liability of nonprofit volunteer permittees shall be limited to the amount of liability insurance available to them under subsection (b) unless the act or omission giving rise to the permittee's liability was the result of willful misconduct: Provided, That permittees deputized by the Superintendent of the West Virginia State Police pursuant to section four of this article and subsection (e), section twelve, article two, chapter fifteen of the code, shall not be considered an insured under the terms of the liability insurance policy provided West Virginia state agencies through the state Board of Risk and Insurance Management.
(d) The West Virginia appropriate licensing agency shall not be liable for any harm or claim arising solely out of the actions of any permittee exempt from obtaining authorization to practice in this state pursuant to this article.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 570--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5, §29-29-6 and §29-29-7, all relating to creating an exemption from licensing for nonprofit youth volunteers; exempting certain volunteers for nonprofit youth organizations from licensing, certification and permitting; exempting certain medical service professionals; exempting certain law-enforcement officers; exempting certain emergency medical service professionals; stating duties of the nonprofit youth organization; providing for the revocation of permits; and defining liability of the volunteers and the nonprofit youth organizations.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 570) 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 that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Senate Bill No. 614, Permitting specific law-enforcement officials access to certain confidential pharmaceutical information.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Perdue, Poore and Border.
On motion of Senator Unger, the Senate refused to appoint a committee of conference and insisted that the House of Delegates recede from its amendments to the bill.
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. Senate Bill No. 616, Relating to post-employment benefits generally.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §4-11A-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §5-16-3 and §5-16-5 of said code be amended and reenacted; that §5-16D-1 and §5-16D-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §5-16D-7; that §11-10-5d of said code be amended and reenacted; that §11-21-96 of said code be amended and reenacted; that §11B-2-20 of said code be amended and reenacted; and that §18-9A-24 of said code be amended and reenacted, all to read as follows:
CHAPTER 4. THE LEGISLATURE.

ARTICLE 11A. LEGISLATIVE APPROPRIATION OF TOBACCO SETTLEMENT FUNDS.

§4-11A-18. Dedication of personal income tax proceeds as replacement moneys for anticipated tobacco master settlement agreement proceeds to the Old Fund and to the West Virginia Retiree Health Benefit Fund.

(a) There is hereby dedicated an annual amount of $50,400,000 from annual collections of the tax imposed by article twenty-one, chapter eleven of this code as a portion of the revenue source dedicated to satisfy the Old Fund liabilities as they occur to provide a dollar for dollar replacement of the first $30 million received pursuant to section IX(c)(1) of the master settlement agreement and the anticipated strategic compensation payments to be received pursuant to section IX(c)(2) of the master settlement agreement as previously dedicated to the Old Fund prior to the sale of state's share to the Tobacco Settlement Finance Authority. No portion of this amount may be pledged for payment of debt service on revenue bonds issued pursuant to article two-d, chapter twenty-three of this code.
(b) Notwithstanding any other provision of this code to the contrary, beginning immediately after the sale of the state's share to the Tobacco Settlement Finance Authority, $50,400,000 from collections of the tax imposed by article twenty-one, chapter eleven of this code shall be deposited each calendar year to the credit of the Old Fund created in article two-d, chapter twenty-three of this code in accordance with the following schedule. Each calendar month, except for July, August and September each year, $5,600,000 shall be transferred, on or before the twenty-eighth day of the month, to the Workers' Compensation Debt Reduction Fund created in article two-d, chapter twenty-three of this code. The transfers pursuant to this section are in addition to the transfers pursuant to section ninety-six, article twenty-one, chapter eleven of this code.
(c) ~~Expiration.~~ The transfers required by this section shall continue to be made until the Governor certifies to the Legislature that an independent actuary study determined that the unfunded liability of the Old Fund, as defined in chapter twenty-three of this code, has been paid or provided for in its entirety. After the Governor certifies to the Legislature that the unfunded liability has been paid or provided for in its entirety as required by this subsection, the amounts deposited pursuant to subsection (b) of this section, shall thereafter be deposited, in accordance with the schedule provided in subsection (b) of this section, into the West Virginia Retiree Health Benefit Trust Fund, until the Governor certifies to the Legislature that an independent actuarial study determined that the unfunded liability of the West Virginia Retiree Health Benefit Trust Fund, as created in section two, article sixteen-d, chapter five of this code has been provided for in its entirety. No transfer pursuant to this section shall be made thereafter.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-3. Composition of Public Employees Insurance Agency; appointment, qualification, compensation and duties of director of agency; employees; civil service coverage.

(a) The Public Employees Insurance Agency consists of the director, the Finance Board, the Advisory Board and any employees who may be authorized by law. The director shall be appointed by the Governor, with the advice and consent of the Senate, and serves at the will and pleasure of the Governor. The director shall have at least three years' experience in health or governmental health benefit administration as his or her primary employment duty prior to appointment as director. The director shall receive actual expenses incurred in the performance of official business. The director shall employ any administrative, technical and clerical employees required for the proper administration of the programs provided in this article. The director shall perform the duties that are required of him or her under the provisions of this article and is the chief administrative officer of the Public Employees Insurance Agency. The director may employ a deputy director.
(b) Except for the director, his or her personal secretary, the deputy director and the chief financial officer, all positions in the agency shall be included in the classified service of the civil service system pursuant to article six, chapter twenty-nine of this code.
(c) The director is responsible for the administration and management of the Public Employees Insurance Agency as provided in this article and in connection with his or her responsibility may make all rules necessary to effectuate the provisions of this article. Nothing in section four or five of this article limits the director's ability to manage on a day-to-day basis the group insurance plans required or authorized by this article, including, but not limited to, administrative contracting, studies, analyses and audits, eligibility determinations, utilization management provisions and incentives, provider negotiations, provider contracting and payment, designation of covered and noncovered services, offering of additional coverage options or cost containment incentives, pursuit of coordination of benefits and subrogation or any other actions which would serve to implement the plan or plans designed by the Finance Board. The director is to function as a benefits management professional and should avoid political involvement in managing the affairs of the Public Employees Insurance Agency.
(d) The director should make every effort to evaluate and administer programs to improve quality, improve health status of members, develop innovative payment methodologies, manage health care delivery costs, evaluate effective benefit designs, evaluate cost sharing and benefit based programs, and adopt effective industry programs that can manage the long term effectiveness and costs for the programs at the Public Employees Insurance Agency to include, but not be limited to:
(1) Increasing generic fill rates;
(2) Managing specialty pharmacy costs;
(3) Implementing and evaluating medical home models and health care delivery;
(4) Coordinating with providers, Medicaid and private insurance carriers to encourage the establishment of cost effective accountable care organizations;
(5) Exploring and developing advanced payment methodologies for care delivery such as case rates, capitation, and other potential risk sharing models and partial risk sharing models for accountable care organizations and/or medical homes;
(6) Adopting in a timely manner measures identified by the Centers for Medicare and Medicaid Services to reduce cost and enhance quality;
(7) Evaluating the expenditures to reduce excessive use of emergency room visits, imaging services and other drivers of the agency's medical rate of inflation;
(8) Recommending cutting edge benefit designs to the Finance Board to drive behavior and control costs for the plans;
(9) Implementing programs to encourage the use of the most efficient and high quality providers by employees and retired employees;
(10) Identifying employees and retired employees who have multiple chronic illnesses and initiating programs to coordinate the care of these patients;
(11) Initiating steps by the agency to limit or eliminate the payment by the agency for treating hospital acquired infections; and
(12) Initiating steps by the agency to limit or eliminate the number of employees and retired employees who are readmitted to a hospital for the same diagnosis-related group illness within thirty days of being discharged by a hospital in this state or another state.
(e) On July 1, 2011, and every year thereafter until and including July 1, 2016, the director shall issue a progress report to the Joint Committee on Government and Finance on the implementation of the reforms in this section. The report shall include, but not be limited to, the following:
(1) The status of implementation of accountable care organizations, medical homes, including the number of employees or retired employees who are enrolled in accountable care organizations or medical homes, the methodology used by the agency to reimburse accountable care organizations, and any cost savings or cost increases or quality improvement for employees or retired employees who use accountable care organizations or medical homes;
(2) The cost of implementing any of the reforms listed in this section and projected cost savings and/or quality improvements from the implementation of these initiatives; and
(3) Any additional cost containment measures that he or she believes are warranted.
(f) Notwithstanding any provision of this code to the contrary, the director may decrease copayments or coinsurance rates and the board may decrease or increase copayments or coinsurance rates throughout the plan year in order to encourage the use of accountable care organizations, medical homes, federally qualified health centers and private physician offices that accept capitated rates for preventive and primary care, and the use of high performing hospitals and physician.

§5-16-5. Purpose, powers and duties of the finance board; initial financial plan; financial plan for following year; and annual financial plans.

(a) The purpose of the finance board created by this article is to bring fiscal stability to the Public Employees Insurance Agency through development of annual financial plans and long-range plans designed to meet the agency's estimated total financial requirements, taking into account all revenues projected to be made available to the agency and apportioning necessary costs equitably among participating employers, employees and retired employees and providers of health care services.
(b) The finance board shall retain the services of an impartial, professional actuary, with demonstrated experience in analysis of large group health insurance plans, to estimate the total financial requirements of the Public Employees Insurance Agency for each fiscal year and to review and render written professional opinions as to financial plans proposed by the finance board. The actuary shall also assist in the development of alternative financing options and perform any other services requested by the finance board or the director. All reasonable fees and expenses for actuarial services shall be paid by the Public Employees Insurance Agency. Any financial plan or modifications to a financial plan approved or proposed by the finance board pursuant to this section shall be submitted to and reviewed by the actuary and may not be finally approved and submitted to the Governor and to the Legislature without the actuary's written professional opinion that the plan may be reasonably expected to generate sufficient revenues to meet all estimated program and administrative costs of the agency, including incurred but unreported claims, for the fiscal year for which the plan is proposed. The actuary's opinion on the financial plan for each fiscal year shall allow for no more than thirty days of accounts payable to be carried over into the next fiscal year. The actuary's opinion for any fiscal year shall not include a requirement for establishment of a reserve fund.
(c) All financial plans required by this section shall establish:
(1) Maximum levels of reimbursement which the Public Employees Insurance Agency makes to categories of health care providers;
(2) Any necessary cost-containment measures for implementation by the director;
(3) The levels of premium costs to participating employers; and
(4) The types and levels of cost to participating employees and retired employees.
The financial plans may provide for different levels of costs based on the insured's ability to pay, as evidenced by the insured member's and any covered insureds' West Virginia income tax return. The finance board may establish different levels of costs to retired employees based upon length of employment with a participating employer, ability to pay or other relevant factors. The financial plans may also include optional alternative benefit plans with alternative types and levels of cost. The finance board may develop policies which encourage the use of West Virginia health care providers.
In addition, the finance board may allocate a portion of the premium costs charged to participating employers to subsidize the cost of coverage for participating retired employees, on such terms as the finance board determines are equitable, ~~and~~ financially responsible and consistent with the following:
The finance board may include in the financial plans a subsidy for the cost of coverage for retired employees who were hired before July 1, 2010, not to exceed on average $2,340 per member per year which may not be escalated more than four percent per year: Provided, That if a retiree is not sixty-five years of age or older, the subsidy may not exceed on average $3,960 per member per year which may not be escalated more than two percent per year. If the finance board includes in the financial plan any subsidy pursuant to this section, it must include a schedule of premium subsidies based on, at a minimum: (1) The financial need as determined by a retiree's and any covered insureds' entire income as evidenced by the retiree's and any covered insureds' West Virginia income tax return; and (2) the retiree's number of years of service.
(d) (1) The finance board shall prepare an annual financial plan for each fiscal year during which the finance board remains in existence. The finance board chairman shall request the actuary to estimate the total financial requirements of the Public Employees Insurance Agency for the fiscal year.
(2) The finance board shall prepare a proposed financial plan designed to generate revenues sufficient to meet all estimated program and administrative costs of the Public Employees Insurance Agency for the fiscal year. The proposed financial plan shall allow for no more than thirty days of accounts payable to be carried over into the next fiscal year. Before final adoption of the proposed financial plan, the finance board shall request the actuary to review the plan and to render a written professional opinion stating whether the plan will generate sufficient revenues to meet all estimated program and administrative costs of the Public Employees Insurance Agency for the fiscal year. The actuary's report shall explain the basis of its opinion. If the actuary concludes that the proposed financial plan will not generate sufficient revenues to meet all anticipated costs, then the finance board shall make necessary modifications to the proposed plan to ensure that all actuarially determined financial requirements of the agency will be met.
(3) Upon obtaining the actuary's opinion, the finance board shall conduct one or more public hearings in each congressional district to receive public comment on the proposed financial plan, shall review the comments and shall finalize and approve the financial plan.
(4) Any financial plan shall be designed to allow thirty days or less of accounts payable to be carried over into the next fiscal year. For each fiscal year, the Governor shall provide his or her estimate of total revenues to the finance board no later than October 15, of the preceding fiscal year: Provided, That, for the prospective financial plans required by this section, the Governor shall estimate the revenues available for each fiscal year of the plans based on the estimated percentage of growth in general fund revenues. The finance board shall submit its final, approved financial plan, after obtaining the necessary actuary's opinion and conducting one or more public hearings in each congressional district, to the Governor and to the Legislature no later than January 1, preceding the fiscal year. The financial plan for a fiscal year becomes effective and shall be implemented by the director on July 1, of the fiscal year. In addition to each final, approved financial plan required under this section, the finance board shall also simultaneously submit financial statements based on generally accepted accounting practices (GAAP) and the final, approved plan restated on an accrual basis of accounting, which shall include allowances for incurred but not reported claims: Provided, ~~however,~~ That the financial statements and the accrual-based financial plan restatement shall not affect the approved financial plan.
(e) The provisions of chapter twenty-nine-a of this code shall not apply to the preparation, approval and implementation of the financial plans required by this section.
(f) By January 1 of each year, the finance board shall submit to the Governor and the Legislature a prospective financial plan, for a period not to exceed five years, for the programs provided in this article. Factors that the board shall consider include, but are not limited to, the trends for the program and the industry; the medical rate of inflation; utilization patterns; cost of services; and specific information such as average age of employee population, active to retiree ratios, the service delivery system and health status of the population.
(g) The prospective financial plans shall be based on the estimated revenues submitted in accordance with subdivision (4), subsection (d) of this section and shall include an average of the projected cost-sharing percentages of premiums and an average of the projected deductibles and copays for the various programs. Beginning in the plan year which commences on July 1, 2002, and in each plan year thereafter, until and including the plan year which commences on July 1, 2006, the prospective plans shall include incremental adjustments toward the ultimate level required in this subsection, in the aggregate cost-sharing percentages of premium between employers and employees, including the amounts of any subsidization of retired employee benefits. Effective in the plan year commencing on July 1, 2006, and in each plan year thereafter, the aggregate premium cost-sharing percentages between employers and employees, including the amounts of any subsidization of retired employee benefits, shall be at a level of eighty percent for the employer and twenty percent for employees, except for the employers provided in subsection (d), section eighteen of this article whose premium cost-sharing percentages shall be governed by that subsection. After the submission of the initial prospective plan, the board may not increase costs to the participating employers or change the average of the premiums, deductibles and copays for employees, except in the event of a true emergency as provided in this section: Provided, That if the board invokes the emergency provisions, the cost shall be borne between the employers and employees in proportion to the cost-sharing ratio for that plan year: Provided, however, That for purposes of this section, "emergency" means that the most recent projections demonstrate that plan expenses will exceed plan revenues by more than one percent in any plan year: Provided further, That the aggregate premium cost- sharing percentages between employers and employees, including the amounts of any subsidization of retired employee benefits, may be offset, in part, by a legislative appropriation for that purpose.
(h) The finance board shall meet on at least a quarterly basis to review implementation of its current financial plan in light of the actual experience of the Public Employees Insurance Agency. The board shall review actual costs incurred, any revised cost estimates provided by the actuary, expenditures and any other factors affecting the fiscal stability of the plan and may make any additional modifications to the plan necessary to ensure that the total financial requirements of the agency for the current fiscal year are met. The finance board may not increase the types and levels of cost to employees during its quarterly review except in the event of a true emergency.
(i) For any fiscal year in which legislative appropriations differ from the Governor's estimate of general and special revenues available to the agency, the finance board shall, within thirty days after passage of the budget bill, make any modifications to the plan necessary to ensure that the total financial requirements of the agency for the current fiscal year are met.
ARTICLE 16D. RETIREMENT HEALTH BENEFIT TRUST FUND.
§5-16D-1. Definitions.
As used in this article, the term:
(a) "Actuarial accrued liability" means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided by future normal costs.
(b) "Actuarial cost method" means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and for developing an actuarially equivalent allocation of the value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age and projected unit credit methods.
(c) "Actuarially sound" means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than thirty years.
(d) "Actuarial present value of total projected benefits" means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment.
(e) "Actuarial assumptions" means assumptions regarding the occurrence of future events affecting the fund such as mortality, withdrawal, disability and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and other asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other relevant items.
(f) "Actuarial valuation" means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets and related actuarial present values for the fund.
(g) "Administrative expenses" means all expenses incurred in the operation of the fund, including all investment expenses.
(h) "Annual required contribution" means the amount employers must contribute in a given year to fully fund the trust, as determined by the actuarial valuation in accordance with requirements of generally accepted accounting principles. This amount shall represent a level of funding that if paid on an ongoing basis is projected to cover the normal cost each year and amortize any unfunded actuarial liabilities of the plan over a period not to exceed thirty years.
(i) "Board" means the Public Employees Insurance Agency Finance Board created in section four, article sixteen of this chapter.
(j) "Contractually required contribution" means an amount determined annually by the board to be billed to each employer, which amount shall at least equal the minimum annual employer payment and may be any amount up to, but may not exceed, the employer annual required contribution.
~~(j)~~ (k) "Cost-sharing multiple employer plan" means a single plan with pooling (cost-sharing) arrangements for the participating employers. All risk, rewards, and costs, including benefit costs, are shared and not attributed individually to the employers. A single actuarial valuation covers all plan members and the same contribution rate applies for each employer.
~~(k)~~ (l) "Covered health care expenses" means all actual health care expenses paid by the health plan on behalf of fund beneficiaries. Actual health care expenses include claims payments to providers and premiums paid to intermediary entities and health care providers by the health plan.
~~(l)~~ (m) "Employer" means any employer as defined by section two, article sixteen of this chapter which has or will have retired employees in any Public Employees Insurance Agency health plan.
~~(m)~~ (n) "Employer annual required contribution" means the portion of the annual required contribution which is the responsibility of that particular employer.
~~(n)~~ (o) "Fund" means the West Virginia Retiree Health Benefit Trust Fund established under this article.
~~(o)~~ (p) "Fund beneficiaries" means all persons receiving post- employment health care benefits through the health plan.
~~(p)~~ (q) "Health plan" means the health insurance plan or plans established under article sixteen of this chapter.
~~(q)~~ (r) "Minimum annual employer payment" means the annual amount paid by employers which, when combined with the retirees' contributions on their premiums that year, provide sufficient funds such that the annual finance plan of the finance board will cover all projected retiree covered health care expenses and related administrative costs for that year. The finance board shall develop the minimum annual employer payment as part of its financial plan each year as addressed in section five, article sixteen of this chapter.
~~(r)~~ (s) "Normal cost" means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund.
~~(s)~~ (t) "Obligations" means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries.
~~(t)~~ (u) "Other post-employment benefits" or "retiree post-employment health care benefits" means those benefits as addressed by governmental accounting standards board statement no. 43 or any subsequent governmental standards board statement that may be applicable to the fund.
~~(u)~~ (v) "Plan for other post-employment benefits" means the fiscal funding plan for retiree post-employment health care benefits as it relates to governmental accounting standards board statement no. 43 or any subsequent governmental accounting standards board statements that may be applicable to the fund.
~~(v)~~ (w) "Retiree" means retired employee as defined by section two, article sixteen of this chapter.
~~(w)~~ (x) "Retirement system" or "system" means the West Virginia Consolidated Public Retirement Board created and established by article ten of this chapter and includes any retirement systems or funds administered or overseen by the Consolidated Public Retirement Board.
~~(x)~~ (y) "Unfunded actuarial accrued liability" means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method used by the fund for funding purposes.

§5-16D-6. Mandatory employer contributions.

(a) The board shall annually set the total annual required contribution sufficient to maintain the fund in an actuarially sound manner in accordance with generally accepted accounting principles.
(b) The board shall annually allocate to the respective employers the employer's portion of the annual required contribution, which allocated amount is the "employer annual required contribution".
(c) The board may apportion the annual required contribution into various components. These components may include the amortized unfunded actuarial accrued liability, the total normal cost, the contractually required contributions, the employer annual required contribution and the lesser included minimum annual employer payment. In the board's annual apportionment of the annual required contribution, any amounts of the minimum annual employer payment apportioned to reduce the amortized unfunded actuarial accrued liability shall not be treated as premium by the board in the finance plan but, rather, shall be treated as contributions to prefund other post-employment benefits.
(d) Employers shall make annual contributions to the fund in, at least, the amount of the minimum annual employer payment rates established by the board.
(e) The Public Employees Insurance Agency shall bill each employer for the ~~employer annual~~ contractually required contribution and the included minimum annual employer payment. The Public Employees Insurance Agency shall annually collect the contractually required contribution and the included minimum annual employer payment. The Public Employees Insurance Agency shall, in addition to the ~~minimum annual employer payment~~ contractually required contribution, collect any amounts the employer elects to pay toward the employer annual required contribution. Subject to section twenty-four, article nine-a, chapter eighteen of this code, any employer ~~annual~~ contractually required contribution amount not satisfied by the respective employer shall remain the liability of that employer until fully paid.
§5-16D-7. Select Committee on Other Post Employment Benefits.
(a) Pursuant to the authority contained in section one, article one, chapter four of this code, the presiding officers of each house of the Legislature may appoint a joint committee to study the effects of the amendments to this code relating to other post employment benefits made during the regular session of the Legislature 2011.
(b) Once formed, the select committee shall specifically monitor the effects on retirees, county boards and non-state employers in regards to other post employment benefit costs. The committee shall also work with the public employees insurance agency and the finance board to propose a plan to the Legislature that would provide some alternative benefit for plan employees for whom there is no post employment health benefit.
CHAPTER 11. TAXATION.
ARTICLE 10. WEST VIRGINIA TAX PROCEDURE AND ADMINISTRATION ACT.

§11-10-5d. Confidentiality and disclosure of returns and return information.

(a) General rule. -- Except when required in an official investigation by the Tax Commissioner into the amount of tax due under any article administered under this article or in any proceeding in which the Tax Commissioner is a party before a court of competent jurisdiction to collect or ascertain the amount of such tax and except as provided in subsections (d) through ~~(n)~~ (o), inclusive, of this section, it ~~shall be~~ is unlawful for any officer, employee or agent of this state or of any county, municipality or governmental subdivision to divulge or make known in any manner the tax return, or any part thereof, of any person or disclose information concerning the personal affairs of any individual or the business of any single firm or corporation, or disclose the amount of income, or any particulars set forth or disclosed in any report, declaration or return required to be filed with the Tax Commissioner by any article of this chapter imposing any tax administered under this article or by any rule or regulation of the Tax Commissioner issued thereunder, or disclosed in any audit or investigation conducted under this article. For purposes of this article, tax returns and return information obtained from the Tax Commissioner pursuant to an exchange of information agreement or otherwise pursuant to the provisions of subsections (d) through ~~(n)~~ (o), inclusive, of this section which is in the possession of any officer, employee, agent or representative of any local or municipal governmental entity or other governmental subdivision is subject to the confidentiality and disclosure restrictions set forth in this article: Provided, That such officers, employees or agents may disclose the information in an official investigation, by a local or municipal governmental authority or agency charged with the duty and responsibility to administer the tax laws of the jurisdiction, into the amount of tax due under any lawful local or municipal tax administered by that authority or agency, or in any proceeding in which the local or municipal governmental subdivision, authority or agency is a party before a court of competent jurisdiction to collect or ascertain the amount of the tax. Unlawful disclosure of the information by any officer, employee or agent of any local, municipal or governmental subdivision is subject to the sanctions set forth in this article.
(b) Definitions. -- For purposes of this section:
(1) Background file document. -- The term "background file document", with respect to a written determination, includes the request for that written determination, any written material submitted in support of the request and any communication (written or otherwise) between the State Tax Department and any person outside the State Tax Department in connection with the written determination received before issuance of the written determination.
(2) Disclosure. -- The term "disclosure" means making known to any person in any manner whatsoever a return or return information.
(3) Inspection. -- The terms "inspection" and "inspected" means any examination of a return or return information.
(4) Return. -- The term "return" means any tax or information return or report, declaration of estimated tax, claim or petition for refund or credit or petition for reassessment that is required by, or provided for, or permitted under the provisions of this article (or any article of this chapter administered under this article) which is filed with the Tax Commissioner by, on behalf of, or with respect to any person and any amendment or supplement thereto, including supporting schedules, attachments or lists which are supplemental to, or part of, the return so filed.
(5) Return information. -- The term "return information" means:
(A) A taxpayer's identity; the nature, source or amount of his or her income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax withheld, deficiencies, over assessments or tax payments, whether the taxpayer's return was, is being, or will be examined or subject to other investigation or processing, or any other data received by, recorded by, prepared by, furnished to or collected by the Tax Commissioner with respect to a return or with respect to the determination of the existence, or possible existence, of liability (or the amount thereof) or by any person under the provisions of this article (or any article of this chapter administered under this article) for any tax, additions to tax, penalty, interest, fine, forfeiture or other imposition or offense; and
(B) Any part of any written determination or any background file document relating to such written determination. "Return information" does not include, however, data in a form which cannot be associated with or otherwise identify, directly or indirectly, a particular taxpayer. Nothing in the preceding sentence, or in any other provision of this code, shall be construed to require the disclosure of standards used or to be used for the selection of returns for examination or data used or to be used for determining such standards.
(6) Tax administration. -- The term "tax administration" means:
(A) The administration, management, conduct, direction and supervision of the execution and application of the tax laws or related statutes of this state and the development and formulation of state and local tax policy relating to existing or ~~propose date~~ proposed state and local tax laws and related statutes of this state; and
(B) Includes assessment, collection, enforcement, litigation, publication and statistical gathering functions under the laws of this state and of local governments.
(7) Taxpayer identity. -- The term "taxpayer identity" means the name of a person with respect to whom a return is filed, his or her mailing address, his or her taxpayer identifying number or a combination thereof.
(8) Taxpayer return information. -- The term "taxpayer return information" means return information as defined in subdivision (5) of this subsection which is filed with, or furnished to, the Tax Commissioner by or on behalf of the taxpayer to whom such return information relates.
(9) Written determination. -- The term "written determination" means a ruling, determination letter, technical advice memorandum or letter or administrative decision issued by the Tax Commissioner.
(c) Criminal penalty. -- Any officer, employee or agent (or former officer, employee or agent) of this state or of any county, municipality or governmental subdivision who violates this section ~~shall be~~ is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or ~~imprisoned~~ confined in jail for not more than one year, or both fined and confined, together with costs of prosecution.
(d) Disclosure to designee of taxpayer. -- Any person protected by the provisions of this article may, in writing, waive the secrecy provisions of this section for such purpose and such period as he or she shall therein state. The Tax Commissioner may, subject to such requirements and conditions as he or she may prescribe, thereupon release to designated recipients such taxpayer's return or other particulars filed under the provisions of the tax articles administered under the provisions of this article, but only to the extent necessary to comply with a request for information or assistance made by the taxpayer to such other person. However, return information shall not be disclosed to such person or persons if the Tax Commissioner determines that such disclosure would seriously impair administration of this state's tax laws.
(e) Disclosure of returns and return information for use in criminal investigations. --
(1) In general. -- Except as provided in subdivision (3) of this subsection, any return or return information with respect to any specified taxable period or periods shall, pursuant to and upon the grant of an ex parte order by a federal district court judge, federal magistrate or circuit court judge of this state, under subdivision (2) of this subsection, be open (but only to the extent necessary as provided in such order) to inspection by, or disclosure to, officers and employees of any federal agency, or of any agency of this state, who personally and directly engaged in:
(A) Preparation for any judicial or administrative proceeding pertaining to the enforcement of a specifically designated state or federal criminal statute to which this state, the United States or such agency is or may be a party;
(B) Any investigation which may result in such a proceeding; or
(C) Any state or federal grand jury proceeding pertaining to enforcement of such a criminal statute to which this state, the United States or such agency is or may be a party. Such inspection or disclosure shall be solely for the use of such officers and employees in such preparation, investigation or grand jury proceeding.
(2) Application of order. -- Any United States attorney, any special prosecutor appointed under Section 593 of Title 28, United States Code, or any attorney in charge of a United States justice department criminal division organized crime strike force established pursuant to Section 510 of Title 28, United States Code, may authorize an application to a circuit court judge or magistrate, as appropriate, for the order referred to in subdivision (1) of this subsection. Any prosecuting attorney of this state may authorize an application to a circuit court judge of this state for the order referred to in said subdivision. Upon the application, the judge or magistrate may grant such order if he or she determines on the basis of the facts submitted by the applicant that:
(A) There is reasonable cause to believe, based upon information believed to be reliable, that a specific criminal act has been committed;
(B) There is reasonable cause to believe that the return or return information is or may be relevant to a matter relating to the commission of such act; and
(C) The return or return information is sought exclusively for use in a state or federal criminal investigation or proceeding concerning such act and the information sought to be disclosed cannot reasonably be obtained, under the circumstances, from another source.
(3) The Tax Commissioner may not disclose any return or return information under subdivision (1) of this subsection if he or she determines and certifies to the court that the disclosure would identify a confidential informant or seriously impair a civil or criminal tax investigation.
(f) Disclosure to person having a material interest. -- The Tax Commissioner may, pursuant to legislative regulations promulgated by him or her, and upon such terms as he or she may require, disclose a return or return information to a person having a material interest therein: Provided, That such disclosure shall only be made if the Tax Commissioner determines, in his or her discretion, that the disclosure would not seriously impair administration of this state's tax laws.
(g) Statistical use. -- This section shall not be construed to prohibit the publication or release of statistics so classified as to prevent the identification of particular returns and the items thereof.
(h) Disclosure of amount of outstanding lien. -- If notice of lien has been recorded pursuant to section twelve of this article, the amount of the outstanding obligation secured by such lien may be disclosed to any person who furnishes written evidence satisfactory to the Tax Commissioner that such person has a right in the property subject to the lien or intends to obtain a right in such property.
(i) Reciprocal exchange. -- The Tax Commissioner may, pursuant to written agreement, permit the proper officer of the United States, or the District of Columbia or any other state, or any political subdivision of this state, or his or her authorized representative, who is charged by law with responsibility for administration of a similar tax, to inspect reports, declarations or returns filed with the Tax Commissioner or may furnish to such officer or representative a copy of any document, provided any other jurisdiction grants substantially similar privileges to the Tax Commissioner or to the Attorney General of this state: Provided, That pursuant to written agreement the Tax Commissioner may provide to the assessor of any county, sheriff of any county, or the mayor of any West Virginia municipality the federal employer identification number of any business being carried on within the jurisdiction of the requesting assessor, sheriff or mayor. The disclosure shall be only for the purpose of, and only to the extent necessary in, the administration of tax laws: Provided, That the information may not be disclosed to the extent that the Tax Commissioner determines that such disclosure would identify a confidential informant or seriously impair any civil or criminal tax investigation.
(j) Exchange with municipalities. -- The Tax Commissioner shall, upon the written request of the mayor or governing body of any West Virginia municipality, allow the duly authorized agent of the municipality to inspect and make copies of the state business and occupation tax return filed by taxpayers of the municipality and any other state tax returns (including, but not limited to, consumers sales and services tax return information and health care provider tax return information) as may be reasonably requested by the municipality. Such inspection or copying shall include disclosure to the authorized agent of the municipality for tax administration purposes of all available return information from files of the tax department relating to taxpayers who transact business within the municipality. The Tax Commissioner shall be permitted to inspect or make copies of any tax return and any return information or other information related thereto in the possession of any municipality or its employees, officers, agents or representatives that has been submitted to or filed with the municipality by any person for any tax including, but not limited to, the municipal business and occupation tax, public utility tax, municipal license tax, tax on purchases of intoxicating liquors, license tax on horse racing or dog racing and municipal amusement tax.
(k) Release of administrative decisions. -- The Tax Commissioner shall release to the public his or her administrative decisions, or a summary thereof: Provided, That unless the taxpayer appeals the administrative decision to circuit court or waives in writing his or her rights to confidentiality, any identifying characteristics or facts about the taxpayer shall be omitted or modified to an extent so as to not disclose the name or identity of the taxpayer.
(l) Release of taxpayer information. -- If the Tax Commissioner believes that enforcement of the tax laws administered under this article will be facilitated and enhanced thereby, he or she shall disclose, upon request, the names and address of persons:
(A) Who have a current business registration certificate.
(B) Who are licensed employment agencies.
(C) Who are licensed collection agencies.
(D) Who are licensed to sell drug paraphernalia.
(E) Who are distributors of gasoline or special fuel.
(F) Who are contractors.
(G) Who are transient vendors.
(H) Who are authorized by law to issue a sales or use tax exemption certificate.
(I) Who are required by law to collect sales or use taxes.
(J) Who are foreign vendors authorized to collect use tax.
(K) Whose business registration certificate has been suspended or canceled or not renewed by the Tax Commissioner.
(L) Against whom a tax lien has been recorded under section twelve of this article (including any particulars stated in the recorded lien).
(M) Against whom criminal warrants have been issued for a criminal violation of this state's tax laws.
(N) Who have been convicted of a criminal violation of this state's tax laws.
(m) Disclosure of return information to child support enforcement division. -
(1) State return information. -- The Tax Commissioner may, upon written request, disclose to the child support enforcement division created by article two, chapter forty-eight-a of this code:
(A) Available return information from the master files of the tax department relating to the Social Security account number, address, filing status, amounts and nature of income and the number of dependents reported on any return filed by, or with respect to, any individual with respect to whom child support obligations are sought to be enforced; and
(B) Available state return information reflected on any state return filed by, or with respect to, any individual described in paragraph (A) of this subdivision relating to the amount of the individual's gross income, but only if such information is not reasonably available from any other source.
(2) Restrictions on disclosure. -- The Tax Commissioner shall disclose return information under subdivision (1) of this subsection only for purposes of, and to the extent necessary in, collecting child support obligations from and locating individuals owing such obligations.
(n) Disclosure of names and addresses for purposes of jury selection. -- The Tax Commissioner shall, at the written request of a circuit court or the chief judge thereof, provide to the circuit court within thirty calendar days a list of the names and addresses of individuals residing in the county or counties comprising the circuit who have filed a state personal income tax return for the preceding tax year. The list provided shall set forth names and addresses only. The request shall be limited to counties within the jurisdiction of the requesting court.
The court, upon receiving the list or lists, shall direct the jury commission of the appropriate county to merge the names and addresses with other lists used in compiling a master list of residents of the county from which prospective jurors are to be chosen. Immediately after the master list is compiled, the jury commission shall cause the list provided by the Tax Commissioner and all copies thereof to be destroyed and shall certify to the circuit court and to the Tax Commissioner that the lists have been destroyed.
(o) Disclosure of return information to Public Employees Insurance Agency. --
(1) The Tax Commissioner may, upon written request by the Finance Board of the Public Employees Insurance Agency, disclose to the Finance Board, all available return information from the master files of the tax department relating to the Social Security account number, address, filing status, amounts and nature of income and the number of dependents reported on any return filed by, or with respect to, any individual receiving coverage from the Public Employees Insurance Agency. The Tax Commissioner may authorize disclosures authorized by this subsection in the form of regular, automated exchanges.
(2) Restrictions on disclosure. -- The Tax Commissioner shall disclose return information under subdivision (1) of this subsection only for purposes of, and to the extent necessary in, establishing income for all family wage earners covered by the Public Employees Insurance Agency to determine total income sliding scale premiums.
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-96. Dedication of personal income tax proceeds.
(a) There is hereby dedicated an annual amount of $45 million from annual collections of the tax imposed by this article for payment of the unfunded liability of the current workers compensation fund. No portion of this amount may be pledged for payment of debt service on revenue bonds issued pursuant to article two-d, chapter twenty-three of this code.
(b) Notwithstanding any other provision of this code to the contrary, beginning in January 2006, $45 million from collections of the tax imposed by this article shall be deposited each calendar year to the credit of the Old Fund created in article two-c, chapter twenty-three of this code, in accordance with the following schedule. Each calendar month, except for July, August and September each year, $5 million shall be transferred, on or before the twenty-eighth day of the month, to the workers' compensation debt reduction fund created in article two-d, chapter twenty-three of this code.
(c) ~~Expiration.~~ The transfers required by this section shall continue to be made until the Governor certifies to the Legislature that an independent ~~actuary~~ actuarial study determined that the unfunded liability of the Old Fund, as defined in chapter twenty-three of this code, has been paid or provided for in its entirety. Thereafter, the $45 million transferred pursuant to this section to the credit of the Old Fund shall be transferred in accordance with the same schedule into West Virginia Retiree Health Benefit Trust Fund, until the Governor certifies to the Legislature that an independent actuarial study determined that the unfunded liability of the West Virginia Retiree Health Benefit Trust Fund, as created in chapter five, article sixteen-d, section two of this code has been provided for in its entirety. No transfer pursuant to this section shall be made thereafter.
CHAPTER 11B. DEPARTMENT OF REVENUE.
ARTICLE 2. STATE BUDGET OFFICE.

§11B-2-20. Reduction of appropriations; powers of Governor; Revenue Shortfall Reserve Fund and permissible uses thereof.

(a) Notwithstanding any provision of this section, the Governor may reduce appropriations according to any of the methods set forth in sections twenty-one and twenty-two of this article. The Governor may, in lieu of imposing a reduction in appropriations, request an appropriation by the Legislature from the Revenue Shortfall Reserve Fund established in this section.
(b) A Revenue Shortfall Reserve Fund is hereby continued within the State Treasury. The Revenue Shortfall Reserve Fund shall be funded as set forth in this subsection from surplus revenues, if any, in the State Fund, General Revenue, as the surplus revenues may accrue from time to time. Within sixty days of the end of each fiscal year, the secretary shall cause to be deposited into the Revenue Shortfall Reserve Fund the first fifty percent of all surplus revenues, if any, determined to have accrued during the fiscal year just ended. The Revenue Shortfall Reserve Fund shall be funded continuously and on a revolving basis in accordance with this subsection up to an aggregate amount not to exceed ten percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended. If at the end of any fiscal year the Revenue Shortfall Reserve Fund is funded at an amount equal to or exceeding ten percent of the State's General Revenue Fund budget for the fiscal year just ended, then there shall be no further obligation of the secretary under the provisions of this section to apply any surplus revenues as set forth in this subsection until that time the Revenue Shortfall Reserve Fund balance is less than ten percent of the total appropriations from the state fund, general revenue.
(c) Not earlier than November 1 of each calendar year, if the state's fiscal circumstances are such as to otherwise trigger the authority of the Governor to reduce appropriations under this section or section twenty-one or section twenty-two of this article, then in that event the Governor may notify the presiding officers of both houses of the Legislature in writing of his or her intention to convene the Legislature pursuant to section nineteen, article VI of the Constitution of West Virginia for the purpose of requesting the introduction of a supplementary appropriation bill or to request a supplementary appropriation bill at the next preceding regular session of the Legislature to draw money from the surplus Revenue Shortfall Reserve Fund to meet any anticipated revenue shortfall. If the Legislature fails to enact a supplementary appropriation from the Revenue Shortfall Reserve Fund during any special legislative session called for the purposes set forth in this section or during the next preceding regular session of the Legislature, then the Governor may proceed with a reduction of appropriations pursuant to sections twenty-one and twenty-two of this article. Should any amount drawn from the Revenue Shortfall Reserve Fund pursuant to an appropriation made by the Legislature prove insufficient to address any anticipated shortfall, then the Governor may also proceed with a reduction of appropriations pursuant to sections twenty-one and twenty-two of this article.
(d) Upon the creation of the fund, the Legislature is authorized and may make an appropriation from the Revenue Shortfall Reserve Fund for revenue shortfalls, for emergency revenue needs caused by acts of God or natural disasters or for other fiscal needs as determined solely by the Legislature.
(e) Prior to October 31, in any fiscal year in which revenues are inadequate to make timely payments of the state's obligations, the Governor may by executive order, after first notifying the presiding officers of both houses of the Legislature in writing, borrow funds from the Revenue Shortfall Reserve Fund. The amount of funds borrowed under this subsection shall not exceed one and one-half percent of the general revenue estimate for the fiscal year in which the funds are to be borrowed, or the amount the Governor determines is necessary to make timely payment of the state's obligations, whichever is less. Any funds borrowed pursuant to this subsection shall be repaid, without interest, and redeposited to the credit of the Revenue Shortfall Reserve Fund within ninety days of their withdrawal.
(f) There is hereby created in the State Treasury the "Revenue Shortfall Reserve Fund - Part B". The Revenue Shortfall Reserve Fund - Part B shall consist of moneys transferred from the West Virginia Tobacco Settlement Medical Trust Fund pursuant to the provisions of section two, article eleven-a, chapter four of this code, repayments made of the loan from the West Virginia Tobacco Settlement Medical Trust Fund to the physician's mutual insurance company pursuant to the provisions of article twenty-f, chapter thirty-three of this code, and all interest and other return earned on the moneys in the Revenue Shortfall Reserve Fund - Part B. Moneys in the Revenue Shortfall Reserve Fund - Part B may be expended solely for the purposes set forth in subsection (d) of this section, subject to the following conditions:
(1) No moneys in the Revenue Shortfall Reserve Fund - Part B nor any interest or other return earned thereon may be expended for any purpose unless all moneys in the Revenue Shortfall Reserve Fund described in subsection (b) of this section have first been expended, except that the interest or other return earned on moneys in the Revenue Shortfall Reserve Fund - Part B may be expended as provided in subdivision (2) of this subsection; and
(2) Notwithstanding any other provision of this section to the contrary, the Legislature may appropriate any interest and other return earned thereon that may accrue on the moneys in the Revenue Shortfall Reserve Fund - Part B after June 30, 2025, for expenditure for the purposes set forth in section three, article eleven-a, chapter four of this code; and
(3) Any appropriation made from Revenue Shortfall Reserve Fund - Part B shall be made only in instances of revenue shortfalls or fiscal emergencies of an extraordinary nature.
(g) Subject to the conditions upon expenditures from the Revenue Shortfall Reserve Fund - Part B prescribed in subsection (f) of this section, in appropriating moneys pursuant to the provisions of this section, the Legislature may in any fiscal year appropriate from the Revenue Shortfall Reserve Fund and the Revenue Shortfall Reserve Fund - Part B a total amount up to, but not exceeding, ten percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended.
(h) (1) Of the moneys in the Revenue Shortfall Reserve Fund, $100 million, or such greater amount as may be certified as necessary by the director of the budget for the purposes of subsection (e) of this section, shall be made available to the West Virginia Board of Treasury Investments for management and investment of the moneys in accordance with the provisions of article six-c, chapter twelve of this code. All other moneys in the Revenue Shortfall Reserve Fund shall be made available to the West Virginia Investment Management Board for management and investment of the moneys in accordance with the provisions of article six, chapter twelve of this code. Any balance of the Revenue Shortfall Reserve Fund including accrued interest and other return earned thereon at the end of any fiscal year shall not revert to the general fund but shall remain in the Revenue Shortfall Reserve Fund for the purposes set forth in this section.
(2) All of the moneys in the Revenue Shortfall Reserve Fund - Part B shall be made available to the West Virginia Investment Management Board for management and investment of the moneys in accordance with the provisions of article six, chapter twelve of this code. Any balance of the Revenue Shortfall Reserve Fund - Part B, including accrued interest and other return earned thereon at the end of any fiscal year, shall not revert to the general fund but shall remain in the Revenue Shortfall Reserve Fund - Part B for the purposes set forth in this section.
(i) Notwithstanding any provision of this section to the contrary, on August 1, 2011, the treasurer shall transfer into the West Virginia Retiree Health Benefit Trust Fund, as created in section two, article sixteen-d, chapter five of this code, $250 million from the balance of funds available in the Revenue Shortfall Reserve Fund - Part B to better capitalize the trust fund.
CHAPTER 18. EDUCATION.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-24. Foundation allowance for public employees insurance fund.

(a) ~~Beginning July 1, one thousand nine hundred ninety-five, and every year thereafter,~~ The allowance to the Public Employees Insurance Agency for school employees shall be made in accordance with the following: The number of individuals employed by county boards ~~of education~~ as professional educators pursuant to section four ~~or five-a~~ of this article, ~~whichever is less,~~ plus the number of individuals employed by county boards ~~of education~~ as service personnel pursuant to section five ~~or five-a~~ of this article, ~~whichever is less,~~ plus the number of individuals employed by county boards as professional student support personnel pursuant to section eight of this article, multiplied by the average premium rate for all ~~county board of education~~ employees established by the Public Employees Insurance Agency Finance Board. The average premium rate for all ~~county board of education~~ employees shall be incorporated into each financial plan developed by the finance board in accordance with section five, article sixteen, chapter five of this code. ~~Such~~ The premiums shall include any proportionate share of retirees subsidy established by the finance board and the difference, if any, between the previous year's actual premium costs and the previous year's appropriation, if the actual cost was greater than the appropriation. The amount of the allowance provided in this subsection shall be paid directly to the West Virginia Public Employees Insurance Agency. Each county board shall reflect its share of the payment as revenue on its financial statements to offset its annual contractually required contribution expense.
(b) Notwithstanding any other provision of section six, article sixteen-d, chapter five of this code to the contrary, any amount of annual contractually required contribution allocated to and billed county boards on or after July 1, 2011, and any amount of the employer annual required contribution allocated and billed to the county boards prior to that date for employees who are employed as professional employees within the limits authorized by section four of this article, employees who are employed as service personnel within the limits authorized by section five of this article, and employees who are employed as professional student support personnel within the limits authorized by section eight of this article, is a liability of the state until fully paid: Provided, That nothing in this subsection requires any specific level of funding by the Legislature in any particular year: Provided, however, That assumption of liability pursuant to this section is not to be construed as creating an employer employee relationship between the state of West Virginia and any employee currently under the employ of a county board.
~~(b)~~ (c) County boards ~~of education shall be responsible~~ are liable for ~~payments to the Public Employees Insurance Agency~~ the annual contractually required contribution billed county boards on or after July 1, 2011, and any amount of the employer annual required contribution allocated and billed to the county boards prior to that date for individuals who are employed as professional employees above and beyond those authorized by section four ~~or five- a, whichever is less and~~ of this article, individuals who are employed as service personnel above and beyond those authorized by section five ~~and five-a whichever is less~~ of this article and individuals who are employed as professional student support personnel above and beyond those authorized by section eight of this article. For each such employee, the county board ~~of education~~ shall forward to the Public Employees Insurance Agency an amount equal to the average premium rate established by the finance board in accordance with subsection (a) of this section: Provided, That the county board shall pay the actual employer premium costs for any county board employee paid from special revenues, federal or state grants, or sources other than state general revenue or county funds.
~~(c)~~ (d) Prior to July 1, 1995, nothing in this article shall be construed to limit the ability of county boards ~~of education~~ to use funds appropriated to county boards ~~of education~~ pursuant to this article to pay employer premiums to the Public Employees Insurance Agency for employees whose positions are funded pursuant to this article. Funds appropriated to county boards ~~of education~~ pursuant to this article shall not be used to pay employer premiums for employees of such boards whose positions are not, or will not be within twenty months, funded by funds appropriated pursuant to this article.;
And,
By striking out the title of the bill and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 616--A Bill to amend and reenact §4-11A-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16-3 and §5-16-5 of said code; to amend and reenact §5-16D-1 and §5-16D-6 of said code; to amend said code by adding thereto a new section, designated §15-16D-7; to amend and reenact §11-10-5d of said code; to amend and reenact §11-21-96 of said code; to amend and reenact §11B-2-20 of said code; and to amend and reenact §18-9A-24 of said code, all relating to the provision of health insurance benefits by the Public Employees Insurance Agency generally; capping the amount the finance board may include in the financial plans as subsidy for the cost of coverage for certain retired employees; escalating the funding; requiring director to report on certain payment and delivery system reforms; authorizing the director and the finance board to change copayments and coinsurance rates under certain circumstances; defining "contractually required contribution"; authorizing the finance board to set minimum annual required contribution below annual required contribution; specifying that each participating government entity is required to remit annual contractual obligation; authorizing the Tax Commissioner to disclose certain return information to the Public Employees Insurance Agency; authorizing the transfer of certain moneys into the West Virginia Retiree Health Benefit Trust Fund from the Revenue Shortfall Reserve Fund - Part B; authorizing the transfer of $45 million to the West Virginia Health Benefit Trust Fund upon certain circumstances; authorizing the transfer of $50,400,000 to the West Virginia Health Benefit Trust Fund upon certain circumstances; specifying that the foundation allowance for Public Employees Insurance Fund shall be paid directly to the West Virginia Public Employees Insurance Agency and each county board shall reflect its share of the payment as revenue on its financial statements to offset the applicable portion of its annual contractually required contribution expense; and providing that any amount of annual contractually required contribution allocated to and billed county boards of education at any period for certain employees is a liability of the state until fully paid.
On motion of Senator Prezioso, the following amendments to the House of Delegates amendments to the bill were reported by the Clerk and considered simultaneously:
On pages thirty-six through forty-two, by striking out all of section twenty;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 616--A Bill to amend and reenact §4-11A-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16-3 and §5-16-5 of said code; to amend and reenact §5-16D-1 and §5-16D-6 of said code; to amend said code by adding thereto a new section, designated §15-16D-7; to amend and reenact §11-10-5d of said code; to amend and reenact §11-21-96 of said code; and to amend and reenact §18-9A-24 of said code, all relating to the provision of health insurance benefits by the Public Employees Insurance Agency generally; capping the amount the finance board may include in the financial plans as subsidy for the cost of coverage for certain retired employees; escalating the funding; requiring director to report on certain payment and delivery system reforms; authorizing the director and the finance board to change copayments and coinsurance rates under certain circumstances; defining "contractually required contribution"; authorizing the finance board to set minimum annual required contribution below annual required contribution; specifying that each participating government entity is required to remit annual contractual obligation; authorizing the Tax Commissioner to disclose certain return information to the Public Employees Insurance Agency; authorizing the transfer of $45 million to the West Virginia Health Benefit Trust Fund upon certain circumstances; authorizing the transfer of $50,400,000 to the West Virginia Health Benefit Trust Fund upon certain circumstances; specifying that the foundation allowance for Public Employees Insurance Fund shall be paid directly to the West Virginia Public Employees Insurance Agency and each county board shall reflect its share of the payment as revenue on its financial statements to offset the applicable portion of its annual contractually required contribution expense; and providing that any amount of annual contractually required contribution allocated to and billed county boards of education at any period for certain employees is a liability of the state until fully paid.
Following discussion,
The question being on the adoption of Senator Prezioso's amendments to the House of Delegates amendments to the bill, the same was put and prevailed.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Senate Bill No. 616, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--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. 616) passed with its Senate amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 616) takes effect from passage.
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 that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2451, Relating to victim impact statements.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
On further motion of Senator Unger, the Senate acceded to the request of the House of Delegates and receded from its amendments to the bill.
Engrossed Committee Substitute for House Bill No. 2451, as amended by deletion, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--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. 2451) 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. Com. Sub. for House Bill No. 2513, Relating to the practice of pharmacy.
On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and insisted upon its position.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Green, unanimous consent being granted, Senator Green addressed the Senate regarding the failure of the House of Delegates to pass Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 424 (Creating Natural Gas Horizontal Well Control Act).
Thereafter, at the request of Senator Snyder, and by unanimous consent, the remarks by Senator Green were ordered extended in the Journal as follows:
SENATOR GREEN: I rise here this evening in complete disappointment and utter disgust of the inaction of our colleagues across the hall. As we approach the final two hours, the list is continuing to grow. But the issue I want to speak to you about is the matter of addressing issues associated with the drilling of natural gas wells in the Marcellus Shale formation. This formation is, perhaps, the most important issue facing us this legislative session. It is an issue that this Legislature can ill afford to make a mistake in the manner in which we deal with it.
It carries with it the need to make sure the body of regulation is adequate to protect our environment, especially as it relates to water withdrawal, usage and disposal associated with drilling processes. It carries with it the need to account for the right of citizens upon whose land drilling occurs. This is due to the much larger scale drilling operations of the Marcellus Shale.
It also carries with it the need to be sensitive to the safety of citizens on local service roads being traveled by the large vehicles and mobile equipment that are used in conjunction with the drilling process. As of February 1, the Department of Transportation has implemented a policy that should achieve that, but we need to be sure. We hear cooperation from the industry is very good and that the Department of Transportation has all the statutory and regulatory authority it needs, but we need to be sure.
From the Senate Energy, Industry and Mining committee, we generated a bill that I feel addressed the environmental issues in a responsible way and increased notice to our landowners when mineral owners or the lessees of mineral owners were about to access their land for drilling purposes. We did so timely to allow for Judiciary committee action and in advance of the crossover date for bills to move from one house of the Legislature to the other.
Unfortunately, the House of Delegates was unable to pass a bill by the crossover date. In fact, they were unable to pass a bill at all and here we are on the 60th day of session with less than two hours to go. This afternoon we discussed options with the House Judiciary chairman and his counsel on how to perhaps get a bill. Nevertheless, the House has not taken action on this legislation that has not only environmental protection considerations for West Virginia but also involves what has been repeatedly described as the single largest economic development event in our state's recent history: The development of the Marcellus Shale--reportedly the largest discovery of natural gas ever. The failure of the House to act and to act timely for meaningful legislation to be adopted is shameful.
Nevertheless, we should never pass legislation just to be passing legislation; and, in this case, it is particularly true that we must get it right. Clearly, had the House passed a bill late this afternoon, we would have been in a posture of being forced into judgments that should only be made after careful thought and reflection.
The development of the Marcellus Shale has brought in and is forecasted to bring in more jobs to our state and generate much needed tax revenues. West Virginia needs the jobs. We need the billions of dollars of risk capital associated with the Marcellus Shale and we need the ancillary economic development it brings. It paves the way for enormous potential for chemical and plastics manufacturing utilizing the raw material of ethylene which is stripped from the natural gas. Still, we cannot do this at the expense of our unique quality of life. We can have both, but we cannot afford to make a mistake by rushing to judgment and throwing together a piece of legislation in the eleventh hour just so we can say we did something.
I regret the House could not complete its work earlier and I regret the House felt it necessary to depart from the work of the Senate. It would be an injustice to the citizens of our state for us to deal with such an important issue in a relative matter of minutes. None of us should even consider leading our citizens down that path. Accordingly, we should not be participating in the conference committee action. And, since the House has failed to act, we are not in that position.
Mr. President, I praise the work of this body in responsibly dealing with one of the major issues of the session. Actually, the Marcellus Shale bill was supposed to be worked by the House first. However, the House was very slow in acting and we moved forward.
The Senate timely provided the House with a bill more than ten days ago--before the crossover day. The House had bills introduced dealing with the Marcellus Shale at the beginning of the session but it did not pass them. Through this time--on the very last day of the session--the House has not acted on this matter. This is something over which the Senate had no control. In fact, only the House could control that. But, Mr. President, it makes us wonder what the commitment of the House leadership is to getting the job done, doing the work of the citizens and businesses of this state that we have been sent here to do. Again, Mr. President, this is shameful.
The bill passed by the Senate addressed many of the issues and concerns. I would just like to tell you all who didn't serve on the committee the issues that we addressed in the original bill, Senate Bill No. 424:
We made the necessary revisions to the definition of terms in the oil and gas laws;
We made sure that we did not adversely impact the depressed conventional drilling business as of today;
We increased the permitting fees for Marcellus Shale drilling permits from $650 to $5,000 for the first well on a multi-well pad and $1,000 per each additional well on the pad in order to give the Department of Environmental Protection additional revenues to beef up its regulatory and enforcement program;
We provided those seeking drilling permits that they must be in compliance with workers' compensation and unemployment security laws;
We created added responsibilities for the natural gas operators for maintaining public roads used over which the necessary hauling occurs;
We expanded the notice provisions to surface land owners and the coal owners of lands where drilling will occur, seismic studies are to be performed and the impoundments are to be located. We doubled the notices from 15 days to 30 days;
We provided for a well site safety plan for the protection of the persons at the drill site and the general public and required that plan to be provided to local emergency planning committees;
We required drill sites of larger than five acres to be certified by a registered professional engineer and submit a site construction plan that must meet certain criteria;
We provided a moratorium on horizontal drilling in karsts formations in Greenbrier and Monroe counties.
We provided new performance standards for those drilling in the Marcellus Shale that they have to abide by;
We provided revisions in the code for those circumstances in which a water well located in close proximity to the drilling operation becomes contaminated making it easier for the property owner to recover from the drillers;
We addressed the concerns about additives in frac water by requiring them to be disclosed;
We provided for increased construction standards for impoundments built to contain the water used in the Marcellus drilling and fracturing processes;
We required detailed water management plans for horizontal wells utilizing more than 210,000 gallons of water from the waters of the state in any one month;
We required the drillers to have a water resources protection plan to include a variety of important considerations to protect our state streams and reservoirs;
We required information to be maintained on the water used in hydraulic fracturing, flowback water and produced water;
We created civil and criminal penalties for the violation of the Horizontal Well Act, including a penalty of up to $100,000 for the willful disposal of wastes generated during the development of horizontal welling;
And,
We established new environmental performance standards for the Marcellus drilling activities.
Our bill protected the environment and protected the waterways of this state.
I am advised and have heard by officials of the Department of Environmental Protection that the agency has inherent powers to regulate the Marcellus Shale. In fact, most of those items are already taking place.
Because of the failure of the House to take action on Senate Bill No. 424 and the continuing need for the Department of Environmental Protection to have additional revenue to support its regulatory oversight of the Marcellus drilling, I call upon Acting Governor Tomblin to work with the Legislature during the upcoming budget week to provide additional funding on an interim basis sufficient to support the Department of Environmental Protection regulatory oversight of the oil and gas operations in this state.
I also ask him to charge the Secretary of the Department of Environmental Protection to provide quarterly updates to the Legislature on needs of his agency relative to the oversight of the agency's regulatory programs.
Finally, let me say as chairman, Mr. President, of your Committee on Energy, Industry and Mining, I am proud of the work that was done by my committee. I'm proud of the work of this body. I regret that we expended considerable time and effort that some might think has gone for naught. However, our work has advanced the dialogue and the recognitions by the Department of Environmental Protection that its responsibilities can be effectively carried out for the most part while we make sure West Virginia gets it right when it come to regulation of and benefit from the development of the Marcellus Shale.
This will be a very important part of our future. And I know that the West Virginia Senate will be standing tall, as I do right now, as a leader in the development of responsible policies to make this so.
Thank you, Mr. President.
__________
The Senate then resumed business under the third order.
A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2532, Zipline Responsibility Act.
Whereupon, Senator Laird, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2532, Zipline Responsibility Act.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2532 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That the both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting section, and agree to the same as follows:
ARTICLE 15. ZIPLINE AND CANOPY TOUR RESPONSIBILITY ACT.
§21-15-1. Legislative purpose.
The Legislature finds that:
(1) The sport of ziplining and canopy touring is practiced by a large number of citizens of West Virginia and also attracts to West Virginia a large number of nonresidents, significantly contributing to the economy of West Virginia; and
(2) There are inherent risks in the sport of ziplining and canopy touring which should be understood by each participant and which are essentially impossible to eliminate by the zipline or canopy tour operator.
§21-15-2. Definitions.
As used in this article:
(1) "ACCT" means the Association for Challenge Course Technology;
(2) "Canopy tours" means a facility not located in an amusement park or carnival which is a supervised or guided educational or recreational activity including, but not limited to, beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers and ziplines, which may be installed on or in trees, poles, portable structures or buildings, or be part of self-supporting structures.
(3) "Challenge course standards" means the Challenge Course Standards: Association for Challenge Course Technology, Seventh Edition (2008), or substantially equivalent standards.
(4) "Division" means the West Virginia Division of Labor.
(5) "Employee" means an officer, agent, employee, servant, or volunteer, whether compensated or not, whether full time or not, who is authorized to act and is acting within the scope of his or her employment or duties with the zipline operator.
(6) "Operator" means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any zipline or canopy tour.
(7) "Participant" means any person who engages in activities on a zipline or canopy tour individually or in a group activity supervised by a zipline or canopy tour operator.
(8) "Special inspector" means a professional inspector who meets the qualifications set forth in ACCT or substantially equivalent standards and is certified by the division pursuant to section eight;
(9) "Zipline" means a commercial recreational activity where participants, by the use of a permanent cable or rope line suspended between support structures, enables a participant attached to a pulley to traverse from one point to another, for the purpose of giving the participants amusement, pleasure, thrills or excitement.
§21-15-3. Duties of a zipline or canopy tour operators.
Every operator shall:
(1) Construct, install, maintain and operate all ziplines and canopy tours in accordance with ACCT challenge course standards or substantially equivalent standards;
(2) Ensure that ziplines and canopy tours are inspected at least annually by the division or a special inspector;
(3) Train employees operating ziplines and canopy tours in accordance with national standards associated with their profession;
(4) Procure and maintain commercial general liability insurance against claims for personal injury, death and property damages occurring upon, in or about the zipline or canopy tour which affords protection to the limit of not less than $1 million for injury or death of a single person, to the limit of $2 million in the aggregate, and to the limit of not less than $50,000 for property damage; and
(5) Maintain records for a period of at least three years from the date of the creation of the record of:
(A) Proof of insurance;
(B) Inspection reports;
(C) Maintenance records; and
(D) Participant acknowledgment of risks and duties.

§21-15-4. Responsibilities of participants; prohibited acts.

(a) It is the duty of each participant to participate as instructed by the operator.
(b) Participants have a duty to act as would a reasonably prudent person when engaging in the sport of ziplining or canopy touring offered by a operator.
(c) No participant may:
(1) Use a zipline or canopy tour without the authority, supervision and guidance of the zipline operator;
(2) Drop, throw or expel any object from a zipline or canopy tour except as authorized by the operator;
(3) Perform any act which interferes with the running or operation of a zipline or canopy tour; or
(4) Engage in any harmful conduct, or willfully or negligently engage in any type of conduct with contributes to cause injury to any person.
§21-15-5. Liability of zipline operators.
(a) A zipline operator shall be liable for injury, loss or damage caused by failure to follow the duties and standard of care set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered.
(b) A zipline operator is not liable for any injury, loss or damage caused by the negligence of any person who is not an agent or employee of the operator.
§21-15-6. Rules.
The division shall promulgate rules for the safe installation, repair, maintenance, use, operation and inspection of all ziplines and canopy tours consistent with ACCT Challenge Course Standards. The rules shall be in addition to any existing applicable safety orders and shall be concerned with the installation, repair, maintenance, use, operation and inspection of ziplines and canopy tours consistent with ACCT Challenge Course Standards. The rules shall be promulgated and designed for the purpose of developing ziplines and canopy tours as a recreational activity and additional tourist attraction in West Virginia. All rules shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.
§21-15-7. Inspection and permit fees.
(a) The division shall charge inspection and permit fees. The annual permit fee is $100.00 for each zipline or canopy tour.
(1) The annual inspection fee, if an inspection is to be done by the division, is $100.00 for each zipline or canopy tour.
(2) The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit.
(3) The division shall waive the inspection fee for a zipline or canopy tour whose operator provides proof of nonprofit business status or for any zipline or canopy tour whose operator provides proof that an inspection has been completed within the last year by a certified special inspector as provided in section nine of this article.
(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any operator requires an inspection as the result of a violation of the permitting requirements of section nine of this article, the division shall charge the operator $75.00 per hour in addition to the established inspection fee, including travel time.
(c) All fees received shall be deposited in a special revenue account in the State Treasury known as the "Amusement Rides and Amusement Attractions Safety Fund". The division may use moneys from the fund for the purpose of enforcement of the provisions of this article. Expenditures are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code.
(d) No inspection fee may be charged public agencies.
§21-15-8. Inspectors.
(a) The division may hire or contract with inspectors to inspect zipline or canopy tours. The division is responsible for oversight and review of the activities of special inspectors and may hire or contract with inspectors to review the activities of special inspectors.
(b) The division shall certify all special inspectors. The division may suspend or revoke any certification of a special inspector upon a showing of good cause. The division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code providing an application process and minimum qualifications for certification of special inspectors. The division may charge an annual certification fee not to exceed $50.00.
§21-15-9. Permits; application; annual inspection.
(a) No operator may knowingly permit the operation of a zipline or canopy tour without a permit issued by the division.
(b) Each year and at least fifteen days before the first time the zipline or canopy tour is made available in this state for public use, an operator shall apply for a permit to the division on a form furnished by the division and containing any information the division may require.
(c) The division shall, upon application and within ten days of the first time the zipline or canopy tour is made available in this state for public use, inspect the zipline or canopy tour.
(d) The division shall inspect all zipline or canopy tours at least once every year.
(e) The division may conduct inspections at any reasonable time without prior notice: Provided, That in lieu of performing its own inspection, the division shall accept inspection reports from special inspectors certified by the division.

§21-15-10. Issuance of permit; certificate of inspection; availability to public.

If, after inspection, a zipline or canopy tour, is found to comply with the rules of the division, the division shall issue a permit to operate. The permit shall be in the form of a certificate of inspection and shall be kept in the records of any operator for a three-year period and shall be readily accessible to the public for inspection at any reasonable time at the zipline location. A copy of the certificate, showing the last date of inspection, shall be affixed to the zipline upon issuance, or at any other location designated by the commissioner of the division.

§21-15-11. Notice of serious physical injury or fatality; investigations; records available to public.

An operator of a zipline or canopy tour shall notify the division not later than twenty-four hours after any fatality or accident occurring as a result of the operation of the zipline or canopy tour that results in a serious physical injury to any person requiring medical treatment or results in a loss of consciousness to any person. Notice to the division may be oral, written or by electronic means, but this notice requirement in no way limits the an operators responsibility to notify emergency or law enforcement personnel of the incident as soon as is reasonably practicable. The division shall investigate each fatality or accident and any safety-related complaint involving a zipline or canopy tour in this state about which the division receives notice. Every operator of a zipline or canopy tour shall keep a record of each accident or fatality and the record shall be kept with the certificate of inspection required by this article and shall be readily accessible to the public for inspection at any reasonable time at the place where the zipline or canopy tour is located.
§21-15-12. Service of process.
Any person, firm or corporation operating a zipline may be served with civil process in the same manner as if the owner or operator was a domestic or foreign corporation.

§21-15-13. Temporary cessation of the operation of a zipline or canopy tour determined to be unsafe.

The division may order, in writing, a temporary cessation of operation of a zipline if it has been determined after inspection to be hazardous or unsafe. Operation may not resume until the conditions are corrected to the satisfaction of the division.
§21-15-14. Regulation of ziplines by cities and counties.
Nothing contained in this article prevents cities and counties from regulating a zipline or canopy tour with regard to any aspect not relating to installation, repair, maintenance, use, operation and inspection of a zipline or canopy tour.;
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §21-15-1, §21-15-2, §21-15- 3, §21-15-4, §21-15-5, §21-15-6, §21-15-7, §21-15-8, §21-15-9, §21- 15-10, §21-15-11, §21-15-12, §21-15-13 and §21-15-14 to read as follows:;
And,
That both houses recede from their respective positions as to the title of the bill and agree to a new title to read as follows:
Eng. Com. Sub. for House Bill No. 2532--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-15-1, §21-15-2, §21-15-3, §21-15-4, §21-15- 5, §21-15-6, §21-15-7, §21-15-8, §21-15-9, §21-15-10, §21-15-11, §21-15-12, §21-15-13 and §21-15-14, all relating to zipline and canopy tour regulation; establishing legislative purpose; defining terms; setting forth duties of zipline and canopy tour operators; requiring liability insurance; establishing responsibilities of participants; defining liability of zipline and canopy tour operators; authorizing the Division of Labor to regulate ziplines and canopy tours; authorizing the Division of Labor to propose rules for Legislative approval; requiring permits and inspections; authorizing the Division of Labor to charge inspection and permit fees; authorizing the Division of Labor to hire or contract with inspectors; authorizing the Division of Labor to certify professional inspectors; requiring notice of serious physical injury or fatality; requiring investigations of serious physical injuries or fatalities; providing for service of process; authorizing the temporary cessation of operations; providing for insurance or bond requirements; and providing for regulation of ziplines and canopy tours by cities and counties.
Respectfully submitted,
Barbara Evans Fleischauer, Chair, John R. Frazier, Bill Hamilton, Conferees on the part of the House of Delegates.
William R. Laird IV, Chair, Mark Wills, Mike Hall, Conferees on the part of the Senate.
Senator Laird, Senate cochair of the committee of conference, was recognized to explain the report.
Thereafter, on motion of Senator Laird, the report was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2532, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2532) passed with its conference 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 adoption by that body of the committee of conference report, passage as amended by the conference report, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2362, Increasing penalties for financial exploitation of an elderly person or incapacitated adult.
Whereupon, Senator Williams, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2362, Increasing penalties for financial exploitation of an elderly person or incapacitated adult.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2362 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That the both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting section, and agree to the same as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-29b. Financial exploitation of an elderly person, protected person or incapacitated adult; penalties; definitions.

(a) Financial exploitation occurs when a person intentionally misappropriates or misuses the funds or assets of an elderly person, protected person or incapacitated adult. Any person who violates this section is guilty of larceny and shall be ordered to pay restitution.
(b) In determining the value of the money, goods, property or services referred to in subsection (a) of the section, it shall be permissible to cumulate amounts or values where such money, goods, property or services were fraudulently obtained as part of a common scheme or plan.
(c) Financial institutions and their employees, as defined by section one, article two-a, chapter thirty-one-a of this code and as permitted by section four, subsection thirteen of that article, others engaged in financially related activities as defined by section one, article eight-c, chapter thirty-one-a of this code, caregivers, relatives and other concerned persons are permitted to report suspected cases of financial exploitation to state or federal law enforcement authorities, the county prosecuting attorney and to the Department of Health and Human Resources, Adult Protective Services Division or Medicaid Fraud Division, as appropriate. Public officers and employees are required to report suspected cases of financial exploitation to the appropriate entities as stated above. The requisite agencies shall investigate or cause the investigation of the allegations.
(d) When financial exploitation is suspected and to the extent permitted by federal law, financial institutions and their employees or other business entities required by federal law or regulation to file suspicious activity reports and currency transaction reports shall also be permitted to disclose suspicious activity reports or currency transaction reports to the prosecuting attorney of any county in which the transactions underlying the suspicious activity reports or currency transaction reports occurred.
(e) Any person or entity that in good faith reports a suspected case of financial exploitation pursuant to this section is immune from civil liability founded upon making that report.
(f) For the purposes of this section:
(1) "Incapacitated adult" means a person as defined by section twenty-nine of this article;
(2) "Elderly person" means a person who is sixty-five years
or older; and
(3) "Protected person" means any person who is defined as a "protected person" in subsection thirteen, section four, article one, chapter forty-four-a of this code and who is subject to the protections of chapter forty-four-a or forty-four-c of this code.;
And,
That the House of Delegates agree to the amendment of the Senate to the title of the bill.
Respectfully submitted,
Michael Caputo, Chair, Larry W. Barker, John N. Ellem, Conferees on the part of the House of Delegates.
Bob Williams, Chair, Mark Wills, David C. Nohe, Conferees on the part of the Senate.
On motions of Senator Williams, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2362, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2362) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, to take effect thirty days from passage, of
Eng. Com. Sub. for House Bill No. 2505, Adding synthetic cannabinoids and hallucinogens and stimulants to the Schedule I list of controlled substances (K2).
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended with its Senate amended title, to take effect July 1, 2011, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 2693, Requiring insurance coverage for autism spectrum disorders.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the Senate amendments to the bill was reported by the Clerk:
On page nine, section seven, after subsection (a), by adding the following:
(b) The agency shall make available to each eligible employee, at full cost to the employee, the opportunity to purchase optional group life and accidental death insurance as established under the rules of the agency. In addition, each employee is entitled to have his or her spouse and dependents, as defined by the rules of the agency, included in the optional coverage, at full cost to the employee, for each eligible dependent; and with full authorization to the agency to make the optional coverage available and provide an opportunity of purchase to each employee.
(c) The finance board may cause to be separately rated for claims experience purposes:
(1) All employees of the State of West Virginia;
(2) All teaching and professional employees of state public institutions of higher education and county boards of education;
(3) All nonteaching employees of the Higher Education Policy Commission, West Virginia Council for Community and Technical College Education and county boards of education; or
(4) Any other categorization which would ensure the stability of the overall program.
(d) The agency shall maintain the medical and prescription drug coverage for Medicare-eligible retirees by providing coverage through one of the existing plans or by enrolling the Medicare- eligible retired employees into a Medicare-specific plan, including, but not limited to, the Medicare/Advantage Prescription Drug Plan. In the event that a Medicare-specific plan would no longer be available or advantageous for the agency and the retirees, the retirees shall remain eligible for coverage through the agency.
On motion of Senator Unger, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendments to the bill.
Engrossed Committee Substitute for House Bill No. 2693, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2693) passed with its Senate amended title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2693) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator McCabe, and by unanimous consent, Senator McCabe addressed the Senate regarding Engrossed Committee Substitute for House Bill No. 2693 (Requiring insurance coverage for autism spectrum disorders).
At the request of Senator Jenkins, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
Eng. Com. Sub. for House Bill No. 2752, Increasing the maximum age for persons applying for appointment for the police force in a Class I or Class II city from thirty-five to forty years.
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, of
Eng. Com. Sub. for House Bill No. 2888, Strengthening of protections for whistleblowers of unsafe working conditions in mines.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 2953, Relating to dedication of coalbed methane severance tax proceeds.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. House Bill No. 2993, Relating to the West Virginia Commercial Patents Incentives Tax Act.
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, of
Eng. Com. Sub. for House Bill No. 3021, Adding two new members to the Comprehensive Behavioral Health Commission.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. Com. Sub. for House Bill No. 3028, Expanding the responsibilities of the Maternal Mortality Review Team.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. Com. Sub. for House Bill No. 3105, Providing immunity from civil or criminal liability for first responders who use forced entry to a residence.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. House Bill No. 3116, Relating to the authority of school curriculum teams and local school collaborative processes.
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, of
Eng. Com. Sub. for House Bill No. 3126, Requiring a railroad company to provide pesticide safety information.
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, of
Eng. House Bill No. 3134, Relating to child support enforcement.
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, of
Eng. Com. Sub. for House Bill No. 3143, Relating to penalties for causing injury or death to certain animals used by law enforcement.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 3163, Relating to workers' compensation programs of state government entities.
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, of
Eng. Com. Sub. for House Bill No. 3185, Allowing county commissions to waive or reduce impact fees and capital improvement fees of affordable housing units in their county.
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, of
Eng. Com. Sub. for House Bill No. 3202, Relating to residential rental security deposits.
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, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 3204, Creating the West Virginia Enterprise Resource Planning Board and Executive Committee.
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, of
Eng. Com. Sub. for House Bill No. 3225, Expanding the definition of harassment, intimidation or bullying.
At the request of Senator Jenkins, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment, as amended by the House of Delegates, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendment, as to
Eng. Com. Sub. for House Bill No. 2639, Authorizing miscellaneous boards and agencies to promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the Senate amendment to the bill was reported by the Clerk:
On page thirty, section eight, subsection (h), after the words "following amendments:" by inserting the following:
"On page five, subsection 10.1., by striking out the word 'not';
And,".
On motion of Senator Unger, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendment to the bill.
Engrossed Committee Substitute for House Bill No. 2639, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Hall, Helmick, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Snyder, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--25.
The nays were: Barnes, Chafin, Foster, Jenkins, Nohe, Prezioso, Stollings and Sypolt--8.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2639) passed with its title.
On motion of Senator Plymale, the Senate reconsidered the vote by which it immediately hereinbefore passed
Eng. Com. Sub. for House Bill No. 2639, Authorizing miscellaneous boards and agencies to promulgate legislative rules.
The vote thereon having been reconsidered,
The question again being on the passage of the bill, the yeas were: Boley, Browning, Edgell, D. Facemire, K. Facemyer, Green, Hall, Helmick, Klempa, Laird, Miller, Minard, Palumbo, Snyder, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--21.
The nays were: Barnes, Beach, Chafin, Fanning, Foster, Jenkins, McCabe, Nohe, Plymale, Prezioso, Stollings and Sypolt--12.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2639) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2639) 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. 192, Protecting consumers from price gouging and unfair pricing practices.
On motion of Senator Unger, 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, line eleven, by striking out the word "ten" and inserting in lieu thereof the word "five";
On page six, section three, line twenty-one, by striking out the word "ten" and inserting in lieu thereof the word "five";
On page seven, section three, line thirty-seven, by striking out the word "ten" and inserting in lieu thereof the word "five";
And,
On page seven, section three, line forty-six, by striking out the word "ten" and inserting in lieu thereof the word "five".
On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 192) and insisted upon its position and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 193, Relating to law-enforcement certification generally.
On motion of Senator Unger, 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 §30-29-1, §30-29-2, §30-29-3 and §30-29-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §30-29-11, all to read as follows:
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-1. Definitions.
For the purposes of this article, unless a different meaning clearly appears in the context:
(1) "Approved law-enforcement training academy" means any training facility which is approved and authorized to conduct law- enforcement training as provided in this article;
(2) "Chief executive" means the superintendent of the State Police; the chief natural resources police officer of the Division of Natural Resources; the sheriff of any West Virginia county; any administrative deputy appointed by the chief natural resources police officer of the Division of Natural Resources; or the chief of any West Virginia municipal law-enforcement agency;
(3) "County" means the fifty-five major political subdivisions of the state;
(4) "Exempt rank" means any noncommissioned or commissioned rank of sergeant or above;
(5) "Governor's Committee on Crime, Delinquency and Correction" or "Governor's committee" means the Governor's Committee on Crime, Delinquency and Correction established as a state planning agency pursuant to section one, article nine, chapter fifteen of this code;
(6) "Law-enforcement officer" means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof, other than parking ordinances, and includes those persons employed as campus police officers at state institutions of higher education in accordance with the provisions of section five, article four, chapter eighteen-b of this code, and persons employed by the Public Service Commission as motor carrier inspectors and weight enforcement officers charged with enforcing commercial motor vehicle safety and weight restriction laws although those institutions and agencies may not be considered law-enforcement agencies. The term also includes those persons employed as rangers by the Hatfield- McCoy Regional Recreation Authority in accordance with the provisions of section six, article fourteen, chapter twenty of this code, although the authority may not be considered a law-enforcement agency: Provided, That the subject rangers shall pay the tuition and costs of training. As used in this article, the term "law- enforcement officer" does not apply to the chief executive of any West Virginia law-enforcement agency or any watchman or special natural resources police officer;
(7) "Law-enforcement official" means the duly appointed chief administrator of a designated law-enforcement agency or a duly authorized designee;
(8) "Municipality" means any incorporated town or city whose boundaries lie within the geographic boundaries of the state;
(9) "Subcommittee" or "law-enforcement ~~training~~ professional standards subcommittee" means the subcommittee of the Governor's Committee on Crime, Delinquency and Correction created by section two of this article; and
(10) "West Virginia law-enforcement agency" means any duly authorized state, county or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof: Provided, That neither the Hatfield-McCoy Regional Recreation Authority, the Public Service Commission nor any state institution of higher education is a law- enforcement agency.
§30-29-2. Law-enforcement professional standards subcommittee.
(a) A The law-enforcement training subcommittee of the Governor's Committee on Crime, Delinquency and Correction is ~~hereby created~~ continued and renamed the Law-Enforcement Professional Standards Subcommittee. The subcommittee has the following responsibilities:
(1) Review and ~~administration of~~ administer programs for qualification, training and certification of law-enforcement officers in the state; and
(2) Consider applications by law-enforcement officers whose certification is deemed inactive as a result of his or her separation from employment with a law-enforcement agency.
(b) The subcommittee shall be comprised of eleven members of the Governor's committee including one representative of each of the following:
(1) ~~The department of public safety,~~ West Virginia State Police;
(2) Law-enforcement section of the Department of Natural Resources;
(3) ~~the~~ West Virginia Sheriffs Association;
(4) ~~the~~ West Virginia Association of Chiefs of Police;
(5) ~~the~~ West Virginia Deputy Sheriffs Association;
(6) ~~the~~ West Virginia State Lodge Fraternal Order of Police ~~lodge~~;
(7) ~~the~~ West Virginia Municipal League;
(8) ~~the~~ West Virginia association of county officials;
(9) ~~the~~ Human Rights Commission;
(10) West Virginia Troopers Association; and
(11) The public at large.
~~(b)~~ (c) The subcommittee shall elect a chairperson and a vice chairperson. Special meetings may be held upon the call of the chairperson, vice chairperson or a majority of the members of the subcommittee. A majority of the members of the subcommittee constitutes a quorum.
§30-29-3. Duties of the Governor's committee and the subcommittee.
Upon recommendation of the subcommittee, the Governor's committee shall, by or pursuant to rules proposed for legislative approval in accordance with article three, chapter twenty-nine-a of this code:
(a) Provide funding for the establishment and support of law- enforcement training academies in the state;
(b) Establish standards governing the establishment and operation of the law-enforcement training academies, including regional locations throughout the state, in order to provide access to each law-enforcement agency in the state in accordance with available funds;
(c) Establish minimum law-enforcement instructor qualifications;
(d) Certify qualified law-enforcement instructors;
(e) Maintain a list of approved law-enforcement instructors;
(f) Promulgate standards governing the qualification of law- enforcement officers and the entry-level law-enforcement training curricula. These standards shall require satisfactory completion of a minimum of four hundred classroom hours, shall provide for credit to be given for relevant classroom hours earned pursuant to training other than training at an established law-enforcement training academy if earned within five years immediately preceding the date of application for certification, and shall provide that the required classroom hours can be accumulated on the basis of a part-time curricula spanning no more than twelve months, or a full- time curricula;
(g) Establish standards governing in-service law-enforcement officer training curricula and in-service supervisory level training curricula;
(h) Certify organized criminal enterprise investigation techniques with a qualified anti-racial profiling training course or module;
(i) Establish standards governing mandatory training to effectively investigate organized criminal enterprises as defined in article thirteen, chapter sixty-one of this code, while preventing racial profiling, as defined in section ten of this article, for entry level training curricula and for law-enforcement officers who have not received such training as certified by the Governor's committee as required in this section;
(j) Establish, no later than July 1, 2011, procedures for implementation of a course in investigation of organized criminal enterprises which includes an anti-racial training module to be available on the internet or otherwise to all law-enforcement officers. The procedures shall include the frequency with which a law-enforcement officer shall receive training in investigation of organized criminal enterprises and anti-racial profiling, and a time frame for which all law-enforcement officers must receive such training: Provided, That all law-enforcement officers in this state shall receive such training no later than July 1, 2012. In order to implement and carry out the intent of this section, the Governor's committee may promulgate emergency rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code;
(k) Certify or decertify or reactivate law-enforcement officers, as provided in ~~section~~ sections five and eleven of this article;
(l) Establish standards and procedures for the reporting of complaints and certain disciplinary matters concerning law- enforcement officers and for reviewing the certification of law- enforcement officers. These standards and procedures shall provide for preservation of records and access to records by law-enforcement agencies and conditions as to how the information in those records is to be used regarding an officer's law-enforcement employment by another law-enforcement agency;
(1) The subcommittee shall establish and manage a database that is available to all law-enforcement agencies in the state concerning the status of any person's certification.
(2) Personnel or personal information not resulting in a criminal conviction is exempt from disclosure pursuant to the provisions of chapter twenty-nine-b of this code.
~~(l)~~ (m) Seek supplemental funding for law-enforcement training academies from sources other than the fees collected pursuant to section four of this article;
~~(m)~~ (n) Any responsibilities and duties as the Legislature may, from time to time, see fit to direct to the committee; and
~~(n)~~ (o) Submit, on or before September 30 of each year, to the Governor, and upon request to individual members of the Legislature, a report on its activities during the previous year and an accounting of funds paid into and disbursed from the special revenue account established pursuant to section four of this article.

§30-29-5. Certification requirements and power to decertify or reinstate.

(a) Except as provided in subsections (b) and (g) below, no a person may not be employed as a law-enforcement officer by any West Virginia law-enforcement agency or by any state institution of higher education or by the Public Service Commission of West Virginia on or after the effective date of this article unless the person is certified, or is certifiable in one of the manners specified in subsections (c) through (e) below, by the Governor's committee as having met the minimum entry level law-enforcement qualification and training program requirements promulgated pursuant to this article: Provided, That the provisions of this section do not apply to persons hired by the Public Service Commission as motor carrier inspectors and weight enforcement officers before July 1, 2007.
(b) Except as provided in subsection (g) below, a person who is not certified, or certifiable in one of the manners specified in subsections (c) through (e) below, may be conditionally employed as a law-enforcement officer until certified: Provided, That within ninety calendar days of the commencement of employment or the effective date of this article if the person is already employed on the effective date, he or she makes a written application to attend an approved law-enforcement training academy. The person's employer shall provide notice, in writing, of the ninety-day deadline to file a written application to the academy within thirty calendar days of that person's commencement of employment. The employer shall provide full disclosure as to the consequences of failing to file a timely written application. The academy shall notify the applicant in writing of the receipt of the application and of the tentative date of the applicant's enrollment. Any applicant who, as the result of extenuating circumstances acceptable to his or her law-enforcement official, is unable to attend the scheduled training program to which he or she was admitted may reapply and shall be admitted to the next regularly scheduled training program. An applicant who satisfactorily completes the program shall, within thirty days of completion, make written application to the Governor's committee requesting certification as having met the minimum entry level law-enforcement qualification and training program requirements. Upon determining that an applicant has met the requirements for certification, the Governor's committee shall forward to the applicant documentation of certification. An applicant who fails to complete the training program to which he or she is first admitted, or was admitted upon reapplication, may not be certified by the Governor's committee: Provided, however, That an applicant who has completed the minimum training required by the Governor's committee may be certified as a law-enforcement officer, notwithstanding the applicant's failure to complete additional training hours required in the training program to which he or she originally applied.
(c) Any person who is employed as a law-enforcement officer on the effective date of this article and is a graduate of the West Virginia basic police training course, the West Virginia State Police cadet training program, or other approved law-enforcement training academy, is certifiable as having met the minimum entry level law-enforcement training program requirements and is exempt from the requirement of attending a law-enforcement training academy. To receive certification, the person shall make written application within ninety calendar days of the effective date of this article to the Governor's committee requesting certification. The Governor's committee shall review the applicant's relevant scholastic records and, upon determining that the applicant has met the requirements for certification, shall forward to the applicant documentation of certification.
(d) Any person who is employed as a law-enforcement officer on the effective date of this article and is not a graduate of the West Virginia basic police training course, the West Virginia State Police Cadet Training Program, or other approved law-enforcement training academy, is certifiable as having met the minimum entry level law-enforcement training program requirements and is exempt from the requirement of attending a law-enforcement training academy if the person has been employed as a law-enforcement officer for a period of not less than five consecutive years immediately preceding the date of application for certification. To receive certification, the person shall make written application within ninety calendar days following the effective date of this article to the Governor's committee requesting certification. The application shall include notarized statements as to the applicant's years of employment as a law-enforcement officer. The Governor's committee shall review the application and, upon determining that the applicant has met the requirements for certification, shall forward to the applicant documentation of certification.
(e) Any person who begins employment on or after the effective date of this article as a law-enforcement officer is certifiable as having met the minimum entry level law-enforcement training program requirements and is exempt from attending a law-enforcement training academy if the person has satisfactorily completed a course of instruction in law enforcement equivalent to or exceeding the minimum applicable law-enforcement training curricula promulgated by the Governor's committee. To receive certification, the person shall make written application within ninety calendar days following the commencement of employment to the Governor's committee requesting certification. The application shall include a notarized statement of the applicant's satisfactory completion of the course of instruction in law enforcement, a notarized transcript of the applicant's relevant scholastic records, and a notarized copy of the curriculum of the completed course of instruction. The Governor's committee shall review the application and, if it finds the applicant has met the requirements for certification shall forward to the applicant documentation of certification.
(f) ~~Any~~ Except as provided in subdivisions (1) through (3) below, any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified shall be automatically terminated and no further emoluments shall be paid to such officer by his or her employer. Any person terminated shall be entitled to reapply, as a private citizen, to the subcommittee for training and certification, and upon being certified may again be employed as a law-enforcement officer in this state: Provided, That if a person is terminated under this subsection because an application was not timely filed to the academy, and the person's employer failed to provide notice or disclosure to that person as set forth in subsection (b) of this section, the employer shall pay the full cost of attending the academy if the person's application to the subcommittee as a private citizen is subsequently approved.
(1) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of hardship and/or circumstance beyond his or her control may apply to the director of a training academy for reentry to the next available academy.
(2) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of voluntary separation from an academy program shall be automatically terminated and no further emoluments may be paid to such officer by his or her employer. Any person terminated as a result of voluntary separation from an academy program may not be conditionally employed as a law-enforcement officer for a period of two years from the date of voluntary separation.
(3) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of dismissal from an academy program shall be automatically terminated and no further emoluments may be paid to such officer by his or her employer. Any person terminated as a result of dismissal from an academy program may not be conditionally employed as a law-enforcement officer for a period of five years from the date of dismissal and receiving approval from the subcommittee.
(g) Nothing in this article may be construed as prohibiting any governing body, Civil Service Commission or chief executive of any West Virginia law-enforcement agency from requiring their law- enforcement officers to meet qualifications and satisfactorily complete a course of law-enforcement instruction which exceeds the minimum entry level law-enforcement qualification and training curricula promulgated by the Governor's committee.
(h) The Governor's committee, or its designee, may de-certify or reactivate a law-enforcement officer pursuant to the procedure contained in this article and legislative rules promulgated by the Governor's committee.
~~(h)~~ (i) The requirement of this section for qualification, training and certification of law-enforcement officers shall not be mandatory during the two years next succeeding ~~the effective date of this article~~ July 9, 1981, for the law-enforcement officers of a law-enforcement agency which employs a civil service system for its law-enforcement personnel, nor shall such provisions be mandatory during the five years next succeeding ~~the effective date of this article~~ July 9, 1981, for law-enforcement officers of a law- enforcement agency which does not employ a civil service system for its law-enforcement personnel: Provided, That ~~such~~ these requirements ~~shall be~~ are mandatory for all such law-enforcement officers until their law-enforcement officials apply for their exemption by submitting a written plan to the Governor's committee which will reasonably assure compliance of all law-enforcement officers of their agencies within the applicable two or five-year period of exemption.
~~(i)~~ (j) Any person aggrieved by a decision of the Governor's committee made pursuant to this article may contest ~~such~~ the decision in accordance with the provisions of article five, chapter twenty-nine-a of this code.
~~(j)~~ (k) Any person terminated from employment for not filing an application to the law-enforcement training academy within ninety days after commencing employment as a law-enforcement officer may appeal the termination to the Governor's committee for reconsideration on an individual basis.
~~(k)~~ (l) Beginning July 1, 2002 until June 13, 2003, any applicant who has been conditionally employed as a law-enforcement officer who failed to submit a timely application pursuant to the provisions of this section, may be conditionally employed as a law- enforcement officer and may resubmit an application pursuant to subsection (b) of this section to an approved law-enforcement training academy. If the applicant is accepted, the employer shall pay compensation to the employee for attendance at the law- enforcement training academy at the rate provided in section eight of this article.

§30-29-11. Certified law-enforcement officers who are separated from their employment.

(a) The certification of a law-enforcement officer who is separated from his or her employment with a West Virginia law-enforcement agency, shall immediately become inactive and remain inactive until the subcommittee authorizes reactivation of the officer's certification pursuant to the procedure set forth in this section.
(b) Whenever a law-enforcement officer is separated from his or her employment with a West Virginia law-enforcement agency, the chief law-enforcement officer of that law-enforcement agency shall notify the subcommittee of the separation within ten days of the date of separation. The notification of the separation from employment shall include reason or reasons the officer is no longer employed.
(c) A person whose law-enforcement certification has become inactive pursuant to subsection (a), may apply to the subcommittee to have his or her certification reactivated.
(d) At the time of his or her application, an applicant for the reactivation of his or her certification, whether for employment purposes or otherwise, shall provide the subcommittee with an authorization for the release of his or her personnel file from the law-enforcement agency with which they were most recently employed.
(e) Upon receipt of an application for reactivation, the subcommittee shall review the notification of separation received from the law-enforcement agency with which the applicant was most recently employed, and unless the notification indicates that the separation from employment was based on circumstances that would result in the applicant being ineligible for certification pursuant to section five of this article, the subcommittee shall grant the applicant a temporary reactivation of his or her certification until a final determination is made pursuant to subsection (i).
(f) The subcommittee may request that the law-enforcement agency from which the applicant was most recently separated, provide a copy of the applicants personnel file or other information relevant to the applicant's separation of employment.
(g) Upon receipt of a request by the subcommittee, the chief law-enforcement official of the law-enforcement agency with which the applicant was most recently employed, or his or her designee, shall, within eight calendar days, provide the subcommittee with a copy of the applicant's personnel file or other information relevant to the applicant's separation of employment.
(h) An applicant shall be entitled to a copy of all documents or other materials submitted to the subcommittee related to the application.
(i) Within thirty days of the receipt of the applicant's personnel file or any other information provided by the law- enforcement agency, the subcommittee shall review the information and issue a final decision.
(j) For the purpose of making a determination on an application for reactivation, the subcommittee is authorized to examine witnesses and to subpoena persons, books, records or documents from law-enforcement agencies in this state.
(k) An application for reactivation shall be approved unless the subcommittee affirmatively demonstrates, in writing, that the applicant has engaged in conduct that may result in his or her decertification. Where information available to the subcommittee indicates that the applicant has engaged in conduct that is in violation of this article or other laws or rules, the application for reactivation may not be granted.
(l) An applicant whose certification is not reactivated pursuant to a final decision of the subcommittee, may appeal the final decision of the subcommittee to the Governor's committee.
(m) Nothing in this section shall be construed to require the rehiring of a person by a law-enforcement agency from which he or she was separated, even though the subcommittee authorizes his or her certification to be reactivated.
(n) A law-enforcement official, or appointing officer, or his or her designee, is immune from civil liability for providing to the subcommittee any information required or requested by this section.
(o) The provisions of this section apply only to those certified law-enforcement officers who are separated from employment with a West Virginia law-enforcement agency after the effective date of this section during the 2011 Regular Session of the Legislature.;
And,
By striking out the title of the bill and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 193--A Bill to amend and reenact §30-29-1, §30-29-2, §30-29-3 and §30-29-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to certifying law-enforcement officers generally; expanding the responsibilities of the law-enforcement training subcommittee and renaming it the law-enforcement professional standards subcommittee; clarifying the authority to decertify or reactivate a law-enforcement officer's certification; adding the West Virginia Troopers Association to the subcommittee membership; expanding duties of the Governor's committee and the subcommittee; providing consequences for the failure to be certified process for making inactive the certification of officers who separate from their employment; reactivating a law-enforcement officer's certification; rehiring of officer reactivated not required; and providing for immunity from civil liability.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 193, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 193) 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 amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 488, Revising HIV testing statute to conform with most recent recommendations from CDC.
On motion of Senator Unger, 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 fifteen, section two, line one hundred eighty-six, by striking out the word "rule" and inserting in lieu thereof the word "section";
And,
On page fifteen, section two, line one hundred eighty-seven, by striking out the word "director" and inserting in lieu thereof the word "commissioner".
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 488, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 488) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 532, Relating to fraud and abuse in Medicaid program.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 7. FRAUD AND ABUSE IN THE MEDICAID PROGRAM.

§9-7-1. Legislative purpose and findings; powers and duties of fraud control unit.

(a) It is the purpose of the Legislature to continue the Medicaid Fraud Control Unit previously established within the West Virginia Department of ~~Welfare~~ Health and Human Resources and to provide it with the responsibility and authority for investigating and controlling fraud and abuse of the medical programs of the state Department of ~~welfare~~ Health and Human Resources which have been established pursuant to section two, article four of this chapter. It is the finding of the Legislature that substantial sums of money have been lost to the state and federal government in the operation of the medical programs of the state due to the overpayment of moneys to medical providers. Such overpayments have been the result of both the abuse of and fraud in the reimbursement process.
(b) The Medicaid Fraud Control Unit of the State Department of ~~welfare~~ Health and Human Resources shall be continued and shall have the following powers and duties:
(1) The investigation and referral for prosecution of all violations of applicable state and federal laws pertaining to the provision of goods or services under the medical programs of the state including the Medicaid program ~~and the program known as handicapped children's services~~.
(2) The investigation of ~~complaints alleging~~ abuse, or neglect or financial exploitation of residents in board and care facilities and patients in health care facilities which receive payments under the medical programs of the state.
(3) To cooperate with the federal government in all programs designed to detect and deter fraud and abuse in the medical programs of the state.
(4) To employ and train personnel to achieve the purposes of this article and to employ legal counsel, investigators, auditors and clerical support personnel and such other personnel as are deemed necessary from time to time to accomplish the purposes herein.
§9-7-2. Definitions.
For the purposes of this article:
(1) "Assistance" means money payments, medical care, transportation and other goods and services necessary for the health or welfare of individuals, including guidance, counseling and other welfare services and shall include all items of any nature contained within the definition of "welfare assistance" in section two, article one of this chapter.
(2) "Benefits" means money payments, goods, services, or any other thing of value.
(3) "Board and care facility" means a residential setting where two or more unrelated adults receive nursing services or personal care services.
~~(3)~~ (4) "Claim" means an application for payment for goods or services provided under the medical programs of the Department of ~~welfare~~ Health and Human Resources.
(5) "Entity" means any corporation, association, partnership, limited liability company, or other legal entity.
(6) "Financial exploitation" means the intentional misappropriation or misuse of funds or assets of another.
~~(4)~~ (7) "Medicaid" means that assistance provided under a state plan implemented pursuant to the provisions of subchapter nineteen, chapter seven, Title 42, United States Code, as that chapter has been and may hereafter be amended.
(8) "Person" means any individual, corporation, association, partnership, proprietor, agent, assignee or entity.
~~(5)~~ (9) "Provider" means any individual or entity furnishing goods or services under the medical programs of the Department of ~~welfare~~ Health and Human Resources.
~~(6)~~ (10) "Unit" means the Medicaid Fraud Control Unit established under section one of this article.
§9-7-3. Investigations; procedure.
(a) When the unit has ~~probable cause to believe that~~ credible information that indicates a person has engaged in an act or activity which is subject to prosecution under this article, the unit ~~shall~~ may make an investigation to determine if the act has been committed and, to the extent necessary for such purpose, the ~~commissioner~~ secretary, or an employee of the unit designated by the ~~commissioner shall have the power to~~ secretary, may administer oaths or affirmations and issue subpoenas for witnesses and documents relevant to the investigation, including information concerning the existence, description, nature, custody, condition and location of any book, record, documents or other tangible thing and the identity and location of persons having knowledge of relevant facts or any matter reasonably calculated to lead to the discovery of admissible evidence.
When the unit has probable cause to believe that a person has engaged in an act or activity which is subject to prosecution under this article, or section twenty-nine, article two, chapter sixty- one, either before, during, or after an investigation pursuant to this section, the secretary, or an employee of the unit designated by the secretary, may request search warrants and present and swear or affirm criminal complaints.
(b) If documents necessary to an investigation of the unit shall appear to be located outside the state, such documents shall be made available by the person or entity within the jurisdiction of the state having control over such documents either at a convenient location within the state or, upon payment of reasonable and necessary expenses to the unit for transportation and inspection, at the place outside the state where such documents are maintained.
(c) Upon failure of a person to comply with a subpoena or subpoena duces tecum or failure of a person to give testimony without lawful excuse and upon reasonable notice to all persons affected thereby, the unit may apply to the circuit court of the county in which compliance is sought for appropriate orders to compel obedience with the provisions of this section.
(d) The unit shall not make public the name or identity of a person whose acts or conduct is investigated pursuant to this section or the facts disclosed in such investigation except as the same may be used in any legal action or enforcement proceeding brought pursuant to this article or any other provision of this code.
§9-7-3a. Agency lawyers assisting prosecutors.
Attorneys employed and assigned to the Medicaid Fraud Control Unit created by the provisions of section one of this article may assist in the prosecution of criminal violations of this article.

§9-7-4. Applications for medical assistance; false statements or representations; criminal penalties.

(a) A person shall not knowingly make or cause to be made a false statement or false representation of any material fact in an application for medical assistance under the medical programs of the Department of ~~welfare~~ Health and Human Resources.
(b) A person shall not knowingly make or cause to be made a false statement or false representation of any material fact necessary to determine the rights of any other person to medical assistance under the medical programs of the Department of ~~welfare~~ Health and Human Resources.
(c) A person shall not knowingly and intentionally conceal or fail to disclose any fact with the intent to obtain medical assistance under the medical programs of the Department of ~~welfare~~ Health and Human Resources to which the person or any other person is not entitled.
(d) Any person found to be in violation of subsection (a), (b) or (c) of this section ~~shall be~~ is guilty of a felony and, upon conviction, shall be ~~confined in the penitentiary~~ imprisoned in a state correctional facility not less than one nor more than ten years, or shall be fined not to exceed $10,000 or both fined and imprisoned ~~as provided~~.
§9-7-5. Bribery; false claims; conspiracy; criminal penalties.
(a) A person shall not solicit, offer, pay, or receive any unlawful remuneration, including any kickback, rebate or bribe, directly or indirectly, with the intent of causing an expenditure of moneys from the medical services fund established pursuant to section two, article four of this chapter, which ~~expenditure~~ is not authorized by applicable laws or rules and regulations ~~governing said medical services fund~~.
(b) A person shall not make or present or cause to be made or presented to the Department of ~~welfare~~ Health and Human Resources a claim under the medical programs of the Department of ~~welfare~~ Health and Human Resources knowing the claim to be false, fraudulent or fictitious.
(c) A person shall not enter into an agreement, combination or conspiracy to obtain or aid another to obtain the payment or allowance of a false, fraudulent or fictitious claim under the medical programs of the Department of ~~welfare~~ Health and Human Resources.
(d) Any person found to be in violation of subsection (a), (b) or (c) of this section ~~shall be~~ is guilty of a felony and, upon conviction, shall be ~~confined in the penitentiary~~ imprisoned in a state correctional facility not less than one nor more than ten years or shall be fined not to exceed $10,000, or both fined and imprisoned ~~as provided~~.
§9-7-5a. Venue for criminal offenses.
In addition to other venues permitted by state law, a criminal prosecution under section five of this article may be commenced in the circuit court of Kanawha County or of any county in which:
(a) The defendant is conducting business; or
(b) Any of the conduct constituting a violation of any provision of this article has occurred.
§9-7-6. Civil remedies.
(a) Any person, firm, corporation or other entity which willfully, by means of a false statement or representation, or by concealment of any material fact, or by other fraudulent scheme, devise or artifice on behalf of himself, herself, itself, or others, obtains or attempts to obtain benefits or payments or allowances under the medical programs of the Department of ~~welfare~~ Health and Human Resources to which he or she or it is not entitled, or, in a greater amount than that to which he or she or it is entitled, shall be liable to the Department of ~~welfare~~ Health and Human Resources in an amount equal to three times the amount of such benefits, payments or allowances to which he or she or it is not entitled, and shall be liable for the payment of reasonable attorney fees and all other fees and costs of litigation.
(b) No criminal action or indictment need be brought against any person, firm, corporation or other entity as a condition for establishing civil liability hereunder.
(c) A civil action under this section may be prosecuted and maintained on behalf of the Department of ~~welfare~~ Health and Human Resources by the Attorney General and ~~his~~ the Attorney General's assistants or a prosecuting attorney and ~~his~~ the prosecuting attorney's assistants or by any attorney in contract with or employed by the Department of ~~welfare~~ Health and Human Resources to provide such representation.

§9-7-6a. Liability of employees of the Department of Health and Human Resources.

There shall be no civil liability on the part of, and no cause of action shall arise against the Secretary or the Department of Health and Human Resources or its employees or agents for any action taken by them in good faith and in the lawful performance of their powers and duties under this article.
§9-7-8. Remedies and penalties not exclusive.
The remedies and penalties provided in this article governing the operation of the medical programs of the Department of ~~welfare~~ Health and Human Resources are in addition to those remedies and penalties provided elsewhere by law.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 532, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 532) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 560, Relating to confidentiality of Health Care Authority's rate-setting model.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 29B. HEALTH CARE AUTHORITY.
§16-29B-20a. Confidentiality of the rate-setting model.
Rate-setting models utilized by the authority and options generated by those models are exempt from public disclosure under the provisions of chapter twenty-nine-b of this code: Provided, That the options generated by the rate-setting models shall be subject to disclosure under the provisions of chapter twenty-nine-b of this code, following any decision by the board that utilizes the rate- setting models.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 560, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 560) 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 concurrence by that body in the Senate amendments to, and the passage as amended, of
Eng. House Bill No. 2551, Relating generally to estates and trusts and their administration.
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, of
Eng. Com. Sub. for House Bill No. 2562, Relating to the State Athletic Commission.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. House Bill No. 2845, Creating a senior resident lifetime hunting, fishing and trapping license that will cost $25.
At the request of Senator Foster, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the fourth order of business.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Concurrent Resolution No. 62, Requesting Joint Committee on Government and Finance authorize Joint Interim Committee on Economic Development study efficient mineral development.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Unger, unanimous consent was granted to dispense with the second committee reference of the resolution contained in the foregoing report from the Committee on Economic Development.
At the request of Senator Browning, and by unanimous consent, the resolution (S. C. R. No. 62) was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Concurrent Resolution No. 71, Requesting Joint Committee on Government and Finance study impacts of cost sharing, coinsurance and specialty tier pricing for prescription medications.
And,
House Concurrent Resolution No. 45, Requesting Joint Committee on Government and Finance study impact of laws and regulations pertaining to possession and use of firearms.
And reports the same back with the recommendations that they each be adopted; but under the original double committee references first be referred to the Committee on Rules.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Unger, unanimous consent was granted to dispense with the second committee references of the resolutions contained in the foregoing report from the Committee on Health and Human Resources.
At the request of Senator Stollings, and by unanimous consent, Senate Concurrent Resolution No. 71 was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Stollings, unanimous consent being granted, House Concurrent Resolution No. 45 was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Concurrent Resolution No. 94 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance to conduct a study on the need for and the societal costs and benefits of making pseudoephedrine, ephedrine available only pursuant to a prescription.
Whereas, In other states, which have required a prescription for those drugs that are necessary to facilitate production of methamphetamine, there has been a significant decrease in the number of methamphetamine laboratories in those states; and
Whereas, States such as Mississippi and Oregon are showing significant positive results in reducing meth labs in those states by making pseudoephedrine and ephedrine Schedule III or IV Controlled Substances which are only available through a prescription; and
Whereas, More that just showing a deep decline in the number of meth labs in those states having pseudoephedrine and ephedrine available by prescription only, the data shows that the costs and inconveniences to the public have been minimal; and
Whereas, Those states having prescription only pseudoephedrine and ephedrine report that the populations have chosen to buy other readily available over-the-counter products which have been reformulated by the manufacturers without meth-precursors in them; and
Whereas, The costs of obtaining prescriptions have been minimized by using the alternative products by physicians simply calling the prescription in for established patients without the need for an extra office visit; and
Whereas, The costs that are incurred are offset by the savings to the states from avoiding the expenditures required to clean up meth labs or incurred by the states and third-party payors; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the need for and the societal costs and benefits of making pseudoephedrine and ephedrine available only pursuant to prescription; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, 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 the appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the resolution (S. C. R. No. 94) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
House Concurrent Resolution No. 149, Urging the PSC act to review the condition of the Pruntytown to Mt. Storm 500kV transmission line and order the rebuilding and reconductoring of that transmission line as soon as is practical.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the resolution (H. C. R. No. 149) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.
Prior to the call of the roll, Senator Sypolt moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
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.
On motion of Senator Unger, the Senate recessed until 11 p.m. tonight.
At the expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, to take effect July 1, 2011, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2663, Relating to public service commissioners presiding at hearings.
Whereupon, Senator Miller, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2663, Relating to public service commissioners presiding at hearings.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2663 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
That §11-13-3f of the Code of West Virginia, 1931, as amended be amended and reenacted; that §11-13F-1 be amended and reenacted; that §11-24-11 be amended and reenacted; that §24-1-3, §24-1-4 and §24-1-6 be amended and reenacted; that §24-2A-2 be amended and reenacted; that §24-3-2 be amended and reenacted; and that said code be amended by adding thereto a new section, designated §24-2A-5, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 13. BUSINESS AND OCCUPATION TAX.

§11-13-3f. Tax credit for reducing electric and natural gas utility rates for low-income residential customers; regulations.

(a) There shall be allowed as a credit against the tax imposed
by this article, the cost of providing electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, at reduced rates to qualified low- income residential customers which has not been reimbursed by any other means.
(b) The tax commissioner may prescribe such regulations as may be necessary to carry out the purposes of this section, of article thirteen-f of this chapter and of section eleven, article twenty- four of this chapter.

ARTICLE 13F. BUSINESS AND OCCUPATION TAX CREDIT FOR REDUCING ELECTRIC, NATURAL GAS AND WATER UTILITY RATES FOR LOW-INCOME RESIDENTIAL CUSTOMERS.

§11-13F-1. Legislative Purpose.

In order to reimburse public utilities for the revenue deficiencies ~~which~~ that they incur in providing special reduced electric and natural gas utility rates to low-income residential customers in accordance with the provisions of article two-a of chapter twenty-four, there is hereby provided a business and occupation tax credit for reducing electric ~~and~~ natural gas, and water utility rates for low-income residential customers.
ARTICLE 24. CORPORATION NET INCOME TAX.

§11-24-11. Credit for reducing electric, natural gas and water utility rates for low-income residential customers.

(a) General. -- A credit shall be allowed against the primary
tax liability of an eligible taxpayer under this article for the cost of providing electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, at special reduced rates to qualified low-income residential customers which has not been reimbursed by any other means.
(b) Definitions. -- For purposes of this section, the term:
(1) "Eligible taxpayer" means a utility which has provided electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, to qualified low-income residential customers at special reduced rates.
(2) "Cost of providing electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, at special reduced rates" means the amount certified by the public service commission under the provisions of section three, article two-a, chapter twenty-four of this code, as the revenue deficiency incurred by a public utility in providing special reduced rates for electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, as required by section one, article two-a, chapter twenty-four of this code.
(3) "Special reduced rates" means the rates ordered by the public service commission under the authority of ~~section~~ sections one and five article two-a, chapter twenty-four of this code.
(4) "Qualified low-income residential customers" means those utility customers eligible to receive electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, under special reduced rates.
(c) Amount of credit. -- The amount of the credit available to any eligible taxpayer shall be equal to its cost of providing electric or natural gas service, or both, at special reduced rates to qualified residential customers, less any reimbursement of said cost which the taxpayer has received through any other means.
(d) When credit may be taken. -- An eligible taxpayer may claim a credit allowed under this section on its annual return for the taxable year in which it receives certification of the amount of its revenue deficiency from the public service commission.
Notwithstanding the provisions of section sixteen of this article to the contrary, no credit may be claimed on any declaration of estimated tax filed for such taxable year prior to the first day of July of such taxable year. Such credit may be claimed on a declaration or amended declaration filed on or after that date but only if the amount certified will not be recovered by application of the business and occupation tax credit allowed by section three- f, article thirteen of this chapter. In such event, only that amount not recovered by that credit may be considered or taken as a credit when estimating the tax due under this article. In no event may the eligible taxpayer recover more than one hundred percent of its revenue deficiency as certified by the public service commission.
(e) Application of credit. -- The credit allowable by this section for a taxable year is not subject to the fifty percent limitation specified in section nine of this article.
Notwithstanding the provisions of section four, article thirteen-f of this chapter, any unused credit may be carried over and applied against business and occupation taxes in the manner specified in section five, article thirteen-f of this chapter.
(f) Copy of certification order. -- A copy of a certification order from the public service commission shall be attached to any annual return under this article on which a credit allowed by this section is taken.
ARTICLE 24. CORPORATION NET INCOME TAX.

§11-24-11. Credit for reducing electric natural gas and water utility rates for low-income residential customers.

(a) General. -- A credit shall be allowed against the primary

tax liability of an eligible taxpayer under this article for the cost of providing electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, at special reduced rates to qualified low-income residential customers which has not been reimbursed by any other means.
(b) Definitions. -- For purposes of this section, the term:
(1) "Eligible taxpayer" means a utility which has provided electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, to qualified low-income residential customers at special reduced rates.
(2) "Cost of providing electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, at special reduced rates" means the amount certified by the public service commission under the provisions of section three, article two-a, chapter twenty-four of this Code, as the revenue deficiency incurred by a public utility in providing special reduced rates for electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, as required by section one, article two-a, chapter twenty-four of this code.
(3) "Special reduced rates" means the rates ordered by the public service commission under the authority of section one, article two-a, chapter twenty-four of this code.
(4) "Qualified low-income residential customers" means those utility customers eligible to receive electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, under special reduced rates.
(c) Amount of credit. -- The amount of the credit available to any eligible taxpayer shall be equal to its cost of providing electric or natural gas or water utility service, or ~~both~~ any combination of electric, natural gas or water utility services, at special reduced rates to qualified residential customers, less any reimbursement of said cost which the taxpayer has received through any other means.
(d) When credit may be taken. -- An eligible taxpayer may claim a credit allowed under this section on its annual return for the taxable year in which it receives certification of the amount of its revenue deficiency from the public service commission. Notwithstanding the provisions of section sixteen of this article to the contrary, no credit may be claimed on any declaration of estimated tax filed for such taxable year prior to the first day of July of such taxable year. Such credit may be claimed on a declaration or amended declaration filed on or after that date but only if the amount certified will not be recovered by application of the business and occupation tax credit allowed by section three- f, article thirteen of this chapter. In such event, only that amount not recovered by that credit may be considered or taken as a credit when estimating the tax due under this article. In no event may the eligible taxpayer recover more than one hundred percent of its revenue deficiency as certified by the public service commission.
(e) Application of credit. -- The credit allowable by this section for a taxable year is not subject to the fifty percent limitation specified in section nine of this article. Notwithstanding the provisions of section four, article thirteen-f of this chapter, any unused credit may be carried over and applied against business and occupation taxes in the manner specified in section five, article thirteen-f of this chapter.
(f) Copy of certification order. -- A copy of a certification order from the public service commission shall be attached to any annual return under this article on which a credit allowed by this section is taken.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.

§24-1-3. Commission continued; membership; chairman; compensation; quorum.

(a) The Public Service Commission of West Virginia is continued and directed as provided by this chapter, chapter twenty-four-a, chapter twenty-four-b and chapter twenty-four-d of this code. After having conducted a performance audit through its joint committee on government operations, pursuant to section nine, article ten, chapter four of this code, the Legislature hereby finds and declares that the Public Service Commission should be continued and reestablished. Accordingly, notwithstanding the provisions of section five, article ten, chapter four of this code, the Public Service Commission shall continue to exist until July 1, two thousand three. The Public Service Commission may sue and be sued by that name.
(b) The Public Service Commission shall consist of three members who shall be appointed by the Governor, with the advice and consent of the Senate. The commissioners shall be citizens and residents of this state and at least one of them shall be duly licensed to practice law in West Virginia, with not less than ten years' actual work experience in the legal profession as a member of a State Bar.
(c) No more than two of the commissioners shall be members of the same political party.
(d) Each commissioner shall, before entering upon the duties of his or her office, take and subscribe to the oath provided by section five, article IV of the Constitution of this state. The oath shall be filed in the office of the Secretary of State.
(e) The Governor shall designate one of the commissioners to serve as chairman at the Governor's will and pleasure. The chairman shall be the chief administrative officer of the commission. The Governor may remove any commissioner only for incompetency, neglect of duty, gross immorality, malfeasance in office or violation of ~~subsection (c)~~ subsections (g) and (h) of this section.
~~(b)~~ (f) ~~The unexpired terms of members of the Public Service Commission at the time this subsection becomes effective are continued.~~ Upon expiration of the terms, appointments are for terms of six years, except that an appointment to fill a vacancy is for the unexpired term only. ~~The commissioners whose terms are terminated by the provisions of this subsection are eligible for reappointment.~~
~~(c)~~ (g) No person while in the employ of, or holding any official relation to, any public utility subject to the provisions of this chapter or holding any stocks or bonds of a public utility subject to the provisions of this chapter or who is pecuniarily interested in a public utility subject to the provisions of this chapter may serve as a member of the commission or as an employee of the commission.
(h) Nor may any commissioner be a candidate for or hold public office or be a member of any political committee while acting as a commissioner; nor may any commissioner or employee of the commission receive any pass, free transportation or other thing of value, either directly or indirectly, from any public utility or motor carrier subject to the provisions of this chapter. In case any of the commissioners becomes a candidate for any public office or a member of any political committee, the Governor shall remove him or her from office and shall appoint a new commissioner to fill the vacancy created.
~~(d)~~ (i) ~~The salaries of members of the Public Service Commission and the manner in which they are paid established by the prior enactment of this section are continued. Effective July 1, 2001,~~ The annual salary of each commissioner provided in section two-a, article seven, chapter six of this code shall be paid in monthly installments from the special funds in the percentages that follow:
(1) From the Public Service Commission Fund collected under the provisions of section six, article three of this chapter, eighty percent;
(2) From the Public Service Commission Motor Carrier Fund collected under the provisions of section six, article six, chapter twenty-four-a of this code, seventeen percent; and
(3) From the Public Service Commission Gas Pipeline Safety Fund collected under the provisions of section three, article five, chapter twenty-four-b of this code, three percent.
(j) In addition to the salary provided for all commissioners in section two-a, article seven, chapter six of this code, the chairman of the commission shall receive $5,000 per annum to be paid in monthly installments from the Public Service Commission Fund collected under the provisions of section six, article three of this chapter.

§24-1-4. Appointment, duties and compensation of secretary and other employees; hearings generally; public comment; outside employment by certain employees prohibited.

The commission shall appoint a secretary and such other employees as may be necessary to carry out the provisions of this chapter and shall fix their respective salaries or compensations. It shall be the duty of the secretary to keep a full and true record of all proceedings, acts, orders and judgments of the commission, to issue all necessary process, returns and notices, to keep all books, maps, documents and papers ordered filed by the commission, and all orders made by the commission or approved and confirmed by it and ordered to be filed; and he shall be responsible to the commission for the safe custody and preservation of all such documents in his office. He may administer oaths in all parts of the state, so far as the exercise of such power is properly incidental to the performance of his duty or that of the commission.
The commission may designate such of its employees as it deems necessary to hold hearings, held or required by this chapter, and to take evidence at such hearings, which employees are hereby empowered to subpoena witnesses, administer oaths, take testimony, require the production of documentary evidence and exercise such other powers and perform such other duties as may be delegated to them and required by the commission, in any proceeding or examination instituted or conducted by the commission under this chapter, at any designated place of hearing within the state.
The Commission shall provide a web site to accept comments from West Virginia residents regarding any matter under the auspices of the Commission or before the commission. The Commission staff shall report to the full commission all comments and suggestions received through the web site.
Any commissioner or person employed by the commission other than on a part-time basis shall devote full time to the performance of his duties as such commissioner or employee during the regular working hours as set by the commission.

§24-1-6. Office of commission; time and place of hearings; number of commissioners required for taking action.

The general office of the commission shall be kept at the seat of government and in charge of the secretary or his or her deputy. Hearings and the taking of evidence may be had at such times and places and in such manner in each particular case as the commission may designate. If the sole purpose of the hearing is to receive public comment or protest, then not less than one commissioner is required to be present.
The concurrent judgment of two of the commissioners, when in session as the commission, shall be deemed the action of the commission, and a vacancy in the commission shall not affect the right or duty of the remaining commissioners to function as a commission.
ARTICLE 2A. REDUCED RATES FOR LOW-INCOME RESIDENTIAL CUSTOMERS OF ELECTRICITY AND GAS.

§24-2A-2. Recovery of revenue deficiencies.
In order to provide the special reduced rates mandated by
sections one and five of this article and still maintain the integrity of the earnings of the utilities offering service under these rates, the commission shall each year, ~~beginning in the year one thousand nine hundred eighty-four,~~ determine, upon application by any affected utility, that utility's revenue deficiency resulting from the special reduced rates. Upon determining any utility's revenue deficiency, the commission shall issue an order certifying the amount of that deficiency. Certified revenue deficiencies shall be recovered by the affected utilities as follows:
(1) A utility's certified revenue deficiency, if any, resulting from the special reduced rates shall be allowed as a tax credit against the liability of the utility pursuant to the provisions of article thirteen-f of chapter eleven of this code.
(2) After allowance of a tax credit pursuant to the provisions of article thirteen-f of chapter eleven, a utility's remaining revenue deficiency, if any, resulting from the special reduced rates, shall be allowed as a tax credit against the liability of the utility pursuant to the provisions of section eleven, article twenty-four of chapter eleven.
§24-2A-5. Special rates for certain water utility customers.
(a) The commission may authorize a privately owned water
utility to voluntarily implement a rate design featuring reduced rates and charges for service for residential utility customers receiving:
(1) Social Security Supplemental Security Income (SSI);
(2) Temporary Assistance for Needy Families (TANF);
(3) Temporary Assistance for Needy Families-Unemployed Parent Program (TANF-UP);or
(4) assistance from the Supplemental Nutrition Assistance Program (SNAP) if they are sixty years of age or older.
(b) The special reduced rate offered by each water utility to its eligible customers shall be a percentage less, which shall be approved by the commission, than the rate that would be applicable to such customers if they were not receiving any of the four forms of assistance that confer eligibility for the special reduced rates approved by the commission: Provided, That such rate reduction shall not exceed twenty percent of the rate that would be otherwise applicable.
(c) Before any individual may qualify to receive the special reduced rates, the following requirements must be met:
(1) The special reduced rates may apply only to current customers or to those persons who subsequently become customers in their own right. If an SSI, TANF-UP or SNAP recipient is living in a household that is served under the name of a person who is not an SSI, TANF, TANF-UP or SNAP recipient, that service may not be changed or have been changed subsequent to July 1 , 2011, to the name of the SSI, TANF, TANF-UP or SNAP recipient in order to qualify for service under the special reduced rates.
(2) The burden of proving eligibility for the special reduced rates shall be on the customer requesting such rates. The Department of Health and Human Resources shall establish by rules procedures:
(A) To inform persons receiving any of the four forms of assistance that confer eligibility for the special reduced rates about the availability of the special reduced rates;
(B) To assist applicants for the special reduced rates in proving their eligibility therefor; and
(C) To assist water utilities offering the special reduced rates in determining on a continuing basis the eligibility therefor of persons receiving or applying for such rates.
The commission shall establish rules and procedures for the application for and provision of service under the special reduced rates and for the determination and certification of revenue deficiencies resulting from the special reduced rates.
(3) In order to provide each eligible residential utility customer the special reduced rates, each utility providing the special reduced rates shall credit against amounts otherwise owed by each customer an amount equal to the difference between the total amount that each customer was actually billed during the previous month and the total amount that each customer would have been entitled to be billed under the special reduced rates. Each credit shall be fully reflected on the first bill issued to each customer after approval of each customer's application for the special reduced rates, except in cases where the interval between the approval and the issuance of the next bill is so short that it is administratively impracticable to do so, in which case, such credits shall be fully reflected on the second bill issued to each customer after approval of that customer's application. If the interval between the approval and the issuance of the next bill is fifteen days or more, it may not be deemed administratively impracticable to reflect the credit on the customer's first bill.
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.

§24-3-2. Discrimination prohibited.
No public utility subject to the provisions of this chapter
shall, directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person, firm or corporation, a greater or less compensation, for any service rendered or to be rendered, than it charges, demands, collects, or receives from any other person, firm or corporation for doing a like and contemporaneous service under the same or substantially similar circumstances and conditions.
It shall be unlawful for any public utility subject to the provisions of this chapter to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality, or any particular character of traffic or service, in any respect whatsoever, or to subject any particular person, firm, corporation, company or locality, or any particular character of traffic or service, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

Nothing in this section shall be construed to prevent the

commission from:
(a) Authorizing or requiring any rate design consistent with the purposes and policies set forth in article two-a of this chapter; or
(b) Authorizing a private water utility to voluntarily implement a rate design featuring reduced rates and charges for service to qualifying low-income residential customers.;
And,
That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:
Eng. Com. Sub. for House Bill No. 2663--A Bill to amend and reenact §11-13-3f of the Code of West Virginia, 1931, as amended be amended and reenacted; to amend and reenact §11-13F-1 of said code; to amend and reenact §11-24-11 of said code; to amend and reenact §24-1-3, §24-1-4 and §24-1-6 of said code; to amend and reenact §24- 2A-2 of said code; to amend said code by adding thereto a new section, designated §24-2A-5; and to amend and reenact §24-3-2, all relating to duties of the Public Service Commission; requiring at least one commissioner be present at any public hearing on a public utility; requiring the commission establish a website and toll-free telephone number for reception of public comments; adding cost of providing private water utility services to qualified low-income residents to matters that the commission must certify and deleting obsolete language.
Respectfully submitted,
John R. Frazier, Chair, Clif Moore, Carol Miller, Conferees on the part of the House of Delegates.
Ronald F. Miller, Chair, Dave Sypolt, Bob Williams, Conferees on the part of the Senate.
On motions of Senator Miller, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2663, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2663) passed with its conference 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 adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2745, Providing that certain information provided by insurance companies to the Insurance Commissioner is confidential.
Whereupon, Senator Minard, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2745, Providing that certain information provided by insurance companies to the Insurance Commissioner is confidential,
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2745 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
That §33-4-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new article, designated §33-4A-1, §33-4A-2, §33-4A-3, §33- 4A-4, §33-4A-5, §33-4A-6, §33-4A-7 and §33-4A-8, all to read as follows:
ARTICLE 4. GENERAL PROVISIONS.

§33-4-14. Financial statement filings; annual and quarterly statements; required format; foreign insurers; agents of the commissioner.

(a) Each licensed insurer shall annually on or before March 1, unless the time is extended by the commissioner for good cause shown, file with the commissioner a true statement of its financial condition, transactions and affairs as of the preceding December 31. Such statement shall be on the appropriate National Association of Insurance Commissioners annual statement blank; shall be prepared in accordance with the National Association of Insurance Commissioners annual statement instructions handbook; and shall follow the accounting practices and procedures prescribed by the National Association of Insurance Commissioners accounting practices and procedures manual as amended: Provided, That each licensed insurer shall also file true statements of financial condition on a more frequent basis if the commissioner so orders. The commissioner shall establish the frequency, due date and form acceptable to him or her for such filings: Provided, however, That the statement of an alien insurer shall relate only to its transactions and affairs in the United States unless the commissioner requires otherwise.
(b) Each domestic insurer shall also file with the commissioner a true quarterly statement of its financial condition, transactions and affairs as of March 31, June 30, and September 30, of each year. Quarterly statements shall be due forty-five days after the end of each quarter. All quarterly statements shall be submitted on the appropriate National Association of Insurance Commissioners quarterly statement blank; shall be prepared in accordance with the National Association of Insurance Commissioners quarterly statement instructions; and shall follow the accounting practices and procedures prescribed by the National Association of Insurance Commissioners accounting practices and procedures manual, as amended. The commissioner may subject any licensed insurer to the requirements of this section whenever the commissioner deems it necessary.
(c) The commissioner may require that all or part of the information contained in the annual statement blank and the quarterly statement blanks be submitted ~~to the department~~ in a computer-readable form compatible with the electronic data processing system of the department.
(d) Each domestic, foreign and alien insurer, organization or corporation ~~who~~ that is subject to the requirements of this section shall annually, on or before March 1 each year, and forty-five days after the end of the first, second and third calendar quarters, file with the National Association of Insurance Commissioners a copy of its annual statement convention blank and the quarterly statement blanks, along with such additional filings as prescribed by the commissioner and shall pay the fee established by the National Association of Insurance Commissioners for filing, review or processing of the information. The information filed with the National Association of Insurance Commissioners shall be in the same format and scope as that required by the commissioner and shall include the signed jurat page and any other required information. Any amendments and addenda to the annual statement filing and quarterly statement filings subsequently filed with the commissioner shall also be filed with the National Association of Insurance Commissioners.
(e) Foreign insurers that are domiciled in a state which has a law substantially similar to subsection (a) of this section shall be deemed in compliance with this section.
(f) In the absence of actual malice, members of the National Association of Insurance Commissioners, their duly authorized committees, subcommittees and task forces, their delegates, National Association of Insurance Commissioners employees and all others charged with the responsibility of collecting, reviewing, analyzing and disseminating the information developed from the filing of the annual statement convention blanks and the quarterly statement blanks shall be acting as agents of the commissioner under the authority of this article and shall not be subject to civil liability for libel, slander or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required hereunder.
(g)(1) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the ~~department~~ commissioner by the National Association of Insurance Commissioners insurance regulatory information system, ~~are confidential and may not be disclosed by the department~~ and all actuarial reports, work papers and actuarial summaries submitted by insurers in conjunction with their annual financial statements is confidential by law and privileged. These documents are not subject to disclosure pursuant to chapter twenty-nine-b of this code, are not subject to subpoena and are not subject to discovery or admissible as evidence in any private civil action: Provided, That nothing in this section may be construed to limit the ability of parties in a civil action to discover such information from insurers under the Rules of Civil Procedure.
(2) This subsection shall not be construed to limit the commissioner's authority to release the documents to the Actuarial Board for Counseling and Discipline (ABCD), so long as the material is required for the purpose of professional disciplinary proceedings and the ABCD establishes procedures satisfactory to the commissioner for preserving the confidentiality of the documents; nor shall this section be construed to limit the commissioner's authority to use the documents, materials or other information in furtherance of any regulatory or legal action brought as part of the commissioner's official duties.
(3) Neither the commissioner nor any person who received documents, materials or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials or information subject to subdivision (1) of this subsection.
(4) In order to assist in the performance of the commissioner's duties, the commissioner:
(A) May share documents, materials or other information, including the confidential and privileged documents, materials or information subject to subparagraph (1) of this subsection with other state, federal and international regulatory agencies, and with state, federal and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material or other information and has the legal authority to maintain confidentiality; and,
(B) May receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information.
(h) The commissioner may suspend, revoke or refuse to renew the certificate of authority of any insurer failing to file its annual statement or the quarterly statement blanks, or any other statement of financial condition required by this section, when due or within any extension of time which the commissioner, for good cause, may have granted.
(i) Any variance to the requirements of this section shall require the express authorization of the commissioner.
(j) The commissioner shall ~~promulgate legislative~~ propose rules for legislative approval in accordance with ~~the provisions of~~ article three, chapter twenty-nine-a of this code to effectuate the requirements of this article.
ARTICLE 4A. ALL-PAYER CLAIMS DATABASE.
§33-4A-1. Definitions.
(a) "All-payer claims database" or "APCD" means the program authorized by this article that collects, retains, uses and discloses information concerning the claims and administrative expenses of health care payers.
(b) "Chair" means the chairperson of the West Virginia Health Care Authority.
(c) "Commissioner" means the West Virginia Insurance Commissioner.
(d) "Data" means the data elements from enrollment and eligibility files, specified types of claims, and reference files for data elements not maintained in formats consistent with national coding standards.
(e) "Health care payer" means any entity that pays or administers the payment of health insurance claims or medical claims under workers' compensation insurance to providers in this state, including workers' compensation insurers; accident and sickness insurers; nonprofit hospital service corporations, medical service corporations and dental service organizations; nonprofit health service corporations; prepaid limited health service organizations; health maintenance organizations; and government payers, including but not limited to Medicaid, Medicare and the public employees insurance agency; the term also includes any third-party administrator including any pharmacy benefit manager, that administers a fully-funded or self-funded plan:
A "health insurance claim" does not include:
(1) Any claim paid under an individual or group policy providing coverage only for accident, or disability income insurance or any combination thereof; coverage issued as a supplement to liability insurance; liability insurance, including general liability insurance and automobile liability; credit-only insurance; coverage for on-site medical clinics; other similar insurance coverage, which may be specified by rule, under which benefits for medical care are secondary or incidental to other insurance benefits; or
(2) Any of the following if provided under a separate policy, certificate, or contract of insurance: Limited scope dental or vision benefits: benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; coverage for only a specified disease or illness; or hospital indemnity or other fixed indemnity insurance.
"Health insurance claims" shall only include information from Medicare supplemental policies if the same information is obtained with respect to Medicare.
(f) "Personal identifiers" means information relating to an individual member or insured that identifies, or can be used to identify, locate or contact a particular individual member or insured, including but not limited to the individual's name, street address, social security number, e-mail address and telephone number.
(g) "Secretary" means the Secretary of the West Virginia Department of Health and Human Services.
(h) "Third-party administrator" has the same meaning ascribed to it in section two, article forty-six of this chapter.

§33-4A-2. Establishment and development of an all-payer claims database.

(a) The secretary, commissioner and chair, collectively referred to herein as the "MOU parties", shall enter into a memorandum of understanding to develop an all-payer claims database program.
(b) The memorandum of understanding shall, at a minimum:
(1) Provide that the commissioner will have primary responsibility for the collection of the data in order to facilitate the efficient administration of state oversight, the secretary will have primary responsibility for the retention of data supplied to the state under its health care oversight function, and the chair will have primary responsibility for the dissemination of the data;
(2) Delineate the MOU parties' roles, describe the process to develop legislative rules required by this article, establish communication processes and a coordination plan, and address vendor relationship management;
(3) Provide for the development of a plan for the financial stability of the APCD, including provision for funding by the MOU parties' agencies; and
(4) Provide for the use of the hospital discharge data collected by the West Virginia Health Care Authority as a tool in the validation of APCD reports.

§33-4A-3. Powers of the commissioner, secretary and chair; exemption from purchasing rules.

(a) The MOU parties may:
(1) Accept gifts, bequests, grants or other funds dedicated to the furtherance of the goals of the APCD;
(2) Select a vendor to handle data collection and processing and such other tasks as deemed appropriate;
(3) Enter into agreements with other states to perform joint administrative operations, share information and assist in the development of multistate efforts to further the goals of this article: Provided, That any such agreements must include adequate protections with respect to the confidentiality of the information to be shared and comply with all state and federal laws and regulations;
(4) Enter into memoranda of understanding with other governmental agencies to carry out any of its functions, including contracts with other states to perform joint administrative functions;
(5) Attempt to ensure that the requirements with respect to the reporting of data be standardized so as to minimize the expense to parties subject to similar requirements in other jurisdictions;
(6) Enter into voluntary agreements to obtain data from payers not subject to mandatory reporting under this article; and
(7) Exempt a payer for class of payers from the requirements of this article for cause.
(b) Contracts for professional services for the development and operation of the APCD are not subject to the provisions of article three, chapter five-a of this code relating to the Purchasing Division of the Department of Administration. The award of such contracts shall be subject to a competitive process established by the MOU parties.
(c) The MOU parties shall make an annual report to the Governor, which shall also be filed with the Joint Committee on Government and Finance, summarizing the activities of the APCD in the preceding calendar year. §33-4A-4. Data subject to this article.
(a) All health care payers shall submit data to the commissioner or an entity designated by the commissioner at such times and in a form specified in rule. Any health care payer that the commissioner determines paid or administered the payment of health insurance claims in this state for policies on fewer than 500 covered lives in the previous calendar year is exempt from the requirements of this article.
(b) Data submitted in accordance with this article shall be considered confidential by law and privileged, are exempt from disclosure pursuant to chapter twenty-nine-b of this code, are not open to public inspection, are not subject to subpoena, are not subject to discovery or admissible in evidence in any criminal, private civil or administrative action, are not subject to production pursuant to court order, and shall only be used and disclosed pursuant to law and legislative rules promulgated pursuant to this article.
(c)(1) Data submitted to and retained by the APCD shall be available as a resource for the MOU parties to continuously review health care utilization, expenditures and performance in West Virginia and to enhance the ability of consumers to make informed and cost-effective health care decisions.
(2) Data submitted to and retained by the APCD may, in accordance with this article and the legislative rules promulgated pursuant to this article, also be available as a resource for insurers, researchers, employers, providers, purchasers of health care, consumers, and state agencies.
(d) Notwithstanding any other provision of law to the contrary, the APCD shall not disclose any data that contain personal identifiers. The MOU parties, in accordance with procedures and standards set forth in legislative rule, may approve access to other data elements not prohibited from disclosure by the APCD, as well as synthetic or created unique identifiers, for use by researchers, including government agencies, with established protocols for safeguarding confidential or privileged information. The MOU parties' use of the data shall not constitute a disclosure. §33-4A-5. User fees; waiver.
Reasonable user fees may be set in the manner established in legislative rule, for the right to access and use the data available from the APCD. The chair may reduce or waive the fee if he or she determines that the user is unable to pay the scheduled fees and that the user has a viable plan to use the data or information in research of general value to the public health.
§33-4A-6. Enforcement; injunctive relief.
In the event of any violation of this article or any rule adopted thereunder, the commissioner, secretary or chair may seek to enjoin a further violation in the circuit court of Kanawha County. Injunctive relief ordered pursuant to this section may be in addition to any other remedies and enforcement actions available to the commissioner under this chapter.
§33-4A-7. Special revenue account created.
(a) There is hereby created a special revenue account in the State Treasury, designated the West Virginia All-Payer Claims Database Fund, which shall be an interest-bearing account and may be invested in the manner permitted by article six, chapter twelve of this code, with the interest income a proper credit to the fund and which shall not revert to the general revenue, unless otherwise designated in law. The fund shall be overseen by the commissioner, secretary and chair, shall be administered by the commissioner, and shall be used to pay all proper costs incurred in implementing the provisions of this article.
(b) The following funds shall be paid into this account:
(1) Penalties imposed on health care payers pursuant to this article and rules promulgated hereunder;
(2) Funds received from the federal government;
(3) Appropriations from the Legislature; and
(4) All other payments, gifts, grants, bequests or income from any source.
§33-4A-8. Rule-making authority.
To effectuate the provisions of this article, the MOU parties may propose joint rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as necessary to implement this article. No actions to collect data or assess fees pursuant to this article may be undertaken until rules promulgated hereunder are made effective. Such rules may include, but are not limited to, the following:
(a) Procedures for the collection, retention, use and disclosure of data from the APCD, including procedures and safeguards to protect the privacy, integrity, confidentiality and availability of any data;
(b) Penalties against health care payers for violation of rules governing the submission of data, including a schedule of fines for failure to file data or to pay assessments;
(c) Fees payable by users of the data and the process for a waiver or reduction of user fees. Any such fees shall be established at a level that, when considered together with other available funding sources, is deemed necessary to sustain the operation of the APCD;
(d) A proposed time frame for the creation of the database;
(e) Criteria for determining whether data collected, beyond the listed personal identifiers, is confidential clinical data, confidential financial data or privileged medical information, and procedures to give affected providers and health care payers notice and opportunity to comment in response to requests for information that may be considered confidential or privileged;
(f) Penalties, including fines and other administrative sanctions, that may be imposed by the commissioner for a health care payer's failure to comply with requirements of this article and rules adopted hereunder; and
(g) Establishment of advisory boards to provide advice to the MOU parties with respect to the various functions of the APCD.
And,
That both houses recede from their respective positions as to the title of the bill and agree to a new title as follows:
Eng. Com. Sub. for House Bill No. 2745--A Bill to amend and reenact §33-4-14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §33- 4A-1, §33-4A-2, §33-4A-3, §33-4A-4, §33-4A-5, §33-4A-6, §33-4A-7 and §33-4A-8, all relating to the Insurance Commissioner generally; providing that certain information provided by insurance companies to the Insurance Commissioner is confidential; exempting such confidential information from the freedom of information disclosure requirements ; providing that such confidential information is not subject to subpoena or discoverable in a private civil action; commissioner's authority to release, share and receive documents otherwise treated as confidential in furtherance of the commissioner's official duties; stating conditions attached thereto; authorizing legislative rules; creating an all-payer claims database; defining terms; developing the database by the Insurance Commissioner, Secretary of Health and Human Resources and Chairperson of the Health Care Authority and providing powers in regard thereto; exempting from purchasing rules; providing data subject to the database; providing for the protection of personal identifiers and the confidentiality of information; permitting fees and assessments to be assessed; authorizing penalties to be set by rule; authorizing injunctive relief; establishing special revenue account; and allowing other sanctions.
Respectfully submitted,
Harold K. Michael, Chair, Meshea L. Poore, Lynwood Ireland, Conferees on the part of the House of Delegates.
Joseph M. Minard, Chair, Evan H. Jenkins, Mike Hall, Conferees on the part of the Senate.
Senator Minard, Senate cochair of the committee of conference, was recognized to explain the report.
Thereafter, on motion of Senator Minard, the report was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2745, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2745) passed with its conference 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 that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2161, Creating the Herbert Henderson Office of Minority Affairs.
On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and insisted on its position.
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. 238, Redesignating Division of Veterans' Affairs as Department of Veterans' Assistance.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §4-10-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §5F-1-2 of said code be amended and reenacted; that §5F-2-1 of said code be amended and reenacted; that §6-7-2a of said code be amended and reenacted; that §9A-1-1, §9A-1-2 and §9A-1-4 of said code be amended and reenacted; and that said code be amended by adding thereto four new sections, designated §9A- 1-1a, §9A-1-1b, §9A-1-1c and §9A-1-1d, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 10. PERFORMANCE REVIEW ACT.
§4-10-8. Schedule of departments for agency review.
(a) Each department shall make a presentation pursuant to the provisions of this article, to the Joint Standing Committee and the committee during the first interim meeting after the regular session of the year in which the department is to be reviewed pursuant to the schedule set forth in subsection (b) of this section.
(b) An agency review shall be performed on one or more agencies under the purview of each department at least once every six years, commencing as follows:
(1) 2008, the Department of Administration;
(2) 2009, the Department of Education and the Arts, and the Department of Education, including the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education;
(3) 2010, the Department of Revenue and the Department of Commerce;
(4) 2011, the Department of Environmental Protection and the Department of Military Affairs and Public Safety;
(5) 2012, the Department of Health and Human Resources, including the Bureau of Senior Services; ~~and~~
(6) 2013, the Department of Transportation; and
(7) 2016, the Department of Veterans' Assistance.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.

ARTICLE 1. GENERAL PROVISIONS.

§5F-1-2. Executive departments created; offices of secretary created.

(a) There are created, within the executive branch of the state government, the following departments:
(1) Department of Administration;
(2) Department of Education and the Arts;
(3) Department of Environmental Protection;
(4) Department of Health and Human Resources;
(5) Department of Military Affairs and Public Safety;
(6) Department of Revenue;
(7) Department of Transportation; ~~and~~
(8) Department of Commerce; and
(9) Effective July 1, 2011, Department of Veterans' Assistance.
(b) Each department will be headed by a secretary appointed by the Governor with the advice and consent of the Senate. Each secretary serves at the will and pleasure of the Governor.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code.
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code.
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission, provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment ~~Services~~ Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis.
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code; and
(4) Division of Rehabilitation Services provided in ~~section two,~~ article ten-a, chapter eighteen of this code.
(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Justice and Community Services provided in article nine-a, chapter fifteen of this code;
(8) Division of Corrections provided in chapter twenty-five of this code;
(9) Fire Commission provided in article three, chapter twenty-nine of this code;
(10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code; and
(11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code. ~~and~~
~~(12) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.~~
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in ~~article one,~~ chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) ~~Agency of~~ Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) ~~Office of~~ West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code.
(k) The Veterans' Council provided in article one, chapter nine-a of this code, including all of the allied, advisory, affiliated or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans' Assistance.
~~(k)~~ (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
~~(l)~~ (m) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
~~(m)~~ (n) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
~~(n)~~ (o) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.

§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, two thousand six, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in two thousand six and thereafter, notwithstanding any other provision of this code to the contrary, The annual salary of each named appointive state officer ~~shall be~~ is as follows:
Commissioner, Division of Highways, $92,500; Commissioner, Division of Corrections, $80,000; Director, Division of Natural Resources, $75,000; Superintendent, State Police, $85,000; Commissioner, Division of Banking, $75,000; Commissioner, Division of Culture and History, $65,000; Commissioner, Alcohol Beverage Control Commission, $75,000; Commissioner, Division of Motor Vehicles, $75,000; Chairman, Health Care Authority, $80,000; members, Health Care Authority, $70,000; Director, Human Rights Commission, $55,000; Commissioner, Division of Labor, $70,000; ~~Director, Division of Veterans' Affairs, sixty-five thousand dollars;~~ Chairperson, Board of Parole, $55,000; members, Board of Parole, $50,000; members, Employment Security Review Board, $17,000; and Commissioner, ~~Bureau of Employment Programs~~ Workforce West Virginia, $75,000. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, $95,000; Transportation, $95,000: Provided, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, he or she shall be paid $120,000; Revenue, $95,000; Military Affairs and Public Safety, $95,000; Administration, $95,000; Education and the Arts, $95,000; Commerce, $95,000; Veterans' Assistance, $95,000; and Environmental Protection, $95,000: Provided, however, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006 that exceeds $5,000 shall be paid to such officer or his or her successor beginning on July 1, 2006, in annual increments of $5,000 per fiscal year, officer whose salary is increased by the reenactment of this subsection during the regular session of the Legislature in 2011 by more than $5,000 shall be paid the salary increase in increments of $5,000 per fiscal year beginning July 1, 2011 , up to the maximum salary provided in this subsection: ~~Provided further,~~ ~~That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, then the annual increments of $5,000 per fiscal year do not apply~~.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to July 1, 2006, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in 2006 and shall thereafter, notwithstanding any other provision of this code to the contrary, shall be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, $80,000; Director, Division of Rehabilitation Services, $70,000; Director, Division of Personnel, $70,000; Executive Director, Educational Broadcasting Authority, $75,000; Secretary, Library Commission, $72,000; Director, Geological and Economic Survey, $75,000; Executive Director, Prosecuting Attorneys Institute, $70,000; Executive Director, Public Defender Services, $70,000; Commissioner, Bureau of Senior Services, $75,000; Director, State Rail Authority, $65,000; Executive Director, Women's Commission, $45,000; Director, Hospital Finance Authority, $35,000; member, Racing Commission, $12,000; Chairman, Public Service Commission, $85,000; members, Public Service Commission, $85,000; Director, Division of Forestry, $75,000; Director, Division of Juvenile Services, $80,000; and Executive Director, Regional Jail and Correctional Facility Authority, $80,000: ~~Provided,~~ That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006 that exceeds $5,000 shall be paid to such officer or his or her successor beginning on July, 1 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection.
(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006 and thereafter, notwithstanding any other provision of this code to the contrary, The annual salary of each named appointive state officer shall be as follows:
Commissioner, State Tax Division, $92,500; Insurance Commissioner, ~~Insurance Commission,~~ $92,500; Director, Lottery Commission, $92,500; Director, Division of Homeland Security and Emergency Management, $65,000; and Adjutant General, $92,500.
(d) No increase in the salary of any appointive state officer pursuant to this section ~~shall~~ may be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.
CHAPTER 9A. VETERANS' AFFAIRS.
ARTICLE 1. DEPARTMENT OF VETERANS' ASSISTANCE.
§9A-1-1. Creation and general purposes.
(a) ~~A state agency to be known as~~ Effective July 1, 2011, ~~The~~ the West Virginia Division of Veterans' Affairs is hereby created and established within the Department of Military Affairs and Public Safety for the purpose of aiding, assisting, counseling and advising, and looking after the rights and interests of, all persons known as veterans who have served in the Armed Forces of the United States in the Army, Navy, Marine Corps, Air Force or Coast Guard as defined by the laws of the United States and whose separation therefrom has been other than dishonorable and who are citizens and residents of this state, and the widows, dependents and orphans, who are or have become citizens and residents of this state, or all persons known as veterans who have served in the Armed Forces of the United States in the Army, Navy, Marine Corps, Air Force or Coast Guard as defined by the laws of the United States and whose separation therefrom has been other than dishonorable. redesignated the Department of Veterans' Assistance.
(b) The purpose of the department is to aid, assist, counsel and advise, and to encourage competition among counties and municipalities to develop, improve and enhance veteran-friendly services, benefits and assistance to, veterans who have served in and been honorably discharged or separated under honorable conditions from the armed forces of the United States and their widows, widowers and dependents, including populations of veterans who may have special needs as a result of homelessness, incarceration or physical or mental disabilities.
(c) All references in this code to the West Virginia Division of Veterans' Affairs and the Director of the West Virginia Division of Veterans' Affairs shall mean the Department of Veterans' Assistance and the Secretary of the Department of Veterans' Assistance, respectively.

§9A-1-1a. Department of Veterans' Assistance; office of Secretary of Department of Veterans' Assistance.

(a) The Secretary of the Department of Veterans' Assistance is the chief executive officer of the department. Subject to the requirements for the qualification and appointment of the secretary provided in section four of this article, the Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected and until a successor shall have been appointed and qualified. The Secretary shall serve at the will and pleasure of the Governor. Any reference in this code to the Division of Veterans' Affairs or to the Department of Veterans' Affairs means the Department of Veterans' Assistance. Any reference in this code to the Director of the Division of Veterans' Affairs means the Secretary of the Department of Veterans' Assistance. As used in this chapter, "secretary" means the Secretary of Veterans' Assistance and "division" means Department of Veterans' Assistance.
(b) The department may receive federal funds.
(c) The secretary serves at the will and pleasure of the Governor. The annual compensation of the secretary shall be as specified in section two-a, article seven, chapter six of this code.

§9A-1-1b. Powers and duties of the secretary.

(a) The secretary controls and supervises the department and is responsible for the work of each department employee.
(b) The secretary has the power and authority specified in this article, in article two, chapter five-f of this code and as otherwise specified in this chapter.
(c) The secretary may employ staff, assistants and employees as necessary for the efficient operation of the department.
(d) The secretary may delegate his or her powers and duties to assistants and employees, but the secretary is responsible for all official acts of the department.
§9A-1-1c. Reports by secretary.
The secretary shall report annually to the Governor concerning the conduct of the department and make other reports as the Governor may require.

§9A-1-1d. Right of appeal from interference with functioning of agency.

Any governmental entity may appeal to the Governor for review upon a showing that application of the secretary's authority may interfere with the successful functioning of that entity. The Governor's decision controls on appeal.
§9A-1-2. Veterans' Council; administration of department.
There is continued the "Veterans' Council" consisting of nine members who must be citizens and residents of this state and who have served in and been honorably discharged or separated under honorable conditions from the armed forces of the United States and whose service was within a time of war as defined by the laws of the United States, either Public Law No. 2 -- 73rd Congress, or Public Law No. 346 -- 78th Congress, and amendments thereto. At Where feasible, ~~least one member of the council must be a veteran of World War II, at least one member of the council must be a veteran of the Korean Conflict~~ two members of the council shall be veterans of either World War II or the Korean Conflict, at least two members of the council ~~must~~ shall be veterans of the Vietnam era, at least one member ~~must~~ shall be a veteran of the first Gulf War and at least one member ~~must~~ shall be a veteran of the Afghanistan or Iraqi Conflicts. The members of the veterans' council ~~must~~ shall be selected with special reference to their ability and fitness to effectuate the purposes of this article. If an eligible veteran is not available or cannot be selected, a veteran who is a citizen and resident of this state, who served in and was honorably discharged or separated under honorable conditions from the armed forces of the United States and who served during any time of war or peace may be selected.
A ~~director~~ secretary and such veterans' affairs officers, assistants and employees as ~~may be deemed~~ the secretary considers advisable, shall administer the West Virginia ~~division of veterans' affairs~~ Department of Veterans' Assistance.

§9A-1-4. Duties and functions of Veterans' Council; appointment of secretary; honoring academic achievement at military academies.

(a) It is the duty and function of the Veterans' Council to advise the ~~director~~ secretary on the general administrative policies of the ~~division~~ department, to select, at their first meeting in each fiscal year commencing on July 1, a ~~chairman~~ chairperson to serve one year, to advise the ~~director~~ secretary on rules as may be necessary, to advise the Governor and the Legislature with respect to legislation affecting the interests of veterans, their widows, dependents and orphans and to make annual reports to the Governor respecting the service of the ~~division~~ department. The ~~director~~ secretary has the same eligibility and qualifications prescribed for members of the Veterans' Council. ~~The Governor shall appoint a director for a term of six years, by and with the advice and consent of the Senate. Before making the appointment~~ the Governor shall request the council of the West Virginia division of veterans' affairs to furnish a full and complete report concerning the qualifications and suitability of the proposed appointee. The director may only be removed by the Governor for cause, but shall have upon his or her own request an open hearing before the Governor on the complaints or charges lodged against him or her. The action of the Governor shall be final. The ~~director~~ secretary ex officio shall ~~be the executive secretary of the Veterans' Council, keep the minutes of each meeting and be in charge of~~ maintain all records of the ~~division~~ Veterans' Council.
(b) The Veterans' Council may annually honor each West Virginian graduating from the U. S. Military Academy, the U. S. Naval Academy, the U. S. Air Force Academy and the U. S. Coast Guard Academy with the highest grade point average by bestowing upon him or her the "West Augusta Award". The award shall be in a design and form established by the council and include the famous Revolutionary War phrase from which the award's name is derived: "Once again our brethren from West Augusta have answered the call to duty." The council shall coordinate the manner of recognition of the recipient at graduation ceremonies with each academy.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 238--A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §9A-1-1, §9A-1-2 and §9A-1-4 of said code; and to amend said code by adding thereto four new sections, designated §9A-1-1a, §9A-1-1b, §9A-1-1c and §9A-1-1d, all relating to redesignating the Division of Veterans' Affairs as the Department of Veterans' Assistance within the executive branch; establishing the time period for review of the Department of Veterans' Assistance by the Joint Standing Committee on Government Organization and the Joint Committee on Government Operations; providing that the Veterans' Council be part of the Department of Veterans' Assistance; providing that the department be supervised by a secretary-level administrator; establishing the salary of the secretary; providing an effective date for redesignation; clarifying the purpose of the Department of Veterans' Assistance; making other changes to the code to comport with the amendment; and providing technical and clerical cleanup.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for 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: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: Sypolt--1.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 238) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: Sypolt--1.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 238) 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. 219, Relating to maintaining solvency of Unemployment Compensation Fund.
On motion of Senator Unger, 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 §21A-8-1 and §21A-8-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend said code by adding thereto a new section, designated §21A-8-16, all to read as follows:
ARTICLE 8. UNEMPLOYMENT COMPENSATION FUND.
§21A-8-1. Establishment.
There is hereby established as a special fund, separate and apart from all public moneys or funds of the state, an Unemployment Compensation Fund. The fund shall consist of:
(1) All payments collected under this chapter.
(2) Interest earned upon money in the fund.
(3) Property or securities acquired through the use of the fund.
(4) Earnings of such property or securities.
(5) Amounts transferred from the Employment Security Special Administration Fund.
(6) Any moneys loaned to the fund pursuant to section sixteen of this article.
~~(6)~~ (7) Any moneys received from the federal unemployment account in the Unemployment Trust Fund in accordance with Title XII of the Social Security Act, as amended.
All money in the funds shall be mingled and undivided.
Any interest required to be paid on advances under Title XII of the Social Security Act, as amended, shall be paid by the date on which such interest is due. No interest shall be paid directly or indirectly from amounts in the Unemployment Compensation Trust Fund.
§21A-8-10. Withdrawals.
Except as provided in section thirteen of this article, money shall be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits and repayment of any loans outstanding from the Revenue Center Construction Fund as provided in section sixteen of this article. The commissioner may requisition from the unemployment trust fund such amounts, not exceeding the amount of the account, as he the commissioner determines to be necessary for the payment of benefits for a reasonable future period or to repay a loan outstanding from the Revenue Center Construction Fund as provided in section sixteen of this article.
Upon receipt of the money he the commissioner shall deposit it in the benefit account.

§21A-8-16. Loans to Unemployment Compensation Fund from Revenue Center Construction Fund.

(a) Notwithstanding any provision of this code to the contrary and subject to the provisions of this section, the Governor is hereby authorized, by executive order, after first notifying the presiding officers of both houses of the Legislature in writing, to borrow funds from the Revenue Center Construction Fund created by chapter nineteen, acts of the Legislature, first extraordinary session, two thousand six, for deposit into the Unemployment Compensation Fund, created in section one of this article, to be expended in accordance with this code. The amount of funds borrowed and outstanding under this section may not exceed $20 million at any one time, or the amount the Governor determines is necessary to adequately sustain the balance in the Unemployment Compensation Fund at a minimum of $20 million, whichever is less.
(b) Notwithstanding the provisions of subsection (a) of this section, the Governor may not borrow funds from the Revenue Center Construction Fund unless the Executive Director of Workforce West Virginia has projected that the balance in the state's Unemployment Compensation Fund will be less than $20 million at any time during the next thirty days.
(c) Any funds borrowed pursuant to this subsection shall be repaid from funds on deposit in the Unemployment Trust Fund in excess of $20 million or from other funds legally available for such purpose, without interest, and redeposited to the credit of the Revenue Center Construction Fund within one-hundred-eighty days of their withdrawal.
(d) No amounts may be borrowed pursuant to the provisions of this section after September 1, 2011.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 219--A Bill to amend and reenact §21A-8-1 and §21A-8-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21A-8-16, all relating to maintaining solvency of the Unemployment Compensation Fund; providing a mechanism for the Governor to borrow funds from the Revenue Center Construction Fund for a limited period of time and deposit those funds into the Unemployment Compensation Fund if the balance of the Unemployment Compensation Fund drops below $20 million; providing that no amount borrowed shall exceed $20 million; and providing for repayment of such borrowed amounts.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 219, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 219) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
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. 228, Creating Local Solution Dropout Prevention and Recovery Act.
On motion of Senator Unger, 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5B-11; and that §18-8-3 and §18-8-6 of said code be amended and reenacted, all to read as follows:
ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.
§18-5B-11. Local Solution Dropout Prevention and Recovery Innovation Zone Act.

(a) Legislative findings, intent and purpose.
The Legislature finds that:
(1) High school graduation is an essential milestone for all West Virginia students and impacts the future success of the individual, community and state;
(2) There are significant correlations between educational attainment and labor market outcomes, greater labor force participation rate, increased employment rates, improved health, and decreased levels of poverty and crime. The negative impact on these linkages is most evident in the absence of high school completion;
(3) Dropping out of school is a process, not an event, with factors building and compounding over time;
(4) Students at risk of not completing high school can be identified as early as sixth grade using the indicators of attendance, behavior and course failures. Therefore, a comprehensive graduation plan must include a comprehensive systemic approach that emphasizes early interventions;
(5) Research identifies a number of effective strategies for engaging students that have the most positive impact on improving high school graduation rates. Some of these strategies are school-community collaboration, safe learning environments, family engagement, early literacy development, mentoring and tutoring services, service learning opportunities, alternative and nontraditional schooling, offering multiple pathways and settings for attaining high school diplomas, after-school opportunities, individualized instruction and career and technical education;
(6) Schools cannot solve the dropout problem alone. Research shows when educators, parents, elected officials, business leaders, faith-based leaders, human service personnel, judicial personnel and civic leaders collectively work together they are often able to find innovative solutions to address school and community problems; and
(7) Increasing high school graduation rates is an important factor in preparing a college and career-ready citizenry. Higher education institutions, including community and technical colleges, are essential partners in creating local and statewide solutions.
(b) Therefore, the intent of the Legislature is to provide a separate category of innovation zones designated "Local Solution Dropout Prevention and Recovery Innovation Zones" intended to achieve the following purposes:
(1) Provide for the establishment of Local Solution Dropout Prevention and Recovery Innovation Zones to increase graduation rates and reduce the number of dropouts from West Virginia schools;
(2) Provide schools and communities with opportunities for greater collaboration to plan and implement systemic approaches that include evidence-based solutions for increasing graduation rates and reducing the number of dropouts;
(3) Provide a testing ground for innovative graduation programs, incentives and approaches to reducing the number of dropouts;
(4) Provide information regarding the effects of specific innovations, collaborations and policies on graduation rates and dropout prevention and recovery; and
(5) Document educational strategies that increase graduation rates, prevent dropouts and enhance student success.
(c) Local Solution Dropout Prevention and Recovery Innovation Zones.
A school, a group of schools or a school district may be designated as a Local Solution Dropout Prevention and Recovery Innovation Zone in accordance with the provisions of this article, subject to the provisions of this section. The state board shall propose rules for legislative promulgation, including an emergency rule if necessary, in accordance with article three-b chapter twenty-nine of this code to implement the provisions of this section. All provisions of this article apply to Local Solution Dropout Prevention and Recovery Innovation Zones, including, but not limited to, the designation, application, approval, waiver of statutes, policies, rule and interpretations, employee approval, employee transfers, progress reviews, reports and revocations, and job postings, subject to the following:
(1) For purposes of this section, a "school, a group of schools or a school district" means a high school, a group of schools comprised of a high school and any of the elementary and middle schools whose students will attend the high school, or a school district whose graduation rate in the year in which an application is made is less than ninety percent based on the latest available school year data published by the Department of Education;
(2) The contents of the application for designation as a Local Solution Dropout Prevention and Recovery Innovation Zone must include a description of the dropout prevention and recovery strategies and that the school, group of schools or school district plans to implement if designated as a Local Solution Dropout Prevention and Recovery Innovation Zone, and any other information the state board requires. The application also shall include a list of all county and state board rules, policies and interpretations, and all statutes, if any, identified as prohibiting or constraining the implementation of the plan, including an explanation of the specific exceptions to the rules, policies and interpretations and statutes required for plan implementation. A school, a group of schools, or school district may not request an exception nor may an exception be granted from any of the following:
(i) An assessment program administered by the West Virginia Department of Education;
(ii) Any provision of law or policy required by the No Child Left Behind Act of 2001, Public Law No. 107-110 or other federal law; and
(iii) Section seven, article two and sections seven-a, seven-b, eight and eight-b, article four, chapter eighteen-a of this code, except as provided in section eight of this article;
(3) The factors to be considered by the state board when evaluating an application shall include, but are not limited to, the following:
(A) Evidence that other individuals or entities and community organizations are involved as partners to collectively work with the applicant to achieve the purposes as outlined in the dropout prevention and recovery plan. These individuals or entities and community organizations may include, but are not limited to, individuals or entities and community organizations such as parents, local elected officials, business leaders, faith-based leaders, human service personnel, judicial personnel, civic leaders community and technical colleges Higher education institutions;
(B) The level of commitment and support of staff, parents, students, the county board of education, the local school improvement council and the school's business partners as determined in accordance with this article apply to become a Local Solutions Dropout Prevention and Recovery Innovation Zone;
(C) The potential for an applicant to be successful in building community awareness of the high school dropout problem and developing and implementing its dropout prevention and recovery plan; and
(D) Implementation of the statewide system of easily identifiable early warning indicators of students at risk of not completing high school developed by the state board in accordance with section six, article eight of this chapter, known as The High School Graduation Improvement Act, along with a plan of interventions to increase the number of students earning a high school diploma;
(4) The rule shall provide standards for the state board to review applications for designation as a Local Solutions Dropout Prevention and Recovery Innovation Zones;
(5) The application for designation as a Local Solutions Dropout Prevention and Recovery Innovation Zone under this section is subject to approval in accordance with sections five and six of this article. In addition to those approval stages, the application, if approved by the school employees, shall be presented to the local school improvement council for approval prior to submission to county superintendent and board. Approval by the local school improvement council is obtain when at least eighty percent of the local school improvement council members present and voting after a quorum is established vote in favor of the application; and
(6) Upon approval by the state board and state superintendent of the application, all exceptions to county and state board rules, policies and interpretations listed within the plan are granted. T he applicant school, group of schools or school district shall proceed to implement the plan as set forth in the approved application and no further plan submissions or approval are required, except that if an innovation zone plan, or a part thereof, may not be implemented unless an exception to a statute is granted by Act of the Legislature, the state board and state superintendent may approve the plan, or the part thereof, only upon the condition that the Legislature acts to grant the exception as provided in this article.
(d) Local solutions dropout prevention and recovery fund.
There is hereby created in the State Treasury a special revenue fund to be known as the "Local Solutions Dropout Prevention and Recovery Fund". The fund shall consist of all moneys received from whatever source to further the purpose of this article. The fund shall be administered by the state board solely for the purposes of this section. Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next fiscal year. Fund balances shall be invested with the state's consolidated investment fund and any and all interest earnings on these investments shall be used solely for the purposes that moneys deposited in the fund may be used pursuant to this section.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.

§18-8-3. Employment of county director of school attendance and assistants; qualifications; salary and traveling expenses; removal.

(a) The county board of education of every county, not later than August 1, of each year, shall employ the equivalent of a full- time county director of school attendance if such county has a net enrollment of more than four thousand pupils, at least a half-time director of school attendance if such county has a net enrollment equal to or less than four thousand pupils and such assistant attendance directors as deemed necessary. All persons to be employed as attendance directors shall have the written recommendation of the county superintendent.
(b) The county board of education may establish special and professional qualifications for attendance directors and assistants as are deemed expedient and proper and are consistent with regulations of the State Board of Education relating thereto: Provided, That if the position of attendance director has been posted and no fully certified applicant applies, the county may employ a person who holds a professional administrative certificate and meets the special and professional qualifications established by the county board as attendance director and that person shall not be required to obtain attendance director certification.
(c) The attendance director or assistant director shall be paid a monthly salary as fixed by the county board. The attendance director or assistant director shall prepare attendance reports, and such other reports as the county superintendent may request.
(d) The county board of education shall reimburse the attendance directors or assistant directors for their necessary traveling expenses upon presentation of a monthly, itemized, sworn statement approved by the county superintendent.
§18-8-6. The High School Graduation Improvement Act.
(a) This section is known and may be cited as "The High School Graduation Improvement Act".
(b) The Legislature makes the following findings:
(1) West Virginia has a dire need to implement a comprehensive approach to addressing the high school drop-out crisis, and to develop policies and strategies that successfully assist at-risk students to stay in school, earn a high school diploma, and ultimately become productively contributing members of society;
(2) The current demands for a highly skilled workforce require a high school diploma at the very minimum;
(3) The state has several dynamic programs that are capable of actively engaging students in learning, providing students with a sense of relevancy in academics, and motivating students to succeed in school and ultimately earn a high school diploma;
(4) Raising the compulsory school attendance age alone will neither increase the graduation rate nor decrease the drop-out rate. It is imperative that the state shift the focus from merely compelling students to attend school to instead providing vibrant and engaging programs that allow students to recognize the value of a high school diploma or workforce credential and inspire students to graduate from high school, especially those students who are at risk of dropping out of school;
(5) Investing financially in this focus shift will result in the need for fewer resources to be committed to enforcing compulsory attendance laws and fewer incidents of disruptive student behavior;
(6) Absenteeism is proven to be the highest predictor of course failure. Truant students face low self-confidence in their ability to succeed in school because their absences cause them to fall behind their classmates, and the students find dropping out easier than catching up;
(7) There is a strong relationship between truancy and dropping out of high school. Frequent absences are one of the most common indicators that a student is disengaging from the learning process and likely to drop out of school early. Intervention after fewer absences is likely to have a positive impact on a student's persistence to graduation;
(8) Students cite many reasons for dropping out of school, some of which include engaging in drug culture, lack of positive influence, role model or parental involvement, absence of boundaries and direction, lack of a positive home environment, peer pressure, and poor community expectations;
(9) Dropping out of school has a profound negative impact on an individual's future, resulting in limited job choices, substantially lower wages and less earned over a life-time than high school graduates, and a greater likelihood of depending on public assistance and engaging in criminal activity;
(10) Career-technical education is a dynamic system in West Virginia which offers numerous concentrations that provide students with industry-recognized credentials, while also preparing them for post-secondary education;
(11) All career-technical education students in the state have an opportunity to earn free college credit through the Earn a Degree-Graduate Early (EDGE) program;
(12) The current high school graduation rate for secondary career-technical education completers is significantly higher than the state graduation rate;
(13) Students involved in career-technical education learn a marketable skill, are likely to find jobs, and become prepared for post-secondary education;
(14) A significant number of students who could benefit from participating in a career-technical program are denied access due to a number of factors, such as dropping out of high school prior to enrolling in career-technical education, requirements that students repeat academic courses that they have failed, and scheduling conflicts with the high schools;
(15) There has been a dramatic change over the years from vocational education, which was very basic and lacked high level skills, to the career-technical programs of today which are computer based, require national tests and certification, and often result in jobs with high salaries;
(16) West Virginia's employers and technical education job placement rates show that the state needs graduates with technical skills to compete in the current and future job markets;
(17) The job placement rate for students graduating from career-technical programs statewide is greater than ninety-five percent;
(18) Among the reasons students cite for dropping out of school are feelings of hopelessness when they have failed classes and can not recover credits in order to graduate;
(19) The state offers full-day programs consisting of credit recovery, hands on experiences in career-technical programs and basic education, which are valuable resources for re-engaging students who have dropped out of school, or have a potential for or are at risk of dropping out;
(20) A student is significantly more likely to graduate from high school if he or she completes four units of training in technical education;
(21) Learning is increased and retained at a higher level if the content is taught through a relevant and applied experience, and students who are able to experience academics through real life projects have a higher probability of mastering the appropriate concepts;
(22) Programs such as "GED Option" and "Techademics" are valuable resources for providing relevant and applied experience for students;
(23) The Techademics programs administered by the Department of Education has embedded math competencies in career-technical program curricula whereby students simultaneously earn credit for mastery of math competencies and career-technical courses;
(24) Students would greatly benefit if West Virginia were designated as a "GED Option" state. Currently a student is ineligible to take the General Educational Development (GED) exam if he or she is enrolled in school, which requires the student to drop out of high school in order to participate in a GED preparation program or take the exam, even if the student desires to remain enrolled;
(25) A GED Option state designation by the American Council on Education would allow students in this state to remain enrolled in school and continue acquiring academic and career-technical credits while pursuing a GED diploma. The GED Option would be blended with the West Virginia virtual schools or a career-technical education pathway. Upon completion, rather than being a dropout, the student would have a GED diploma and a certification in the chosen career-technical or virtual school pathway;
(26) The Mountaineer Challenge Academy is a positive option for students at risk of dropping out of school, as it provides students with structure, stability, and a focus on positive change, all in an environment where negative influences and distractions can be left behind;
(27) Students attending the Mountaineer Challenge Academy would greatly benefit if the GED Option were implemented at the Academy;
(28) The Health Sciences and Technology Academy (HSTA) program prepares rural, minority and economically disadvantaged students for college and careers in the health sciences, and demonstrates tremendous success in its high percentage of students who graduate from high school and participate in post-secondary education.
(29) The West Virginia GEAR UP (Gaining Early Awareness and Readiness for Undergraduate Programs) program is aimed at increasing the academic performance and rigorous preparation of students, increasing the number of high-poverty, at-risk students who are prepared to enter and succeed in post-secondary education, and increasing the high school graduation rate;
(30) The GEAR UP program successfully aids students in planning, applying and paying for education and training beyond high school;
(31) Each dropout involved in drugs or crime or dependent on public assistance creates a huge fiscal burden on society;
(32) The intense treatment and individual monitoring provided through the state's juvenile drug courts have proven to be highly effective in treating drug addictions, and rehabilitating drug-addicted youth and improving their educational outcomes;
(33) Services provided by juvenile drug courts include substance abuse treatment, intervention, assessment, juvenile and family counseling, heavy supervision by probation officers including school-based probation officers who provide early intervention and diversion services, and addressing some of the underlying reasons why students are not successful in school;
(34) School participation and attendance are required for students participating in juvenile drug courts, and along with academic progress are closely monitored by the courts;
(35) Juvenile drug courts are an important strategy to improve substance abuse treatment outcomes, and serve to save the state significant cost on incarceration of the juveniles, along with the future costs to society of individuals who remain substance abusers;
(36) Juvenile drug courts produce greater cost benefits than other strategies that address criminal activity related to substance abuse and addiction that bring individuals into the criminal justice system;
(37) Funding for the increased number of students enrolled in school during the 2010-2011 school year due to the compulsory school attendance age increase established by this act will not be reflected in the state aid formula allocation until the 2011-2012 school year, which will require additional funds to be provided to county boards for the 2010-2011 school year to accommodate the increased enrollment;
(38) The state will benefit both fiscally and through improved quality of life if scarce state resources are targeted toward programs that result in providing a competitive advantage as adults for those students who are at risk of dropping out of school;
(39) Funds invested toward education and ensuring that students complete high school pay tremendous dividends through the moneys saved on incarceration, unemployment and underemployment as those students reach adulthood; ~~and~~
(40) Increasing the compulsory school attendance age will have little effect in aiding students to complete high school if additional resources, both fiscal and programmatic, are not dedicated to supporting student achievement, providing real-life relevancy in curriculum, and engaging students in learning, particularly for those students who have become so disengaged from school and learning that they are at risk of dropping out of school; and
(41) Schools cannot solve the dropout problem alone. Research shows when educators, parents, elected officials, business leaders, faith-based leaders, human service personnel, judicial personnel and civic leaders collectively work together they are often able to find innovative solutions to address school and community problems.
(c) The Legislature intends as follows:
(1) The state will continue to explore diverse instructional delivery strategies to accommodate various learning styles and will focus on a state-wide dropout intervention and prevention program to provide support for students having academic difficulty;
(2) A general credit recovery program shall be implemented statewide, including delivery through West Virginia virtual schools;
(3) The state board will continue to improve the way career- technical education is offered, including expansion of the Techademics program;
(4) Up to five additional juvenile drug courts shall be established by January 1, 2012;
(5) The state will invest additional state funds and other resources in strategies and programs that engage disconnected and discouraged students in a positive learning environment as a critical first step to ensuring that students persist and graduate; ~~and~~
(6) County boards will develop plans to demonstrate how they will use available funds to implement the intent of this section; and
(7) The state board shall develop a statewide system in electronic format that will provide schools with easily identifiable early warning indicators of students at risk of not graduating from high school. The system shall be delivered through the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) and shall at a minimum incorporate data on the attendance, academic performance and disciplinary infractions of individual students. The state board shall require implementation of the system in Local Solution Dropout Prevention and Recovery Innovation Zones along with a plan of interventions to increase the number of students earning a high school diploma, and may utilize the zones as a pilot test of the system.
(d) Each county board shall include in its alternative education program plan required by section six, article two, of this chapter a plan to improve student retention and increase the graduation rate in the county. The plan is subject to approval of the state board, and shall include strategies the county board will implement to achieve the following goals:
(1) Increasing the graduation rate for the county;
(2) Identifying at the earliest age possible those students who are at risk of dropping out of school prior to graduation; and
(3) Providing additional options for delivering to at-risk students academic credentials and career-technical training if appropriate or desired by the student. The options may include such programs as Techademics, Earn a Degree-Graduate Early (EDGE), Health Sciences and Technology Academy (HSTA), Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP), truancy diversion, early intervention, dropout prevention, prevention resource officers, GED option, credit recovery, alternative learning environments, or any other program or strategy approved by the state board.
(e) As soon as is practicable the state superintendent or his or her designee shall pursue designation of West Virginia as a "GED Option" state by the American Council on Education. If so designated, the state board shall:
(1) Develop and implement a program whereby a student may pursue a GED diploma while remaining enrolled in high school; and
(2) Ensure that the GED Option is offered to students attending the Mountaineer Challenge Academy.
(f) The state board shall continue to expand:
(1) The Techademics program to include each major academic subject and increase the academic credit available through the program to students; and
(2) The Health Sciences and Technology Academy to ensure that the program is available for any school containing any of the grade levels of eligible students.
(g) The state board shall ensure that the dropout information required by section twenty-four, article one-b, chapter fifteen of this code is provided annually to the Mountaineer Challenge Academy.
(h) Some career and technical education programs only ~~except~~ accept students in certain upper high school grade levels due to lack of capacity to accept the students in the lower high school grade levels. This can be detrimental to efforts to keep students identified as at risk of dropping out of school prior to graduation in school. Therefore, those career and technical education programs that ~~only~~ limit enrollment to students in certain upper high school grade levels ~~to enroll~~ may make exceptions for those at risk students and enroll any of those at risk students who are in grades nine and above.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 228--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-11; and to amend and reenact §18-8-3 and §18-8-6 of said code, all relating to school attendance; creating the Local Solution Dropout Prevention and Recovery Act; providing legislative findings and purpose; requiring the state board to propose legislative and emergency rules; defining terms; providing application process, contents, factors to be considered in evaluating the applications and standards for review for designation of schools or school districts; exempting certain persons from certification as attendance directors under specific circumstances; requiring the state board to implement a statewide electronic system through the uniform integrated regional computer information system with early warning indicators; creating special revenue fund in State Treasury entitled the Local Solution Dropout Prevention and Recovery Fund.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 228, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 228) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 228) 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, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 241, Relating to Division of Tourism and Tourism Commission.
On motion of Senator Unger, 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 §5B-1-1a and §5B-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §5B-2-8 and §5B-2-9 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §5B-2-8a; and that §5F-2-1 of said code be amended and reenacted, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 5B. DEPARTMENT OF COMMERCE.

§5B-1-1a. Marketing and Communications Office.

(a) There is ~~hereby created~~ continued in the Department of Commerce the Marketing and Communications Office. The office is created to provide marketing and communications goods and services to other state agencies, departments, units of state or local government or other entity or person.
(b) The office is authorized to charge for goods and services it provides to other state agencies. The Secretary of the Department of Commerce shall approve a fee schedule determining the amounts that may be charged for goods and services provided by the office to other state agencies. At the discretion of and with the approval of the Secretary of the Department of Commerce, the office may also sell partnerships, sponsorships or advertising in its publications, events or promotions to help offset the cost of producing and distributing its products and services.
(c) All moneys collected shall be deposited in a special account in the State Treasury to be known as the Department of Commerce Marketing and Communications Operating Fund. Expenditures from the fund shall be for the operation of the office and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code. ~~Provided,~~ That for the fiscal year ending June 30, 2008, expenditures are authorized from collections and shall be expended at the discretion of the Secretary of the Department of Commerce rather than pursuant to appropriation by the Legislature.
(d) Any balance remaining at the end of any fiscal year shall not revert to the General Revenue Fund, but shall remain in the fund for expenditures in accordance with the purposes set forth in this section.
(e) The Department of Commerce shall develop and maintain a system of annual or more frequent performance measures useful in gauging the efficiency and effectiveness of the office's marketing and communications activities. The measures shall also reflect the office's efficiency and effectiveness with respect to commercially available marketing and communications services and any private sector benchmarks which might be identified or created. For the purposes of this section, "performance measures" means income, output, quality, self-sufficiency and outcome metrics.
(f) ~~Beginning on~~ On January 1 ~~2008, and annually every year thereafter,~~ of each year the Secretary of the Department of Commerce shall report to the Joint Committee on Government and Finance, the Joint Standing Committee on Finance and the Joint Commission on Economic Development on the performance of the office. This report is to include a statement of the performance measurements for the office developed by the Secretary of the Department of Commerce and an analysis of the office's performance.
(g) Pursuant to the provisions of article ten, chapter four of this code, the Marketing and Communications Office shall continue to exist until July 1, 2010, unless sooner terminated, continued or reestablished.

§5B-1-2. Agencies, boards, commissions, divisions and offices comprising the Department of Commerce.

The Department of Commerce consists of the following agencies, boards, commissions, divisions and offices, including all of the allied, advisory, affiliated or related entities, which are incorporated in and administered as part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office ~~which includes the Division of Tourism and the Tourism Commission,~~ provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code;
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; ~~and~~
(8) Division of Energy provided in article ~~one~~ two-f, chapter ~~five-h~~ five-b of this code; and
(9) Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code.

ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE AND THE DIVISION OF TOURISM.

§5B-2-8. Division of Tourism and Tourism Commission continued; members, appointment and expenses.

(a) There is hereby ~~created~~ continued within the ~~West Virginia Development Office~~ Department of Commerce the Division of Tourism and an independent Tourism Commission, which is a body corporate and politic, constituting a public corporation and government instrumentality. ~~The commission consists of thirteen~~ ~~members:~~
(b) Prior to July 1, 2011, the Governor, by and with the advice and consent of the Senate, shall appoint to the Tourism Commission three members from the private sector to represent participants in the state's tourism industry, one for a term of four years, one for a term of three years and one for a term of two years.
(c) Commencing July 1, 2011, the Tourism Commission shall consist of the following fifteen members with staggered terms:
(1) ~~Nine~~ Twelve members ~~to be~~ appointed by the Governor, with the advice and consent of the Senate, representing participants in the state's tourism industry. ~~At least seven~~ Ten of the members shall be from the private sector. ~~Of the nine members so appointed~~, one shall ~~represent~~ be a director employed by a convention and visitors bureau and ~~another~~ one shall be a member of a convention and visitors bureau. In making the appointments the Governor may select from a list provided by the West Virginia Hospitality and Travel Association of qualified applicants. Of the ~~nine~~ twelve members so appointed, no ~~more~~ less than three shall be from each congressional district within the state and shall be appointed to provide the broadest geographic distribution which is feasible;
~~(2) One member to be appointed by the Governor from the membership of the Council for Community and Economic Development created pursuant to the provisions of section two of this article;~~
~~(3)~~ (2) One member to be appointed by the Governor to represent public sector nonstate participants in the tourism industry within the state;
~~(4)~~ (3) The Secretary of Transportation or his or her designee, ex officio; and
~~(5)~~ (4) The Director of the Division of Natural Resources or his or her designee, ex officio.
~~(b)~~ (d) Each member appointed by the Governor shall serve staggered terms of four years. Any member whose term has expired shall serve until his or her successor has been appointed. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment. In cases of vacancy in the office of member, such vacancy shall be filled by the Governor in the same manner as the original appointment.
~~(c)~~ (e) Members of the commission shall not be entitled to compensation for services performed as members. A majority of these members shall constitute a quorum for the purpose of conducting business. The Governor shall appoint a chair of the commission for a term to run concurrent with the term of the office of the member appointed to be the chair. The chair is eligible for successive terms in that position.
§5B-2-8a. Commissioner of Tourism.
(a) The Division of Tourism is under the direction and charge of the Commissioner of Tourism.
(b) The commissioner shall be appointed by the Governor: Provided, That the person serving as commissioner at the time of the enactment of this section in 2011, shall continue to serve in that capacity at the will and pleasure of the Governor. The commissioner's salary shall be set the Governor. The commissioner shall be a competent person, having executive ability and knowledge of publicity, advertising and tourist promotion.
(c) In addition to other duties required of the division by other provisions of this code, the division shall:
(1) Coordinate media events to promote a positive image of West Virginia and new investment in the tourist industry;
(2) Provide comprehensive strategic planning services to existing tourism enterprises;
(3) Promote attractions of West Virginia in other states; and
(4) Distribute West Virginia informational publications and manage the West Virginia Welcome Centers.
§5B-2-9. Powers and duties of Tourism Commission.
(a) The commission shall develop a comprehensive tourism promotion and development strategy for West Virginia. "Comprehensive tourism promotion and development strategy" means a plan that outlines strategies and activities designed to continue, diversify or expand the tourism base of the state as a whole; create tourism jobs; develop a highly skilled tourism work force; facilitate business access to capital for tourism; advertise and market the resources offered by the state with respect to tourism promotion and development; facilitate cooperation among local, regional and private tourism enterprises; improve infrastructure on a state, regional and community level in order to facilitate tourism development; improve the tourism business climate generally; and leverage funding from sources other than the state, including local, federal and private sources.
(b) In developing its strategies, the commission shall consider the following:
(1) Improvement and expansion of existing tourism marketing and promotion activities;
(2) Promotion of cooperation among municipalities, counties, and the West Virginia Infrastructure and Jobs Development Council in funding physical infrastructure to enhance the potential for tourism development.
(c) The Tourism Commission shall have the power and duty:
(1) To acquire for the state in the name of the commission by purchase, lease or agreement, or accept or reject for the state, in the name of the commission, gifts, donations, contributions, bequests or devises of money, security or property, both real and personal, and any interest in such property, to effectuate or support the purposes of this article;
(2) To make recommendations to the Governor and the Legislature of any legislation deemed necessary to facilitate the carrying out of any of the foregoing powers and duties and to exercise any other power that may be necessary or proper for the orderly conduct of the business of the commission and the effective discharge of the duties of the commission;
(3) To cooperate and assist in the production of motion pictures and television and other communications;
(4) To purchase advertising time or space in or upon any medium generally engaged or employed for said purpose to advertise and market the resources of the state or to inform the public at large or any specifically targeted group or industry about the benefits of living in, investing in, producing in, buying from, contracting with, or in any other way related to, the state of West Virginia or any business, industry, agency, institution or other entity therein: Provided, That of any funds appropriated and allocated for purposes of advertising and marketing expenses for the promotion and development of tourism, not less than twenty percent of the funds shall be expended with the approval of the Director of the Division of Natural Resources to advertise, promote and market state parks, state forests, state recreation areas and wildlife recreational resources;
(5) To promote and disseminate information related to the attractions of the state through the operation of the state's telemarketing initiative, which telemarketing initiative shall include a centralized reservation and information system for state parks and recreational facilities; and
(6) To take such additional actions as may be necessary to carry out the duties and programs described in this article.
(d) The commission shall submit a report annually to the ~~council for community and economic development~~ Secretary of Commerce, the Governor and the Legislature about the development of the tourism industry in the state and the necessary funding required by the state to continue the development of the tourism industry.
(e) The ~~executive director of the West Virginia development office~~ Commissioner of the Division of Tourism shall assist the commission in the performance of its powers and duties and the ~~executive director~~ commissioner is hereby authorized in providing this assistance to employ necessary personnel, contract with professional or technical experts or consultants and to purchase or contract for the necessary equipment or supplies.
(f) The commission shall promulgate legislative rules pursuant to the provisions of chapter twenty-nine-a of this code to carry out its purposes and programs, to include generally the programs available, the procedure and eligibility of applications relating to assistance under such programs and the staff structure necessary to support such programs, which structure shall include the qualifications for a professional staff person qualified by reason of exceptional training and experience in the field of advertising to supervise the advertising and promotion functions of the commission, and shall further include provision for the management of West Virginia welcome centers. The commission is further authorized to promulgate procedural rules pursuant to said chapter to include instructions and forms for applications relating to assistance.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE
BRANCH OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office ~~which includes the Division of Tourism and the Tourism Commission~~ provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment ~~Services~~ Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; ~~and~~
(8) Division of Energy provided in article two-f, chapter five-b of this code; and
(9) Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
~~(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;~~
~~(3)~~ (2) Division of Culture and History provided in article one, chapter twenty-nine of this code; and
~~(4)~~ (3) Division of Rehabilitation Services provided in ~~section two,~~ article ten-a, chapter eighteen of this code.
(g) The Educational Broadcasting Authority provided in article five, chapter ten of this code, is part of the Department of Education and the Arts for purposes of administrative support and liaison with the office of the Governor.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Justice and Community Services provided in article nine-a, chapter fifteen of this code;
(8) Division of Corrections provided in chapter twenty-five of this code;
(9) Fire Commission provided in article three, chapter twenty-nine of this code;
(10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code. ~~and~~
~~(12) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.~~
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in ~~article one,~~ chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) ~~Agency of~~ Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) ~~Office of~~ West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.
(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code.
(k) The Veterans' Council provided in article one, chapter nine-a of this code, including all of the allied, advisory, affiliated or related entities and funds associated with it is, incorporated in and administered as part of the Department of Veterans' Assistance.
~~(k)~~ (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
~~(l)~~ (m) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
~~(m)~~ (n) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
~~(n)~~ (o) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 241--A Bill to amend and reenact §5B-1-1a and §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2-8 and §5B-2-9 of said code; to amend said code by adding thereto a new section, designated §5B-2- 8a; and to amend and reenact §5F-2-1 of said code , all relating to the organization and authority of state agencies generally; continuing the Marketing and Communications Office of the Department of Commerce; authorizing the Marketing and Communications Office to sell partnerships, sponsorships or advertising in certain circumstances; providing that Division of Tourism and the Tourism Commission are separate entities within Department of Commerce; continuing the Division of Tourism and the Tourism Commission; providing qualifications for the commissioner; providing powers of the commissioner; modifying the composition of the Tourism Commission; modifying the Tourism Commission's annual reporting requirement; providing that the Educational Broadcasting Authority is part of the Department of Education and the Arts for administrative support and liaison with the office of the Governor; and providing that the Veterans' Council and its allied, advisory, affiliated or related entities and funds are part of the Department of Veteran's Assistance.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 241, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 241) 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 that that body had refused to concur in the Senate amendment to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2012, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
On motion of Senator Unger, the Senate refused to recede from its amendment to the bill and requested the appointment of a committee of conference of seven from each house on the disagreeing votes of the two houses.
Whereupon, Senator Kessler (Acting President) appointed the following conferees on the part of the Senate:
Senators Prezioso, D. Facemire, Plymale, McCabe, Unger, Stollings and Hall.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, as to
Eng. Com. Sub. for House Bill No. 2986, Relating to forest fire seasons.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
On further motion of Senator Unger, the Senate concurred in the changed effective date of the bill, that being to take effect from passage, instead of ninety days from passage.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2986) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 620, Making supplementary appropriation to various executive accounts.
On motion of Senator Unger, 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 the balance of the funds available for expenditure in the fiscal year ending June 30, 2011, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2006, organization 0601, activity 511, be decreased by expiring the amount of $7,100,000 to the unappropriated surplus balance of the State Fund, General Revenue, to be available for appropriation during the fiscal year 2011.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0116, fiscal year 2011, organization 1200, be supplemented and amended by increasing an existing item of appropriation as follows:

TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
EXECUTIVE
8-Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2011 Org 1200
General
Act-Revenue
ivityFunds
5Unclassified - Surplus (R)

097
$2,500,000

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0116, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0131, fiscal year 2011, organization 1400, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
EXECUTIVE
10-Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2011 Org 1400
General
Act-Revenue
ivityFunds
7Unclassified - Surplus (R)

097
$725,000

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0131, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0223, fiscal year 2011, organization 0220, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF ADMINISTRATION
25-Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2011 Org 0220
General
Act-Revenue
ivityFund
1Unclassified - Surplus 097

$75,000

And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0226, fiscal year 2011, organization 0221, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF ADMINISTRATION
26-Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2011 Org 0221
General
Act-Revenue
ivityFund
6aAppointed Counsel
6b

Fees - Surplus (R) 435
$11,500,000

Any unexpended balance remaining in the appropriation for Appointed Counsel Fees - Surplus (fund 0226, activity 435) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0313, fiscal year 2011, organization 0402, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF EDUCATION
46-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2011 Org 0402
General
Act-Revenue
ivityFunds
4Unclassified - Surplus (R)097

$526,522

Increased Enrollment - Surplus 059
2,062,718

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0313, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0525, fiscal year 2011, organization 0506, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
62-Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2011 Org 0506
General
Act-Revenue
ivityFunds
9Institutional Facilities
Operations - Surplus (R)632

$3,961,964

Any unexpended balance remaining in the appropriation for Institutional Facilities Operations - Surplus (fund 0525, activity 632) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0403, fiscal year 2011, organization 0511, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
65-Division of Human Services
(WV Code Chapters 9, 48 and 49 )
Fund 0403 FY 2011 Org 0511
General
Act-Revenue
ivityFunds
40Indigent Burials - Surplus (R)076

$850,000

Any unexpended balance remaining in the appropriation for Indigent Burials - Surplus (fund 0403, activity 076) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0440, fiscal year 2011, organization 0605, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
69-West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2011 Org 0605
General
Act-Revenue
ivityFunds
4

Unclassified - Surplus (R)097
$31,491

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0440, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0450, fiscal year 2011, organization 0608, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
72-Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2011 Org 0608
General
Act-Revenue
ivityFunds
3

Unclassified - Surplus (R) 097
$7,100,000

Payments to Federal, County, and/or

Regional Jails - Surplus (R) 008
$6,000,000

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0450, activity 097), and Payments to Federal, County, and/or Regional Jails - Surplus (fund 0450, activity 008) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0456, fiscal year 2011, organization 0613, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
74-Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2011 Org 0613
General
Act-Revenue
ivityFunds
4

Unclassified - Surplus (R) 097
$300,000

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0456, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0589, fiscal year 2011, organization 0441, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
HIGHER EDUCATION
91-Higher Education Policy Commission-
Administration -
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2011 Org 0441
General
Act-Revenue
ivityFunds
1Unclassified - Surplus (R)097

$4,800,000

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0589, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0586, fiscal year 2011, organization 0442, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from General Revenue.
HIGHER EDUCATION
92-Higher Education Policy Commission-
System-
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2011 Org 0442
General
Act-Revenue
ivityFunds
5WVU - School of Health
5a

Sciences - Surplus713
$1,000,000

Any unexpended balance remaining in the appropriation for WVU - School of Health Sciences - Surplus (fund 0586, activity 713) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.
The purpose of this bill is to expire funds into the unappropriated surplus balance in the state fund, general revenue, and to supplement, amend, add and increase items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2011.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 620--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2011 in the amount of $7,100,000 from the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2006, organization 0601, activity 511, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Auditor's Office - General Administration, fund 0116, fiscal year 2011, organization 1200, to the Department of Agriculture, fund 0131, fiscal year 2011, organization 1400, to the Department of Administration - Ethics Commission, fund 0223, fiscal year 2011, organization 0220, to the Department of Administration - Public Defender Services, fund 0226, fiscal year 2011, organization 0221, to the Department of Education - State Department of Education, fund 0313, fiscal year 2011, organization 0402, to the Department of Health and Human Resources - Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2011, organization 0511, to the Department of Military Affairs and Public Safety - West Virginia Parole Board, fund 0440, fiscal year 2011, organization 0605, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2011, organization 0608, to the Department of Military Affairs and Public Safety - Division of Veterans' Affairs, fund 0456, fiscal year 2011, organization 0613, to Higher Education - Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2011, organization 0441, and to Higher Education Policy Commission - System Control Account, fund 0586, fiscal year 2011, organization 0442, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 620, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 620) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. S. B. No. 620) 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 July 1, 2011, 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. 465, Creating Marcellus Gas and Manufacturing Development Act.
On motion of Senator Unger, 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 the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5B-2H-1 and §5B-2H-2; that said code be amended by adding thereto a new section, designated §11-1C-11c; that §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §11-6D-9; that §11-6F-2 and §11-6F-3 of said code be amended and reenacted; that §11-13Q-20 of said code be amended and reenacted; that §11-13R-3 of said code be amended and reenacted; that §11-13S-3 and §11-13S-4 of said code be amended and reenacted; that §11-15-8d of said code be amended and reenacted; and that §24-2F-3 of said code be amended and reenacted, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2H. MARCELLUS GAS AND MANUFACTURING DEVELOPMENT ACT.
§5B-2H-1. Short title.
This article shall be known and cited as the "Marcellus Gas and Manufacturing Development Act".
§5B-2H-2. Legislative findings; declaration of public policy.
(a) The Legislature finds that:
(1) The advent and advancement of new and existing technologies and drilling practices have created the opportunity for the efficient development of natural gas contained in underground shales and other geological formations.
(2) With development of the Marcellus shale comes the opportunity for economic development in related areas of the economy including, but not limited to, manufacturing, transmission of natural gas and related products and the transportation of manufactured products.
(3) It is in the interest of national security to encourage post-production uses of natural gas and its various components as a replacement for oil imported from other countries.
(4) Producers of natural gas, transporters of natural gas and manufacturers of products using natural gas face a significant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping. Agencies should work together, where practical, to avoid duplication, promote better coordination and reduce these requirements, thus reducing costs, simplifying and harmonizing rules and streamlining regulatory oversight.
(5) In developing regulatory actions and identifying appropriate approaches, agencies should attempt to promote coordination, simplification, and harmonization.
(6) Agencies should also seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation.
(7) Agencies should review their existing significant legislative, interpretive and procedural rules to determine whether any such rules should be modified, streamlined, expanded or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.
(8) The West Virginia Economic Development Authority established in article fifteen, chapter thirty-one of this code and the West Virginia Infrastructure and Jobs Development Council created in article fifteen-a, chapter thirty-one of this code, should, where appropriate, provide assistance that grows or sustains this segment of the economy.
(b) The Legislature declares that facilitating the development of business activity directly and indirectly related to development of the Marcellus shale serves the public interest of the citizens of this state by promoting economic development and improving economic opportunities for the citizens of this state.
CHAPTER 11. TAXATION.
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§11-1C-11c. Valuation of oil and gas drilling rigs.
Notwithstanding any provision of this code to the contrary and to facilitate the equal and uniform taxation of oil and natural gas drilling rigs throughout the state, the State Tax Commissioner shall annually compile a schedule of oil and natural gas drilling rig values based on the values shown in a nationally recognized guide or bulletin published during the calendar year that includes the assessment date, using the appropriate depth rating assigned to the drawworks by its manufacturer and the actual condition of the drilling rig. The State Tax Commissioner shall furnish the schedule to each assessor and it shall be used by him or her as a guide in placing the assessed values on all oil and natural gas drilling rigs in his or her county. This section applies to assessment years beginning on and after July 1, 2011.
ARTICLE 6D. ALTERNATIVE-FUEL MOTOR VEHICLES TAX CREDIT.
§11-6D-1. Legislative findings and purpose.
Consistent with the public policy as stated in section one, article two-d, chapter twenty-four of this code, the Legislature hereby finds that the use of alternative fuels is in the public interest and promotes the general welfare of the people of this state insofar as it addresses serious concerns for our environment and our state's and nation's dependence on foreign oil as a source of energy. The Legislature further finds that this state has an abundant supply of alternative fuels and an extensive supply network and that, by encouraging the use of alternatively-fueled motor vehicles, the state will be reducing its dependence on foreign oil and attempting to improve its air quality. The Legislature further finds that the wholesale cost of fuel for certain alternatively- fueled motor vehicles is significantly lower than the cost of fueling traditional motor vehicles with oil based fuels.
However, because the cost of motor vehicles which utilize alternative-fuel technologies remains high in relation to motor vehicles that employ more traditional technologies, citizens of this state who might otherwise choose an alternatively-fueled motor vehicle are forced by economic necessity to continue using motor vehicles that are fueled by more conventional means. Additionally, the availability of commercial and residential infrastructure to support alternatively fueled vehicles available to the public is inadequate to encourage the use of alternatively fueled motor vehicles. It is the intent of the Legislature that the alternative fuel motor vehicle tax credit previously expired in 2006 be hereby reinstated with changes and amendments as set forth herein. Therefore, in order to encourage the use of alternatively fueled motor vehicles and possibly reduce unnecessary pollution of our environment and reduce our dependence on foreign sources of energy, there is hereby created an alternative-fuel motor vehicles tax credit and an alternative-fuel infrastructure tax credit.
§11-6D-2. Definitions.
As used in this article, the following terms have the meanings ascribed to them in this section:
(a) "Alternative fuel" includes:
(1) Compressed natural gas;
(2) Liquified natural gas;
(3) Liquified petroleum gas;
~~(4) Methanol~~;
~~(5)~~ (4) Ethanol;
~~(6)~~ (5) Fuel mixtures that contain eighty-five percent or more by volume, when combined with gasoline or other fuels, of the following:
(A) Methanol;
(B) Ethanol; or
(C) Other alcohols;
(6) Natural gas hydrocarbons and derivatives;
(7) Hydrogen;
~~(7)~~ (8) Coal-derived liquid fuels; and
~~(8)~~ (9) Electricity, including electricity from solar energy.
(b) "Alternative-fuel motor vehicle" means a motor vehicle that as a new or retrofitted or converted fuel vehicle:
(1) Operates solely on one alternative fuel;
(2) Is capable of operating on one or more alternative fuels, singly or in combination; or
(3) Is capable of operating on an alternative fuel and is also capable of operating on gasoline or diesel fuel.
(c) "Bi-fueled" means the ability of an alternative-fuel motor vehicle to operate on an alternative fuel and another form of fuel.
(d) "Plug-in hybrid electric vehicle" means:
(1) A plug-in hybrid electric vehicle manufactured by an established motor vehicle manufacturer of plug-in hybrid electric vehicles that can operate solely on electric power and that is capable of recharging its battery from an on-board generation source and an off-board electricity source; and
(2) A plug-in hybrid electric vehicle conversion that provides an increase in city fuel economy of seventy-five percent or more as compared to a comparable nonhybrid version vehicle for a minimum of twenty miles and that is capable of recharging its battery from an on-board generation source and an off-board electricity source. A vehicle is comparable if it is the same model year and the same vehicle class as established by the United States Environmental Protection Agency and is comparable in weight, size and use. Fuel economy comparisons shall be made using city fuel economy standards in a manner that is substantially similar to the manner in which city fuel economy is measured in accordance with procedures set forth in 40 C. F. R. 600 as in effect on January 1, 2011.
(e) "Qualified alternative fuel vehicle refueling infrastructure" means property owned by the applicant for the tax credit and used for storing alternative fuels and for dispensing such alternative fuels into fuel tanks of motor vehicles, including, but not limited to, compression equipment, storage tanks and dispensing units for alternative fuel at the point where the fuel is delivered: Provided, That the property is installed and located in this state and is not located on a private residence or private home.
(f) "Qualified alternative fuel vehicle home refueling infrastructure" means property owned by the applicant for the tax credit located on a private residence or private home and used for storing alternative fuels and for dispensing such alternative fuels into fuel tanks of motor vehicles, including, but not limited to, compression equipment, storage tanks and dispensing units for alternative fuel at the point where the fuel is delivered or for providing electricity to plug-in hybrid electric vehicles or electric vehicles: Provided, That the property is installed and located in this state.
(g) "Taxpayer" means any natural person, corporation, limited liability company or partnership subject to the tax imposed under article twenty-one, article twenty-three or article twenty-four of this chapter or any combination thereof.

§11-6D-3. Credit allowed for alternative-fuel motor vehicles and qualified alternative fuel vehicle refueling infrastructure; application against personal income tax, business franchise tax or corporate net income tax; effective date.

The tax ~~credit~~ credits for the purchase of alternative-fuel motor vehicles or conversion to alternative-fuel motor vehicles, qualified alternative fuel vehicle refueling infrastructure and qualified alternative fuel vehicle home refueling infrastructure provided in this article may be applied against the tax liability of a taxpayer imposed by the provisions of either article twenty-one, article twenty-three or article twenty-four of this chapter but in no case may more than one credit be granted for the same alternative-fuel motor vehicle as defined in subdivision (b), section two of this article. This credit shall be available for those tax years beginning on or after ~~June 30, 1997~~ January 1, 2011.
§11-6D-4. Eligibility for credit.
A taxpayer is eligible to claim the credit against tax provided in this article if he or she:
(a) Converts a motor vehicle that is presently registered in West Virginia to operate exclusively on an alternative fuel as defined in subdivision (a), section two of this article; or
~~(1) Exclusively~~ on an alternative fuel as defined in subdivision (a), section two of this article; or
(2) In a dual fuel mode, as defined in paragraph (6), subdivision (a), section two of this article;
(b) Purchases from an original equipment manufacturer or an after-market conversion facility or any other automobile retailer, a new dedicated or ~~dually fueled~~ bi-fueled alternative-fuel motor vehicle for which the taxpayer then obtains a valid West Virginia registration; or
(c) Constructs or purchases and installs qualified alternative fuel vehicle refueling infrastructure or qualified alternative fuel vehicle home refueling infrastructure that is capable of dispensing alternative fuel for alternative-fuel motor vehicles.
~~(c)~~ (d) The credit provided in this article is not available to and may not be claimed by any taxpayer under any obligation pursuant to any federal or state law, policy or regulation to convert to the use of alternative fuels for any motor vehicle.
§11-6D-5. Amount of credit for alternative fuel motor vehicles.
(a) For taxable years beginning on and after January 1, 2011, the amount of the credit allowed under this article for an alternative-fuel motor vehicle that weighs less than twenty-six thousand pounds is thirty-five percent of the purchase price of the alternative-fuel motor vehicle up to a maximum amount of $7,500 or fifty percent of the actual cost of converting from a traditionally fueled motor vehicle to an alternative fuel motor vehicle up to a maximum amount of $7,500.
(b) For taxable years beginning on and after January 1, 2011, the amount of the credit allowed under this article for an alternative-fuel motor vehicle that weighs more than twenty-six thousand pounds is thirty-five percent of the purchase price of the alternative-fuel motor vehicle up to a maximum amount of $25,000 or fifty percent of the actual cost of converting from a traditionally fueled motor vehicle to an alternative fuel motor vehicle up to a maximum amount of $25,000.

§11-6D-6. Amount of credit for qualified alternative fuel vehicle refueling infrastructure and qualified alternative fuel vehicle home refueling infrastructure.

(a) For taxable years beginning on and after January 1, 2011, but prior to January 1, 2014, the amount of the credit allowed under this article for qualified alternative fuel vehicle refueling infrastructure is equal to an amount of fifty percent of the total costs directly associated with the construction or purchase and installation of the alternative fuel vehicle refueling infrastructure up to a maximum of $250,000: Provided, That if the qualified alternative fuel vehicle refueling infrastructure is generally accessible for public use, the amount of the credit allowed will be multiplied by 1.25 and the maximum amount allowable will be $312,500. The amount of credit allowed may not exceed the cost of construction of the alternative fuel vehicle refueling infrastructure.
(b) For taxable years beginning on and after January 1, 2014, but prior to January 1, 2016, the amount of the credit allowed under this article for qualified alternative fuel vehicle refueling infrastructure is equal to an amount of fifty percent of the total costs directly associated with the construction or purchase and installation of the alternative fuel vehicle refueling infrastructure up to a maximum of $200,000: Provided, That if the qualified alternative fuel vehicle refueling infrastructure is generally accessible for public use, the amount of the credit allowed will be multiplied by 1.25 and the maximum amount allowable will be $250,000. The amount of credit allowed may not exceed the cost of construction of the alternative fuel vehicle refueling infrastructure.
(c) For taxable years beginning on and after January 1, 2016, but prior to January 1, 2022, the amount of the credit allowed under this article for qualified alternative fuel vehicle refueling infrastructure is equal to an amount of fifty percent of the total costs directly associated with the construction or purchase and installation of the alternative fuel vehicle refueling infrastructure up to a maximum of $150,000: Provided, That if the qualified alternative fuel vehicle refueling infrastructure is generally accessible for public use, the amount of the credit allowed will be multiplied by 1.25 and the maximum amount allowable will be $187,500. The amount of credit allowed may not exceed the cost of construction of the alternative fuel vehicle refueling infrastructure.
(d) For taxable years beginning on and after January 1, 2011, the amount of the credit allowed under this article for qualified alternative fuel vehicle home refueling infrastructure is equal to an amount of fifty percent of the total costs directly associated with the construction or purchase and installation of the alternative fuel vehicle home refueling infrastructure up to a maximum of $10,000.
(e) The cost of construction of the alternative fuel vehicle refueling infrastructure or alternative fuel vehicle home refueling infrastructure eligible for a tax credit under this section does not include costs associated with exploration, development or production activities necessary for severing natural resources from the soil or ground.
(f) When the taxpayer is a pass-through entity treated like a partnership for federal and state income tax purposes, the credit allowed under this article for the year shall flow through to the equity owners of the pass-through entity in the same manner that distributive share flows through to the equity owners and in accordance with any legislative rule the Tax Commissioner may propose for legislative approval in accordance with article three, chapter twenty-nine-a of this code to administer this section.
(g) No credit allowed by this article may be applied against employer withholding taxes imposed by article twenty-one of this chapter.
§11-6D-7. Duration of availability of credit.
No person is eligible to receive a tax credit under this article for: (1) An alternative-fuel motor vehicle purchased after December 31, 2021; (2) a vehicle converted to an alternative-fuel motor vehicle after December 31, 2021; or (3) the construction or purchase and installation of qualified alternative fuel vehicle refueling infrastructure or qualified alternative fuel vehicle home refueling infrastructure occurring after December 31, 2021.

§11-6D-8. Commissioner to design forms and schedules; promulgation of rules.

(a) The Tax Commissioner shall design and provide to the public simplified forms and schedules to implement and effectuate the provisions of this article.
(b) The Tax Commissioner ~~is authorized to~~ ~~promulgate~~ shall promulgate new rules for the administration of this article consistent with its provisions and in accordance with article three, chapter twenty-nine-a of this code as the commissioner deems necessary after the effective date of the amendments to this article. Such rules shall include rules relating to the necessary documentation required to be filed in order to take the tax credits allowed in this article.
(c) Within one year ~~following~~ prior to the expiration of the credit established in this article, the State Tax Commissioner shall provide a written report to the Legislature setting forth the utilization of the credit, the benefit of the credit and the overall cost of the credit.
§11-6D-9. Carryover credit allowed; recapture of credit.
(a) If the tax credit allowed under this article in any taxable year exceeds the taxpayer's tax liability as determined in accordance with article twenty-one, article twenty-three or article twenty-four of this chapter for that taxable year, the excess may be applied for succeeding taxable years until the full amount of the excess tax credit is used.
(b) No carry back to a prior taxable year is allowed for the amount of any unused credit in any taxable year.
(c) A tax credit is subject to recapture, elimination or reduction if it is determined by the State Tax Commissioner that a taxpayer was not entitled to the credit, in whole or in part, in the tax year in which it was claimed by the taxpayer. The amount of credit that flows through to equity owners of a passthrough entity may be recaptured or recovered from either the taxpayer or the equity owners in the discretion of the Tax Commissioner.

ARTICLE 6F. SPECIAL METHOD FOR APPRAISING QUALIFIED CAPITAL ADDITIONS TO MANUFACTURING FACILITIES.

§11-6F-2. Definitions.
As used in this article, the term:
(a) "Certified capital addition property" means all real property and personal property included within or to be included within a qualified capital addition to a manufacturing facility that has been certified by the State Tax Commissioner in accordance with section four of this article: Provided, That airplanes and motor vehicles licensed by the Division of Motor Vehicles shall in no event constitute certified capital addition property.
(b) "Manufacturing" means any business activity classified as having a sector identifier, consisting of the first two digits of the six-digit North American Industry Classification System code number of thirty-one, thirty-two or thirty-three or the six-digit code number 211112.
~~(b)~~ (c) "Manufacturing facility" means any factory, mill, chemical plant, refinery, warehouse, building or complex of buildings, including land on which it is located, and all machinery, equipment, improvements and other real property and personal property located at or within the facility used in connection with the operation of the facility in a manufacturing business.
~~(c)~~ (d) "Personal property" means all property specified in subdivision (q), section ten, article two, chapter two of this code and includes, but is not limited to, furniture, fixtures, machinery and equipment, pollution control equipment, computers and related data processing equipment, spare parts and supplies.
~~(d)~~ (e) "Qualified capital addition to a manufacturing facility" means all real property and personal property, the combined original cost of all of the property which exceeds $50 million to be constructed, located or installed at or within two miles of a manufacturing facility owned or operated by the person making the capital addition that has a total original cost before the capital addition of at least $100 million. ~~Provided,~~ ~~That~~ If the capital addition is made in a steel, chemical or polymer alliance zone as designated from time-to-time by executive order of the Governor, then the person making the capital addition may for purposes of satisfying the requirements of this subsection join in a multiparty project with a person owning or operating a manufacturing facility that has a total original cost before the capital addition of at least $100 million if the capital addition creates additional production capacity of existing or related products or feedstock or derivative products respecting the manufacturing facility, consists of a facility used to store, handle, process or produce raw materials for the manufacturing facility, consists of a facility used to store, handle or process natural gas to produce fuel for the generation of steam or electricity for the manufacturing facility or consists of a facility that generates steam or electricity for the manufacturing facility, including, but not limited to, a facility that converts coal to a gas or liquid for the manufacturing facility's use in heating, manufacturing or generation of electricity. Beginning on and after July 1, 2011, when the new capital addition is a facility that is or will be classified under the North American Industry Classification System with a six-digit code number 211112, or is a manufacturing facility that uses product produced at a facility with code number 211112, then wherever the term "100 million" is used in this subsection, the term "20 million" shall be substituted and where the term "50 million" is used, the term "10 million" shall be substituted.
~~(e)~~ (f) "Real property" means all property specified in subdivision (p), section ten, article two, chapter two of this code and includes, but is not limited to, lands, buildings and improvements on the land such as sewers, fences, roads, paving and leasehold improvements.
§11-6F-3. Tax treatment of certified capital addition property.
Notwithstanding any other provisions of law, the value of certified capital addition property, for purposes of ad valorem property taxation under this chapter, ~~shall be~~ is its salvage value, which for purposes of this article is five percent of the certified capital addition property's original cost. For capital additions certified on or after July 1, 2011, the value of the land before any improvements shall be subtracted from the value of the capital addition and the unimproved land value shall not be given salvage value treatment.
ARTICLE 13Q. ECONOMIC OPPORTUNITY TAX CREDIT.
§11-13Q-20. Tax credit review and accountability.
(a) Beginning on February 1, 2006, and every third year thereafter, the commissioner shall submit to the Governor, the President of the Senate and the Speaker of the House of Delegates a tax credit review and accountability report evaluating the cost effectiveness of the economic opportunity credit during the most recent three-year period for which information is available. The criteria to be evaluated shall include, but not be limited to, for each year of the three-year period:
(1) The numbers of taxpayers claiming the credit;
(2) The net number of new jobs created by all taxpayers claiming the credit;
(3) The cost of the credit;
(4) The cost of the credit per new job created; and
(5) Comparison of employment trends for an industry and for taxpayers within the industry that claim the credit.
(b) Taxpayers claiming the credit shall provide any information the Tax Commissioner may require to prepare the report: Provided, That the information provided is subject to the confidentiality and disclosure provisions of sections five-d and five-s, article ten of this chapter.
(c) On or before February 1, 2013, the Department of Commerce, in consultation with the Tax Commissioner, the Department of Transportation and the Department of Environmental Protection shall submit to the Governor, the President of the Senate and the Speaker of the House of Delegates a report of the impact of all the tax credits and other economic incentives provided in the act of the Legislature which amended and reenacted this section during 2011 upon economic development in this state, including, but not limited to, the creation of jobs in this state, upon the state's infrastructure, including, but not limited to, the need for construction or maintenance of the roads and highways of the state, upon the natural resources of the state, and upon public and private property interests in the state.
ARTICLE 13R. STRATEGIC RESEARCH AND DEVELOPMENT TAX CREDIT.
§11-13R-3. Definitions.
(a) General. -- When used in this article or in the administration of this article, terms defined in subsection (b) of this section have the meanings ascribed to them by this section unless a different meaning is clearly required by either the context in which the term is used or by specific definition in this article.
(b) Terms defined. --
(1) "Base amount" means:
(A) The average annual combined qualified research and development expenditure for the three taxable years immediately preceding the taxable year for which a credit is claimed under this article;
(B) For a taxpayer that has filed a tax return under article twenty-three of this chapter for fewer than three but at least one prior taxable year, determined on the basis of all filings by the taxpayer's controlled group, the base amount is the average annual combined qualified research and development expenditure for the number of immediately preceding taxable years, other than short taxable years, during which the taxpayer has filed a tax return under article twenty-three of this chapter; or
(C) For a taxpayer that has not filed a tax return under article twenty-three of this chapter for at least one taxable year, determined on the basis of all filings by the taxpayer's controlled group, the base amount is zero.
(2) "Commissioner" and "Tax Commissioner" are used interchangeably herein and mean the Tax Commissioner of the State of West Virginia or his or her delegate.
(3) "Controlled group" means a controlled group as defined by Section 1563 of the Internal Revenue Code of 1986, as amended.
(4) "Corporation" means any corporation, limited liability company, joint-stock company or association and any business conducted by a trustee or trustees wherein interest or ownership is evidenced by a certificate of interest or ownership or similar written instrument.
(5) "Delegate" in the phrase "or his or her delegate", when used in reference to the Tax Commissioner, means any officer or employee of the State Tax Division of the Department of Tax and Revenue duly authorized by the Tax Commissioner directly, or indirectly by one or more redelegations of authority, to perform the functions mentioned or described in this article.
(6) "Eligible taxpayer" means any person that is subject to the tax imposed by article twenty-three or article twenty-four of this chapter that is engaged in qualified research and development that has paid or incurred investment in qualified research and development credit property or that has paid or incurred qualified research and development expenses as defined in section four of this article. In the case of a sole proprietorship subject to neither the tax imposed by article twenty-three nor the tax imposed by article twenty-four, the term "eligible taxpayer" means any sole proprietor who is subject to the tax imposed by article twenty-one of this chapter and who is engaged in qualified research and development that has paid or incurred investment in qualified research and development credit property or that has paid or incurred qualified research and development expenses as defined in section four of this article.
(7) "Partnership" includes a syndicate, group, pool, joint venture or other unincorporated organization through or by means of which any business, financial operation or venture is carried on, and which is not a trust or estate, a corporation or a sole proprietorship. The term "partner" includes a member in such a syndicate, group, pool, joint venture or other organization.
(8) "Person" includes any natural person, corporation, limited liability company or partnership.
(9) "Qualified research and development credit property" means depreciable property purchased for the conduct of qualified research and development.
(10) "Research and development" means systematic scientific, engineering or technological study and investigation in a field of knowledge in the physical, computer or software sciences often involving the formulation of hypotheses and experimentation for the purpose of revealing new facts, theories or principles or increasing scientific knowledge which may reveal the basis for new or enhanced products, equipment or manufacturing processes.
(A) Research and development includes, but is not limited to, design, refinement and testing of prototypes of new or improved products or equipment or the design, refinement and testing of manufacturing processes before commercial sales relating thereto have begun. For purposes of this section, commercial sales includes, but is not limited to, sales of prototypes or sales for market testing.
(B) Research and development does not include:
(i) Market research;
(ii) Sales research;
(iii) Efficiency surveys;
(iv) Consumer surveys;
(v) Product market testing;
(vi) Product testing by product consumers or through consumer surveys for evaluation of consumer product performance or consumer product usability;
(vii) The ordinary testing or inspection of materials or products for quality control; ~~(quality control testing);~~
(viii) Management studies;
(ix) Advertising;
(x) Promotions;
(xi) The acquisition of another's patent, model, production or process or investigation or evaluation of the value or investment potential related thereto;
(xii) Research in connection with literary, historical or similar activities;
(xiii) Research in the social sciences, economics, humanities or psychology and other nontechnical activities; and
(xiv) The providing of sales services or any other service, whether technical service or nontechnical service.
(11) "Related person" means:
(A) A corporation, limited liability company, partnership, association or trust controlled by the taxpayer;
(B) An individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer;
(C) A corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, partnership, association or trust that is in control of the taxpayer; or
(D) A member of the same controlled group as the taxpayer.
For purposes of this article, "control", with respect to a corporation, means ownership, directly or indirectly, of stock possessing fifty percent or more of the total combined voting power of all classes of the stock of the corporation entitled to vote. "Control", with respect to a trust, means ownership, directly or indirectly, of fifty percent or more of the beneficial interest in the principal or income of the trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership or association or of a beneficial interest in a trust is determined in accordance with the rules for constructive ownership of stock provided in section 267(c) of the United States Internal Revenue Code of 1986, as amended, other than paragraph (3) of that section.
(12) "Taxpayer" means any person subject to the tax imposed by article twenty-three or twenty-four of this chapter or both. In the case of a sole proprietorship subject to neither the tax imposed by article twenty-three nor the tax imposed by article twenty-four, the term "taxpayer" means any sole proprietor who is subject to the tax imposed by article twenty-one of this chapter.
(13) "This code" means the Code of West Virginia, 1931, as amended.
(14) "This state" means the State of West Virginia.
ARTICLE 13S. MANUFACTURING INVESTMENT TAX CREDIT.
§11-13S-3. Definitions.
(a) Any term used in this article has the meaning ascribed by this section unless a different meaning is clearly required by the context of its use or by definition in this article.
(b) For purpose of this article, the term:
(1) "Eligible taxpayer" means an industrial taxpayer who purchases new property for the purpose of industrial expansion or for the purpose of industrial revitalization of an existing industrial facility in this state.
(2) "Industrial expansion" means capital investment in a new or expanded industrial facility in this state.
(3) "Industrial facility" means any factory, mill, plant, refinery, warehouse, building or complex of buildings located within this state, including the land on which it is located, and all machinery, equipment and other real and tangible personal property located at or within the facility primarily used in connection with the operation of the manufacturing business.
(4) "Industrial revitalization" or "revitalization" means capital investment in an industrial facility located in this state to replace or modernize buildings, equipment, machinery and other tangible personal property used in connection with the operation of the facility in an industrial business of the taxpayer including the acquisition of any real property necessary to the industrial revitalization.
(5) "Industrial taxpayer" means any taxpayer who is primarily engaged in a manufacturing business.
(6) "Manufacturing" means any business activity classified as having a sector identifier, consisting of the first two digits of the six-digit North American Industry Classification System code number, of thirty-one, thirty-two or thirty-three or the six-digit code number 211112.
(7) "Property purchased for manufacturing investment" means real property, and improvements thereto, and tangible personal property but only if the property was constructed or purchased on or after ~~the first day of January, two thousand three,~~ January 1, 2003, for use as a component part of a new, expanded or revitalized industrial facility. This term includes only that tangible personal property with respect to which depreciation, or amortization in lieu of depreciation, is allowable in determining the federal income tax liability of the industrial taxpayer, that has a useful life, at the time the property is placed in service or use in this state, of four years or more. Property acquired by written lease for a primary term of ten years or longer, if used as a component part of a new or expanded industrial facility, is included within this definition.
(A) "Property purchased for manufacturing investment" does not include:
(i) Repair costs, including materials used in the repair, unless for federal income tax purposes, the cost of the repair must be capitalized and not expensed;
(ii) Motor vehicles licensed by the Department of Motor Vehicles;
(iii) Airplanes;
(iv) Off-premises transportation equipment;
(v) Property which is primarily used outside this state; and
(vi) Property which is acquired incident to the purchase of the stock or assets of an industrial taxpayer which property was or had been used by the seller in his or her industrial business in this state or in which investment was previously the basis of a credit against tax taken under any other article of this chapter.
(B) Purchases or acquisitions of land or depreciable property qualify as purchases of property purchased for manufacturing investment for purposes of this article only if:
(i) The property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of deductions under section 267 or 707(b) of the United States Internal Revenue Code of 1986, as amended;
(ii) The property is not acquired from a related person or by one component member of a controlled group from another component member of the same controlled group. The Tax Commissioner may waive this requirement if the property was acquired from a related party for its then fair market value; and
(iii) The basis of the property for federal income tax purposes, in the hands of the person acquiring it, is not determined, in whole or in part, by reference to the federal adjusted basis of the property in the hands of the person from whom it was acquired or under Section 1014(e) of the United States Internal Revenue Code of 1986, as amended.
(8) "Qualified manufacturing investment" means that amount determined under section five of this article as qualified manufacturing investment.
(9) "Taxpayer" means any person subject to any of the taxes imposed by article thirteen-a, twenty-three or twenty-four of this chapter or any combination of those articles of this chapter.
11-13S-4. Amount of credit allowed for manufacturing investment.
(a) Credit allowed. -- There is allowed to eligible taxpayers and to persons described in subdivision (5), subsection (b) of this section a credit against the taxes imposed by articles thirteen-a, twenty-three and twenty-four of this chapter: Provided, That a tax credit for any eligible taxpayer operating a business activity classified as having a sector identifier, consisting of the six- digit code number 211112 such eligible taxpayer must comply with the provisions of subsection (e) of this section for all construction related thereto in order to be eligible for any credit under this article. The amount of credit shall be determined as hereinafter provided in this section.
(b) Amount of credit allowable. -- The amount of allowable credit under this article is equal to five percent of the qualified manufacturing investment (as determined in section five of this article) and shall reduce the severance tax, imposed under article thirteen-a of this chapter, the business franchise tax imposed under article twenty-three of this chapter and the corporation net income tax imposed under article twenty-four of this chapter, in that order, subject to the following conditions and limitations:
(1) The amount of credit allowable is applied over a ten-year period, at the rate of one-tenth thereof per taxable year, beginning with the taxable year in which the property purchased for manufacturing investment is first placed in service or use in this state;
(2) Severance tax. -- The credit is applied to reduce the severance tax imposed under article thirteen-a of this chapter (determined before application of the credit allowed by section three, article twelve-b of this chapter and before any other allowable credits against tax and before application of the annual exemption allowed by section ten, article thirteen-a of this chapter). The amount of annual credit allowed may not reduce the severance tax, imposed under article thirteen-a of this chapter, below fifty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax: Provided, That for tax years beginning on and after January 1, 2009, the amount of annual credit allowed may not reduce the severance tax, imposed under article thirteen-a of this chapter, below forty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax. When in any taxable year the taxpayer is entitled to claim credit under this article and article thirteen-d of this chapter, the total amount of all credits allowable for the taxable year may not reduce the amount of the severance tax, imposed under article thirteen-a of this chapter, below fifty percent of the amount which would be imposed for such taxable year (determined before application of the credit allowed by section three, article twelve-b of this chapter and before any other allowable credits against tax and before application of the annual exemption allowed by section ten, article thirteen-a of this chapter): Provided, however, That when in any taxable year beginning on and after January 1, 2009, the taxpayer is entitled to claim credit under this article and article thirteen-d of this chapter, the total amount of all credits allowable for the taxable year may not reduce the amount of the severance tax imposed under article thirteen-a of this chapter, below forty percent of the amount which would be imposed for such taxable year as determined before application of the credit allowed by section three, article twelve-b of this chapter and before any other allowable credits against tax and before application of the annual exemption allowed by section ten, article thirteen-a of this chapter;
(3) Business franchise tax. --
After application of subdivision (2) of this subsection, any unused credit is next applied to reduce the business franchise tax imposed under article twenty-three of this chapter (determined after application of the credits against tax provided in section seventeen, article twenty-three of this chapter, but before application of any other allowable credits against tax). The amount of annual credit allowed will not reduce the business franchise tax, imposed under article twenty-three of this chapter, below fifty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax: Provided, That for tax years beginning on and after January 1, 2009, the amount of annual credit allowed will not reduce the business franchise tax, imposed under article twenty-three of this chapter, below forty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax. When in any taxable year the taxpayer is entitled to claim credit under this article and article thirteen-d of this chapter, the total amount of all credits allowable for the taxable year will not reduce the amount of the business franchise tax, imposed under article twenty-three of this chapter, below fifty percent of the amount which would be imposed for the taxable year (determined after application of the credits against tax provided in section seventeen, article twenty-three of this chapter, but before application of any other allowable credits against tax): Provided, however, That when in any taxable year beginning on and after January 1, 2009, the taxpayer is entitled to claim credit under this article and article thirteen-d of this chapter, the total amount of all credits allowable for the taxable year will not reduce the amount of the business franchise tax, imposed under article twenty-three of this chapter, below forty percent of the amount which would be imposed for the taxable year as determined after application of the credits against tax provided in section seventeen, article twenty-three of this chapter, but before application of any other allowable credits against tax;
(4) Corporation net income tax. --
After application of subdivision (3) of this subsection, any unused credit is next applied to reduce the corporation net income tax imposed under article twenty-four of this chapter (determined before application of any other allowable credits against tax). The amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty-four of this chapter, below fifty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax: Provided, That for tax years beginning on and after January 1, 2009, the amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty-four of this chapter, below forty percent of the amount which would be imposed for such taxable year in the absence of this credit against tax. When in any taxable year the taxpayer is entitled to claim credit under this article and article thirteen-d of this chapter, the total amount of all credits allowable for the taxable year may not reduce the amount of the corporation net income tax, imposed under article twenty-four of this chapter, below fifty percent of the amount which would be imposed for the taxable year (determined before application of any other allowable credits against tax): Provided, however, That when in any taxable year beginning on and after January 1, 2009, the taxpayer is entitled to claim credit under this article and article thirteen-d of this chapter, the total amount of all credits allowable for the taxable year may not reduce the amount of the corporation net income tax, imposed under article twenty-four of this chapter, below forty percent of the amount which would be imposed for the taxable year as determined before application of any other allowable credits against tax;
(5) Pass-through entities. --
(A) If the eligible taxpayer is a limited liability company, small business corporation or a partnership, then any unused credit (after application of subdivisions (2), (3) and (4) of this subsection) is allowed as a credit against the taxes imposed by article twenty-four of this chapter on owners of the eligible taxpayer on the conduit income directly derived from the eligible taxpayer by its owners. Only those portions of the tax imposed by article twenty-four of this chapter that are imposed on income directly derived by the owner from the eligible taxpayer are subject to offset by this credit.
(B) The amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty-four of this chapter, below fifty percent of the amount which would be imposed on the conduit income directly derived from the eligible taxpayer by each owner for such taxable year in the absence of this credit against the taxes (determined before application of any other allowable credits against tax): Provided, That for tax years beginning on and after January 1, 2009, the amount of annual credit allowed will not reduce corporation net income tax, imposed under article twenty-four of this chapter, below forty percent of the amount which would be imposed on the conduit income directly derived from the eligible taxpayer by each owner for such taxable year in the absence of this credit against the taxes as determined before application of any other allowable credits against tax.
(C) When in any taxable year the taxpayer is entitled to claim credit under this article and article thirteen-d of this chapter, the total amount of all credits allowable for the taxable year will not reduce the corporation net income tax imposed on the conduit income directly derived from the eligible taxpayer by each owner below fifty percent of the amount that would be imposed for such taxable year on the conduit income (determined before application of any other allowable credits against tax): Provided, That when in any taxable year beginning on and after January 1, 2009, the taxpayer is entitled to claim credit under this article and article thirteen-d of this chapter, the total amount of all credits allowable for the taxable year will not reduce the corporation net income tax imposed on the conduit income directly derived from the eligible taxpayer by each owner below forty percent of the amount that would be imposed for such taxable year on the conduit income as determined before application of any other allowable credits against tax;
(6) Small business corporations, limited liability companies, partnerships and other unincorporated organizations shall allocate any unused credit after application of subdivisions (2), (3) and (4) of this subsection among their members in the same manner as profits and losses are allocated for the taxable year; and
(7) No credit is allowed under this article against any tax imposed by article twenty-one of this chapter.
(c) No carryover to a subsequent taxable year or carryback to a prior taxable year is allowed for the amount of any unused portion of any annual credit allowance. Any unused credit is forfeited.
(d) Application for credit required. --
(1) Application required. -- Notwithstanding any provision of this article to the contrary, no credit is allowed or may be applied under this article for any qualified investment property placed in service or use until the person claiming the credit makes written application to the Tax Commissioner for allowance of credit as provided in this section. This application shall be in the form prescribed by the Tax Commissioner and shall provide the number and type of jobs created, if any, by the manufacturing investment, the average wage rates and benefits paid to employees filling the new jobs and any other information the Tax Commissioner may require. This application shall be filed with the Tax Commissioner no later than the last day for filing the annual return, determined by including any authorized extension of time for filing the return, required under article twenty-one or twenty-four of this chapter for the taxable year in which the property to which the credit relates is placed in service or use.
(2) Failure to file. -- The failure to timely apply the application for credit under this section results in forfeiture of fifty percent of the annual credit allowance otherwise allowable under this article. This penalty applies annually until the application is filed.
(e) (1) Any person or entity undertaking any construction related to any business activity included within North American Industrial Code six-digit code number 211112, the value of which is an amount equal to or greater than $500,000, shall hire at least seventy-five percent of employees for said construction from the local labor market, to be rounded off, with at least two employees from outside the local labor market permissible for each employer per project, "the local labor market" being defined as every county in West Virginia and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia.
(2) Any person or entity unable to employ the minimum number of employees from the local labor market shall inform the nearest office of the bureau of employment programs' division of employment services of the number of qualified employees needed and provide a job description of the positions to be filled.
(3) If, within three business days following the placing of a job order, the division is unable to refer any qualified job applicants to the person or entity engaged in said construction or refers less qualified job applicants than the number requested, then the division shall issue a waiver to the person or entity engaged in said construction stating the unavailability of applicants and shall permit the person or entity engaged in said construction to fill any positions covered by the waiver from outside the local labor market. The waiver shall be either oral or in writing and shall be issued within the prescribed three days. A waiver certificate shall be sent to the person or entity engaged in said construction for its permanent project records.
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-8d. Limitations on right to assert exemptions.
(a) Persons who perform "contracting" as defined in section two of this article or persons acting in an agency capacity may not assert any exemption to which the purchaser of such contracting services or the principal is entitled. Any statutory exemption to which a taxpayer may be entitled ~~shall be~~ is invalid unless the tangible personal property or taxable service is actually purchased by such taxpayer and is directly invoiced to and paid by such taxpayer. This section ~~shall~~ does not apply to purchases by an employee for his or her employer, purchases by a partner for his or her partnership or purchases by a duly authorized officer of a corporation, or unincorporated organization, for his or her corporation or unincorporated organization so long as the purchase is invoiced to and paid by the employer, partnership, corporation or unincorporated organization.
(b) Transition rule. -- This section ~~shall~~ does not apply to purchases of tangible personal property or taxable services in fulfillment of a purchasing agent or procurement agent contract executed and legally binding on the parties thereto prior to September 15, 1999. ~~Provided, That this~~ This transition rule ~~shall~~ does not apply to any purchases of tangible personal property or taxable services made under such a contract after August 31, 1991 and this transition rule ~~shall~~ does not apply if the primary purpose of the purchasing agent or procurement agent contract was to avoid payment of consumers sales and use taxes. ~~However, effective~~ Effective July 1, 2007, this section ~~shall~~ does not apply to purchases of services, machinery, supplies or materials, except gasoline and special fuel, to be directly used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure by a person performing "contracting", as defined in section two of this article, if the purchaser of the "contracting" services would be entitled to claim the refundable exemption under subdivision (2), subsection (b), section nine of this article had it purchased the services, machinery, supplies or materials. Effective July 1, 2009, this section ~~shall~~ does not apply to purchases of services, computers, servers, building materials and tangible personal property, except purchases of gasoline and special fuel, to be installed into a building or facility or directly used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure by a person performing "contracting", as defined in section two of this article, if the purchaser of the "contracting" services would be entitled to claim the exemption under subdivision (7), subsection (a), section nine-h of this article. This section shall not apply to qualified purchases of computers and computer software, primary material handling equipment, racking and racking systems, and their components, or to qualified purchases of building materials and certain tangible personal property, as those terms are defined in section nine-n of this article, by a person performing "contracting", as defined in section two of this article, if the purchaser of the "contracting" services would be entitled to claim the refundable exemption under section nine-n of this article. Purchases of gasoline and special fuel shall not be treated as exempt pursuant to this section.
(c) Effective July 1, 2011, notwithstanding any other provision of this code to the contrary, this section shall apply as to purchases of services, machinery, supplies or materials, except gasoline and special fuel, to be directly used or consumed in the construction, alteration, repair or improvement of a new or existing natural gas compressor station or gas transmission line having a diameter of twenty inches or more by a person performing "contracting", as defined in section two of this article, even though the purchaser of the "contracting" services would be entitled to claim the refundable exemption under subdivision (2), subsection (b), section nine of this article had it purchased the services, machinery, supplies or materials, unless the person or entity performing "contracting" under this subsection, as the term "contracting" is defined in section two of this article, complies with subsection (e), section four, article thirteen-s of this chapter.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 2F. ALTERNATIVE AND RENEWABLE ENERGY PORTFOLIO STANDARD.
§24-2F-3. Definitions.
Unless the context clearly requires a different meaning, as used in this article:
(1) "Advanced coal technology" means a technology that is used in a new or existing energy generating facility to reduce airborne carbon emissions associated with the combustion or use of coal and includes, but is not limited to, carbon dioxide capture and sequestration technology, supercritical technology, advanced supercritical technology as that technology is determined by the Public Service Commission, ultrasupercritical technology and pressurized fluidized bed technology and any other resource, method, project or technology certified by the commission as advanced coal technology.
(2) "Alternative and renewable energy portfolio standard" or "portfolio standard" means a requirement in any given year that requires an electric utility to own credits in an amount equal to a certain percentage of electric energy sold in the preceding calendar year by the electric utility to retail customers in this state.
(3) "Alternative energy resources" means any of the following resources, methods or technologies for the production or generation of electricity:
(A) Advanced coal technology;
(B) Coal bed methane;
(C) Natural gas, including any component of raw natural gas;
(D) Fuel produced by a coal gasification or liquefaction facility;
(E) Synthetic gas;
(F) Integrated gasification combined cycle technologies;
(G) Waste coal;
(H) Tire derived fuel;
(I) Pumped storage hydroelectric projects; and
(J) Any other resource, method, project or technology certified as an alternative energy resource by the Public Service Commission.
(4) "Alternative and renewable energy resource credit" or "credit" means a tradable instrument that is used to establish, verify and monitor the generation of electricity from alternative and renewable energy resource facilities, energy efficiency or demand-side energy initiative projects or greenhouse gas emission reduction or offset projects.
(5) "Alternative energy resource facility" means a facility or equipment that generates electricity from alternative energy resources.
(6) "Commission" or "Public Service Commission" means the Public Service Commission of West Virginia as continued pursuant to section three, article one of this chapter.
(7) "Customer-generator" means an electric retail customer who owns and operates a customer-sited generation project utilizing an alternative or renewable energy resource or a net metering system in this state.
(8) "Electric utility" means any electric distribution company or electric generation supplier that sells electricity to retail customers in this state. Unless specifically provided for otherwise, for the purposes of this article, the term "electric utility" may not include rural electric cooperatives, municipally-owned electric facilities or utilities serving less than thirty thousand residential electric customers in West Virginia.
(9) "Energy efficiency or demand-side energy initiative project" means a project in this state that promotes customer energy efficiency or the management of customer consumption of electricity through the implementation of:
(A) Energy efficiency technologies, equipment, management practices or other strategies utilized by residential, commercial, industrial, institutional or government customers that reduce electricity consumption by those customers;
(B) Load management or demand response technologies, equipment, management practices, interruptible or curtailable tariffs, energy storage devices or other strategies in residential, commercial, industrial, institutional and government customers that shift electric load from periods of higher demand to periods of lower demand;
(C) Industrial by-product technologies consisting of the use of a by-product from an industrial process, including, but not limited to, the reuse of energy from exhaust gases or other manufacturing by-products that can be used in the direct production of electricity at the customer's facility;
(D) Customer-sited generation, demand-response, energy efficiency or peak demand reduction capabilities, whether new or existing, that the customer commits for integration into the electric utility's demand-response, energy efficiency or peak demand reduction programs; or
(E) Infrastructure and modernization projects that help promote energy efficiency, reduce energy losses or shift load from periods of higher demand to periods of lower demand, including the modernization of metering and communications, (also known as "smart grid"), distribution automation, energy storage, distributed energy resources and investments to promote the electrification of transportation.
(10) "Greenhouse gas emission reduction or offset project" means a project to reduce or offset greenhouse gas emissions from sources in this state other than the electric utility's own generating and energy delivery operations. Greenhouse gas emission reduction or offset projects include, but are not limited to:
(A) Methane capture and destruction from landfills, coal mines or farms;
(B) Forestation, afforestation or reforestation; and
(C) Nitrous oxide or carbon dioxide sequestration through reduced fertilizer use or no-till farming.
(11) "Net metering" means measuring the difference between electricity supplied by an electric utility and electricity generated from an alternative or renewable energy resource facility owned or operated by an electric retail customer when any portion of the electricity generated from the alternative or renewable energy resource facility is used to offset part or all of the electric retail customer's requirements for electricity.
(12) "Reclaimed surface mine" means a surface mine, as that term is defined in section three, article three, chapter twenty-two of this code, that is reclaimed or is being reclaimed in accordance with state or federal law.
(13) "Renewable energy resource" means any of the following resources, methods, projects or technologies for the production or generation of electricity:
(A) Solar photovoltaic or other solar electric energy;
(B) Solar thermal energy;
(C) Wind power;
(D) Run of river hydropower;
(E) Geothermal energy, which means a technology by which electricity is produced by extracting hot water or steam from geothermal reserves in the earth's crust to power steam turbines that drive generators to produce electricity;
(F) Biomass energy, which means a technology by which electricity is produced from a nonhazardous organic material that is available on a renewable or recurring basis, including pulp mill sludge;
(G) Biologically derived fuel including methane gas, ethanol or biodiesel fuel;
(H) Fuel cell technology, which means any electrochemical device that converts chemical energy in a hydrogen-rich fuel directly into electricity, heat and water without combustion;
(I) Recycled energy, which means useful thermal, mechanical or electrical energy produced from: (i) Exhaust heat from any commercial or industrial process; (ii) waste gas, waste fuel or other forms of energy that would otherwise be flared, incinerated, disposed of or vented; and (iii) electricity or equivalent mechanical energy extracted from a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; and
(J) Any other resource, method, project or technology certified by the commission as a renewable energy resource.
(14) "Renewable energy resource facility" means a facility or equipment that generates electricity from renewable energy resources.
(15) "Waste coal" means a technology by which electricity is produced by the combustion of the by-product, waste or residue created from processing coal, such as gob.;
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. 465--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1 and §5B-2H-2; to amend said code by adding thereto a new section, designated §11-1C-11c; to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code; to amend said code by adding thereto a new section, designated §11-6D-9; to amend and reenact §11-6F-2 and §11-6F-3 of said code; to amend and reenact §11-13Q-20 of said code; to amend and reenact §11-13R-3 of said code; to amend and reenact §11-13S-3 and §11-13S-4 of said code; to amend and reenact §11-15-8d of said code; and to amend and reenact §24-2F-3 of said code, all relating generally to the Marcellus Gas and Manufacturing Development Act of 2011; providing short title; making legislative findings and declarations; providing guideline for valuation of drilling rigs for property tax purposes; authorizing the Tax Commissioner to promulgate rules; amending and reinstating alternative fuel motor vehicle tax credit; providing credit for alternative fuel refueling facilities; making legislative findings; stating legislative purpose; defining terms; allowing credit for purchase of alternative fuel motor vehicles, conversion of vehicles to alternative fuel motor vehicles and for commercial and residential alternative fuel refueling facilities; providing for expiration of credits; requiring Tax Commissioner to promulgate rules and design forms; providing for carryover of unused credits and for recapture of credits; amending definition of "manufacturing" for purposes of special method for appraising qualified capital additions to manufacturing facilities for property tax purposes; providing new rules for treatment of certified capital addition property; adding additional requirements for reports to Governor and Legislature; amending definition of "research and development" for purposes of strategic research and development tax credit; amending definition of "manufacturing" for purposes of manufacturing investment tax credit; requiring certain business activities comply with certain hiring requirements in order to be eligible for the manufacturing investment tax credit and sales tax exemption; providing additional exception to limitation on right to assert sales and use tax exemptions; and clarifying meaning of "natural gas" for purposes of Alternative and Renewable Energy Portfolio Standard Act.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 465, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 465) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 465) takes effect July 1, 2011.
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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3273-- A Bill expiring funds to the unappropriated balance in the State Fund, State Excess Lottery Revenue Fund, for the fiscal year ending June 30, 2011 in the amount of $10,000,000 from the Lottery Commission - Revenue Center Construction Fund, fund 7209, organization 0705, and making supplementary appropriation to the Division of Health - Central Office, fund 5219, fiscal year 2011, Organization 0506, by supplementing and amending the appropriation for the fiscal year ending June 30, 2011, by supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill.
Referred to the Committee on Finance.
The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Unger, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 465, Creating Marcellus Gas and Manufacturing Development Act.
Passed by the Senate in earlier proceedings tonight,
The bill now being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered the vote by which it adopted Senator Unger's motion that the bill take effect July 1, 2011.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's motion that the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 465) take effect July 1, 2011.
Thereafter, at the request of Senator Unger, and by unanimous consent, his foregoing motion was withdrawn.
On motion of Senator Unger, the Senate reconsidered the vote as to the passage of the bill.
The vote thereon having been reconsidered,
At the request of Senator Unger, unanimous consent being granted, further consideration of the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 465) was deferred until the conclusion of House messages now lodged with the 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 from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 247, Exempting certain construction contractor purchases from consumers sales, service and use tax.
On motion of Senator Unger, 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 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-8d. Limitations on right to assert exemptions.
(a) Persons who perform "contracting" as defined in section two of this article, or persons acting in an agency capacity, may not assert any exemption to which the purchaser of such contracting services or the principal is entitled. Any statutory exemption to which a taxpayer may be entitled shall be invalid unless the tangible personal property or taxable service is actually purchased by such taxpayer and is directly invoiced to and paid by such taxpayer. This section shall not apply to purchases by an employee for his or her employer; purchases by a partner for his or her partnership; or purchases by a duly authorized officer of a corporation, or unincorporated organization, for his or her corporation or unincorporated organization so long as the purchase is invoiced to and paid by the employer, partnership, corporation or unincorporated organization.
(b) Transition rule. -- This section shall not apply to purchases of tangible personal property or taxable services in fulfillment of a purchasing agent or procurement agent contract executed and legally binding on the parties thereto prior to September 15, 1999: Provided, That this transition rule shall not apply to any purchases of tangible personal property or taxable services made under such a contract after August 31, 1991; and this transition rule shall not apply if the primary purpose of the purchasing agent or procurement agent contract was to avoid payment of consumers sales and use taxes. However, effective July 1, 2007, this section shall not apply to purchases of services, machinery, supplies or materials, except gasoline and special fuel, to be directly used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure by a person performing "contracting", as defined in section two of this article, if the purchaser of the "contracting" services would be entitled to claim the refundable exemption under subdivision (2), subsection (b), section nine of this article had it purchased the services, machinery, supplies or materials. Effective July 1, 2009, this section shall not apply to purchases of services, computers, servers, building materials and tangible personal property, except purchases of gasoline and special fuel, to be installed into a building or facility or directly used or consumed in the construction, alteration, repair or improvement of a new or existing building or structure by a person performing "contracting", as defined in section two of this article, if the purchaser of the "contracting" services would be entitled to claim the exemption under subdivision (7), subsection (a), section nine-h of this article. This section shall not apply to qualified purchases of computers and computer software, primary material handling equipment, racking and racking systems, and their components, or to qualified purchases of building materials and certain tangible personal property, as those terms are defined in section nine-n of this article, by a person performing "contracting", as defined in section two of this article, if the purchaser of the "contracting" services would be entitled to claim the refundable exemption under section nine-n of this article. Purchases of gasoline and special fuel shall not be treated as exempt pursuant to this section.
§11-15-9n. Exemption of qualified purchases of computers and

c o m p u t e r s o f t w a r e , p r i m a r y m a t e r i a l h a n d l i n g e q u i p m e n t , ra c k i n g a n d r a c k i n g s y s t e m s , a n d c o m p o n e n t s , b u i l d i n g m a t e r i a ls a n d c e r t a i n t a n g i b l e p e r s o n a l p r o p e r t y .

(a) Definitions. -- For purposes of this section:
(1) "Building materials" means all tangible personal property, including any device or appliance used by builders, contractors or landowners in making improvements, additions, or alterations to a building or other structure or to real property in such a way that such tangible personal property becomes a part of the building or other structure or the realty, which is installed into or directly used or consumed in the construction, addition, alteration, repair or improvement of a qualified, new or expanded warehouse or distribution facility. "Building materials" does not include tools, construction equipment or any property or device which does not become a permanent part of the realty when construction is completed. A device or appliance becomes a fixture and a part of the building or other structure or the real property to which it is connected when it is built into or is attached to the property in such a way that its removal would substantially damage or deface such property.
(2) "Computers and computer software" as defined in section two, article fifteen-b of this chapter means computer equipment and related software directly and primarily used to control automated machinery in the facility and the movement of goods within the facility, to facilitate customer delivery operations including shipment, preparation for shipment, order tracking and delivery inventory control, printing of packing lists and labels and any other customer order fulfillment functions.
(3) "Distribution facility" means a warehouse, facility, structure, or enclosed area which is used primarily for the storage, shipment, preparation for shipment, or any combination of such activities, of finished goods, consumer ready wares, and consumer ready merchandise.
(4) "Expansion period" means the period of time beginning one year prior to the start of the construction or expansion of the qualified, new or expanded warehouse or distribution facility, and ending one year after the substantial completion of the construction or expansion of the facility. In no event shall the expansion period exceed five years.
(5) "Full-time employment" for purposes of determining a full-time employee or a full-time equivalent employee, means employment for at least one hundred forty hours per month at a wage not less than the prevailing state or federal minimum wage, depending on which minimum wage provision is applicable to the business.
(A) For purposes of this definition, any employee paid less than state or federal minimum wage, depending on which minimum wage provision is applicable, shall be excluded from the count of employees for the purpose of determining the three hundred jobs requirement of this section.
(B) For purposes of this definition, seasonal employees and part-time employees may be converted into full-time equivalent employees if the part-time or seasonal employee is customarily performing job duties not less than twenty hours per week for at least six months during the tax year. Persons who have worked less than twenty hours per week or who have worked less than six months during the tax year do not qualify as part-time employees or as seasonal employees.
(6) "Primary material handling equipment" means the principal machinery and equipment used directly and primarily for the handling and movement of tangible personal property in a qualified,
new or expanded warehouse or distribution facility.
(A) The following items may be considered primary material handling equipment:
(i) Conveyers, carousels, lifts, positioners, pick-up-and-place units, cranes, hoists, mechanical arms and robots;
(ii) Mechanized systems, including containers which are an integral part thereof, whose purpose is to lift or move tangible personal property;
(iii) Automated storage and retrieval systems, including computers and software which control them, whose purpose is to lift or move tangible personal property; and
(iv) Forklifts and other off-the-road vehicles which are used to lift or move tangible personal property and which cannot be legally operated on roads and streets.
(B) "Primary material handling equipment" does not include:
(i) Motor vehicles licensed for operation on the roads and highways of this state or any other state of the United States or any other political jurisdiction;
(ii) Parts or equipment used to repair, refurbish, or recondition other equipment; or.
(iii) Equipment which replaces, in whole or in part, primary material handling equipment.
(7) "Qualified, new or expanded warehouse or distribution facility" means a new or expanded facility, subject to the following:
(A) Qualification criteria. "Qualified, new or expanded warehouse or distribution facility" means a new or expanded facility located in this state, that is a warehouse or distribution facility that will employ three hundred or more West Virginia domiciled, West Virginia residents, as full-time employees in the warehouse or distribution facility once the expansion period is complete and which is either:
(i) An existing warehouse or distribution facility that will be expanded over the expansion period where the total value of all real and personal property purchased or acquired over the expansion period as direct investment in the facility is $50 million or more; or
(ii) A new warehouse or distribution facility where the total value of all real and personal property purchased or acquired over the expansion period as direct investment in the facility is $50 million or more.
(B) Exclusions and disqualifications.
(i) Subject to the limitations and restrictions set forth in this section, "qualified, new or expanded warehouse or distribution facility" does not include a building or facility where tangible personal property is manufactured, fabricated or assembled.
(ii) Subject to the limitations and restrictions set forth in this section, "qualified, new or expanded warehouse or distribution facility" does not include a building or facility where annual calendar year retail sales of tangible personal property are made over-the-counter from such building or facility to the general public, if such sales exceed five percent of the total annual calendar year revenues of the warehouse or distribution facility during the same calendar year.
(iii) Subject to the limitations and restrictions set forth in this section, "qualified, new or expanded warehouse or distribution facility" does not include a building or facility where the average monthly full-time employment (determined by including full-time equivalent employees) for each calendar year at the facility is less than three hundred West Virginia domiciled, West Virginia residents. For purposes of determining average monthly employment for the calendar year, the taxpayer shall divide the sum of the twelve monthly averages of qualified full-time and full-time equivalent West Virginia employees at the qualified, new or expanded warehouse or distribution facility by twelve. Each monthly average is computed as the average of West Virginia employment at the beginning of each calendar month and at the end of each calendar month: Provided, That the State Tax Commissioner may specify a different method for computation of average monthly full-time employment, on a state-wide basis or on a case-by-case basis, or both, as the State Tax Commissioner may prescribe.
(8) "Qualified West Virginia employee" means a full-time employee or full-time equivalent employee who is a West Virginia domiciled West Virginia resident.
(9) "Racking and racking systems" means any system of machinery, equipment, fixtures, or portable devices whose function is to store, organize, or move tangible personal property within a warehouse or distribution facility, including, but not limited to, conveying systems, chutes, shelves, racks, bins, drawers, pallets, and other containers and storage devices which form a necessary part of the facility's storage system, and which is used directly and primarily for the storage, handling and movement of tangible personal property in a qualified, new or expanded warehouse or distribution facility.
(10) "Tangible personal property" means tangible personal property as defined in section two, article fifteen-b of this chapter.
(11) "Warehouse" means a facility, structure, or enclosed area which is used primarily for the storage of finished goods, consumer ready wares, and consumer ready merchandise.
(b) Exemption. -- Qualified purchases of computers and computer software, primary material handling equipment, racking and racking systems, and components thereof, building materials and tangible personal property installed into or directly used or consumed in the construction, addition, alteration or improvement of a qualified, new or expanded warehouse or distribution facility, as such terms are defined in this section, purchased during the expansion period are exempt from the tax imposed by this article and article fifteen-a of this chapter. This exemption may apply either to qualified purchases made by a person or entity which will be the owner and operator of the qualified, new or expanded warehouse or distribution facility or to qualified purchases made by a lessor or lessee of the qualified, new or expanded warehouse or distribution facility. A purchase of computers and computer software, primary material handling equipment, racking and racking systems, and components thereof, building materials and tangible personal property is a qualified purchase if all requirements for exemption set forth in this section are met with relation to the purchase.
(c) Application for certification of exemption and plan describing investment to be made. --
(1) In order to qualify for the exemption authorized by this section, a taxpayer must submit an application for certification of the exemption to the State Tax Commissioner, together with a plan describing the investment to be made in the qualified, new or expanded warehouse or distribution facility. The application and plan shall be submitted on forms prescribed by the State Tax Commissioner. The plan shall demonstrate that the requirements of the law will be met.
(2) Filing date. The application for certification of the exemption and plan describing the investment to be made must be filed on or before the start of the construction or expansion of the proposed qualified, new or expanded warehouse or distribution facility.
(3) Late filing. If the taxpayer fails to timely file the application for certification of the exemption with the State Tax Commissioner, together with a plan describing the investment to be made, on or before the start of the construction or expansion of the proposed qualified, new or expanded warehouse or distribution facility, the exemption allowed by this section shall not be available for any purchases of computer and computer software, primary material handling equipment, racking and racking systems, and components thereof, building materials and tangible personal property otherwise exempt under this section that were made prior to the filing date of the application for certification of the exemption, and no refund shall be issued for any such purchase.
(4) Exemption in cases of untimely filing. Notwithstanding the untimely filing of the application for certification of the exemption and plan describing the investment to be made, if certification of the exemption and plan is issued by the State Tax Commissioner of an untimely filed application and plan, the exemption shall be available for qualified purchases of computers and computer software, primary material handling equipment, racking and racking systems, and components thereof, building materials and tangible personal property made subsequent to the filing date of the application and plan and before the end of the expansion period.
(5) Exemption limited to expansion period purchases.
(A) Upon approval of the application and certification of the exemption, qualified purchases of computers and computer software, primary material handling equipment, racking and racking systems, and components thereof, building materials and tangible personal property shall be exempt from the tax imposed by this article and article fifteen-a of this chapter. However, if the requisite investment is not made within the expansion period, or if the terms and requirements of this section are not satisfied, the taxpayer shall be subject to assessment for any tax, penalty or interest that would otherwise have been due.
(B) Limitations. Any statute of limitations set forth in article ten of this chapter for assessment made under this subsection for any such tax, penalty or interest shall not close until five years subsequent to the end of the expansion period.
(d) Any person having a right or claim to any exemption set forth in this section shall first pay to the vendor the tax imposed by this article and then apply to the State Tax Commissioner for a refund or credit or, as provided in section nine-d of this article, give to the vendor his or her West Virginia direct pay permit number.
(e) Additional restrictions, assessments and statutes of limitations. --

(1) Over-the-counter sales restrictions.

(A) If within ten years after the end of the expansion period, over-the-counter sales are made in any one calendar year, from a warehouse or distribution facility for which qualification for exemption under this section was originally established, which over-the-counter sales, in the aggregate, exceed five percent of the total revenues of the warehouse or distribution facility during the same calendar year, the taxpayer will be disqualified from receiving the exemption under this section as of the close of the calendar year in which over-the-counter sales first exceed five percent of the total revenues of the warehouse or distribution facility during the same calendar year; and the taxpayer shall be subject to assessment for any tax, penalty or interest that would otherwise have been due had the exemption set forth in this section never been applied. This over-the-counter sales restriction shall not apply to any year subsequent to the end of the tenth year after the end of the expansion period.
(B) Limitations. Notwithstanding any other provision of this code pertaining to statute of limitations to the contrary, any statute of limitations set forth in article ten of this chapter for assessment for any such tax, penalty or interest shall not close until five years subsequent to the end of the calendar year in which over-the-counter sales first exceed five percent of the total revenues of the warehouse or distribution facility during the same period.
(2) Fabrication and Assembly Restriction.
(A) Subject to the restriction and limitations set forth in this subsection, a qualified new or expanded warehouse or distribution facility does not include a building or facility where tangible personal property is manufactured, fabricated or assembled. If during any calendar year within ten years after the end of the expansion period, the building or facility for which qualification for exemption under this section was originally established, is used for manufacturing, fabrication or assembly of tangible personal property, the taxpayer will be disqualified from receiving the exemption set forth in this section as of the date such manufacturing, fabrication or assembly first occurs, and the taxpayer shall be subject to assessment for any tax, penalty or interest that would otherwise have been due had the exemption set forth in this section never been applied. This restriction against manufacturing, fabrication and assembly shall not apply to any year subsequent to the tenth year after the end of the expansion period.
(B) Limitations. Notwithstanding any other provision of this code pertaining to statute of limitations to the contrary, any statute of limitations set forth in article ten of this chapter for assessment for any such tax, penalty or interest shall not close until five years subsequent to the end of the calendar year during which such manufacturing, fabrication or assembly first occurs.
(3) Minimum employment restriction.
(A) Subject to the limitations and restrictions set forth in this section, "qualified, new or expanded warehouse or distribution facility" does not include a building or facility where the average monthly full-time employment (determined including full-time equivalent employees) for each calendar year at the facility is less than three hundred West Virginia domiciled, West Virginia residents. If during any calendar year within ten years after the end of the expansion period, the average monthly full-time employment at the building or facility for which qualification for exemption under this section was originally established, is fewer than three hundred qualified West Virginia employees, then the taxpayer will be disqualified from receiving the exemption under this section as of the close of the first calendar year in which the average monthly full-time employment at the facility is less than three hundred West Virginia domiciled, West Virginia residents, and the taxpayer shall be subject to assessment for any tax, penalty or interest that would otherwise have been due had the exemption set forth in this section never been applied. This restriction against having fewer than three hundred qualified West Virginia employees shall not apply to any year subsequent to the tenth year after the end of the expansion period.
(B) Limitations. Notwithstanding any other provision of this code pertaining to statute of limitations to the contrary, any statute of limitations set forth in article ten of this chapter for assessment for any such tax, penalty or interest shall not close until five years subsequent to the end of the first calendar year in which the average monthly full-time employment at the facility is less than three hundred qualified West Virginia employees.
(f) Assessments against taxpayer. -- In circumstances where the exemption authorized under this section has been asserted by a contractor pursuant to the provisions of section eight-d of this article for purchases of computers and computer software, primary material handling equipment, racking and racking systems, and components thereof, building materials and tangible personal property, the assessment of such tax, interest and penalties shall issue against, and liability is hereby imposed upon, the purchaser of the contracting services, which is the taxpayer entitled to the exemption set forth in this section, and not against the contractor who relied in good faith upon the validity of the exemption available under this section to the purchaser of the contracting services. ;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 247--A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-9n, all relating to consumers sales and service tax and use tax; specifying that restrictions on exemptions by a construction contractor do not apply for certain purchases of computers and computer software, primary material handling equipment, racking and racking systems and their components nor do these restrictions on exemptions apply to purchases of building materials and certain tangible personal property if the purchaser of computers and computer software and contracting services would be entitled to claim a newly created exemption; specifying exemption for certain purchases of computers and computer software, primary material handling equipment, racking and racking systems and their components, building materials and certain tangible personal property; specifying the application for certification of exemption and plan describing investment to be made; specifying application and plan filing date; specifying treatment of late filings and untimely filings of application and plan; specifying loss of exemption if investment is not made within the expansion period; defining terms; specifying exclusions and limitations for qualified warehouses and distribution facilities; specifying exclusions and disqualifications for failure to meet statutory criteria and requirements; specifying over-the-counter sales restrictions; specifying manufacturing, fabrication and assembly restrictions; specifying statute of limitations; specifying issuance of assessments against the purchaser of contracting services entitled to the newly created exemption and not against a contractor who relied in good faith upon validity of an exemption; specifying that the taxpayer first pay to the vendor the tax and then apply to the State Tax Commissioner for a refund or credit; and alternative use of the direct pay permit number.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 247, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 247) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 247) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Consideration of House messages having been concluded, the Senate returned to the consideration of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 465, Creating Marcellus Gas and Manufacturing Development Act.
Passed by the Senate in earlier proceedings tonight and the vote as to the effective date and passage having been reconsidered, The question again being on the passage of the bill, as amended by the House of Delegates.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 465) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 465) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of seven from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2012, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates White, T. Campbell, M. Poling, Kominar, Perdue, Anderson and Evans.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Hall, Miller, Stollings, Jenkins, Klempa and Barnes.
On motion of Senator Unger, a leave of absence for the day was granted Senator Tomblin (Mr. President).
__________
The midnight hour having arrived, the President stated all unfinished legislative business, with the exception of the budget bill, had expired due to the time element.
A series of messages from the House of Delegates having been received at his desk, the following communications were reported by the Clerk:
A message from The Clerk of the House of Delegates announced that that body had receded from its amendments to, and the passage as amended by deletion, of
Eng. Senate Bill No. 192, Protecting consumers from price gouging and unfair pricing practices.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 239, Extending period higher education institutes have to deposit moneys into research endowments.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2011, of
Eng. Com. Sub. for Senate Bill No. 243, Relating to Neighborhood Investment Program Act.
A message from The Clerk of the House of Delegates announced the passage by that body, without amendment, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, of
Eng. Senate Bill No. 436, Continuing personal income tax adjustment to gross income of certain retirees.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 439, Clarifying that filing of manufactured housing complaint with state regulatory board is prerequisite for lawsuit.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
Enr. Com. Sub. for Senate Bill No. 458, Updating Logging Sediment Control Act.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2011, of
Eng. Com. Sub. for Senate Bill No. 474, Relating to manufacturer's liability for prescription drug warning or instruction.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 617, Making supplementary appropriation of federal funds to Department of Education and Arts and DHHR.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 618, Making appropriation from State Road Fund to DOT.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 619, Making supplementary appropriation of unappropriated moneys to various accounts.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 25, Requesting DOH name Route 35 in Putnam and Mason counties "Fruth-Lanham Highway".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 33, Requesting DOH name bridge on Route 16 in Wyoming County "Justin Lane Haga Janes and Matthew Robert Wrenn Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 38, Requesting Joint Committee on Government and Finance study needs, challenges and issues facing West Virginians with Alzheimer's.
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, of
Eng. Com. Sub. for House Bill No. 2539, Authorizing the West Virginia State Police to enter into agreements for certain forensic services with the Marshall University Forensic Science Center.
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, to take effect from passage, of
Eng. House Bill No. 2695, Relating to the educational broadcasting authority.
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, of
Eng. Com. Sub. for House Bill No. 2955, Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators.
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, of
Eng. House Bill No. 3271, Relating to the distribution of state funds to volunteer fire companies and departments.
On motion of Senator Unger, the Senate adjourned until tomorrow, Sunday, March 13, 2011, at 12:10 a.m. for an extended session to complete action on the annual state budget, under authority of the Governor's proclamation issued March 9, 2011, extending the first annual session of the eightieth Legislature until and including the fifteenth day of March, two thousand eleven, solely for that purpose, as being the only permissive legislation within constitutional purview.
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