__________*__________
Wednesday, March 1, 2006
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 28, 2006, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 51, Declaring the Greenbrier Valley Theatre as the official State year-round
professional theatre of West Virginia,
H. C. R. 55, Requesting the Joint Committee on Government and Finance to study how the
divorce and custody laws prevent or hinder fathers from being involved in raising their children,
H. C. R. 60, Requesting the United States Congress to include a portion of Highway 10 as
a corridor to the Appalachian Highway Development System,
H. C. R. 61, Requesting the Joint Committee on Government and Finance to study the state
of emergency medicine in West Virginia,
H. C. R. 70, Requesting the joint committee on government and finance to conduct a study
on the need for and the appropriate methodology for providing salary improvements for counselors
employed by the Division of Rehabilitation Services,
And reports the same back with the recommendation that they each be adopted.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 1st
day of March, 2006, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 216), Continuing Women's Commission.
And,
(S. B. 454), Removing Insurance Commissioner as health maintenance organizations'
attorney for service of process purposes.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 742 - "A Bill to repeal §17D-4-15, §17D-4-16, §17D-4-17, §17D-4-18
and §17D-4-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3
of said code; to amend and reenact §17D-2A-3, §17D-2A-6, §17D-2A-7 and §17D-2A-8 of said code; to amend and reenact §17D-5-3 of said code; and to amend and reenact §17D-6-2 of said code,
all relating to mandatory security upon motor vehicles; repealing the option of substituting the
posting of a bond or other security with the State Treasurer or the Commissioner of Motor Vehicles
in lieu of a motor vehicle liability policy; changing the method of random sampling for determining
compliance with the requirement to maintain security; changing the period of suspension of a
driver's license for failure to maintain security; requiring the court to forward evidence of
compliance to the Division of Motor Vehicles; providing a criminal penalty for providing false or
fraudulent information related to mandatory security; requiring the division to suspend the driver's
license of any person upon a showing of forging or filing any false evidence or proof of mandatory
security or information; and changing the requirements of obtaining a certificate of self insurance";
which was referred to the Committee on the Judiciary.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Anderson, Armstead, Beane, Border, Browning,
Campbell, Carmichael, Doyle, Hall, Kominar, Leach, Mahan, Michael, Pino, Staton, Trump and
Varner offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 76 - "Requesting the Joint Committee on Government and Finance to conduct an
interim study on the improvement of access to oral health care services in states that allow dental
hygienists to administer services to patients in a variety of settings.
Whereas, West Virginia is in the midst of a long-standing and well-documented oral health
care crisis; and
Whereas, Links between individuals' oral health and overall health continue to emerge; and
Whereas, Poor oral health remains a neglected epidemic in West Virginia, especially among
certain segments of the population -- 80 percent of cavities in children are concentrated in just 25
percent of the children's population; and
Whereas, 72 percent of West Virginia's children are covered by dental insurance, primarily
through public programs (Medicaid, SCHIP), with 40 percent having not seen their dentist in the last
six months; and
Whereas, West Virginia has ranked first among all states in the percentage of people ages
sixty-five and older who have lost their natural teeth; and
Whereas, Preventive oral health care services remain an important component in the
prevention and early detection of oral health care diseases; and
Whereas, Dental hygienists in West Virginia are formally educated and state licensed health
care professionals proficient in administering oral health services without the direct supervision of
a dentist; and
Whereas, 48 states and the District of Columbia currently allow dental hygienists to
administer oral health care services in at least one setting under the general supervision of a dentist;
and
Whereas, General supervision has proven to be a safe practice that allows for more efficient
administration of oral health care services in the states that currently allow for it; and
Whereas, General supervision facilitates increased access to oral health care services by
enabling dental hygienists to administer services to patients in a variety of settings, particularly for
populations currently disenfranchised from the oral health care system due to their inability to travel
to a dental office; and
Whereas, The U.S. Surgeon General issued a report that identified lack of access to oral
health care services as one of the major barriers to care for underserved populations; and
Whereas, The U.S. Surgeon General urged policymakers to take action to increase access
to oral health care services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct an
interim study on the improvement of access to oral health care services in states that allow dental
hygienists to administer services to patients in a variety of settings; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, 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.
Petitions
Delegate Schadler presented a petition, signed by seventeen residents of the 49th District,
urging the restoration of the Mount Vernon Dining Hall at Jackson's Mill; which was referred to the
Committee on Finance.
Motions
Still being in possession of the Clerk, S. B. 370, Continuing Board of Banking and Financial
Institutions; membership qualifications, was, at the request of Delegate Staton, and by unanimous
consent, taken up for further consideration.
On motion of Delegate Staton, the House of Delegates reconsidered the effective date of the
bill and the adoption of a title amendment thereto.
Unanimous consent having been obtained, the House of Delegates amendment to the title of
the bill was withdrawn.
On the further motion of the same Gentleman, the House then concurred in the Senate
amendment to the House of Delegates amendment on page six, section nine, line ninety-three and
the House refused to concur in the Senate amendment to the original House title amendment to the
bill, and the Senate was requested to recede therefrom.
The bill, as amended by the House, and as further amended by the Senate, was then put upon
its passage.
Delegates Anderson and Proudfoot requested to be excused from voting on the passage of
S. B. 370 under the provisions of House Rule 49.
The Speaker stated that the foregoing members were of a class of persons to be affected by
the passage of the bill and refused to excuse them from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
On the passage of the bill, the yeas and nays were taken (Roll No. 212), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 370) passed.
Delegate Staton moved that the bill take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 213), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 370) takes effect July 1, 2006.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates as to concurrence in part and nonconcurrence in the Senate amendment to the House
amended title and requested the Senate to recede therefrom.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of bills from the Consent Calendar to the Special Calendar:
H. B. 4791, on second reading, Consent Calendar, to the Special Calendar, by Delegate
Staton.
Third Reading
H. B. 2153, Providing certain correctional officers be transferred into the civil service system
as covered employees; on third reading, coming up in regular order, with an amendment pending,
was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was amended on page one,
following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof,
the following language:
"ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-27. Employees of Regional Jail Authority; priority of hiring; civil service coverage.
(a) Notwithstanding any provision of this code to the contrary, the authority, when employing
correctional officers hiring employees to complete the approved staffing plan of a regional jail
completed after the effective date of this section, shall employ any correctional officer applying for
a position as a correctional officer at a regional jail who was employed in good standing at a county jail facility in the region at the time of its closing or at a prison facility operated by the division of
corrections: Provided, That the regional jail is located within the same region as the prison facility
that was closed due to relocation of the prison facility to a site outside the region. Only those
correctional officers, who are employees in good standing at the time the prison facility is closed,
are eligible for transfer under the provisions of this subsection. Correctional officers, employed
under the provisions of this subsection, shall be employed shall do so at a salary and with benefits
consistent with the approved plan of compensation of the division of personnel, created under section
five, article six, chapter twenty-nine of this code. All correctional officers persons employed under
this subsection shall also be covered by the policies and procedures of the education and state
employees grievance board, created under section five, article six-a, chapter twenty-nine of this code.
and the classified-exempt service protection policies of the division of personnel.
(b) The authority shall, when employing correctional officers to fill positions within the
approved staffing plan of any regional jail, employ any correctional officer applying for a position
as a correctional officer at a regional jail who was previously employed as a correctional officer in
good standing at any local jail facility: Provided, That the local jail facility is located within the
same region as the regional jail at the time of the local jail facility's closing or reduction in size and
was reduced in size or closed prior to or due to the completion of the regional jail within the region.
Correctional officers Persons employed under the provisions of this subsection, shall be employed
at a salary and with benefits consistent with the approved plan of compensation of the division of
personnel, created under section five, article six, chapter twenty-nine of this code. Only those county
correctional officers who are employees in good standing at the time the local jail facility is closed
are eligible for transfer under the provisions of this subsection. All correctional officers All persons
employed under this subsection shall also be covered by the policies and procedures of the education
and state employees grievance board created under section five, article six-a, chapter twenty-nine
of this code. and the classified-exempt service protection of the division of personnel.
(c) Notwithstanding any provision of this code to the contrary, on and after the first day of
July, two thousand seven, any person then employed or to be employed by the Regional Jail and
Correctional Facility Authority, except the executive director appointed pursuant to section four,
article twenty, chapter thirty-one of this code, shall within the limitations contained in section two,
article six, chapter twenty-nine of this code, be placed in the civil service system as a covered
employee."
Having been engrossed, the bill was then read a third time.
Com. Sub. for H. B. 3201, Relating to the compensation of secretary-clerks to family court
judges; on third reading, coming up in regular order, was read a third time.
Com. Sub. for H. B. 3295, Increasing certain fees charged to collect delinquent taxes; on
third reading, coming up in regular order, was read a third time.
H. B. 3309, Exempting Mental-Health Retardation Centers from payment of the privilege
tax and providing that Mental-Health Retardation Centers are covered by the Board of Risk and
Insurance Management without the requirement to pay a premium; on third reading, coming up in
regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"ARTICLE 13A. SEVERANCE TAXES.
§11-13A-2. Definitions.
(a) General rule. -- When used in this article, or in the administration of this article, the terms
defined in subsection (b), (c) or (d) of this section shall have the meanings ascribed to them by this
section, unless a different meaning is clearly required by the context in which the term is used or by
specific definition.
(b) General terms defined. -- Definitions in this subsection apply to all persons subject to the taxes imposed by this article.
(1) 'Business' includes all activities engaged in, or caused to be engaged in, with the object
of gain or economic benefit, direct or indirect, and whether engaged in for profit, or not for profit,
or by a governmental entity: Provided, That 'business' does not include services rendered by an
employee within the scope of his or her contract of employment. Employee services, services by a
partner on behalf of his or her partnership and services by a member of any other business entity on
behalf of that entity are the business of the employer or partnership, or other business entity as the
case may be, and reportable as such for purposes of the taxes imposed by this article.
(2) 'Corporation' includes associations, joint-stock companies and insurance companies. It
also includes governmental entities when and to the extent such governmental entities engage in
activities taxable under this article.
(3) 'Delegate' in the phrase 'or his 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 function mentioned or described in this article or regulations promulgated thereunder.
(4) 'Fiduciary' means and includes a guardian, trustee, executor, administrator, receiver,
conservator or any person acting in any fiduciary capacity for any person.
(5) 'Gross proceeds' means the value, whether in money or other property, actually
proceeding from the sale or lease of tangible personal property, or from the rendering of services,
without any deduction for the cost of property sold or leased or expenses of any kind.
(6) 'Includes' and 'including', when used in a definition contained in this article, shall not
be deemed to exclude other things otherwise within the meaning of the term being defined.
(7) 'Partner' includes a member of a syndicate, group, pool, joint venture or other
organization which is a 'partnership' as defined in this section.
(8) 'Partnership' includes a syndicate, group, pool, joint venture or other unincorporated organization through or by means of which any privilege taxable under this article is exercised and
which is not within the meaning of this article a trust or estate or corporation. 'pa rtnership' includes
a limited liability company which is treated as a partnership for federal income tax purposes.
(9) 'Person' or 'company' are herein used interchangeably and include any individual, firm,
partnership, mining partnership, joint venture, association, corporation, trust or other entity, or any
other group or combination acting as a unit, and the plural as well as the singular number, unless the
intention to give a more limited meaning is declared by the context.
(10) 'Sale' includes any transfer of the ownership or title to property, whether for money or
in exchange for other property or services, or any combination thereof. 'Sale' includes a lease of
property, whether the transaction be characterized as a rental, lease, hire, bailment or license to use.
'Sale' also includes rendering services for a consideration, whether direct or indirect.
(11) 'Service' includes all activities engaged in by a person for a consideration which involve
the rendering of a service as distinguished from the sale of tangible personal property: Provided,
That 'service' does not include: (A) Services rendered by an employee to his or her employer under
a contract of employment; (B) contracting; or (C) severing or processing natural resources.
(12) 'Tax' means any tax imposed by this article and, for purposes of administration and
collection of such tax, it includes any interest, additions to tax or penalties imposed with respect
thereto under article ten of this chapter.
(13) 'Tax commissioner' or 'commissioner' means the tax commissioner of the state of West
Virginia or his or her delegate.
(14) 'Taxable year' means the calendar year, or the fiscal year ending during such calendar
year, upon the basis of which a tax liability is computed under this article. In the case of a return
made under this article, or regulations of the tax commissioner, for a fractional part of a year, the
term 'taxable year' means the period for which such return is made.
(15) 'Taxpayer' means any person subject to any tax imposed by this article.
(16) 'This code' means the code of West Virginia, one thousand nine hundred thirty-one, as
amended.
(17) 'This state' means the state of West Virginia.
(18) 'Withholding agent' means any person required by law to deduct and withhold any tax
imposed by this article or under regulations promulgated by the tax commissioner.
(c) Specific definitions for producers of natural resources. --
(1) 'Barrel of oil' means forty-two U.S. gallons of two hundred thirty-one cubic inches of
liquid at a standard temperature of sixty degrees Fahrenheit.
(2) 'Coal' means and includes any material composed predominantly of hydrocarbons in a
solid state.
(3) 'Cubic foot of gas' means the volume of gas contained in one cubic foot at a standard
pressure base of fourteen point seventy-three pounds per square inch (absolute) and a standard
temperature of sixty degrees Fahrenheit.
(4) 'Economic interest' for the purpose of this article is synonymous with the economic
interest ownership required by Section 611 of the Internal Revenue Code in effect on the thirty-first
day of December, one thousand nine hundred eighty-five, entitling the taxpayer to a depletion
deduction for income tax purposes: Provided, That a person who only receives an arm's length
royalty shall not be considered as having an economic interest.
(5) 'Extraction of ores or minerals from the ground' includes extraction by mine owners or
operators of ores or minerals from the waste or residue of prior mining only when such extraction
is sold.
(6) 'Gross value' in the case of natural resources means the market value of the natural
resource product, in the immediate vicinity where severed, determined after application of post
production processing generally applied by the industry to obtain commercially marketable or usable
natural resource products. For all natural resources, 'gross value' is to be reported as follows:
(A) For natural resources severed or processed (or both severed and processed) and sold
during a reporting period, gross value is the gross proceeds received or receivable by the taxpayer.
(B) In a transaction involving related parties, gross value shall not be less than the fair market
value for natural resources of similar grade and quality.
(C) In the absence of a sale, gross value shall be the fair market value for natural resources
of similar grade and quality.
(D) If severed natural resources are purchased for the purpose of processing and resale, the
gross value is the amount received or receivable during the reporting period reduced by the amount
paid or payable to the taxpayer actually severing the natural resource. If natural resources are
severed outside the state of West Virginia and brought into the state of West Virginia by the taxpayer
for the purpose of processing and sale, the gross value is the amount received or receivable during
the reporting period reduced by the fair market value of natural resources of similar grade and quality
and in the same condition immediately preceding the processing of the natural resources in this state.
(E) If severed natural resources are purchased for the purpose of processing and consumption,
the gross value is the fair market value of processed natural resources of similar grade and quality
reduced by the amount paid or payable to the taxpayer actually severing the natural resource. If
severed natural resources are severed outside the state of West Virginia and brought into the state
of West Virginia by the taxpayer for the purpose of processing and consumption, the gross value is
the fair market value of processed natural resources of similar grade and quality reduced by the fair
market value of natural resources of similar grade and quality and in the same condition immediately
preceding the processing of the natural resources.
(F) In all instances, the gross value shall be reduced by the amount of any federal energy tax
imposed upon the taxpayer after the first day of June, one thousand nine hundred ninety-three, but
shall not be reduced by any state or federal taxes, royalties, sales commissions or any other expense.
(G) For natural gas, gross value is the value of the natural gas at the wellhead immediately preceding transportation and transmission.
(H) For limestone or sandstone quarried or mined, gross value is the value of such stone
immediately upon severance from the earth.
(7) 'Mining' includes not merely the extraction of ores or minerals from the ground, but also
those treatment processes necessary or incidental thereto.
(8) 'Natural resources' means all forms of minerals including, but not limited to, rock, stone,
limestone, coal, shale, gravel, sand, clay, natural gas, oil and natural gas liquids which are contained
in or on the soils or waters of this state and includes standing timber.
(9) 'Processed' or 'processing' as applied to:
(A) Oil and natural gas shall not include any conversion or refining process; and
(B) Limestone or sandstone quarried or mined shall not include any treatment process or
transportation after the limestone or sandstone is severed from the earth.
(10) 'Related parties' means two or more persons, organizations or businesses owned or
controlled directly or indirectly by the same interests. Control exists if a contract or lease, either
written or oral, is entered into whereby one party mines or processes natural resources owned or held
by another party and the owner or lessor participates in the severing, processing or marketing of the
natural resources or receives any value other than an arm's length passive royalty interest. In the case
of related parties, the tax commissioner may apportion or allocate the receipts between or among
such persons, organizations or businesses if he determines that such apportionment or allocation is
necessary to more clearly reflect gross value.
(11) 'Severing' or 'severed' means the physical removal of the natural resources from the
earth or waters of this state by any means: Provided, That 'severing' or 'severed' shall not include
the removal of natural gas from underground storage facilities into which the natural gas has been
mechanically injected following its initial removal from earth: Provided, however, That 'severing'
or 'severed' oil and natural gas shall not include any separation process of oil or natural gas commonly employed to obtain marketable natural resource products.
(12) 'Stock' includes shares in an association, joint-stock company or corporation.
(13) 'Taxpayer' means and includes any individual, partnership, joint venture, association,
corporation, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any
kind engaged in the business of severing or processing (or both severing and processing) natural
resources in this state for sale or use. In instances where contracts (either oral or written) are entered
into whereby persons, organizations or businesses are engaged in the business of severing or
processing (or both severing and processing) a natural resource but do not obtain title to or do not
have an economic interest therein, the party who owns the natural resource immediately after its
severance or has an economic interest therein is the taxpayer.
(d) Specific definitions for persons providing health care items or services. -- 'Behavioral
health services' means services provided for the care and treatment of persons with mental illness,
mental retardation, developmental disabilities or alcohol or drug abuse problems in an inpatient,
residential or outpatient setting, including, but not limited to, habilitative or rehabilitative
interventions or services and cooking, cleaning, laundry and personal hygiene services provided for
such care: Provided, That gross receipts derived from providing behavioral health services that are
included in the provider's measure of tax under article twenty-seven of this chapter shall not be
include included in that provider's measure of tax under this article. The amendment to this
definition in the year two thousand four is intended to clarify the intent of the Legislature as to the
activities that qualify as behavioral health services, and this clarification shall be applied
retrospectively to the effective date of the amendment to this section in which the definition of
'behavioral health services' was originally provided as enacted during the first extraordinary session
of the Legislature in the year one thousand nine hundred ninety-three: Provided, That beginning on
the first day of July, two thousand six, comprehensive community mental health-mental retardation
centers, as designated by the Secretary of the Department of Health and Human Resources, are no longer included in the definition of behavioral health services for the purposes of this article."
Having been engrossed, the bill was then read a third time.
The following bills, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 4053, Providing that active military personnel stationed in this state
need not obtain a hunting, fishing or trapping permit,
Com. Sub for H. B. 4077, Establishing a state minimum salary supplement for professional
personnel holding a nationally recognized professional certification in speech-language pathology,
audiology or counseling,
Com. Sub. for H. B. 4108, Allowing an osteopathic physician and surgeon to supervise up
to three physician assistants generally,
Com. Sub. for H. B. 4135, Authorizing the Department of Environmental Protection to
promulgate legislative rules,
H. B. 4293, Requiring purchasers of real estate subject to tax liens to pay for notices to
redeem,
H. B 4321, Relating to definitions and modifications of exemptions from notification and
licensure with respect to lead abatement,
H. B. 4370, Authorizing certain volunteer fire departments to establish a special fund to
make awards to qualified volunteers,
H. B. 4371, Allowing a registrant to transfer the registration of a Class C vehicle to another
Class C type vehicle titled in the name of the registrant,
Com. Sub. for H. B. 4379, Relating to insurance coverage for mammograms, pap smears
and human papillmovavirus,
Com. Sub. for H. B. 4393, Adjusting foundation allowance for transportation for projected
fuel costs,
Com. Sub. for H. B. 4398, Improving the capacity of county boards of education to provide
school health services,
H. B. 4414, Providing criminal penalties for violating a peace bond,
H. B. 4445, Permitting the Director of the Division of Forestry to recover costs incurred in
fighting fires,
And,
Com. Sub. for H. B. 4469, Providing the Natural Resources Commission authority to
promulgate rules to permit and regulate the hunting of white-tail deer in state parks.
H. B. 4474, Increasing the earned income exclusion from ten thousand dollars to twenty-two
thousand dollars; on third reading, coming up in regular order, was read a third time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page twelve, line nine, following the word "exceed", by striking out
the word "twenty-two" and inserting in lieu thereof the word "eighteen".
On page two, line twelve, following the word "exceed" by striking out the word "eleven" and
inserting in lieu thereof the word "nine".
On page three, line twenty-six, following the word "be" by striking out the word "twenty-
two" and inserting in lieu thereof the word "eighteen".
And,
On page three, line thirty-two, following the word "be" by striking out the word "eleven" and
inserting in lieu thereof the word "nine".
Having been engrossed, the bill was then read a third time.
Delegate Frich requested the Clerk to record her as voting "Nay" on the adoption of the
amendment.
The following bills, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 4492, Relating to absentee voting by facsimile,
H. B. 4510, Removing language requiring the commission to maintain a registry and census
of persons who are deaf or hard of hearing,
Com. Sub. for H. B. 4544, Allowing for more teachers to be reimbursed for approved course
work,
H. B. 4547, Increasing the funds available for transfer to the Prepaid Tuition Trust Escrow
Fund in certain circumstances,
H. B. 4556, Relating to the enforcement of accessibl parking spaces for motorists with
mobility impairments,
Com. Sub. for H. B. 4588, Creating a crime for concealing a human body of a victim of a
murder, voluntary manslaughter or involuntary manslaughter and prescribing penalties therefor,
And,
Com. Sub. for H. B. 4596, Relating to the Director of the Office of Miners' Health, Safety
and Training.
H. B. 4598, Eliminating the requirement for combined oil and gas returns for purposes of
property taxes, and to further define the information that may be released; on third reading, coming
up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page one, by amending the enacting section to read as follows:
"That §11-1C-14 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that §11-10-5w of said code be amended and reenacted; and that §11-13A-3a of said code
be amended and reenacted, all to read as follows" followed by a colon.
Having been engrossed, the bill was then read a third time.
H. B. 4623, Relating to reports of inspections of primary and secondary schools by local boards of health; on third reading, coming up in regular order, was read a third time.
Com. Sub. for H. B. 4626, Including private schools, parochial schools, church schools, and
other schools operated by a religious order in state student teaching programs; on third reading,
coming up in regular order, was read a third time.
Com. Sub. for H. B. 4636, Relating to the definition of gross income for purposes of
determining child support; on third reading, coming up in regular order, was read a third time.
Com. Sub. for H. B. 4661, Continuing the Board of Registered Professional Nurses rule
relating to dialysis technicians; on third reading, coming up in regular order, was read a third time.
H. B. 4678, Authorizing the Agriculture Commissioner to regulate aquaculture wastes; on
third reading, coming up in regular order, was read a third time.
Com. Sub. for H. B. 4712, Definitions and penalties for stalking; on third reading, coming
up in regular order, was read a third time.
H. B. 4739, Permitting county sheriffs who issue licenses to carry concealed weapons to deny
such licenses to applicants who have been convicted of a misdemeanor sexual offense; on third
reading, coming up in regular order, was read a third time.
H. B. 4752, Allowing the purchase of service credit in the State Teachers Retirement System
for temporary employment under the Comprehensive Employment and Training Act(CETA); on
third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page nine, section seventeen, line one hundred forty three, following
the word "is", by striking out the word "two" and inserting in lieu thereof the word "five".
Having been engrossed, the bill was then read a third time.
H. B. 4785, Allowing school service personnel the opportunity to vote on giving transfer
preference to employees from a merged school; on third reading, coming up in regular order, was read a third time.
H. B. 4848, Relating to requirements fo physical education in the public schools; on third
reading, coming up in regular order, was read a third time.
H. B. 4854, Expert opinions of licensed psychologists in the treatment and evaluation of
children and taking testimony of child witnesses; on third reading, coming up in regular order, was
read a third time.
Delegate Poling stated that her husband was employed by a regional jail and requested to be
excused from voting on the passage of H. B. 2153 under the provisions of House Rule 49.
The Speaker stated that the Gentlelady did not demonstrate a pecuniary interest in the bill and
was a member of a class of persons possible to be affected thereby, and refused to excuse her from
voting.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
On the passage of the bills, the yeas and nays were taken (Roll No. 214), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Moore, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (H. B. 2153, Com. Sub for H. B. 3201, Com. Sub. for H. B. 3295, H. B. 3309,
Com. Sub. for 4053, Com. Sub. for H. B. 4077, Com. Sub. for H. B. 4108, Com. Sub. for H. B.
4135, H. B. 4293, H. B. 4321, H. B. 4370, H. B. 4371, Com. Sub. for H. B. 4379, Com. Sub. for H.
B. 4393, Com. Sub. for H. B. 4398, H. B. 4414, H. B. 4445, Com. Sub. for 4469, H. B. 4474, Com.
Sub. for H. B. 4492, H. B. 4510, Com. Sub. for H. B. 4544, H. B. 4547, H. B. 4556, Com. Sub. for
H. B. 4588, Com. Sub. for 4596, H. B. 4598, H. B. 4623, Com. Sub. for H. B. 4626, Com. Sub. for
H. B. 4636, Com. Sub. for H. B. 4661, H. B. 4678, Com. Sub. for H. B. 4712, H. B. 4739, H. B. 4752, H. B. 4785, H. B. 4848 and H. B. 4854) passed.
An amendment to the title of H. B. 2153, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2153 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931,
as amended, relating to regional jail and correctional facility authority employees; and requiring
classified service designation for certain employees of the regional jails and the northern regional
jail and correctional facility."
An amendment to the title of H. B. 3309, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 3309 - "A Bill to amend and reenact §11-13A-2 of the Code of West Virginia, 1931,
as amended, relating to exempting comprehensive mental health-mental retardation centers from the
severance tax."
An amendment to the title of H. B. 4598, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4598 - "A Bill to amend and reenact §11-1C-14 of the Code of West Virginia, 1931,
as amended; to amend and reenact §11-10-5w of said code; and to amend and reenact §11-13A-3a
of said code, all relating to information provided on oil and gas property tax returns; providing
limited information relating to oil and gas property that may be disclosed by certain state agencies;
and eliminating by the first day of July, two thousand six, the requirement for a combined oil and
gas property tax return."
On motion of Delegate Campbell, the title of H. B. 4623 was amended to read as follows:
H. B. 4623 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §16-2-11 of said code, all relating to reports of inspections of
schools by local boards of health; and authorizing the Commissioner of the Bureau for Public Health
to promulgate and establish standards for these inspections."
Delegate Staton moved that Com. Sub. for H. B. 4077 take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 253), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Moore, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4077) takes effect July 1, 2006.
Delegate Staton moved that Com. Sub. for H. B. 4135 take effect from passage.
On this question, the yeas and nays were taken (Roll No. 254), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Moore, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4135) takes effect from its passage.
Delegate Staton moved that Com. Sub. for H. B. 4393 take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 255), and there were--yeas 92, nays
none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Eldridge, Ferrell, Hatfield, Moore, Schoen, Stevens,Deb
and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. H. B. 4393) takes effect July 1, 2006.
Delegate Staton moved that Com. Sub. for H. B. 4398 take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 256), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Moore, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4398) takes effect July 1, 2006.
Delegate Staton moved that Com. Sub. for H. B. 4544 take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 257), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Moore, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4544) takes effect July 1, 2006.
Delegate Staton moved that Com. Sub. for H. B. 4626 take effect from passage.
On this question, the yeas and nays were taken (Roll No. 258), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Moore, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4626) takes effect from its passage.
Delegate Staton moved that H. B. 4752 take effect from passage.
On this question, the yeas and nays were taken (Roll No. 259), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Moore, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4752) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence on those bills requiring the same.
Second Reading
Com. Sub. for H. B. 4518, Relating to substitute service personnel seniority; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
H. B. 4611, Specifying the method for determining the tax credit; specifying when a credit may be taken; and civil liability immunity for aiding an accident victim; on second reading, coming
up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof, the following language:
"That §15-5-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted
to read as follows:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT.
§15-5-11. Immunity and exemption;'duly qualified emergency service worker' defined.
(a) All functions hereunder and all other activities relating to emergency services are hereby
declared to be governmental functions. Neither the state nor any political subdivision nor any agency
of the state or political subdivision nor, except in cases of willful misconduct, any duly qualified
emergency service worker complying with or reasonably attempting to comply with this article or
any order, rule, regulation or ordinance promulgated pursuant to this article, shall be liable for the
death of or injury to any person or for damage to any property as a result of such activity. This
section shall does not affect the right of any person to receive benefits or compensation to which he
or she would otherwise be entitled under this article, chapter twenty-three of this code, any Act of
Congress or any other law.
(b) Any requirement for a license to practice any professional, mechanical or other skill shall
does not apply to an authorized emergency service worker who shall, in the course of performing his
or her duties, practice such skill during an emergency.
(c) As used in this section, 'duly qualified emergency service worker' means:
(1) Any duly qualified full or part-time paid, volunteer or auxiliary employee of this state,
or any other state, territory, possession or the District of Columbia, of the federal government, of any neighboring country or political subdivision thereof or of any agency or organization performing
emergency services in this state subject to the order or control of or pursuant to the request of the
state or any political subdivision thereof.
(2) Duly qualified instructors and properly supervised students in recognized educational
programs where emergency services are taught. A recognized educational program shall include any
program in an educational institution existing under the laws of this state and such other educational
programs as shall be established by the office of emergency services Division of Homeland Security
and Emergency Management or otherwise under this article.
(3) Any duly qualified mine rescue team designated by a mine operator pursuant to the
provisions of section thirty-five, article one, chapter twenty-two-a of this code who is performing
or engaging in emergency rescue services.
(d) A duly qualified emergency service worker performing his or her duty in this state
pursuant to any lawful agreement, compact or arrangement for mutual aid and assistance to which
the state or a political subdivision is a party shall possess the same powers, duties, immunities and
privileges he or she would possess if performing the same duties in his or her own state, province
or political subdivision thereof."
Delegate Frich requested the Clerk to record her as voting "Nay" on the adoption of the
amendment.
At the request of Delegate Staton, and by unanimous consent, further consideration of the
bill (H. B. 4611) was then temporarily postponed.
Delegate Staton moved that the constitutional rule requiring Com Sub. for H. B. 4518 to be
fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 260), and there were--yeas 95, nays
1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell, Romine, Schoen and Wakim.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 261),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Long, Romine, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4518) passed.
Delegate Staton moved that the bill take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 262), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4518) takes effect July 1, 2006.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Staton asked and obtained unanimous consent to proceed to consideration of
business on the Local Calendar.
Local Calendar
Second Reading
H. B. 4817, Authorizing Harrison County court to use unexpended funds to acquire a new
fire fighter's school building; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"HARRISON COUNTY FIRE FIGHTING FUND.
§1. Harrison County unexpended sums and surpluses; use and disposition for fire fighting
school.
In addition to any and all authority and power heretofore granted to the county court county
commission of Harrison County with respect to the expenditure of unexpended sums and surpluses,
such county court county commission is hereby authorized and empowered to use any unexpended
sums and surpluses, presently or hereafter existing, in the general fund or in any special fund of said
county, for the purpose of creating a special fund to be used for acquiring a new fire fighters' school
building, equipping the building, and, purchasing additional fire fighting equipment or to be applied
toward related grants, including but not limited to use as matching funds on state or federal grants,
the payment of related grant writing salaries, bonuses, costs or fees and grant administration costs
or fees associated with the building of the fire fighters' school building, equipping the building or
purchasing fire fighting equipment."
The bill was then ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 263), and there were--yeas 96, nays
1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, four fifths of the members present and voting having voted in the affirmative, the
constitutional rule was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 264),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4817) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4817 - "A Bill to amend and reenact section 1, chapter 144, Acts of the Legislature,
regular session, 1973, relating to authorizing and empowering the Harrison County Commission to
use any unexpended sums and surpluses for a special fund to be used to acquire a new fire fighters'
school building and fire equipment in Harrison County; allowing such funds to be applied toward
related grant costs and local matching funds associated with the acquired firefighter's school
building and fire equipment."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 265), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4817) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Special Calendar
Third Reading
H. B. 2016, Increasing the maximum number of magistrate court deputy clerks that may be appointed from sixty-two to seventy-two; on third reading, coming up in regular order, with an
amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page three, section nine-a, line twenty-seven, following the words
"shall be paid", by striking out the words "a monthly" and inserting in lieu thereof the words "an
annual".
There being no further amendments, and having been engrossed, the bill was then read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 266),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2016) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2016 - "A Bill to amend and reenact §50-1-9a of the code of West Virginia, 1931, as
amended, relating to the administration of magistrate courts generally; increasing the maximum
number of magistrate court deputy clerks that may be appointed from sixty-two to seventy-two; and
providing that magistrate court deputy clerks be paid on an annual basis."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2090, Clarifying that a "victim" includes that person damaged by acts of juveniles and
increasing liability of parents for criminal acts of their children; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 267),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Thompson, Rick.
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2090) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2146, Relating to payment to magistrates who serve temporarily outside
their elected counties; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 268),
and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Caputo, Ferrell, Schoen, Spencer and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2146) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2306, Requiring that annual reports be recorded on CD-Rom for
distribution; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 269), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2306) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2853, Relating to the West Virginia Courtesy Patrol Program; on third reading, coming
up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
article, designated §17-2D-1,§17-2D-2, §17-2D-3 and §17-2D-4, all to read as follows:
ARTICLE 2D. THE WEST VIRGINIA COURTESY PATROL PROGRAM.
§17-2D-1. Purpose.
The Legislature recognizes the need to provide assistance to motorists who are stranded on
interstate highways and four-lane expressways in the state, especially in the rural areas, from a safety
perspective, in addition to remaining positioned to continue intelligent transportation systems
applications, and meet the state's Homeland Security and Amber Alert initiatives. The Legislature
also recognizes the need to find innovative ways to transition public assistance recipients into self-
sufficient individuals.
In nineteen hundred ninety-eight, as a result of Senate Resolution No. 30, the West Virginia
Division of Highways reinitiated a courtesy patrol program which provides assistance to stranded motorists traveling the state's controlled access expressways and to remove obstacles in the traveled
way which create safety hazards to drivers. The courtesy patrol also provides assistance to law
enforcement and emergency personnel at accident scenes, in an effort to prevent secondary accidents,
additional property damage and additional injuries. Courtesy patrol drivers are also first responders
certified in CPR and first aid.
A task force formed to implement the program recommended the service be provided by a
private contractor and to require the operators to be 'welfare to work' participants.
Several state agencies partnered with the Division of Highways to implement the program
and write the program requirements for the contract, which was advertised for competitive bids.
They include: Department of Health and Human Resources, Bureau of Employment Programs,
Division of Motor Vehicles, Department of Administration-Purchasing Division, Bureau of
Commerce-Tourism Division, Department of Military Affairs and Public Safety-State Police, and
the Department of Education.
The Citizens Conservation Corps of West Virginia, a nonprofit corporation has operated the
West Virginia courtesy patrol under contract with the division of highways since its inception and
is currently operating under contract which began on the twenty-first day of November, two thousand
five and which will expire on the twentieth day of May, two thousand seven. The courtesy patrol
program has been a great success for the State of West Virginia and has accomplished and continues
to accomplish the goals of the program. The West Virginia courtesy patrol is identified by the
United States Department of Labor as a national model for best practices on innovative approaches
to job creation with public assistance recipients transitioning into the work force. The program
possesses one of the highest job retention percentages in the country for a transitional program of
the type. To that extent, the Legislature expresses a desire to continue the current courtesy patrol
program to serve the citizens of the State.
§17-2D-2. Operation and scope of the courtesy patrol program.
(a) The courtesy patrol program administered by the Division of Highways is hereby
continued and shall be administered by the Division of Highways.
(b) The courtesy patrol program, at a minimum, shall include all of the services,
specifications and requirements as are included in the courtesy patrol program provided to the
Division of Highways pursuant to the Division's contract with the Citizens Conservation Corps of
West Virginia, a nonprofit corporation, which was in effect as of the first day of January, two
thousand six, together with all other requirements for the courtesy patrol program set forth in this
article.
(c) The courtesy patrol program shall provide for the patrol of designated areas of highway
looking for and providing assistance to disabled vehicles and stranded motorists. The individuals
in the patrol units will also watch for debris in the roadway, spilled loads, accidents, obstructions to
traffic and other potential hazards or abnormal occurrences, notify appropriate highway and
enforcement personnel of the location and nature of the situation, monitor bridges, overlooks, and
interchanges for suspicious activity, and continue its role in the state's Amber Alert System for
abducted children.
(e) For each fiscal year, the Commissioner of the Division of Highways shall request in the
budget request for the Division of Highways that the Legislature appropriate sufficient funds
necessary for the courtesy patrol program as required by this article. To the extent available, the
Division of Highways shall provide funding for the courtesy patrol program as required in this
article from federal funds.
(f) The Division of Highways shall provide funding to furnish the fleet of vehicles to operate
the courtesy patrol program, funding of other proper motor vehicles as needed, and funding of other
required materials and services necessary for the efficient operation of the courtesy patrol.
(g) The Division of Highways shall provide all necessary equipment for the courtesy patrol
trucks and other vehicles to accomplish the goals and the purpose of this article.
(h) The Division of Highways shall provide all of the gasoline necessary for the operation
of the courtesy patrol program.
§17-2D-3. Program Participants.
(a) The courtesy patrol program shall utilize and employ individuals who are residents of this
state who receive governmental assistance and benefits and individuals who are noncustodial parents
of children who receive governmental assistance from this state and who also meet all other
eligibility requirements of the courtesy patrol program.
(b) The Department of Health and Human Resources shall refer individuals who meet the
eligibility requirements of this section to the courtesy patrol program.
(c) The Department of Health and Human Resources shall ensure that individuals who are
referred to the courtesy patrol program have received certain minimum job readiness training, as
required by the courtesy patrol program prior to being employed in the courtesy patrol program.
(d) The Department of Health and Human Resources shall provide adequate funding for any
expenses for personal equipment required for the courtesy patrol participants for employment in the
courtesy patrol program. The personal equipment includes, but is not to be limited to, uniforms and
pagers. The Department of Health and Human Resources may use funding from any source to meet
the requirements of this subsection, including accounts designated as personal accounts for the
program participants.
(e) The Department of Health and Human Resources may use private contractors, including
the nonprofit corporation chosen to operate the courtesy patrol program to provide the job readiness
training required in subsection (c) of this section.
(g) No participant in the courtesy patrol program will be considered to be an employee of any corporation contracted to operate the courtesy patrol program until they have completed the job
readiness training required in subsection (c), of this section, and have been accepted for employment
by the nonprofit corporation.
(h) The courtesy patrol program is a transitional employment opportunity for the participants
where the participants are employed for two years while they gain the skills necessary to become
gainfully employed outside the courtesy patrol program.
(i) The program participants shall receive at least minimum wage for employment in the
courtesy patrol program after the participants become employed.
§17-2D-4. Courtesy Patrol Commission.
(a) There is created within the Division of Highways the Courtesy Patrol Commission to
study the status of the current courtesy patrol program, study and recommend ways to improve the
effectiveness and efficiency of the program, including providing continuous patrolling of the
highways in the program, and to identify and recommend sources of funding for the courtesy patrol
program.
(b) Membership of the commission consists of the Secretary of the Department of Health and
Human Resources, the Commissioner of the Division of Highways and the chairperson of the
Division of Tourism. Each ex officio member may appoint a designee. Membership shall also
include one member of the House of Delegates, appointed by the Speaker and one member of the
Senate, appointed by the President, who shall serve as non-voting members. Also, the Governor
shall appoint four citizen members, no more than two of whom shall be from each congressional
district of the state. The Governor shall appoint a chairperson of the commission.
(c) The commission shall meet at times and places as it finds necessary and shall be staffed
by the Division of Highways.
(d) Each member of the Commission is entitled to receive compensation and expense reimbursement for attending official meetings or engaging in official duties not to exceed the amount
paid to members of the Legislature for their interim duties as recommended by the Citizens
Legislative Compensation Commission and authorized by law. A commission member may not
receive compensation for travel days that are not on the same day as the official meeting or official
duties.
(e) The commission shall study the current status of the courtesy patrol program, and shall
formulate recommendations of potential means to improve the effectiveness and efficiency of the
program and to provide continuous patrol of the roads included in the program and shall also study
and make recommendations of additional or alternative sources of funding for the program.
(f) The commission shall submit a report of its findings and recommendations to the
Legislature by the first day of January, two thousand seven.
(g) The commission ceases to exist on the thirty-first day of March, two thousand seven."
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 270),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2853) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2853 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3 and §17-2D-4, all relating to the
West Virginia Courtesy Patrol; providing a purpose; continuing the courtesy patrol program, administered by the division of Highways; creating the courtesy patrol commission; providing for
membership and compensation of members; providing that the commission report its findings and
recommendations to the Legislature."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2974, Eliminating a gap in employment for certain Alcohol Beverage Control
Commission employees subject to a reduction in force and who are reemployed; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 271),
and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Blair, Brown, Carmichael, Lane and Sobonya.
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2974) passed.
Delegate Staton moved that the bill take effect from its passage .
On this question, the yeas and nays were taken (Roll No. 272), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2974) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 3186, Establishing an Industrial Advisory Board to oversee the application process for pest control certification exams; on third reading, coming up in regular order,
was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 273),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3186) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4023, Raising the minimum wage in accordance with legislation now
pending before Congress; on third reading, coming up in regular order, with an amendment pending,
was reported by the Clerk.
The Speaker explained to the members that Delegate Wakim had heretofore spoken with the
Clerk on yesterday evening, stating that he would not be present at today's session and was desirous
of withdrawing his amendment.
In view of the foregoing, Delegate Trump then asked and obtained unanimous consent that
the amendment offered by Delegate Wakim be withdrawn.
There being no amendments and having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 274),
and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Blair, Carmichael, Frich, Howard, Overington, Roberts, Sobonya, Stevens,Deb, Sumner and Trump.
Absent And Not Voting: Ferrell, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4023) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4030, Relating to limiting the administration of a Voluntary
Contribution Fund or similar benefit plan by members and employees of the West Virginia State
Police; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 275),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4030) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4031, Relating to the Purchasing Division of the Department of
Administration; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 276),
and there were--yeas 70, nays 26, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Anderson, Armstead, Blair, Border, Brown, Butcher, Canterbury, Carmichael, Duke,
Eldridge, Frederick, Frich, Hall, Hamilton, Howard, Hrutkay, Lane, Long, Overington, Roberts, Sobonya, Stevens, Sumner, Tansill, Trump and Walters.
Absent And Not Voting: Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4031) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4119, Creating the ATV Responsibility Act; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 277),
and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Caputo, Longstreth, Manchin and Miley.
Absent And Not Voting: Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4119) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4121, Enhancing the penalty for indecent exposure where the victim is a child under
the age of fourteen; on third reading, coming up in regular order, with an amendment pending, was
reported by the Clerk.
Delegate Brown asked and obtained unanimous consent that her previously filed amendment
be withdrawn.
There being no amendments and having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 278), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4121) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4126, Relating to retention of seniority for the purpose of seeking
reemployment for professional employees whose employment with a county board of education was
terminated voluntarily; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 279),
and there were--yeas 89, nays 6, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Carmichael, Lane, Overington, Tansill and Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4126) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4172, Authorizing the Department of Administration to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 280),
and there were--yeas 80, nays 15, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Blair, Border, Brown, Duke, Frich, Hall, Lane, Louisos, Overington,
Roberts, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4172) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 281), and there were--yeas 90, nays
5, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Duke, Louisos, Sobonya, Sumner and Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4172) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4192, Authorizing the Department of Military Affairs and Public Safety
to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 282),
and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Blair, Lane, Louisos and Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4192) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 283), and there were--yeas 93, nays
2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Louisos and Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4192) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4210, Authorizing the Department of Commerce to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 284),
and there were--yeas 75, nays 20, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ashley, Blair, Border, Carmichael, Duke, Frich, Hall, Lane, Leggett,
Louisos, Overington, Porter, Roberts, Sobonya, Stevens,Deb, Sumner, Tansill, Thompson, Rick and
Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4210) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 285), and there were--yeas 84, nays
11, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Duke, Frich, Hall, Louisos, Sobonya, Stevens, Sumner, Tansill and
Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4210) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4276, Updating the regulation of the practice of landscape architecture;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 286),
and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Carmichael, Lane, Overington, Porter, Roberts, Sobonya, Stevens, Sumner
and Tansill.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4276) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4279, Relating to the Massage Therapy Licensure Board; on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 287),
and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Lane and Trump.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4279) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4351, Providing State Treasury Fire Protection Fund revenue to the
West Virginia State Fire Chiefs Association and the West Virginia State Fireman's Association; on
third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
On motion of Delegate Michael, the bill was amended on page ten, section thirty-three, line
one hundred fifty-one, following the words "this subsection" and the semi-colon, by inserting the
word "and".
On page ten, section thirty-three, beginning on line one hundred fifty-two, by striking out all
of subparagraphs (v) and (vi) and inserting in lieu thereof the following:
"(v) The association has reported its expenditure of prior funds received under this subsection
in the manner required of volunteer and part-volunteer fire departments receiving formula
distributions under this section by the provisions of section fourteen, article four, chapter twelve of
this code."
And,
On page eleven, section thirty-three, beginning on line one hundred sixty-seven, following
the word "expenses" and the period, by striking out the remainder of the subsection.
There being no further amendment and having been engrossed, the bill was then read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 288),
and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Barker and Eldridge.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4351) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4360, Authorizing law-enforcement officials to deputize law-enforcement personnel
employed by out-of-state jurisdictions; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 289),
and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Lane and Trump.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4360) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4384, Requiring county clerks to notify property owners of the
existence of a lien filed against their property; on third reading, coming up in regular order, was read
a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 290),
and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Barker, Blair, Hall, Trump and Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4384) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4473, Establishing the "Money Follows the Person Act"; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 291),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Lane, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4473) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 292), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4473) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4490, Relating generally to the regulation of selling new or used
vehicles; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 293),
and there were--yeas 88, nays 7, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Carmichael, Hrutkay, Lane, Louisos, Martin and Trump.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4490) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4494, Finding and declaring certain claims against the state and its agencies to be moral
obligations of the state; on third reading, coming up in regular order, was read a third time.
Delegates Manchin and Lane requested to be excused from voting on the passage of the bill
under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 294),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4494) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 295), and there were--yeas 94, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Cann, Ferrell, Perdue, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4494) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4498, Relating to fees for licensing of money service businesses; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 296),
and they were yeas 74, nays 26, absent and not voting 5, with the nays and not voting being as
follows:
NAYS: Anderson, Armstead, Blair, Carmichael, Duke, Eldridge, Evans, Lane, Leggett,
Louisos, Overington, Porter, Romine, Schadler, Sobonya, Spencer, Stevens, Sumner, Tansill,
Walters and White, G.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4498) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4513, Permitting insurance fraud investigators to present criminal
complaints directly to a magistrate and to extend the statute of limitations for certain insurance
related misdemeanors to three years; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 297),
and there were--yeas 89, nays 6, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Caputo, Eldridge, Lane, Longstreth, Manchin and Martin.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4513) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4562, Prescribing certain requirements for a license to practice
embalming and funeral directing; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 298),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4562) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4580, Creating the "special district excise tax administration fund" in the State
Treasury; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 299),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4580) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4582, Relating to leasing of property held by the Division of Highways; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 300),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4582) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4595, Authorizing the Board of Treasury Investments to retain, rather than require it
to retain, one employee with a chartered financial analyst designation; on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 301),
and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Butcher, Ferrell, Perdue, Romine, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4595) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4601, Increasing the amount transferred to the Special Operating Fund
in the State Treasury for the Auditor's Public Utilities Division and dedicate the increased amount
to pay for public utility litigation expenses; on third reading, coming up in regular order, with an
amendment pending, was reported by the Clerk.
On motion of Delegate Michael, the bill was amended on page one, following the enacting
section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 6. ASSESSMENT OF PUBLIC SERVICE BUSINESSES.
§11-6-26. Operating fund for public utilities division in auditor's office.
The auditor shall establish a special operating fund in the state treasury for the public utilities
division in his or her office. The auditor shall pay into the fund one and three eighths percent of the
gross receipts of all moneys collected as provided for in this article. Up to one percent of the gross
receipts shall be transferred from the operating fund to the tax loss restoration fund created in section
twenty-seven of this article. From the operating fund, the auditor shall reimburse the department of
tax division and revenue for the actual operating expenses incurred in the performance of its duties
required by this article the reimbursement to the tax department from the fund shall not exceed fifty
percent of three eighths of one percent of the annual deposits to the fund. not to exceed fifty percent
of the fund balance after annual transfers to the tax loss restoration fund. Any moneys remaining
in the special operating fund after reimbursement to the tax department annual transfers to the tax
loss restoration fund shall be used by the tax division and the auditor for funding the operation of
the public utilities division located in his or her office their offices. On the thirty-first day of July in each fiscal year, if the balance in the operating fund exceeds one percent of gross revenues plus
fifty thousand dollars, the excess shall be withdrawn from the special fund and deposited in the
general fund of the state."
There being no further amendments and having been engrossed, the bill was then read a third
time.
On the passage of the bills, the yeas and nays were taken (Roll No. 302), and there were--yeas
93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Butcher, Ferrell, Perdue, Romine, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4601) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4606, Removing the requirement that complaints against licensees under the Real
Estate Licensing Act be verified; on third reading, coming up in regular order, was read a third time.
Delegates Azinger, Beach, Campbell, Canterbury, Doyle, Hall, Sobonya, Stevens, Tucker ,
G. White and Wysong requested to be excused from voting on the passage of the bill under the
provisions of House Rule 49.
The Speaker refused to excuse the members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 303),
and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Iaquinta and Trump.
Absent And Not Voting: Butcher, Ferrell, Perdue, Romine, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4606) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4616, Encouraging consistent statutory construction of state and federal consumer
protection laws; on third reading, coming up in regular order, was, on motion of Delegate Staton,
postponed.
H. B. 4622, Increasing coal bed methane permit fees; on third reading, coming up in regular
order, with an amendment pending, was reported by the Clerk.
An amendments, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following language:
"That §22-6-26 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §22-21-6 and §22-21-8 of said code be amended and reenacted, all to read as follows:
ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS; ADMINISTRATION;
ENFORCEMENT.
§22-6-26. Performance bonds; corporate surety or other security.
(a) No permit shall be issued pursuant to this article unless a bond as described in subsection
(d) of this section which is required for a particular activity by this article is or has been furnished as provided in this section.
(b) A separate bond as described in subsection (d) of this section may be furnished for a
particular oil or gas well, or for a particular well for the introduction of liquids for the purposes
provided in section twenty-five of this article. A separate bond as described in subsection (d) of this
section shall be furnished for each well drilled or converted for the introduction of liquids for the
disposal of pollutants or the effluent therefrom. Every such bond Each of these bonds shall be in the
sum of ten five thousand dollars, payable to the State of West Virginia, conditioned on full
compliance with all laws, rules relating to the drilling, redrilling, deepening, casing and stimulating
of oil and gas wells (or, if applicable, with all laws, rules relating to drilling or converting wells for
the introduction of liquids for the purposes provided for in section twenty-five of this article or for
the introduction of liquids for the disposal of pollutants or the effluent therefrom) and to the
plugging, abandonment and reclamation of wells and for furnishing such reports and information as
may be required by the director.
(c) When an operator makes or has made application for permits to drill or stimulate a
number of oil and gas wells or to drill or convert a number of wells for the introduction of liquids
for the purposes provided in section twenty-five of this article, the operator may in lieu of furnishing
a separate bond furnish a blanket bond in the sum of fifty thousand dollars, payable to the State of
West Virginia, and conditioned as aforesaid in subsection (b) of this section.
(d) The form of the bond required by this article shall be approved by the director and may
include, at the option of the operator, surety bonding, collateral bonding (including cash and
securities) letters of credit, establishment of an escrow account, self-bonding or a combination of
these methods. If collateral bonding is used, the operator may elect to deposit cash, or collateral
securities or certificates as follows: Bonds of the United States or its possessions, of the federal land
bank, or the homeowners' loan corporation; full faith and credit general obligation bonds of the State of West Virginia, or other states, and of any county, district or municipality of the State of West
Virginia or other states; or certificates of deposit in a bank in this state, which certificates shall be
in favor of the division. The cash deposit or market value of such securities or certificates shall be
equal to or greater than the amount of the bond. The director shall, upon receipt of any such deposit
of cash, securities or certificates, promptly place the same with the treasurer of the State of West
Virginia whose duty it shall be to receive and hold the same in the name of the state in trust for the
purpose of which the deposit is made when the permit is issued. The operator shall be entitled to
all interest and income earned on the collateral securities filed by such operator. The operator
making the deposit shall be entitled from time to time to receive from the State Treasurer, upon the
written approval of the director, the whole or any portion of any cash, securities or certificates so
deposited, upon depositing with the Treasurer in lieu thereof, cash or other securities or certificates
of the classes herein specified having value equal to or greater than the amount of the bond.
(e) When an operator has furnished a separate bond from a corporate bonding or surety
company to drill, fracture or stimulate an oil or gas well and the well produces oil or gas or both, its
operator may deposit with the director cash from the sale of the oil or gas or both until the total
deposited is ten five thousand dollars. When the sum of the cash deposited is ten five thousand
dollars, the separate bond for the well shall be released by the director. Upon receipt of such cash,
the director shall immediately deliver the same to the Treasurer of the State of West Virginia. The
Treasurer shall hold such cash in the name of the state in trust for the purpose for which the bond
was furnished and the deposit was made. The operator shall be entitled to all interest and income
which may be earned on the cash deposited so long as the operator is in full compliance with all
laws, rules relating to the drilling, redrilling, deepening, casing, plugging, abandonment and
reclamation of the well for which the cash was deposited and so long as the operator has furnished
all reports and information as may be required by the director. If the cash realized from the sale of oil or gas or both from the well is not sufficient for the operator to deposit with the director the sum
of ten thousand dollars within one year of the day the well started producing, the corporate or surety
company which issued the bond on the well may notify the operator and the director of its intent to
terminate its liability under its bond. The operator then shall have thirty days to furnish a new bond
from a corporate bonding or surety company or collateral securities or other forms of security, as
provided in the next preceding paragraph of this section with the director. If a new bond or collateral
securities or other forms of security are furnished by the operator, the liability of the corporate
bonding or surety company under the original bond shall terminate as to any acts and operations of
the operator occurring after the effective date of the new bond or the date the collateral securities or
other forms of security are accepted by the Treasurer of the State of West Virginia. If the operator
does not furnish a new bond or collateral securities or other forms of security, as provided in the next
preceding paragraph of this section, with the director, the operator shall immediately plug, fill and
reclaim the well in accordance with all of the provisions of law and rules applicable thereto. In such
case, the corporate or surety company which issued the original bond shall be liable for any plugging,
filling or reclamation not performed in accordance with such laws and rules.
(f) Any separate bond furnished for a particular well prior to the effective date of this chapter
shall continue to be valid for all work on the well permitting prior to the eleventh day of July, one
thousand nine hundred eighty-five; but no permit shall hereafter be issued on such a particular well
without a bond complying with the provisions of this section. Any blanket bond furnished prior to
the eleventh day of July, one thousand nine hundred eighty-five shall be replaced with a new blanket
bond conforming to the requirements of this section, at which time the prior bond shall be discharged
by operation of law; and if the director determines that any operator has not furnished a new blanket
bond, the director shall notify the operator by certified mail, return receipt requested, of the
requirement for a new blanket bond; and failure to submit a new blanket bond within sixty days after receipt of the notice from the director shall work a forfeiture under subsection (i) of this section of
the blanket bond furnished prior to the eleventh day of July, one thousand nine hundred eighty-five.
(g) Any such bond shall remain in force until released by the director and the director shall
release the same upon satisfaction that the conditions thereof have been fully performed. Upon the
release of any such bond, any cash or collateral securities deposited shall be returned by the director
to the operator who deposited same.
(h) Whenever the right to operate a well is assigned or otherwise transferred, the assignor or
transferor shall notify the department of the name and address of the assignee or transferee by
certified mail, return receipt requested, not later than five days after the date of the assignment or
transfer. No assignment or transfer by the owner shall relieve the assignor or transferor of the
obligations and liabilities unless and until the assignee or transferee files with the department the
well name and the permit number of the subject well, the county and district in which the subject
well is located, the names and addresses of the assignor or transferor, and assignee or transferee, a
copy of the instrument of assignment or transfer accompanied by the applicable bond, cash, collateral
security or other forms of security, described in section twelve, fourteen, twenty-three or twenty-six
of this article, and the name and address of the assignee's or transferee's designated agent if assignee
or transferee would be required to designate such an agent under section six of this article, if assignee
or transferee were an applicant for a permit under said section six. Every well operator required to
designate an agent under this section shall within five days after the termination of such designation
notify the department of such termination and designate a new agent.
Upon compliance with the requirements of this section by assignor or transferor and assignee
or transferee, the director shall release assignor or transferor from all duties and requirements of this
article, and the deputy director shall give written notice of release unto assignor or transferor of any
bond and return unto assignor or transferor any cash or collateral securities deposited pursuant to section twelve, fourteen, twenty-three or twenty-six of this article.
(i) If any of the requirements of this article or rules promulgated pursuant thereto or the
orders of the director have not been complied with within the time limit set by the violation notice
as defined in sections three, four and five of this article, the performance bond shall then be forfeited.
(j) When any bond is forfeited pursuant to the provisions of this article or rules promulgated
pursuant thereto, the director shall give notice to the Attorney General who shall collect the forfeiture
without delay.
(k) All forfeitures shall be deposited in the Treasury of the State of West Virginia in the
special reclamation fund as defined in section twenty-nine of this article.
ARTICLE 21. COALBED METHANE WELLS AND UNITS.
§22-21-6. Permit required for coalbed methane well; permit fee; application; soil erosion
control plan; penalties.
(a) It is unlawful for any person to commence, operate, deepen or stimulate any coalbed
methane well, to conduct any horizontal drilling of a well commenced from the surface for the
purpose of commercial production of coalbed methane, or to convert any existing well, vent hole or
other hole to a coalbed methane well, including in any case site preparation work which involves any
disturbance of land, without first securing from the chief a permit pursuant to this article.
(b) Every permit application filed under this section shall be verified and shall contain the
following:
(1) The names and addresses of (i) the well operator, (ii) the agent required to be designated
under subsection (e) of this section, and (iii) every person or entity whom the applicant must notify
under any section of this article;
(2) The name and address of each coal operator and each coal owner of record or providing
a record declaration of notice pursuant to section thirty-six, article six of this chapter of any coal seam which is (i) to be penetrated by a proposed well, (ii) within seven hundred fifty horizontal feet
of any portion of the proposed well bore; or (iii) within one hundred vertical feet of the designated
completion coal seams of the proposed well, except that in the case of an application to convert a
ventilation hole to a gob well, the name and address only of such owner or operator of the seams to
be penetrated by a proposed well shall be necessary;
(3) The well name or such other identification as the chief may require;
(4) The approximate depth to which the well is to be drilled, deepened or converted, the coal
seams (stating the depth and thickness of each seam) in which the well will be completed for
production, and any other coal seams (including the depth and thickness of each seam) which will
be penetrated by the well;
(5) A description of any means to be used to stimulate the well;
(6) If the proposed well will require casing or tubing to be set, the entire casing program for
the well, including the size of each string of pipe, the starting point and depth to which each string
is to be set, and the extent to which each such string is to be cemented;
(7) If the proposed operation is to convert an existing well, as defined in section one, article
six of this chapter, or to convert a vertical ventilation hole to a coalbed methane well, all information
required by this section, all formations from which production is anticipated, and any plans to plug
any portion of the well;
(8) Except for a gob well or vent hole proposed to be converted to a well, if the proposed
coalbed methane well will be completed in some but not all coal seams for production, a plan and
design for the well which will protect all workable coal seams which will be penetrated by the well;
(9) If the proposed operations will include horizontal drilling of a well commenced on the
surface, a description of such operations, including both the vertical and horizontal alignment and
extent of the well from the surface to total depth;
(10) Any other relevant information which the chief may require by rule.
(c) Each application for a coalbed methane well permit shall be accompanied by the
following:
(1) The applicable bond prescribed by section eight of this article;
(2) A permit application fee of two six hundred fifty dollars;
(3) The erosion and sediment control plan required under subsection (d) of this section;
(4) The consent and agreement of the coal owner as required by section seven and, if
applicable, section twenty of this article;
(5) A plat prepared by a licensed land surveyor or registered engineer showing the district
and county in which the drill site is located, the name of the surface owner of the drill site tract, the
acreage of the same, the names of the surface owners of adjacent tracts, the names of all coal owners
underlying the drill site tract, the proposed or actual location of the well determined by a survey, the
courses and distances of such location from two permanent points or landmarks on said tract, the
location of any other existing or permitted coalbed methane well or any oil or gas well located within
two thousand five hundred feet of the drill site, the number to be given the coalbed methane well,
the proposed date for completion of drilling, the proposed date for any stimulation of the well, and
if horizontal drilling of a well commenced on the surface is proposed, the vertical and horizontal
alignment and extent of the well;
(6) A certificate by the applicant that the notice requirements of section nine of this article
have been satisfied by the applicant. Such certification may be by affidavit of personal service, or
the return receipt card, or other postal receipt, for certified mailing.
(d) An erosion and sediment control plan shall accompany each application for a permit.
Such plan shall contain methods of stabilization and drainage, including a map of the project area
indicating the amount of acreage disturbed. The erosion and sediment control plan shall meet the minimum requirements of the West Virginia erosion and sediment control manual as adopted and
from time to time amended by the office of oil and gas in consultation with the several soil
conservation districts pursuant to the control program established in this state through section 208
of the federal Water Pollution Control Act Amendments of 1972 [33 U.S.C. 1288]. The erosion and
sediment control plan shall become part of the terms and conditions of a permit and the provisions
of the plan shall be carried out where applicable in operations under the permit. The erosion and
sediment control plan shall set out the proposed method of reclamation which shall comply with the
requirements of section thirty, article six of this chapter.
(e) The well operator named in such application shall designate the name and address of an
agent for such operator who shall be the attorney-in-fact for the operator and who shall be a resident
of the state of West Virginia, upon whom notices, orders or other communications issued pursuant
to this article may be served, and upon whom process may be served. Every well operator required
to designate an agent under this section shall within five days after the termination of such
designation notify the office of such termination and designate a new agent.
(f) The well owner or operator shall install the permit number as issued by the chief in a
legible and permanent manner to the well upon completion of any permitted work. The dimensions,
specifications and manner of installation shall be in accordance with the rules of the chief.
(g) The chief shall deny the issuance of a permit if he or she determines that the applicant has
committed a substantial violation of a previously issued permit, including the erosion and sediment
control plan, or a substantial violation of one or more of the rules promulgated hereunder, and has
failed to abate or seek review of the violation. In the event that the chief finds that a substantial
violation has occurred with respect to existing operations and that the operator has failed to abate
or seek review of the violation in the time prescribed, he or she may suspend the permit on which
said violation exists, after which suspension the operator shall forthwith cease all work being conducted under the permit until the chief reinstates the permit, at which time the work may be
continued. The chief shall make written findings of any such determination made by him or her and
may enforce the same in the circuit courts of this state and the operator may appeal such suspension
pursuant to the provisions of section twenty-five of this article. The chief shall make a written
finding of any such determination.
(h) Any person who violates any provision of this section shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not more than five thousand dollars, or be imprisoned
in the county jail not more than twelve months, or both fined and imprisoned.
§22-21-8. Performance bonds; corporate surety or other security.
(a) No permit shall be issued pursuant to this article unless a bond is or has been furnished
as provided in this section.
(b) A separate bond may be furnished for a particular coalbed methane well in the sum of ten
five thousand dollars, payable to the State of West Virginia, conditioned on full compliance with all
laws and rules relating to the drilling, operation and stimulation of such wells, to the plugging,
abandonment and reclamation thereof, and for furnishing such reports and information as may be
required by the chief.
(c) When an operator makes or has made application for permits to drill, operate or stimulate
more than one coalbed methane well or a combination of coalbed methane wells and wells regulated
under article one, chapter twenty-two-b of this code, the operator may in lieu of furnishing a separate
bond furnish a blanket bond in the sum of fifty thousand dollars, payable to the State of West
Virginia, and conditioned as stated in subsection (b) of this section.
(d) All bonds submitted hereunder shall have a corporate bonding or surety company
authorized to do business in the State of West Virginia as surety thereon, or in lieu of a corporate
surety, the operator may elect to deposit with the chief cash, collateral securities or any combination thereof as provided for in subsection (d), section twenty-six, article six of this chapter.
(e) For purposes of bonding requirements, a coalbed methane well shall be treated as a well,
as defined and regulated in article one, chapter twenty-two-b of this code, and the provisions of
subsections (e), (g), (h), (i) and (j) of section twenty-six thereof shall apply."
Delegates Armstead and Stemple requested to be excused from voting on the passage of the
bill under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
There being no further amendments and having been engrossed, the bill was then read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 304),
and there were--yeas 86, nays 8, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Hall, Kominar, Louisos, Sobonya, Sumner, Tucker, Walters and White, H.
Absent And Not Voting: Butcher, Ferrell, Perdue, Romine, Schoen, and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4622) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4622 - "A Bill to amend and reenact §22-6-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-21-6 and §22-21-8 of said code, all relating to oil and gas
well and methane gas well performance bonds; reducing bond amounts; and increasing certain
permit fees."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4630, Creating a Voluntary Compliance Program based on listed
transactions considered abusive by the Internal Revenue Serviceon third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 305),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Romine, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4630) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4651, Relating to continuing the statewide poison center generally; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 306),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Romine, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4651) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4654, Relating to the West Virginia Retiree Health Benefit Trust Fund; on third
reading, coming up in regular order, was, on motion of Delegate Staton, temporarily postponed.
H. B. 4685, Arthritis Prevention Education Act; on third reading, coming up in regular order,
with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page six, section three, line six, following the word "education", by
striking the comma and inserting the word "and".
And,
On page six, section three, line six, following the word "welfare", by striking out the
remainder of the sentence.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 307),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Romine, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4685) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4695, Relating to residential rental security deposits; on third reading,
coming up in regular order, was read a third time.
Delegates Ellem, Iaquinta, Louisos, Tucker and G. White requested to be excused from voting on the passage of the bill under the provisions of House Rule 49.
The Speaker stated that the foregoing members were of a class of persons to be affected by
the passage of the bill and refused to excuse them from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 308),
and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting
being as follows:
Nays: Walters.
Absent And Not Voting: Butcher, Ferrell, Perdue, Romine, Schadler, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4695) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4721, Relating to the authorization of special messengers appointed by the County
Clerk to deliver the ballot box to the central county center; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 309),
and there were--yeas 82, nays 13, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Blair, Border, Duke, Hall, Lane, Leggett, Overington, Porter, Roberts, Romine,
Sobonya, Stevens and Sumner.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4721) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 310), and there were--yeas 85, nays
10, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Blair, Duke, Frich, Hall, Overington, Porter, Roberts, Sobonya, Stevens and Sumner.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4721) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4746, Requiring persons who have been convicted of a felony involving the use or
threatened use of a firearm to report to sheriff when visiting a county courthouse; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 311),
and there were--yeas 65, nays 29, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Anderson, Barker, Blair, Border, Cann, Canterbury, Carmichael, Duke, Eldridge,
Ellem, Frich, Hall, Hartman, Iaquinta, Lane, Miley, Overington, Porter, Proudfoot, Roberts, Rowan,
Schadler, Spencer, Stevens, Sumner, Tansill, Trump, Walters and White, G.
Absent And Not Voting: Butcher, Ferrell, Fragale, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4746) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4753, Relating to regulation and procedures for the cleanup of clandestine drug
laboratories; on third reading, coming up in regular order, was, on motion of Delegate Staton,
postponed.
H. B. 4774, Allowing the Secretary of State's Office to amend it rule to allow for the sale of
the code of state rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 312),
and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Tabb.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4774) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4790, Prescribing and modifying the duties of the Secretary of the
Department of Health and Human Resources in child welfare placement;on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 313),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4790) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4792, Authorizing the purchasing of certain services from a bank or trust company or
an affiliate of a bank or trust company; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 314),
and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ellem, Lane and Louisos.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4792) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4842, Relating to the Skiing Responsibility Act; on third reading, coming up in regular
order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"That §20-3A-2 and §20-3A-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 §20-3A-9,
all to read as follows:
ARTICLE 3A. SKIING RESPONSIBILITY ACT.
§20-3A-2. Definitions.
Unless the context of usage clearly requires otherwise:
(a) 'Aerial passenger tramway' means any device operated by a ski area operator used to
transport passengers, by single or double reversible tramway; chair lift or gondola lift; T-bar lift, J-
bar lift, platter lift, conveyor lift or similar device; or a fiber rope tow.
(b) 'Competitor' means a skier actually engaged in competition, a special event, or training
or practicing for competition or a special event on any portion of the area made available by the ski
area operator.
(c) 'Freestyle terrain' includes, but is not limited to, terrain parks and terrain park features
such as jumps, rails, fun boxes, and all other constructed and natural features, half-pipes, quarter
pipes, and freestyle-bump terrain.
(b) (d) 'Passenger' means any person who is lawfully using an aerial passenger tramway, or
is waiting to embark or has recently disembarked from an aerial passenger tramway and is in its
immediate vicinity.
(c) (e) 'Ski area' means any property owned or leased and under the control of the ski area
operator or operators within West Virginia.
(d) (f) 'Ski area operator' means any person, partnership, corporation or other commercial
entity and their agents, officers, employees or representatives, or the State of West Virginia, or any
political subdivision thereof, who has operational responsibility for any ski area or aerial passenger
tramway.
(e) (g) 'Skiing area' means all ski slopes and trails not including any aerial passenger
tramway.
(f) (h) 'Skier' means any person present at a skiing area under the control of a ski area
operator for the purpose of engaging in the sport of skiing by utilizing in locations designated as the
ski slopes and trails, but does not include a passenger using an aerial passenger tramway.
(i) 'Skiing' means sliding downhill or jumping on snow or ice on skis, a toboggan, a sled,
a tube, a snowbike, a snowboard, or any other device by utilizing any of the facilities of the ski area.
(g) (j) 'Ski slopes and trails' means all ski slopes or trails and adjoining skiable terrain,
including all their edges and features, and those areas designated by the ski area operator to be used
by skiers for the purpose of participating in the sport of skiing in areas designated for that type of
skiing activity. Ski slopes and trails shall be designated on trail maps, if provided, and by signs
indicating to the skiing public the designated skiing activity for skiing areas.
§20-3A-5. Duties of skiers.
(a) It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all
feasible safety measures which can be taken. Each skier expressly assumes the risk of and legal
responsibility for any injury, loss or damage to person or property which results from participation
in the sport of skiing including, but not limited to, any injury, loss or damage caused by the
following: Variations in terrain uncluding freestyle terrain; surface or subsurface snow or ice
conditions; bare spots, rocks, trees, other forms of forest growth or debris; collisions with pole lines,
lift towers or any component thereof; or, collisions with snowmaking equipment which is marked
by a visible sign or other warning implement in compliance with section three of this article. Each
skier shall have the sole individual responsibility for knowing the range of his or her own ability to
negotiate any ski slope or trail, and it shall be the duty of each skier to ski within the limits of the
skier's own ability, to maintain reasonable control of speed and course at all times while skiing, to
heed all posted warnings, to ski only on a skiing area designated by the ski area operator and to
refrain from acting in a manner which may cause or contribute to the injury of anyone. If while
actually skiing, any skier collides with any object or person, except an obviously intoxicated person
of whom the ski area operator is aware, the responsibility for such collision shall be solely that of
the skier or skiers involved and not that of the ski area operator.
(b) No person shall place any object in the skiing area or on the uphill track or any aerial
passenger tramway which may cause a passenger or skier to fall;.
(c) No skier shall or which crosses cross the track of any T-bar lift, J-bar lift, platter lift,
conveyor lift or similar device, or a fiber rope tow except at a designated location, nor shall any skier
place any object in such an uphill track;
(d) No nor shall any person involved in a skiing accident shall depart the ski area without
leaving personal identification, including name and address, with an employee of the ski area
operator or without notifying the proper authorities or without obtaining assistance when that person
knows or reasonably should know that any other person involved in the accident is in need of
medical or other assistance.
(e) A ski or snowboard used by a skier while skiing or snowboarding shall be equipped with
a strap or other device capable of stopping the ski or snowboard should the ski or snowboard detach
from the skier. No skier shall fail to wear retention straps or other devices to help prevent runaway
skis or snowboards. This requirement shall not apply to cross country skis.
(f) Each skier has the duty to maintain control of his or her speed and course at all times
when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects.
However, the primary duty shall be on the person skiing downhill to avoid collision with any person
or objects below him or her.
(g) No skier shall ski on a ski slope or trail that has been posted as 'Closed.'
(h) No skier shall use any ski slope while such person's ability to do so is impaired by the
consumption of alcohol or by the use of any controlled substance or other drug or while such person
is under the influence of alcohol or any controlled substance or other drug.
(i) Each skier has the duty to heed all posted information and other warnings.
(j) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty to avoid moving skiers already on the ski slope or trail.
§20-3A-9. Competition.
(a) The ski area operator shall, prior to use of any portion of the area made available by the
ski area operator, allow each competitor the opportunity to conduct a reasonable visual inspection
of the ski slopes and trails or freestyle terrain used in the competition.
(b) The competitor shall be held to assume the risk of all ski slopes and trails or freestyle
terrain conditions including, but not limited to, weather and snow conditions; obstacles, course or
feature location, construction or layout, freestyle terrain configuration and conditions; and other
courses, layouts, or configurations of the area to be used. No liability shall attach to a ski area
operator for injury or death to any competitor caused by course, venue, or area conditions that a
visual inspection should have revealed or by collisions with other competitors."
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 315),
and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Sobonya.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen, Talbott and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4842) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4844, Service credit for certain temporary legislative; on third reading, coming up in
regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page seven, section fourteen, line three, following the words "Joint
Committee employees", by inserting the words "whose terms of employment are otherwise classified
as temporary".
On page ten, following line eight, by inserting the following:
"§5-10-48. Reemployment after retirement; options for holder of elected public office.
(a) The Legislature finds that a compelling state interest exists in maintaining an actuarially
sound retirement system and that this interest necessitates that certain limitations be placed upon an
individual's ability to retire from the system and to then later return to state employment as an
employee with a participating public employer while contemporaneously drawing an annuity from
the system. The Legislature hereby further finds and declares that the interests of the public are
served when persons having retired from public employment are permitted, within certain
limitations, to render post-retirement employment in positions of public service, either in elected or
appointed capacities. The Legislature further finds and declares that it has the need for qualified
employees and that in many cases an employee of the Legislature will retire and be available to
return to work for the Legislature as a per diem employee. The Legislature further finds and declares
that in many instances these employees have particularly valuable expertise which the Legislature
cannot find elsewhere. The Legislature further finds and declares that reemploying these persons
on a limited per diem basis after they have retired is not only in the best interests of this state, but
has no adverse effect whatsoever upon the actuarial soundness of this particular retirement system.
(a)(b) For the purposes of this section: (1) 'Regularly employed on a full-time basis' means
employment of an individual by a participating public employer, in a position other than as an
elected or appointed public official, which normally requires twelve months per year service and/or
requires at least one thousand forty hours of service per year in that position; (2) 'temporary full-time
employment or temporary part-time employment' means employment of an individual on a temporary or provisional basis by a participating public employer, other than as an elected or
appointed public official, in a position which does not otherwise render the individual as regularly
employed; (3) 'former employee of the Legislature' means any person who has retired from
employment with the Legislature and who has at least ten years contributing service with the
Legislature; and (4) 'reemployed by the Legislature' means a former employee of the Legislature
who has been reemployed on a per diem basis not to exceed one hundred seventy-five days per
calendar year.
(b)(c) In the event a retirant becomes regularly employed on a full-time basis by a
participating public employer, payment of his or her annuity shall be suspended during the period
of his or her reemployment and he or she shall become a contributing member to the retirement
system. If his or her reemployment is for a period of one year or longer, his or her annuity shall be
recalculated and he or she shall be granted an increased annuity due to such additional employment,
said annuity to be computed according to section twenty-two of this article. A retirant may accept
temporary full-time or temporary part-time employment from a participating employer without
suspending his or her retirement annuity so long as he or she does not receive annual compensation
in excess of fifteen thousand dollars.
(c)(d) In the event a member retires and is then subsequently elected to a public office or is
subsequently appointed to hold an elected public office, or is a former employee of the Legislature
who has been reemployed by the Legislature, he or she has the option, notwithstanding subsection
(b)(c) of this section, to either:
(1) Continue to receive payment of his or her annuity while holding such public office or
during any reemployment of a former employee of the Legislature on a per diem basis, in addition
to the salary he or she may be entitled to as such office holder or as a per diem reemployed former
employee of the Legislature; or
(2) Suspend the payment of his or her annuity and become a contributing member of the
retirement system as provided in subsection (b)(c) of this section. Notwithstanding the provisions
of this subsection, a member who is participating in the system as an elected public official may not
retire from his or her elected position and commence to receive an annuity from the system and then
be reappointed to the same position unless and until a continuous six-month period has passed since
his or her retirement from the position: Provided, That a former employee of the Legislature may
not be reemployed by the Legislature on a per diem basis until at least sixty days after the employee
has retired: Provided, however, That the limitation on compensation provided by subsection (b) of
this section does not apply to the reemployed former employee: Provided further, That in no event
may reemployment by the Legislature of a per diem employee exceed one hundred seventy-five days
per calendar year.
(d)(e) A member who is participating in the system simultaneously as both a regular, full-
time employee of a participating public employer and as an elected or appointed member of the
legislative body of the state or any political subdivision may, upon meeting the age and service
requirements of this article, elect to retire from his or her regular full-time state employment and may
commence to receive an annuity from the system without terminating his or her position as a member
of the legislative body of the state or political subdivision: Provided, That the retired member shall
not, during the term of his or her retirement and continued service as a member of the legislative
body of a political subdivision, be eligible to continue his or her participation as a contributing
member of the system and shall not continue to accrue any additional service credit or benefits in
the system related to the continued service.
(e)(f) Notwithstanding the provisions of section twenty-seven-b of this article, any publicly
elected member of the legislative body of any political subdivision or of the state Legislature, the
clerk of the House of Delegates and the clerk of the Senate may elect to commence receiving in-service retirement distributions from this system upon attaining the age of seventy and one-half
years: Provided, That the member is eligible to retire under the provisions of section twenty or
section twenty-one of this article: Provided, however, That the member elects to stop actively
contributing to the system while receiving such in-service distributions.
(g) Notwithstanding any other provision of this section or any prior enactments of this section
to the contrary, a former employee of the Legislature may be reemployed by the Legislature on a per
diem basis at any time after the employee retires for periods of employment not to exceed one
hundred seventy-five days per calendar year without limitation on the annual compensation received
by the employee, and during such periods of reemployment, the retirement annuity of the former
employee of the Legislature shall not be suspended so long as he or she does is not so employed
more than one hundred seventy-five days per calendar year
.
The amendment and reenactment of
this section is expressly made applicable to persons employed during or after the two thousand six
regular session of the Legislature."
And,
On page one, by amending the enacting section to read as follows:
"That §5-10-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §5-10-48 of said code be amended and reenacted, all to read as follows" followed by a
colon.
On motion of Delegate Michael, the bill was then amended on page thirteen, section
fourteen, following line two hundred thirty-seven, by inserting a new subsection to read as follows:
"(i) The provisions of section twenty-two-h of this article are not applicable to the
amendments made to this section and to section forty-eight of this article during the two thousand
six regular session."
There being no further amendments and having been engrossed, the bill was then read a third time.
Delegate Lane requested to be excused from voting on the passage of H. B. 4844 under the
provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 316),
and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Cann and Carmichael.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4844) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4844 - "A Bill to amend and reenact §5-10-14 of the Code of West Virginia, 1931, as
amended, and to amend and reenact §5-10-48 of said code, all relating to the employment of
temporary legislative employees generally; providing service credit for certain temporary legislative
employees for retirement purposes; and providing for the reemployment of certain former legislative
employees on a per diem basis for limited periods without suspension of retirement annuity."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4846, Providing one-time supplements t certain annuitants; on third reading, coming
up in regular order, was read a third time.
Delegates Ashley, Border, Campbell, Duke, Leggett, Paxton, Perry, Pethtel and Proudfoot
requested to be excused from voting on the passage of H. B. 4846 under the provisions of House
Rule 49.
The Speaker stated that the foregoing members were of a class of persons to be affected by
the passage of the bill and refused to excuse them from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 317),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4846) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4847, Relating to group limited health benefits insurance plans; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 318),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4847) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4849, Relating to the West Virginia Sunset Law; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 319),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4849) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4850, Expediting the sunrise application process; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 320),
and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Beach and Houston.
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B.4850) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 321), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Ferrell, Perdue, Schoen and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4850) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 3:07 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:30 p.m.,
and reconvened at that time.
Reordering of the Calendar
Delegate Staton announced that the Committee on Rules had transferred H. B. 4616, H. B.
4753 and H. B. 4791, on third reading, Special Calendar, to the House Calendar; H. B. 4648, H. B.
4690 and H. B. 4728, on third reading, House Calendar, to the Special Calendar.
Second Reading
Com. Sub. for H. B. 4486, Relating to minimum base pay for members of the National
Guard and providing tuition payment for the cost of post-graduate courses; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 322), and there were--yeas 92, nays
1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent and Not Voting: Azinger, Caputo, Craig, Ferrell, Houston, Leach and Wakim.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a third time put upon its passage.
Delegate Rick Thompson requested to be excused from voting on the passage of the bill
under the provisions of House Rule 49.
The Speaker stated that the Gentleman was of a class of persons to be affected by the passage
of the bill and refused to excuse him from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 323),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent and Not Voting: Caputo, Craig, Ferrell, Houston, Leach and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4486) passed.
Delegate Staton moved that the bill take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 324), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Caputo, Ferrell, Houston, Leach and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4486) takes effect July 1, 2006.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4546, Continuing additional compensation for holders of national board for professional teaching standards certification who are subsequently employed in principal and
assistant principal positions; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
H. B. 4793, Authorizing the Tourism Commission the use of the tourism promotion fund to
support the 2006 Washington D.C. advertising campaign; on second reading, coming up in regular
order, was read a second time.
On motion of Delegate Michael, the bill was amended on page two, section twelve-a, line
seven, following the word "promote" by striking out the words "outdoor recreation in Southern West
Virginia" and inserting in lieu thereof the words "whitewater rafting, the Hatfield McCoy Regional
Recreational Area and other outdoor recreational opportunities available in West Virginia, including,
but not limited to, skiing, hiking, mountain biking and golf".
The bill was then ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 325), and there were--yeas 92, nays
2, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Lane and Overington.
Absent and Not Voting: Caputo, Ferrell, Houston, Leach, Stemple and Wakim.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 326),
and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent and Not Voting: Caputo, Ferrell, Houston, Leach and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4793) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 327), and there were--yeas 94, nays
1, absent and not voting , with the nays and absent and not voting being as follows:
Nays: Overington.
Absent And Not Voting: Caputo, Ferrell, Houston, Leach and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4793) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2235, Increasing salaries for magistrate clerks, magistrate assistants and
magistrate deputy clerks,
Com. Sub. for H. B. 4100, Providing a salary increase for elected county officials,
Com. Sub. for H. B. 4500, Providing for a salary adjustment for certain appointive state
officers,
And,
Com. Sub. for H. B. 4620, Providing for the salary range of the Commissioner of Banking
and the Insurance Commissioner.
Consent Calendar
H. B. 4611, Specifying the method for determining the tax credit; specifying when a credit
may be taken; and civil liability immunity for aiding an accident victim; having been read a second
time in earlier proceedings, and having been postponed until this time, was taken up for further
consideration.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 328), and there were--yeas 94, nays
2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Blair and Lane.
Absent And Not Voting: Caputo, Ferrell, Houston and Wakim.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 329),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Caputo, Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4611) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4611 - "A Bill to amend and reenact §15-5-11 of the Code of West Virginia, 1931, as
amended, relating to immunity from civil liability in certain circumstances; providing immunity from civil liability for death or injury to any person or damage to any property caused by a duly qualified
mine rescue team designated by a mine operator performing or engaging in emergency rescue
services; and providing that certain emergency programs may be established by the division of
homeland security and emergency management and not limited to the office of emergency services."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 330), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Caputo, Ferrell, Houston, Leggett and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4611) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4654, Relating to the West Virginia Retiree Health Benefit Trust Fund; having been
postponed until this time, was taken up for further consideration.
On motion of Mr. Speaker, Mr. Kiss, and Delegates Amores, Beane, Browning, Campbell,
Kominar, Leach, Mahan, Michael, Pino, Staton and Varner, the bill was amended on page one, after
the enacting section, by inserting the following:
"ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§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 insureds' ability to
pay. 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.
(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 such 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 the fifteenth day of October 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
the first day of January preceding the fiscal year. The financial plan for a fiscal year becomes
effective and shall be implemented by the Director on the first day of July 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 the first day of January 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 the first day of
July, two thousand two, and in each plan year thereafter, until and including the plan year which
commences on the first day of July, two thousand six, 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: Provided, That for the period beginning
the first day of July, two thousand five, through the thirty-first day of December, two thousand five,
the portion of the policy surcharge collected from certain fire and casualty insurers and transferred
into the fund in the State Treasury of the Public Employees Insurance Agency pursuant to the
provisions of section thirty-three, article three, chapter thirty-three of this code shall be used, in lieu
of an increase in costs to active state pool employees, to subsidize any incremental adjustment in
those employees' portion of the aggregate cost-sharing percentages of premium between employers
and employees. The foregoing does not prohibit any premium increase occasioned by an employee's
increase in salary: Provided, however, That for the period beginning the first day of July, two
thousand five, through the thirty-first day of December, two thousand five, in lieu of an increase in
costs to retired state pool employees, such funds as are necessary to subsidize any increase in costs
to retired state pool employees shall be transferred from the reserve fund established in section
twenty-five of this article into the fund in the State Treasury of the Public Employees Insurance
Agency. Effective in the plan year commencing on the first day of July, two thousand six, and in
each plan year thereafter, the aggregate premium cost-sharing percentages between employers and employees 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 further, 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: And provided further, 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.: And provided further, That the aggregate
premium cost-sharing percentages between employers and employees scheduled to be at a level of
twenty percent for employees by the first day of July two-thousand six shall be offset, in part, by a
legislative appropriation for that purpose, prior to the first day of July two-thousand six.
(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."
And,
By amending the enacting section to read as follows:
"That §5-16-5 of the Code of West Virginia, 1931, as amended, be amended; and that said
code be amended by adding thereto a new article, designated §5-16D-1, §5-16D-2,§5-16D-3, §5-
16D-4, §5-16D-5 and §5-16D-6, all to read as follows" followed by a colon
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 331),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Caputo, Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4654) passed.
An amendment to the title of the bill, recommended by Mr. Speaker, Mr. Kiss, and Delegates
Amores, Beane, Browning, Campbell, Kominar, Leach, Mahan, Michael, Pino, Staton and Varner
was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4654 - "A Bill to amend and reenact §5-16-5 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new article, designated §5-16D-1, §5-16D-
2,§5-16D-3, §5-16D-4, §5-16D-5 and §5-16D-6, all relating to the Public Employees Insurance
Agency, establishing the West Virginia Retiree health Benefit Trust fund, providing for post-
employment health care benefits, operation and funding and establishing that the eighty-twenty split
between employer and employee for the scheduled increase in health care costs for employees shall
be partially offset by a legislative appropriation."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4648, Granting the board of medicine flexibility under special
circumstances to issue a license to applicants who otherwise do not meet the requirement of the
article; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 332),
and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Duke, Lane and Tansill.
Absent And Not Voting: Caputo, Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4648) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4690, Making West Virginia University Institute of Technology a
division of West Virginia University; on third reading, coming up in regular order, with an
amendment pending, was reported by the Clerk.
On motion of Delegates Campbell, Michael, Williams, Varner, Perry, Pino and Louisos the
bill was amended on page six, section two, line thirty-two, following the word "decade", by inserting
a period, and striking out the remainder of the sentence.
Delegate Louisos moved to amend the bill on page two, after the enacting clause, by striking
the remainder of the bill and inserting in lieu thereof the following:
"That §18B-2-9 of the Code of West Virginia, 1931, as amended, be repealed; that §18B-1-2
of said code be amended and reenacted; that §18B-1A-2 of said code be amended and reenacted; that
§18B-1B-6 of said code be amended and reenacted; that §18B-1C-1 and §18B-1C-2 of said code be
amended and reenacted; that §18B-2A-1 of said code be amended and reenacted; that §18B-3-1 and §18B-3-3 of said code be amended and reenacted; that §18B-3C-4 of said code be amended and
reenacted; that §18B-6-1 and §18B-6-1a of said code be amended and reenacted; that §18B-8-1 of
said code be amended and reenacted; and that §18B-10-1 of said code be amended and reenacted,
all to read as follows:
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
meaning hereinafter meanings ascribed to them unless the context clearly indicates a different
meaning:
(a) Effective the first day of July, two thousand five 'Regional campus' means West Virginia
University at Parkersburg. and West Virginia university institute of technology
(b) 'Governing boards' or 'boards' means the institutional boards of governors created
pursuant to section one, article two-a of this chapter;
(c) 'Freestanding community and technical colleges' means Southern West Virginia
Community and Technical College, West Virginia Northern Community and Technical College and
Eastern West Virginia Community and Technical College which may not be operated as branches
or off-campus locations of any other state institution of higher education;
(d) 'Community college' or 'community colleges' means community and technical college
or colleges as those terms are defined in this section;
(e) 'Community and technical college,' in the singular or plural, means the freestanding
community and technical colleges and other state institutions of higher education which deliver
community and technical college education. This definition includes Southern West Virginia
Community and Technical College, West Virginia Northern Community and technical College, Eastern West Virginia Community and Technical College, New River Community and Technical
College, West Virginia University at Parkersburg, The Community and Technical College at West
Virginia university Institute of Technology, The Community and Technical College of Shepherd,
Fairmont State Community and Technical College, Marshall Community and Technical College and
West Virginia State Community and Technical College;
(f) 'Community and technical college education' means the programs, faculty, administration
and funding associated with the mission of community and technical colleges as provided in article
three-c of this chapter;
(g) 'Essential conditions' means those conditions which shall be met by community and
technical colleges as provided in section three, article three-c of this chapter;
(h) 'Higher education institution' means any institution as defined by Sections 401(f), (g) and
(h) of the federal Higher Education Facilities Act of 1963, as amended;
(I) 'Higher Education Policy Commission,' 'Policy Commission' or 'Commission' means
the commission created pursuant to section one, article one-b of this chapter;
(j) 'Chancellor for Higher Education' means the chief executive officer of the Higher
Education Policy Commission employed pursuant to section five, article one-b of this chapter;
(k) 'Chancellor for Community and Technical College education' means the Chief Executive
Officer of the West Virginia Council for Community and Technical College Education employed
pursuant to section three, article two-b of this chapter;
(l) 'Chancellor' means the chancellor for Higher Education where the context refers to a
function of the Higher Education Policy Commission. 'Chancellor' means chancellor for
Community and Technical College Education where the context refers to a function of the West
Virginia Council for Community and Technical College Education;
(m) 'Institutional operating budget' or 'operating budget' means for any fiscal year an institution's total unrestricted education and general funding from all sources in the prior fiscal year,
including, but not limited to, tuition and fees and legislative appropriation, and any adjustments to
that funding as approved by the commission or council based on comparisons with peer institutions
or to reflect consistent components of peer operating budgets;
(n) 'Community and technical college education program' means any college-level course
or program beyond the high school level provided through a public institution of higher education
resulting in or which may result in a two-year associate degree award including an associate of arts,
an associate of science and an associate of applied science; certificate programs and skill sets;
developmental education; continuing education; collegiate credit and noncredit workforce
development programs; and transfer and baccalaureate parallel programs. All such programs are
under the jurisdiction of the council. Any reference to 'post-secondary vocational education
programs' means community and technical college education programs as defined in this subsection;
(o) 'Rule' or 'rules' means a regulation, standard, policy or interpretation of general
application and future effect;
(p) For the purposes of this chapter and chapter eighteen-c of this code 'Senior administrator'
means the vice chancellor for administration employed by the commission with the advice and
consent of the council in accordance with section two, article four of this chapter;
(q) 'State college' means Bluefield State College, Concord college University, Fairmont State
college University, Glenville State College, Shepherd college University, West Liberty State College,
West Virginia Institute of Technology or West Virginia State college University;
(r) 'State institution of higher education' means any university, college or community and
technical college under the jurisdiction of a governing board as that term is defined in this section;
(s) Until the first day of July, two thousand five, 'regional campus' means West Virginia
university at Parkersburg, Potomac state college of West Virginia university and West Virginia university institute of technology;
(t) (s) The advisory board previously appointed for the West Virginia Graduate College is
known as the 'Board of Visitors' and shall provide guidance to the Marshall University Graduate
College;
(u) (t) 'Institutional compact' means the compact between the commission or council and a
state institution of higher education under its jurisdiction, as described in section two, article one-a
of this chapter;
(v) (u) 'Peer institutions', 'peer group' or 'peers' means public institutions of higher
education used for comparison purposes and selected by the commission pursuant to section three,
article one-a of this chapter;
(w) (v) 'Administratively linked community and technical college' means a community and
technical college created pursuant to section eight, article three-c of this chapter;
(x) (w) 'Sponsoring institution' means a state institution of higher education that maintains
an administrative link to a community and technical college pursuant to section eight, article three-c
of this chapter;
(y) (x) 'Collaboration' means entering into an agreement with one or more providers of
education services in order to enhance the scope, quality or efficiency of education services;
(z) (y) '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; and
(aa) (z) 'Council' means the West Virginia Council for Community and Technical College
Education created pursuant to article two-b of this chapter.
ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST VIRGINIA.
§18B-1A-2. Institutional compacts with state institutions of higher education; establishment
and review process.
(a) Each state college and university shall prepare an institutional compact for submission
to the commission. Each community and technical college shall prepare an institutional compact for
submission to the council. When the process herein provided is completed, the institutional
compacts shall form the agreements between the institutions of higher education and the commission
or council, respectively, and, ultimately, between the institutions of higher education and the people
of West Virginia on how the institutions will use their resources to address the intent of the
Legislature and the goals set forth in section one-a, article one of this chapter. The compacts shall
contain the following:
(1) A step-by-step process to accomplish the intent of the Legislature and the goals set forth
in section one-a, article one of this chapter as organized by the commission and council. The
step-by-step process shall be delineated by objectives and shall set forth a time line for achieving the
objectives which shall, where applicable, include benchmarks to measure institutional progress as
defined in subsection (e) of this section.
(2) A determination of the mission of the institution which specifically addresses changes,
as applicable, in the areas of research, graduate education, baccalaureate education, revised
admission requirements, community and technical colleges and such other areas as the commission
or council determines appropriate. In the determination of mission, the institutions and the
commission or council shall consider the report completed by the national center for higher
education management systems pursuant to the legislative study as provided in section seven, article
three of this chapter;
(3) A plan which is calculated to make any changes in institutional mission and structure within a six-year period;
(4) A statement of the geographic areas of responsibility, where applicable, for each goal to
be accomplished as provided in subsection (d) of this section;
(5) A detailed statement of how the compact is aligned with and will be implemented in
conjunction with the master plan of the institution;
(6) Such other items, requirements or initiatives, required by the commission or council,
designed to accomplish the intent of the Legislature and the goals set forth in section one-a, article
one of this chapter or other public policy goals established by the commission or council.
(b) Each institutional compact shall be updated annually and shall follow the same general
guidelines contained in subsection (a) of this section.
(c) Development and updating of the institutional compacts is subject to the following:
(1) The ultimate responsibility for developing and updating the institutional compacts at the
institutional level resides with the institutional board of advisors or the board of governors, as
appropriate;
(2) The ultimate responsibility for developing and adopting the final version of the state
college and university institutional compacts resides with the commission and the ultimate
responsibility for developing and adopting the final version of the community and technical college
institutional compacts resides with the council;
(3) Each institution shall submit its compact to the commission or council annually by the
fifteenth day of November;
(4) The commission and council shall review each compact of the institutions under their
respective jurisdictions and either adopt the compact or return it with specific comments for change
or improvement. The commission and council, as appropriate, shall continue this process as long
as each considers advisable;
(5) By the first day of May annually, if the institutional compact of any institution as
presented by that institution is not adopted by the commission or council, then the commission or
council is empowered and directed to develop and adopt the institutional compact for the institution
and the institution is bound by the compact so adopted; and
(6) As far as practicable, the commission and council each shall establish uniform processes
and forms for the development and submission of the institutional compacts by the institutions under
their respective jurisdictions. As a part of this function, the commission and council shall organize
the statements of legislative intent and goals contained in section one-a, article one of this chapter
in a manner that facilitates the purposes of this subdivision and the purposes of this section.
(d) Assignment of geographic areas of responsibility. --
(1) The commission shall assign geographic areas of responsibility to the state institutions
of higher education under its jurisdiction, except for the state institutions of higher education known
as Marshall University and West Virginia University. For institutions other than the state institutions
of higher education known as Marshall University and West Virginia University, the geographic
areas of responsibility are made a part of their institutional compacts to ensure that all areas of the
state are provided necessary programs and services to achieve the public policy agenda.
(2) Pursuant to the provisions of section four, article three-c of this chapter, the council shall
assign geographic areas of responsibility to the state institutions of higher education under its
jurisdiction, including the administratively linked institution known as Marshall Community and
Technical College the administratively linked institution known as The Community and Technical
College at West Virginia University Institute of Technology and the regional campus known as West
Virginia University at Parkersburg.
(3) The geographic areas of responsibility for the state institutions of higher education known
as Marshall University and West Virginia University are assigned by the Legislature.
(4) The benchmarks established in the institutional compacts shall include measures of
programs and services by geographic area throughout the assigned geographic area of responsibility.
(e) The compacts shall contain benchmarks used to determine progress toward meeting the
goals established in the compacts. The benchmarks shall meet the following criteria:
(1) They shall be as objective as possible;
(2) They shall be directly linked to the goals in the compacts;
(3) They shall be measured by the indicators described in subsection (f) of this section; and
(4) Where applicable, they shall be used to measure progress in geographic areas of
responsibility.
(f) The commission and council each shall establish by legislative rule indicators which
measure the degree to which the goals and objectives set forth in section one-a, article one of this
chapter are being addressed and met by the institutions under their respective jurisdictions. The
benchmarks established in subsection (e) of this section shall be measured by the indicators.
(1) The rules pertaining to benchmarks and indicators in effect for the commission and the
council on the effective date of this section remain in effect for the institutions under their respective
jurisdictions.
(2) The legislative rules shall set forth at the least the following as pertains to all state
institutions of higher education:
(A) The indicators used to measure the degree to which the goals and objectives are being
met;
(B) Uniform definitions for the various data elements to be used in establishing the
indicators;
(C) Guidelines for the collection and reporting of data; and
(D) Sufficient detail within the benchmarks and indicators to:
(i) Provide measurable evidence that the pursuits of the institution are targeting the
educational needs of the citizens of the state and the components of the compacts and master plans;
(ii) Delineate the goals and benchmarks for an institution so that the commission, or council
can precisely measure the degree to which progress is being made toward achieving the goals for
post-secondary education provided in section one-a, article one of this chapter; and
(iii) Distinctly identify specific goals within the master plan or compact of an institution that
are not being met or toward which sufficient progress is not being made.
(3) In addition to any other requirement, the legislative rule established by the council shall
set forth at the least the following as pertains to community and technical college education:
(A) Benchmarks and indicators which are targeted to identify:
(i) The degree to which progress is being made by institutions toward meeting the goals for
post-secondary education and the essential conditions provided in section three, article three-c of this
chapter;
(ii) Information and data necessary to be considered by the council in making the
determination required by section three, article two-c of this chapter;
(iii) The degree to which progress is being made in the areas considered by the council for
the purpose of making the determination required by section three, article two-c of this chapter; and
(B) Sufficient detail within the benchmarks and indicators to provide clear evidence to
support an objective determination by the council that an institution's progress toward achieving the
goals for post-secondary education and the essential conditions is so deficient that implementation
of the provisions of section four, article two-c of this chapter is warranted and necessary.
(g) The commission or the council, as appropriate, shall approve the master plans developed
by the boards of governors and the institutional boards of advisors pursuant to section four, article
two-a of this chapter or section one, article six of this chapter, as appropriate.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-6. Appointment of institutional presidents; evaluation.
(a) Appointment of institutional presidents. -- Appointment of presidents of the state
institutions of higher education shall be made as follows:
(1) Subject to the approval of the commission, the governing board of the institution appoints
a president for Bluefield State College, Concord University, Fairmont State University, Glenville
State College, Marshall University, Shepherd University, West Liberty State College, West Virginia
Institute of Technology, West Virginia School of Osteopathic Medicine, West Virginia State
University and West Virginia University.
(2) Subject to the approval of the council and to the provisions of article three-c of this
chapter, the governing board of West Virginia University appoints the president of the regional
campus known as West Virginia University at Parkersburg. The president serves at the will and
pleasure of the governing board. When selecting candidates for consideration to fill the office of
president, the governing board shall use the search and screening process provided in section one,
article six of this chapter.
Subject to the approval of the Commission, the Governing Board of West Virginia University
appoints the President of the regional campus known as West Virginia University Institute of
Technology. The president of each regional campus serves at the will and pleasure of the appointing
governing board.
(3) Subject to the approval of the council, the governing board of the community and
technical college appoints a president for Eastern West Virginia Community and Technical College,
Southern West Virginia Community and Technical College and West Virginia Northern Community
and Technical College.
(4) Subject to the approval of the council, the governing board of the sponsoring institution appoints a president for each administratively linked community and technical college which shares
a physical campus location with the sponsoring institution, including Fairmont State Community and
Technical College, Marshall Community and Technical College, The Community and Technical
College at West Virginia University Institute of Technology and West Virginia State Community
and Technical College.
(5) Subject to the approval of the council, the governing board of the community and
technical college appoints a president for each administratively linked community and technical
college which does not share a physical campus location with the sponsoring institution, including
New River Community and Technical College and The Community and Technical College of
Shepherd.
(b) Other appointments. -- The institutional president appoints a provost to be the
administrative head of the Potomac campus of West Virginia University.
(c) Evaluation of presidents. -- The appointing governing board shall conduct written
performance evaluations of each institution's president, including the presidents of administratively
linked community and technical colleges. Evaluations shall be done in every fourth year of
employment as president, recognizing unique characteristics of the institution and utilizing
institutional personnel, institutional boards of advisors as appropriate, staff of the appropriate
governing board and persons knowledgeable in higher education matters who are not otherwise
employed by a governing board. A part of the evaluation shall be a determination of the success of
the institution in meeting the requirements of its institutional compact.
ARTICLE 1C. WEST VIRGINIA INSTITUTE OF TECHNOLOGY.
§18B-1C-1. Legislative findings and intent.
(a) The legislative oversight commission on education accountability is charged with
responsibility to monitor and oversee implementation of the policy changes required by this act.
(b) The responsibilities of the commission include, but are not limited to, the following:
(1) Reviewing the overall progress of the commission and institutions in implementing the
provisions of this act;
(2) Reviewing the implementation of financing policy including:
(A) Monitoring the process for selecting peer institutions as provided for in section three,
article one-a of this chapter;
(B) Monitoring the process for determining the institutional operating budgets pursuant to
section five, article one-a of this chapter;
(3) Monitoring the development of indicators and benchmarks as provided for in section two,
article one-a of this chapter;
(4) Monitoring the development of the institutional compacts pursuant to section two, article
one-a of this chapter and the statewide master plan required in section nine, article one-b of this
chapter; and
(5) Subject to the provisions of section eight, article three-c of this chapter, evaluating the
existing community and technical college programs and services at each of the community and
technical colleges and determining the effectiveness of the indicated manner to accomplish the
essential conditions at each institution. Notwithstanding the provisions of section eight, article
three-c of this chapter, the team shall determine if the goals of section one-a, article one of this
chapter are being met under the current structure;
(c) The provisions of this section expire the thirtieth day of June, two thousand one.
(a) The Legislature recognizes that:
(1) West Virginia Institute of Technology is a vital part of higher education in southern West
Virginia;
(2) The engineering program at West Virginia Institute of Technology plays a significant role in the continued success of the students at the institution and to the state as a whole; and
(3) A collaborative program between the engineering program of West Virginia Institute of
Technology and the Dow Research Park in South Charleston, West Virginia, would:
(A) Lead to a greater understanding and knowledge of engineering research;
(B) Lead to greater opportunities for students to engage in research that is directly connected
to the research park; and
(C) Result in greater opportunities for participating students to find gainful employment in
future research or to continue graduate level research and study.
(b) It is the intent of the Legislature to encourage the development of a collaborative linkage
between West Virginia Institute of Technology and the Dow Research Park that provides significant
educational opportunities to students.
(c) It is specifically the intent of the Legislature that:
(1) The baccalaureate engineering program offered at West Virginia Institute of Technology
be and remain a permanent component of its curriculum; and
(2) A collaborative engineering program be established between West Virginia Institute of
Technology and the Dow Research Park; and
(3) Junior and senior level engineering students at West Virginia Institute of Technology are
offered the opportunity to participate in cooperative programs, internships, stipend assisted research
programs, research tutorials and small group research with the Dow Research Park, but that the core
engineering program shall remain at West Virginia Institute of Technology in Montgomery, West
Virginia.
§18B-1C-2. West Virginia Institute of Technology; The Community and Technical College at
West Virginia Institute of Technology.
(a) For the transition year beginning on the first day of July, two thousand, and ending on the thirtieth day of June, two thousand one, there is hereby established the higher education interim
governing board, hereinafter referred to as the 'interim governing board', to serve as the governing
board for public higher education in West Virginia. The interim governing board shall have such
powers and duties pursuant to section eight, article one of this chapter, as may be necessary to carry
out their responsibilities under this section.
(b) The interim governing board is comprised of nine persons, appointed by the governor,
with the advice and consent of the Senate. Nothing herein shall prohibit a person from serving
concurrently on the interim governing board and an institutional board of advisors.
(c) The interim governing board shall be appointed as soon as possible after the passage of
this act and shall continue its duties until the thirtieth day of June, two thousand one. Appointments
to the board shall be made so that members may begin their work no later than the first day of July,
two thousand.
(d) Any person appointed to a position on the board shall have governing experience in
higher education, be knowledgeable on education matters and represent the public interest.
(e) The members shall elect a chairman.
(f) The board shall meet as needed at the time and place specified by the call of the
chairperson or a majority of the members.
(g) The intent and purposes of the interim governing board are:
(1) To serve and act as the governing board for state institutions of higher education and to
ensure a smooth, efficient transition to a new governing structure to be effective the first day of July,
two thousand one;
(2) To initiate the implementation of this act and to inform the governor and the Legislature
of the implementation status and of any areas in which further executive or legislative action may
be necessary;
(3) To advise and assist the commission on implementation of the act in a manner which
achieves the intent, purposes and goals of the act;
(4) To resolve, or seek appropriate remedy of, errors, omissions, oversights or conflicts
relative to implementation of the act; and
(5) To take such other action within their scope of authority as may be necessary to provide
for the smooth transition in the governance of the higher education system.
(h) Members of the board shall be reimbursed for actual and necessary expenses incident to
the performance of their duties upon presentation of an itemized sworn statement thereof. The
reimbursement shall be paid from legislative appropriations and other funds available to the board.
(I) A majority of the members constitutes a quorum for conducting the business of the board.
(j) On the first day of July, two thousand, there is transferred to the interim governing board,
all powers, duties, property, obligations, contracts, rules, orders, resolutions or any other matters
which were vested in the prior boards of trustees, directors or both.
(k) The provisions of this section expire on the thirtieth day of June, two thousand one.
(a) West Virginia University Institute of Technology located in Montgomery, Fayette county,
is continued and is hereafter named 'West Virginia Institute of Technology'. Any reference in this
code to West Virginia University Institute of Technology means West Virginia Institute of
Technology. The Community and Technical College at West Virginia University Institute of
Technology located in Montgomery, Fayette county, is continued and is hereafter named 'The
Community and Technical College at West Virginia Institute of Technology'. Any reference in this
code to West Virginia University Institute of Technology means West Virginia Institute of
Technology.
(b) West Virginia Institute of Technology is an independent institution, and is not operated
as a branch, off-campus location or division of any other institution of higher education. The Community and Technical College at West Virginia Institute of Technology remains
administratively-linked to West Virginia Institute of Technology. West Virginia Institute of
Technology and the Community and Technical College at West Virginia Institute of Technology are
governed by the West Virginia Institute of Technology Governing Board established pursuant to
section one, article two-a of this chapter. The Community and Technical College at West Virginia
University Institute of Technology Advisory Board is continued as The Community and Technical
College at West Virginia Institute of Technology Advisory Board. Such board's powers, duties and
authorities regarding the community and technical college are continued, and The Community and
Technical College at West Virginia Institute of Technology remains subject to such board.
(c) All powers, duties and authorities of the West Virginia University Board of Governors
regarding the former West Virginia University Institute of Technology and The Community and
Technical College at West Virginia University Institute of Technology are transferred to the West
Virginia Institute of Technology Board of Governors. Such powers, duties and authorities are
exercised and performed by the West Virginia Institute of Technology Board of Governors.
(d) Title to all real and personal property previously transferred to or vested in the West
Virginia University Board of Governors is transferred to the West Virginia Institute of Technology
Board of Governors if the property is:
(1) For the benefit of or used exclusively by West Virginia Institute of Technology or The
Community and Technical College at West Virginia Institute of Technology; or
(2) Physically located on the campus of or specifically identifiable with West Virginia
Institute of Technology or The Community and Technical College at West Virginia Institute of
Technology.
(e) Each valid agreement and obligation previously transferred to or vested in the West
Virginia University Board of Governors for the benefit or on behalf of the former West Virginia University Institute of Technology or The Community and Technical College at West Virginia
University Institute of Technology is transferred to the West Virginia Institute of Technology
Governing Board.
(f) All orders, resolutions and rules adopted or promulgated by the West Virginia University
Board of Governors and in effect on the effective date of this section remain in effect for the West
Virginia Institute of Technology Governing Board. Such orders, resolutions and rules continue in
effect for the West Virginia Institute of Technology Governing Board until rescinded or amended
by the board.
(g) Ownership of or title to any other property, materials, equipment or supplies obtained or
purchased by the West Virginia University Governing Board on behalf of the former West Virginia
University Institute of Technology or The Community and Technical College at West Virginia
University Institute of Technology is transferred to the West Virginia Institute of Technology Board
of Governors.
(h) As to any title, agreement, obligation, order, resolution, rule or any other matter about
which there is some uncertainty, misunderstanding or question:
(1) The matter shall be summarized in writing and sent to the commission if it relates to West
Virginia Institute of Technology. The commission shall make a determination regarding the matter
within thirty days of receipt; or
(2) The matter shall be summarized in writing and sent to the council if it relates to The
Community and Technical College at West Virginia Institute of Technology. The council shall make
a determination regarding the matter within thirty days of receipt.
(i) This section does not alter the authority of the commission regarding West Virginia
Institute of Technology, nor the authority of the council over The Community and Technical College
at West Virginia Institute of Technology.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of members; vacancies;
eligibility for reappointment.
(a) A board of governors is continued at each of the following institutions: Bluefield State
College, The Community and Technical College of Shepherd, Concord college University, Eastern
West Virginia Community and Technical College, Fairmont State college University, Glenville State
College, Marshall University, New River Community and Technical College, Shepherd college
University, Southern West Virginia Community and Technical College, West Liberty State College,
West Virginia Northern Community and technical College, the West Virginia School of Osteopathic
Medicine, West Virginia State college University and West Virginia University.
(b) The West Virginia University Institute of Technology Board of Advisors is abolished.
The West Virginia Institute of Technology Board of Governors is established. The Governor shall
appoint members to the board as soon as practicable, and in accordance with this section. Members
of the former West Virginia University Institute of Technology Board of Advisors:
(1) Serve as members of the Board of Governors until membership to the Board of Governors
has been appointed and confirmed; and
(2) May be appointed to the Board of Governors.
(b) (c) For The Community and Technical College of Shepherd and Shepherd University, and
for New River Community and Technical College and Bluefield State College: the institutional
board of advisors remains in place until the institution achieves independent accreditation as
provided in section eight, article three-c of this chapter.
(1) As long as the institutional board of advisors remains in place, the chairperson of the
board of advisors serves as an ex officio, voting member of the board of governors of the sponsoring
institution;
(2) When the community and technical college achieves independent accreditation, the board
of advisors is abolished and a board of governors is established with members appointed pursuant
to this section;
(3) When a board of governors is established for the community and technical college:
(A) (1) The chairperson of the governing board of the sponsoring institution serves as an ex
officio, nonvoting member of the governing board of the community and technical college board of
governors; and
(B) (2) The chairperson of the governing board of the community and technical college serves
as an ex officio, nonvoting member of the governing board of the sponsoring institution.
(4) In making the initial appointments to these boards of governors, the governor shall
appoint those persons who are lay members of the institutional boards of advisors, except in the case
of death, resignation or failure to be confirmed by the Senate.
(c) (d) The institutional board of governors for Marshall University and for West Virginia
University each consists of sixteen persons. and the institutional board of governors for West
Virginia university consists of seventeen persons Each other board of governors consists of twelve
persons.
(d) (e) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of instructor or above duly elected by the
faculty of the respective institution;
(2) A member of the student body in good academic standing, enrolled for college credit
work and duly elected by the student body of the respective institution;
(3) A member from the institutional classified employees duly elected by the classified
employees of the respective institution; and
(4) For the Institutional Board of Governors at Marshall University, twelve lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the Institutional Board of Advisors of Marshall Community and
Technical College serving as an ex officio, voting member.
(5) For the Institutional Board of Governors at West Virginia University, twelve lay members
appointed by the Governor by and with the advice and consent of the Senate pursuant to this section
and, additionally, the chairperson of the Institutional Board of Advisors of the community and
technical college at West Virginia university institute of technology and West Virginia University
at Parkersburg.
(6) For each institutional board of governors of an institution that does not have an
administratively-linked community and technical college under its jurisdiction, nine lay members
appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this
section.
(7) For each institutional board of governors which has an administratively linked community
and technical college under its jurisdiction:
(A) Eight lay members appointed by the Governor, by and with the advice and consent of the
Senate, pursuant to this section and, additionally, the chairperson of the institutional board of
advisors of the administratively linked community and technical college; and
(B) Of the eight lay members appointed by the Governor, one shall be the superintendent of
a county board of education from the area served by the institution.
(e) (f) Of the eight or nine members appointed by the Governor, no more than five may be
of the same political party. Of the twelve members appointed by the Governor to the governing
boards of Marshall University and West Virginia University, no more than seven may be of the same
political party. Of the eight or nine members appointed by the Governor, at least six shall be
residents of the state. Of the twelve members appointed by the Governor to the governing boards of Marshall University and West Virginia University, at least eight shall be residents of the state.
(f) (g) The student member serves for a term of one year. Each term begins on the first day
of July.
(g) (h) The faculty member serves for a term of two years. Each term begins on the first day
of July. Faculty members are eligible to succeed themselves for three additional terms, not to exceed
a total of eight consecutive years.
(h) (I) The member representing classified employees serves for a term of two years. Each
term begins on the first day of July. Members representing classified employees are eligible to
succeed themselves for three additional terms, not to exceed a total of eight consecutive years.
(I) (j) The appointed lay citizen members serve terms of four years each and are eligible to
succeed themselves for no more than one additional term.
(j) (k) A vacancy in an unexpired term of a member shall be filled for the unexpired term
within thirty days of the occurrence of the vacancy in the same manner as the original appointment
or election. Except in the case of a vacancy, all elections shall be held and all appointments shall
be made no later than the thirtieth day of June preceding the commencement of the term. Each board
of governors shall elect one of its appointed lay members to be chairperson in June of each year. A
member may not serve as chairperson for more than two consecutive years.
(k) (l) The appointed members of the institutional boards of governors serve staggered terms
of four years.
(l) (m) A person is ineligible for appointment to membership on a board of governors of a
state institution of higher education under the following conditions:
(1) For a baccalaureate institution or university, a person is ineligible for appointment who
is an officer, employee or member of any other board of governors, a member of an institutional
board of advisors of any public institution of higher education, an employee of any institution of higher education, an officer or member of any political party executive committee, the holder of any
other public office or public employment under the government of this state or any of its political
subdivisions or a member of the council or commission. This subsection does not prevent the
representative from the faculty, classified employees, students or chairpersons of the boards of
advisors or the superintendent of a county board of education from being members of the governing
boards.
(2) For a community and technical college, a person is ineligible for appointment who is an
officer, employee or member of any other board of governors; a member of an institutional board
of advisors of any public institution of higher education; an employee of any institution of higher
education; an officer or member of any political party executive committee; the holder of any other
public office, other than an elected county office, or public employment, other than employment by
the county board of education, under the government of this state or any of its political subdivisions;
or a member of the council or commission. This subsection does not prevent the representative from
the faculty, classified employees, students or chairpersons of the boards of advisors from being
members of the governing boards.
(m) (n) Before exercising any authority or performing any duties as a member of a governing
board, each member shall qualify as such by taking and subscribing to the oath of office prescribed
by section five, article IV of the Constitution of West Virginia and the certificate thereof shall be
filed with the secretary of state.
(n) (o) A member of a governing board appointed by the governor may not be removed from
office by the governor except for official misconduct, incompetence, neglect of duty or gross
immorality and then only in the manner prescribed by law for the removal of the state elective
officers by the governor.
(o) (p) The president of the institution shall make available resources of the institution for conducting the business of its board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and necessary expenses actually
incurred in the performance of official duties under this article upon presentation of an itemized
sworn statement of expenses. All expenses incurred by the board of governors and the institution
under this section are paid from funds allocated to the institution for that purpose.
ARTICLE 3. BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM.
§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 manage operational governance of their institutions in an efficient and accountable manner and
can best fulfill their public missions when their governing boards are given flexibility and autonomy
sufficient to meet state goals established in this article and in section one-a, article one 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, 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 and priorities
to enhance the competitive position of the state and the economic, social and cultural well-being of
its citizens.
(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) 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) While the governing boards of Marshall University and West Virginia University,
respectively, may choose to delegate powers and duties to the 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
set forth in this article and section one-a, article one of this chapter. Therefore, it is the intent of the
Legislature that grants of operational flexibility and autonomy be made directly to the governing
boards and are not grants of operational flexibility and autonomy to the presidents of these
institutions.
§18B-3-3. Relationship of governing boards to the commission and the council.
(a) Relationship between the commission and the governing boards. --
(1) The commission functions as a state-level coordinating board exercising its powers and
duties in relation to the governing boards of Marshall University and West Virginia University only
as specifically prescribed by law;
(2) The primary responsibility of the commission is to work collaboratively with the
governing boards to research, develop and propose policy that will achieve the established goals and
objectives set forth in this chapter and chapter eighteen-c of this code; and
(3) The commission has specific responsibilities which include, but are not limited to, the
following:
(A) Advocating for public higher education at the state level; and
(B) Collecting and analyzing data, researching, developing recommendations, and advising
the Legislature and the Governor on broad policy initiatives, use of incentive funding, national and
regional trends in higher education and issues of resource allocation involving multiple governing boards.
(b) Relationship between the council and the governing boards. --
(1) The council maintains all powers and duties assigned to it by law or policy relating to the
administratively linked institution known as Marshall Community and Technical College the
administratively linked institution known as the Community and Technical College at West Virginia
University Institute of Technology and the regional campus known as West Virginia University at
Parkersburg;
(2) In addition to recognizing the authority assigned by law to the council, it is the
responsibility of the governing boards of Marshall University and West Virginia University to
exercise their authority and carry out their responsibilities in a manner that is consistent with and
complementary to the powers and duties assigned by law or policy to the community and technical
colleges or to the council;
(3) It is further the responsibility of the governing boards to abide by the rules duly
promulgated by the council relating to the community and technical colleges, to strengthen the
community and technical college mission of these institutions, to aid them in meeting the essential
conditions set forth in section three, article three-c of this chapter and to promote them to students,
parents and the community as independently accredited institutions in their own right.
(c) The governing boards shall work collaboratively with the commission, the council and
their staff to provide any and all information requested by the commission or the council in an
appropriate format and in a timely manner.
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-4. Community and technical college consortia planning districts.
(a) Unless otherwise designated, the president of each community and technical college
facilitates the formation of community and technical college consortia in the state, which includes representatives of community and technical colleges, public vocational-technical education centers,
and public baccalaureate institutions offering associate degrees. The community and technical
college consortium shall:
(1) Complete a comprehensive assessment of the district to determine what education and
training programs are necessary to meet the short and long-term workforce development needs of
the district;
(2) Coordinate efforts with regional labor market information systems to identify the ongoing
needs of business and industry, both current and projected, and to provide information to assist in
an informed program of planning and decision making;
(3) Plan and develop a unified effort between the community and technical colleges and
public vocational-technical education to meet the documented workforce development needs of the
district through individual and cooperative programs, shared facilities, faculty, staff, equipment and
other resources and the development and use of distance learning and other education technologies;
(4) Regularly review and revise curricula to ensure that the workforce needs are met, develop
new programs and phase out or modify existing programs as appropriate to meet such needs,
streamline procedures for designing and implementing customized training programs;
(5) Increase the integration of secondary and post-secondary curriculum and programs that
are targeted to meet regional labor market needs, including implementation of seamless curricula
project in all major career pathways and the West Virginia EDGE, 'Earn a Degree Graduate Early'
program;
(6) Plan and implement integrated professional development activities for secondary and
post-secondary faculty, staff and administrators;
(7) Ensure that program graduates have attained the competencies required for successful
employment through the involvement of business, industry and labor in establishing student credentialing;
(8) Performance assessment of student knowledge and skills which may be gained from
multiple sources so that students gain credit toward program completion and advance more rapidly
without repeating course work in which they already possess competency;
(9) Cooperate with workforce investment boards in establishing one-stop-shop career centers
with integrated employment and training and labor market information systems that enable job
seekers to assess their skills, identify and secure needed education training and secure employment
and employers to locate available workers;
(10) Increase the integration of adult literacy, adult basic education, federal Work Force
Investment Act and community and technical college programs and services to expedite the
transition of adults from welfare to gainful employment; and
(11) Establish a single point of contact for employers and potential employers to access
education and training programs throughout the district.
(b) The community and technical college education consortium shall cooperate with the
regional workforce investment board in the district and shall participate in any development or
amendment to the regional workforce investment plan.
(c) To carry out the provisions of this section, community and technical college consortia
planning districts are established and defined as follows:
(1) Northern Panhandle Community and Technical College District includes Hancock,
Brooke, Ohio, Marshall and Wetzel counties.
(A) The facilitating institution is West Virginia Northern Community and technical College.
(B) Participating institutions include West Virginia Northern Community and technical
College; John Marshall High School; Cameron High School; John D. Rockefeller Center; and other
public vocational technical schools offering post-secondary programs.
(2) North Central West Virginia Community and Technical College District includes
Monongalia, Marion, Preston, Taylor, Barbour, Randolph, Doddridge, Harrison, Braxton, Lewis,
Calhoun, Gilmer and Upshur counties.
(A) The facilitating institution is Fairmont State Community and Technical College.
(B) Participating institutions include Fairmont State Community and Technical College;
Glenville State College; Randolph County Vocational-Technical Center; Monongalia County
Technical Education Center; United Technical Center; Marion County Technical Center; Fred W.
Eberly Technical Center; and other public vocational technical schools offering post-secondary
programs.
(3) Mid-Ohio Valley Community and Technical College District includes Tyler, Pleasants,
Ritchie, Wood, Wirt, Jackson and Roane counties.
(A) The facilitating institution is West Virginia University at Parkersburg.
(B) Participating institutions includes West Virginia University at Parkersburg; West Virginia
Northern Community and technical College; Roane-Jackson Technical Center; Gaston Caperton
Center; Wood County Technical Center; and other public vocational technical schools offering
post-secondary programs.
(4) Potomac Highlands Community and Technical College District includes Tucker,
Pendleton, Grant, Hardy, Mineral and Hampshire counties.
(A) The facilitating institution is Eastern West Virginia Community and Technical College.
(B) Participating institutions include Eastern West Virginia Community and Technical
College; South Branch Career and Technical Center; Mineral County Technical Center; and other
public vocational technical schools offering post-secondary programs.
(5) Shenandoah Valley Community and Technical College District includes Berkeley,
Jefferson and Morgan counties.
(A) The facilitating institution is The Community and Technical College of Shepherd.
(B) Participating institutions include The Community and Technical College of Shepherd;
James Rumsey Technical Institute; and other public vocational technical schools offering
post-secondary programs.
(6) Advantage Valley Community and Technical College District includes Fayette, Kanawha,
Clay, Putnam, Cabell, Mason and Wayne counties.
(A) The facilitating institution is Marshall Community and Technical College.
(B) Every five years the council shall:
(I) Evaluate the progress of the Advantage Valley Consortia toward achieving the goals and
benchmarks of its compact;
(ii) Evaluate the progress of each community and technical college in the district toward
achieving the goals and benchmarks of its institutional compact;
(iii) Determine which community and technical college in the district would best serve the
needs of the district for the following five-year period if serving as the facilitating institution; and
(iv) Designate the community and technical college selected pursuant to subparagraph (iii)
of this paragraph to serve as the facilitating institution for the following five-year period.
(C) Participating institutions include Marshall Community and Technical College; the
Community and Technology College at West Virginia university Institute of Technology; West
Virginia State Community and Technical College; Carver Career Center; Garnet Career Center; Ben
Franklin Career Center; Putnam County Vocational-Technical-Occupational Center; Cabell County
Career-Technical Center; and other public vocational technical schools offering post-secondary
programs.
(7) Southern Mountains Community and Technical College District includes Lincoln, Boone,
Logan, Mingo, Wyoming and McDowell counties.
(A) The facilitating institution is Southern West Virginia Community and Technical College.
(B) Participating institutions include Southern West Virginia Community and Technical
College; New River Community and Technical College; Boone County Career and Technical Center;
Wyoming County Vocational-Technical Center; Ralph R. Willis Career and Technical Center;
McDowell County Career and Technology Center; Mingo County Vocation-Technical Center;
Charles Yeager Technical Center; and other public vocational technical schools offering
post-secondary programs.
(8) Southeastern Community and Technical College District includes Raleigh, Summers,
Fayette, Nicholas, Webster, Pocahontas, Greenbrier, Monroe and Mercer counties.
(A) The facilitating institution is New River Community and Technical College.
(B) Participating institutions include New River Community and Technical College;
Southern West Virginia Community and Technical College; The Community and Technical College
at West Virginia university Institute of Technology; Bluefield State College; Academy of Careers
and Technology; Fayette Plateau Vocation-Technology Center; Summers County High School;
Monroe County Technical Center; Mercer County Technical Center; and other public vocational
technical schools offering post-secondary programs.
(d) In the role of the facilitating institution of the community and technical college district,
the college:
(1) Communicates to the council;
(2) Facilitates the delivery of comprehensive community and technical college education in
the region, which includes the seven areas of comprehensive community and technical college
education delivery as required by section six of this article; and
(3) Facilitates development of statement of commitment signed by all participating
institutions in the region as to how community and technical college education will be delivered.
(e) Participating institutions are not subordinate to the facilitating institution but will sign the
statement of commitment to participate.
(f) The council shall:
(1) Establish Maintain guidelines for community and technical college consortia
development;
(2) Set goals for each consortium based upon legislative goals for the delivery of
comprehensive community and technical college education; and
(3) Establish Maintain a format for development of developing and revising a consortium
compact outlining plans for achieving stated goals to be submitted to the council annually for
approval. on or before the fifteenth day of November, two thousand four
(g) On or before the fifteenth day of November two thousand four annually, each consortium
shall submit to the council for approval a compact which outlines plans for obtaining the stated
goals. Each compact shall include the implementation of seamless curricula and the West Virginia
EDGE, 'Earn a Degree Graduate Early' program. and be updated annually
(h) The council annually shall evaluate the progress made in meeting the compact goals for
each community and technical college consortia through the development and collection of
performance indicator data.
ARTICLE 6. ADVISORY COUNCILS.
§18B-6-1. Institutional boards of advisors for regional campuses and certain administratively
linked community and technical colleges.
(a) There is hereby are continued or established institutional boards of advisors as follows:
(1) For each regional campus. The chairperson of the board of advisors of West Virginia
University at Parkersburg serves as an ex officio, voting member of the governing board of West
Virginia University;
(2) For administratively linked community and technical colleges which share a physical
location with the sponsoring institution. This category includes Fairmont State Community and
Technical College, Marshall Community and Technical College, West Virginia State Community
and Technical College and The Community and Technical College at West Virginia university
Institute of Technology. The chairperson of the board of advisors of each administratively linked
community and technical college serves as an ex officio, voting member of the sponsoring
institution's board of governors. or, in the case of the community and technical college at West
Virginia university institute of technology, the chairperson of the board of advisors serves as an ex
officio voting member of the governing board of West Virginia university;
(3) For New River community and technical college and the community and technical college
of Shepherd, until these institutions achieve independent accreditation. As long as New River
community and technical college or the community and technical college of Shepherd retains a board
of advisors and remains administratively linked to the baccalaureate institution, the chairperson of
that board of advisors serves as an ex officio, voting member of the governing board of Bluefield
state college or Shepherd college, respectively.
(b) The lay members of the institutional boards of advisors for the regional campuses are
appointed by the board of governors.
(c) The lay members of the institutional boards of advisors established for the
administratively linked community and technical colleges are appointed by the West Virginia council
for Community and Technical College Education.
(d) The board of advisors consists of fifteen members, including a full-time member of the
faculty with the rank of instructor or above duly elected by the faculty of the respective institution;
a member of the student body in good academic standing, enrolled for college credit work and duly
elected by the student body of the respective institution; a member from the institutional classified employees duly elected by the classified employees of the respective institution; and twelve lay
persons appointed pursuant to this section who have demonstrated a sincere interest in and concern
for the welfare of that institution and who are representative of the population of its responsibility
district and fields of study. At least eight of the twelve lay persons appointed shall be residents of
the state. Of the lay members who are residents of the state, at least two shall be alumni of the
respective institution and no more than a simple majority may be of the same political party.
(e) The student member serves for a term of one year beginning upon appointment in July,
two thousand four, and ending on the thirtieth day of April, two thousand five. Thereafter the term
shall begin on the first day of May. The member from the faculty and the classified employees,
respectively, serves for a term of two years beginning upon appointment in July, two thousand four,
and ending on the thirtieth day of April, two thousand five. Thereafter the term shall begin on the
first day of May. and The twelve lay members serve terms of four years each beginning upon
appointment in July, two thousand four. Thereafter, the term shall begin on the first day of May.
All members are eligible to succeed themselves for no more than one additional term. A vacancy
in an unexpired term of a member shall be filled for the remainder of the unexpired term within
thirty days of the occurrence thereof in the same manner as the original appointment or election.
Except in the case of a vacancy:
(1) Commencing in two thousand five All elections shall be held and all appointments shall
be made no later than the thirtieth day of April preceding the commencement of the term; and
(2) Terms of members begin on the first day of May following election. except for two
thousand four only, terms begin upon appointment in July
(f) Each board of advisors shall hold a regular meeting at least quarterly, commencing in May
of each year. Additional meetings may be held upon the call of the chairperson, president of the
institution or upon the written request of at least five members. A majority of the members constitutes a quorum for conducting the business of the board of advisors.
(g) One of the twelve lay members shall be elected as chairperson by the board of advisors
in May of each year. except that the chairperson elected in two thousand four shall be elected in July.
No A member may not serve as chairperson for more than two consecutive years.
(h) The president of the institution shall make available resources of the institution for
conducting the business of the board of advisors. The members of the board of advisors shall be
reimbursed for all reasonable and necessary expenses actually incurred in the performance of their
official duties under this section upon presentation of an itemized sworn statement thereof. All
expenses incurred by the boards of advisors and the institutions under this section shall be paid from
funds allocated to the institutions for that purpose.
(I) Prior to the submission by the president to its governing board, the board of advisors shall
review all proposals of the institution in the areas of mission, academic programs, budget, capital
facilities and such other matters as requested by the president of the institution or its governing board
or otherwise assigned to it by law. The board of advisors shall comment on each such proposal in
writing, with such recommendations for concurrence therein or revision or rejection thereof as it
considers proper. The written comments and recommendations shall accompany the proposal to the
governing board and the governing board shall include the comments and recommendations in its
consideration of and action on the proposal. The governing board shall promptly acknowledge
receipt of the comments and recommendations and shall notify the board of advisors in writing of
any action taken thereon.
(j) Prior to their implementation by the president, the board of advisors shall review all
proposals regarding institution-wide personnel policies. The board of advisors may comment on the
proposals in writing.
(k) The board of advisors shall provide advice and assistance to the president and the governing board in areas including, but not limited to, the following:
(1) Establishing closer connections between higher education and business, labor,
government and community and economic development organizations to give students greater
opportunities to experience the world of work. Examples of such experiences include business and
community service internships, apprenticeships and cooperative programs;
(2) Communicating better and serving the current workforce and workforce development
needs of their service area, including the needs of nontraditional students for college-level skills
upgrading and retraining and the needs of employers for specific programs of limited duration; and
(3) Assessing the performance of the institution's graduates and assisting in job placement.
(l) When a vacancy occurs in the office of president of the institution, the board of advisors
shall serve as a search and screening committee for candidates to fill the vacancy under guidelines
established by the council. When serving as a search and screening committee, the board of advisors
and its governing board are each authorized to appoint up to three additional persons to serve on the
committee as long as the search and screening process is in effect. The three additional appointees
of the board of advisors shall be faculty members of the institution. For the purposes of the search
and screening process only, the additional members shall possess the same powers and rights as the
regular members of the board of advisors, including reimbursement for all reasonable and necessary
expenses actually incurred. Following the search and screening process, the committee shall submit
the names of at least three candidates to the council or to the governing board in the case of West
Virginia university institute of technology for consideration. If the council or governing board
rejects all candidates submitted, the committee shall submit the names of at least three additional
candidates and this process shall be repeated until the council or governing board approves one of
the candidates submitted. In all cases, the governing board shall make the appointment with the
approval of the council. or the commission in the case of West Virginia university institute of technology The governing board or the council shall provide all necessary staff assistance to the
board of advisors in its role as a search and screening committee.
(m) The boards of advisors shall develop a master plan for those administratively linked
community and technical colleges which retain boards of advisors. The ultimate responsibility for
developing and updating the master plans at the institutional level resides with the institutional board
of advisors, but the ultimate responsibility for approving the final version of these institutional
master plans, including periodic updates, resides with the council. The plan shall include, but not
be limited to, the following:
(1) A detailed demonstration of how the master plan will be used to meet the goals and
objectives of the institutional compact;
(2) A well-developed set of goals outlining missions, degree offerings, resource requirements,
physical plant needs, personnel needs, enrollment levels and other planning determinates and
projections necessary in such a plan to assure that the needs of the institution's area of responsibility
for a quality system of higher education are addressed;
(3) Documentation of the involvement of the commission, institutional constituency groups,
clientele of the institution and the general public in the development of all segments of the
institutional master plan.
The plan shall be established for periods of not less than three nor more than six years and
shall be revised periodically as necessary, including recommendations on the addition or deletion
of degree programs as, in the discretion of the board of advisors, may be necessary.
§18B-6-1a. Definitions.
For the purposes of this article, the following words have the meanings specified unless the
context clearly indicates a different meaning:
(a) 'Advisory council of Classified Employees' or 'classified council' means the state advisory organization of classified employees created pursuant to section five of this article.
(b) 'Advisory council of Faculty' or 'faculty council' means the state advisory organization
of faculty created pursuant to section two of this article.
(c) 'Advisory Council of Students' or 'student advisory council' means the state advisory
organization of students created pursuant to section four of this article.
(d) 'Classified employee', in the singular or plural, means any regular full-time or regular
part-time employee of a governing board, the commission, the council or the West Virginia Network
for Educational Telecomputing who holds a position that is assigned a particular job title and pay
grade in accordance with the personnel classification system established by law.
(e) 'Community and technical college' means Eastern West Virginia Community and
Technical College, Fairmont State Community and Technical College, Marshall Community and
Technical College, New River Community and Technical College, West Virginia Northern
Community and technical College, The Community and Technical College of Shepherd, Southern
West Virginia Community and Technical College, West Virginia State Community and Technical
College, the Community and Technical College at West Virginia university Institute of Technology,
West Virginia University at Parkersburg and any other community and technical college so
designated by the Legislature.
(f) 'Council' means the West Virginia Council for Community and Technical College
Education created pursuant to section three, article two-b of this chapter.
(g) 'Institutional Classified Employee Council' or 'staff council' means the advisory group
of classified employees formed at a state institution of higher education pursuant to section six of
this article.
(h) 'Institutional Faculty Senate', 'faculty senate' or 'faculty assembly' means the advisory
group of faculty formed at a state institution of higher education pursuant to section three of this article.
(I) 'State institution of higher education', in the singular or plural, means the institutions as
defined in section two, article one of this chapter and, additionally, Fairmont State Community and
Technical College, Marshall Community and Technical College, New River Community and
Technical College, Potomac State college of West Virginia University Robert C. Byrd Health
Sciences Charleston Division of West Virginia University, The Community and Technical College
of Shepherd, West Virginia State Community and Technical College, West Virginia University at
Parkersburg, West Virginia University Institute of Technology, the Community and Technical
College at West Virginia University Institute of Technology, the Higher Education Policy
Commission, the West Virginia Council for Community and Technical College Education, the West
Virginia Network for Educational Telecomputing and any other institution so designated by the
Legislature.
ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.
§18B-8-1. Definitions.
As used in this article:
(a) 'Schedule' or 'salary schedule' means the grid of minimum salary figures listed in section
two of this article;
(b) 'Academic rank' means the position held by a faculty member as determined by the
president, consistent with policy established 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;
(c) 'Years of experience' means the actual number of years a person has been a full-time
faculty member at an institution of higher education within this state. Employment for nine months
shall equal equals one year of experience, but no a faculty member may not accrue more than one year of experience during any given academic year. Employment for less than full time, or less than
nine months during any fiscal year, shall be is prorated. In accordance with rules established by the
governing boards, a faculty member may be granted additional years of experience for actual years
of work or teaching experience at institutions other than institutions of higher education within this
state;
(d) 'Doctoral institutions' means West Virginia University and Marshall University at
Huntington. Doctoral programs at Marshall University shall be selective and nonduplicative of West
Virginia University unless an exception is recommended by both institutions and approved by the
board of trustees commission. 'Master's II institutions' means West Virginia School of Osteopathic
Medicine and the West Virginia Marshall University Graduate College. 'Baccalaureate and two-year
institutions' means Bluefield State College, The Community and Technical College of Shepherd,
The Community and Technical College at West Virginia Institute of Technology, Concord college
University, Eastern West Virginia Community and Technical College, Fairmont State college
University, Glenville State College, Marshall Community and Technical College, New River
Community and Technical College, Shepherd college University, West Liberty State College, West
Virginia University Institute of Technology, West Virginia State Community and Technical College,
West Virginia State college University, West Virginia University at Parkersburg, Southern West
Virginia Community and Technical College, West Virginia Northern Community College and
Potomac state college of West Virginia university and such other institutions as are designated
community colleges by the board of directors Legislature;
(e) 'Salary' means the total nine-month or ten-month salary paid from state funds to a
full-time faculty member, or if other than nine or ten months, adjusted to a nine-month base salary;
(f) 'Full-time faculty' means any faculty member designated as such by the president,
consistent with approved policy of the appropriate governing board, and those persons with faculty rank who have research or administrative responsibilities;
(g) 'Fiscal year' means twelve calendar months and begins on the first day of July and ends
on the thirtieth day of June; and
(h) 'Merit increases and salary adjustments' means the amount of additional salary increase
allowed on a merit basis or to rectify salary inequities or accommodate competitive market
conditions, in accordance with policy established by the appropriate governing board.
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 term for the different
classes or categories of students enrolling at each 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 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 such accounts, an institution may expend funds from each such 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 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 of the institution where the legal
services are to be performed.
(d) The commission and council jointly 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.
(e) The Legislature finds that an emergency exists and, therefore, the commission and council
jointly shall file the rule required by subsection (d) of this section as an emergency rule pursuant to
the provisions of article three-a, chapter twenty-nine-a of this code, subject to the prior approval of
the Legislative Oversight Commission on Education Accountability.
(f) The schedule of all tuition and fees, and any changes therein, 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 such
schedule and changes.
(g) The 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
above provisions.
(h) 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 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
may offer tuition and fee deferred payment plans through the institution or through third parties.
(5) An institution may charge interest or fees for any deferred or installment payment plans.
(I) 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.
(j) Institutions shall retain tuition and fee revenues not pledged for bonded indebtedness or
other purposes in accordance with the tuition rule proposed by the commission and council jointly
pursuant to this section. The tuition rule shall:
(1) Provide a basis for establishing nonresident tuition and fees;
(2) Allow institutions to charge different tuition and fees for different programs;
(3) Provide that a board of governors may 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, council or both, as appropriate, shall certify to the Legislature by the
first day of October in the fiscal year following implementation of the fee, and annually thereafter,
the amount of fees collected for each of the five years;
(4) Establish 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.
(k) A penalty may not be imposed by the commission or council upon any institution 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 shall report annually to the
commission or council on the numbers of nonresidents and such other enrollment information as the
commission or council may request.
(l) Tuition and fee increases of the governing boards, except for 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.
(1) Subject to the provisions of subdivision (4) 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 of an institution 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. 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) 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 and the regional campuses campus known as West Virginia
University Institute of Technology and West Virginia University at Parkersburg.
(5) Any proposed tuition and fee increase for state institutions of higher education other than
the state institutions of higher education known as Marshall University and West Virginia University
requires the approval of the commission or council, as appropriate. In determining whether to
approve or deny the governing board's request, the commission or council shall determine the
progress the institution has made toward meeting the conditions outlined in this subdivision and shall
make this determination the predominate factor in its decision. The commission or council shall
consider the degree to which each institution has met the following conditions:
(A) Has maximized resources available through nonresident tuition and fee charges to the
satisfaction of the commission or council;
(B) Is consistently achieving the benchmarks established in the compact of the institution
pursuant to the provisions of article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for post-secondary education and the statewide compact established in articles one and one-a of this chapter;
(D) Has demonstrated 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 to the satisfaction of the commission or council that the institution is
making adequate progress toward achieving the goals for education established by the southern
regional education board; and
(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.
(6) This section does not require equal increases among institutions or require any level of
increase at an institution.
(7) The commission and council shall report to the Legislative Oversight commission on
Education Accountability regarding the basis for each approval or denial as determined using the
criteria established in subdivision (5) of this subsection."
The question before the House being the adoption of the amendment offered by Delegate
Louisos, the same was put and did not prevail.
Delegates Louisos, Perry and Pino requested that they be recorded has having voted "Yea"
on the foregoing amendment.
There being no further amendment and having been engrossed, the bill was then read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 333),
and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Argento, Eldridge, Louisos and Perry.
Absent And Not Voting: Caputo, Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4690) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4728, Increasing the membership of the Environmental Protection Advisory Council
from seven to eight members; on third reading, coming up in regular order, was reported by the
Clerk.
Delegate Amores asked and obtained unanimous consent to offer an amendment to the bill
on third reading.
On motion of Delegate Amores, the bill then was amended on page four, section nine, line
forty-fine, following the semi-colon by inserting the word "and"; and striking out all of paragraph
(6) on lines fifty through fifth-two; and on line fifty-three, by renumbering paragraph (7) as
paragraph (6).
There being no further amendments and having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 334),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Caputo, Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4728) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell and Wakim.
Miscellaneous Business
Delegate Iaquinta announced that he was absent on February 17, 2006 when the votes were
taken on Roll Nos. 111 through 120, and that had he been present, he would have voted "Yea"
thereon.
Delegate Perdue announced that he was absent on today when the votes were taken on Roll
Nos. 275 through 321, and that had he been present, he would have voted "Yea" thereon.
Delegate Argento asked and obtained unanimous consent that all the remarks regarding H.
B. 4023, raising the minimum wage in accordance with legislation now pending before Congress,
be printed in the Appendix to the Journal.
Delegate Romine announced that he was absent when the votes were taken on Roll Nos. 301
through 308, and had he been present, he would have voted "Yea" thereon.
At 6:12 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March, 2, 2006.