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 110th
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 TITLEPAY 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.
(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. The list shall be approved by unanimous vote of the task
force.
;
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:
.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2955), 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. 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.
At the request of Senator Unger, unanimous consent being
granted, Senator Unger addressed the Senate regarding the policy
currently being followed as it pertains to consideration of Senate
legislation pending in the House of Delegates.
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, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 35, Increasing nonfamily adoption tax
credit.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page two, section ten-a, lines eleven and twelve, by
striking out the words "which child or children are not related to
the taxpayer or taxpayers by blood or marriage" and inserting in
lieu thereof the words "who are not the father, mother or stepparent
of the child".
Senator Unger moved that the Senate concur in the House of
Delegates amendment to the bill.
Pending discussion,
The question being on the adoption of Senator Unger's
aforestated motion, the same was put and prevailed.
Engrossed Senate Bill No. 35, 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. 35) 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 Com. Sub. for Senate Bill No. 245, Relating
to protection of Chesapeake Bay Watershed.
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 §22C-1-27 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §29-22-18d; that §31-15A-9 of said
code be amended and reenacted; and that said code be amended by
adding thereto a new section, designated §31-15A-17b, all to read
as follows:
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS,
AUTHORITIES, COMMISSIONS AND COMPACTS.
ARTICLE 1. WATER DEVELOPMENT AUTHORITY.
§22C-1-27. Authorized limit on borrowing.
(a) The aggregate principal amount of bonds and notes issued by the authority may not exceed $500 million outstanding at any one
time: Provided, That before the authority issues bonds and notes in
excess of $400 million the Legislature must pass a resolution
authorizing this action: Provided, however, That in computing the
total amount of bonds and notes which may at any one time be
outstanding, the principal amount of any outstanding bonds or notes
refunded or to be refunded either by application of the proceeds of
the sale of any refunding bonds or notes of the authority or by
exchange for any refunding bonds or notes, shall be excluded.
(b) In addition to the amounts authorized by subsection (a) of
this section, the Water Development Authority may issue, pursuant
to section seventeen-b, article fifteen-a, chapter thirty-one of
this code, bonds or notes in the aggregate principal amount not to
exceed $180 million. This authorization is for the limited purpose
of providing grants for capital improvements for publicly owned
wastewater treatment facilities with an authorized permitted flow
of four hundred thousand gallons per day or more which are required
to maintain compliance with certain standards for discharges into
watersheds in accordance with said section seventeen-b.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22. STATE LOTTERY ACT.
§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
6bFees - 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
6Increased Enrollment - Surplus 0592,062,718
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
4Unclassified - 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
3Unclassified - Surplus (R) 097$7,100,000
12Payments to Federal, County, and/or
13Regional 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
4Unclassified - 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
5aSciences - 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.
____________