WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FORTY-NINTH DAY
____________
Charleston, W. Va., Tuesday, February 28, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ron Stoner, Emmanuel
Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 27,
2006,
On motion of Senator Bailey, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2118--A Bill to amend and
reenact §62-1C-12 of the Code of West Virginia, 1931, as amended,
relating to forfeiture of bail bond for failure of a defendant to
appear in court; and providing for reimbursement to the bail
bondsman for the amount of the forfeited bond if the bail bondsman later returns the bonded person to the custody of court.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2638--A Bill to amend and
reenact §8-22-22a of the Code of West Virginia, 1931, as amended,
relating to restrictions on investments by municipal policemen's
and firemen's pension and relief funds by increasing the amount
which may be invested in equities.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3019--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto two new
sections, designated §18-2-7d and §18-2-7e, all relating to
community volunteer enrichment programs in public schools;
establishing the "West Virginia Remembers Program" for veteran
volunteers to speak in the public schools; establishing the "West
Virginia Community Arts in Education Program" for artists to share
their experiences in the educational setting; and authorizing the
state board to promulgate rules for program implementation.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3119--A Bill to amend and
reenact §20-1-10 of the Code of West Virginia, 1931, as amended,
relating to wildlife management areas; revising areas subject to
property management requirements; altering reporting requirements;
establishing requirements of land use for recreational hunting and
shooting; preserving net habitat for hunting and shooting; and
establishing reporting requirements for the Division of Natural
Resources.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4036--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-2-3a, relating to soliciting murder; effect
of uncorroborated testimony of the person allegedly solicited;
penalty; affirmative defenses; prohibited defenses; and
definitions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4453--A Bill to amend and
reenact §20-7-4 of the Code of West Virginia, 1931, as amended,
relating to law-enforcement powers and duties of conservation
officers; providing for the statewide authority of conservation
officers to enforce litter control laws; providing for conservation
officer's authority to initiate complaint for violations of laws
related to wildlife, forests and natural resources; and relating to
the procurement and execution of related arrest and search
warrants.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4454--A Bill to amend and
reenact §21-5-4 of the Code of West Virginia, 1931, as amended,
relating to wages withheld from an employee; clarifying that
liquidated damages be proportionately related to wages owed to an
employee; and providing that liquidated damages will equal three
times actual damages.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4456--A Bill to amend and reenact §20-2-20 of the Code of West Virginia, 1931, as amended,
relating to beaver trapping; removing limitations on numbers and
location of traps; allowing disturbance of structures constructed
by beavers when trapping; and removing certain duties for persons
who unintentionally trap or kill beavers.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4472--A Bill to amend and reenact
§48-10-101, §48-10-301, §48-10-401, §48-10-501, §48-10-901,
§48-10-1001, §48-10-1002 and §48-10-1101 of the Code of West
Virginia, 1931, as amended, all relating to including family court
jurisdiction in all proceedings concerning grandparent visitation.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4536--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §24-2E-2, relating generally to improving
competition among telephone public utilities providing landline
services; prohibiting telephone public utilities from using
automatic renewal provisions in their landline customer services
agreements; requiring notice of the end of the service agreement;
providing that after initial term of landline customer services agreement the term shall be on a month-to-month basis unless
customer signs new landline customer services agreement; limiting
termination fees charged by telephone public utilities for landline
service and providing method of computing termination fee;
specifying how this act applies to existing landline customer
services agreements, whether in their original term or in a
rollover term; and providing that act does not apply to services
agreements between two telephone public utilities.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4612--A Bill to amend and
reenact §29-20-1, §29-20-3, §29-20-4 and §29-20-6 of the Code of
West Virginia, 1931, as amended, all relating generally to the West
Virginia Women's Commission.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4632--A Bill to amend and reenact §15-5-15
of the Code of West Virginia, 1931, as amended, relating to
employing homeland security and emergency service personnel.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4658--A Bill to amend and reenact §30-6-3
and §30-6-22 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new article, designated §44-
16-1, §44-16-2, §44-16-3 and §44-16-4; and to amend and reenact
§61-12-9 of said code, all relating to the creation of the Funeral
Planning Agent Designation Act; providing that a funeral planning
agent may authorize cremation; providing that a designated funeral
planning agent may authorize funeral arrangements; designating the
title of the act; definitions; designation of funeral planning
agent; form of designation; and authority to enter into cremation
contract.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4683--A Bill to amend and reenact §49-5-6
of the Code of West Virginia, 1931, as amended, relating to jury
trials in jury proceedings; establishing the right to trial by jury
when a juvenile is accused of acts of juvenile delinquency which
constitute a crime punishable by incarceration if committed by an
adult; providing for a twelve-person jury when the alleged acts of
juvenile delinquency which would be a felony punishable by
incarceration if committed by an adult; providing for a six-person
jury when the alleged acts of juvenile delinquency which would be a misdemeanor punishable by incarceration if committed by an adult;
and eliminating the right to demand trial by jury for status
offenses allegedly committed by a juvenile.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
House Concurrent Resolution No. 17, Requesting the Governor of
the State of West Virginia and the West Virginia Development Office
to put the highest priority on putting forward locations in the
southern coalfield counties for the proposed coal conversion
facilities.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the resolution and requested the appointment of
a committee of conference of three from each house on the
disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators McCabe, Prezioso and Caruth.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
Senator Weeks offered the following resolution:
Senate Concurrent Resolution No. 65--Requesting the Joint
Committee on Government and Finance direct the Legislative
Oversight Commission on Health and Human Resources Accountability study the feasibility of mandating that state hospitals and state
long-term care facilities be subject to all state licensing rules
and applicable statutory requirements.
Whereas, Nearly all legislative rules and statutes with
respect to hospitals and long-term care facilities are inapplicable
to state hospitals and state long-term care facilities; and
Whereas, The rules and statutes that place restrictions,
require standards of care and mandate levels of patient safety
should provide protection to all patients regardless of whether
they receive health care in a state facility or a private facility;
and
Whereas, Making state hospitals and state long-term care
facilities abide by the same rules and statutory mandates as
private hospitals and private long-term care facilities should only
serve to offer uniform services and increase the standard of care
for patients in state-operated facilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to direct the Legislative Oversight Commission on Health
and Human Resources Accountability study the feasibility of
mandating state hospitals and state long-term care facilities be
subject to all state licensing rules and applicable statutory
requirements; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability consult with
representatives of both privately owned and operated health care facilities and state-operated facilities to gain insight into
potentially expanding current rules and statutes to encompass
state-operated hospitals and long-term care facilities; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability 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.
Which, under the rules, lies over one day.
Senators Plymale, Edgell and Hunter offered the following
resolution:
Senate Concurrent Resolution No. 66--Requesting the Joint
Committee on Government and Finance study the application process,
contracts and employment of coaches within the state's public
school system.
Whereas, It is necessary to assure that the children of West
Virginia are being coached in public schools by those who are best
qualified; and
Whereas, In order to verify fairness and equity among
applicants for public school coaching positions, it is obligatory
to assess the current criteria used to award coaching positions, as
well as the structure of the contracts as awarded; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the application process, contracts and
employment of coaches within the state's public school system; 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.
Which, under the rules, lies over one day.
Senator Minear offered the following resolution:
Senate Concurrent Resolution No. 67--Requesting the Division
of Highways rename the roadside park on Backbone Mountain on Route
219 between Parsons and Thomas, Tucker County, known as Centennial
Park, the "Fred Long Centennial Park".
Whereas, Fred Long, a native of Tucker County, was employed by
the State Road Department in the 1930s; and
Whereas, In the 1940s Fred Long served as Sheriff of Tucker
County; and
Whereas, In the 1950s Fred Long served as Superintendent of
Tucker County State Road Department; and
Whereas, During his tenure as Superintendent, the roadside
park on Backbone Mountain on Route 219, named the Centennial Park,
was created; and
Whereas, It is fitting that the roadside park on Backbone
Mountain on Route 219, known as Centennial Park, be renamed the
"Fred Long Centennial Park" as a lasting tribute to Fred Long who
served the citizens of Tucker County with pride and distinction;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to rename the roadside park on Backbone Mountain on Route 219
between Parsons and Thomas, Tucker County, known as Centennial
Park, the "Fred Long Centennial Park"; and, be it
Further Resolved, That the Division of Highways have made and
be placed signs identifying the park as the "Fred Long Centennial
Park"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Weeks, Harrison and Hunter offered the following
resolution:
Senate Resolution No. 34--Designating February 28, 2006, as
"West Virginia Home School Day".
Whereas, The State of West Virginia is committed to excellence
in education; and
Whereas, The State of West Virginia recognizes that parental
involvement and individualized attention to educational success are
the unique and basic components of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and
good citizenship and are prepared academically to meet the
challenges of today's society; and
Whereas, Contemporary studies continue to confirm that
children who are educated at home score exceptionally well on
national achievement tests and score above the national average on
SAT and ACT tests; and
Whereas, Home-schooled students have shown to be competitive
with publicly and privately schooled students at the college level;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 28, 2006, as "West
Virginia Home School Day"; and, be it
Further Resolved, That the Senate recognizes students,
teachers and families involved with home schooling in West Virginia
for their dedication to excellence in education; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Home Educators
Association and the Christian Home Educators of West Virginia.
At the request of Senator Weeks, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Unger and Hunter offered the following resolution:
Senate Resolution No. 35--Commemorating the 100th anniversary
of the assembly of the Niagara Movement at Harpers Ferry.
Whereas, The Niagara Movement, founded in 1905 by Dr. W. E. B.
DuBois, was the first major civil rights organization of the 20th
century. It was the forerunner to the National Association for the
Advancement of Colored People (NAACP); and
Whereas, The founding meeting in 1905 was to be held in
Buffalo, New York, but the attendees were refused accommodations
and Dr. DuBois moved the meeting to the Canadian side of Niagara
Falls; and
Whereas, In 1906 the first meeting on American soil of the
Niagara Movement was held on the campus of Storer College, which
opened in 1867 and was the only school in West Virginia that
offered an education to African-Americans beyond the primary level.
Storer College is now part of Harpers Ferry National Historical
Park; and
Whereas, Harpers Ferry was selected as the location because of
its connection to John Brown and his raid to free the slaves in
1859; and
Whereas, At the conclusion of the Harpers Ferry conference of
the Niagara Movement, a five-point resolution was instituted
demanding basic civil rights. In an address delivered at Harpers
Ferry, Dr. DuBois wrote, "We claim for ourselves every single right
that belongs to a freeborn American, political, civil and social;
and until we get these rights, we will never cease to protest and
assail the ears of America. The battle we wage is not for ourselves alone, but all true Americans."; and
Whereas, The Niagara Movement continued until 1911, when Dr.
DuBois urged his colleagues to join the NAACP; and
Whereas, In August, 2006, the Harpers Ferry National Historic
Park, the Harpers Ferry Historical Association, the West Virginia
Division of Tourism and the Jefferson County NAACP will sponsor a
three-day commemoration of the Niagara Movement and its importance
as a cornerstone for modern civil rights in America; therefore, be
it
Resolved by the Senate:
That the Senate hereby commemorates the 100th anniversary of
the assembly of the Niagara Movement at Harpers Ferry; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the
Niagara Movement Centennial Committee.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order, which agenda includes the
making of main motions.
Senator Sprouse moved that the Senate Committee on
Transportation and Infrastructure be discharged from further
consideration of
Senate Bill No. 432, Limiting authorization of parkway revenue
bonds.
Following discussion,
The question being on the adoption of Senator Sprouse's
aforestated motion, and on this question, Senator Caruth demanded
the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Guills, Harrison, McKenzie, Minear, Sprouse, Weeks and Yoder--10.
The nays were: Bailey, Bowman, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White
and Tomblin (Mr. President)--23.
Absent: Lanham--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's
aforestated motion had not prevailed.
Senator Sprouse moved that the Senate Committee on Finance be
discharged from further consideration of
Senate Bill No. 743, Reducing and eliminating consumers sales
and service tax on food.
Following discussion,
Senator Kessler moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of Senator Sprouse's aforestated motion, and on this
question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Guills, Harrison, Jenkins, McKenzie, Minear, Sprouse, Weeks and
Yoder--11.
The nays were: Bailey, Bowman, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Helmick, Hunter, Kessler, Love, McCabe,
Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and
Tomblin (Mr. President)--22.
Absent: Lanham--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's
aforestated motion had not prevailed.
Petitions
Senator Love presented a petition from Sheri-Lyn Sapp and
numerous Upshur County residents, supporting Senate Bill No. 28
(Requiring written consent of parent or guardian for abortion on
minor), Senate Bill No. 120 (Relating to parental notification
requirements for abortions performed on unemancipated minors) and
Committee Substitute for Senate Bill No. 519 (Relating to parental
notification requirements for abortions performed on unemancipated
minors).
Referred to the Committee on Health and Human Resources.
Senator Caruth presented a petition from Billie Jean Shafer
and numerous Eastern Greenbrier Middle School teachers and staff,
supporting a six percent across the board pay raise.
Referred to the Committee on Education.
Senator Caruth presented a petition from Jeffrey Webb and numerous West Virginia residents, supporting Senate Bill No. 136
(Creating Beverage Container Recycling and Litter Control Act).
Referred to the Committee on the Judiciary.
At the request of Senator Hunter, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 64, Requesting Division of
Highways name bridge in Sharples, Logan County, "Sharples Stags
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 10, Allowing tax credits
for community foundation contributions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 10) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 11, Adding circuit court
judge to twenty-third judicial circuit.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 11) passed with its title.
Senator Chafin moved that the bill take effect August 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 11) takes effect August 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 114, Relating to teen court
program fees.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 114) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 251, Creating Beckley-Raleigh County Building Code Authority.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--22.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison,
McKenzie, Minear, Sprouse, Weeks and Yoder--11.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 251) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Harrison--1.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 251) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 361, Relating to investment powers of
Investment Management Board.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 361 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Boley, Harrison and Weeks--3.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 361) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 463, Modifying qualifications for license
to practice medicine.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 463) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 490, Providing gasoline
excise tax exemption for certain county aging programs.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Facemyer and McCabe--2.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 490) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 496, Allowing out-of-state transport of
legally obtained game.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 496) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 575, Causing disciplinary
action against contractor licensee for certain court-ordered
judgments.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: Barnes, Caruth, Guills and Yoder--4.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 575) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 576, Changing calculation
of prejudgment and post-judgment interest.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 576) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 581, Amending definition of "person"
relating to motor fuel excise tax.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 581) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 582, Requiring electronic filing of
certain personal income tax returns.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Boley, Caruth and Sprouse--3.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 582) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 591, Authorizing Tax Commissioner collect
cost of federal refund offset fees.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 591) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 598, Relating to Teachers Retirement
System's qualified plan status.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 598) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 609, Relating to time period for filing
senior citizens' property tax credit claim.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 609) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 626, Requiring annual personal income tax
withholding reconciliations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 626) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 627, Allowing facsimile signatures on tax
liens.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 627) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 689, Requiring court
approval of certain structured settlements.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 689) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 689) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 693, Removing certain Court of Claims'
review procedures.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 693) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 693) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 722, Providing statute of limitations for
certain sales by trustee.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 722) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 753, Extending time for
Grant County board of education to meet as levying body.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 775, Providing county commission establish
salaries of elected officials.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Monday, February 27, 2006, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Bowman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and adopted:
On page twenty-eight, section four, line four hundred sixty-
two, after the word "attorney." by inserting the following: The
salary increase shall be in the form of a supplement to the elected
officials' previously established statutory salary.;
On page twenty-eight, section four, line four hundred sixty-
three, by striking out the words "in the best interest of" and
inserting in lieu thereof the words "fiscally responsible for";
On page twenty-eight, section four, line four hundred sixty-
four, after the word "officials'" by inserting the word
"statutory";
And,
On page twenty-eight, section four, line four hundred sixty-
six, after the word "officials." by inserting the following: The
county commission shall further state in its order the new,
additional and substantially different duties imposed upon each of
the elected officials in mid-term, thereby permitting supplemental
salary increases.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 775 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Chafin, Deem, Edgell, Fanning, Harrison, Helmick, Jenkins, Kessler,
Love, McCabe, McKenzie, Plymale, Prezioso, Weeks, White and Tomblin
(Mr. President)--18.
The nays were: Barnes, Boley, Caruth, Dempsey, Facemyer, Foster, Guills, Hunter, Minard, Minear, Oliverio, Sharpe, Sprouse,
Unger and Yoder--15.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 775) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 776, Relating to Bureau of Employment
Programs.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 776) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 777, Relating to replacement of underground water supplies damaged by coalbed methane wells.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 777) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 778, Relating to State Conservation
Committee and conservation districts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 778) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 778--A Bill to repeal §19-21A-4a, §19-
21A-13a, §19-21A-13b and §19-21A-13c
of the Code of West Virginia,
1931, as amended
; and to amend and reenact §19-21A-2, §19-21A-3,
§19-21A-4, §19-21A-5, §19-21A-6, §19-21A-7, §19-21A-8, §19-21A-9,
§19-21A-10, §19-21A-11, §19-21A-1
2, §19-21A-13 and §19-21A-14, all
relating to the State Conservation Committee and conservation
districts generally; allowing ex officio members of state committee
to designate representative; allowing certain persons to enter
private property and waters of the state to remove flood debris;
providing for continuation of conservation committee and districts;
providing for election of supervisors; providing method for filling
supervisor vacancies; requiring conservation districts follow
county lines; providing for per diem for supervisors; clarifying
status of dam monitors; providing for discontinuance of districts;
providing for reformation of districts; providing for distribution
of assets and liabilities upon discontinuance of districts;
removing antiquated provisions; and making technical and conforming amendments throughout.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Senate Bill No. 776, Relating to Bureau of Employment
Programs.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 776) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Senate Bill No. 777, Relating to replacement of
underground water supplies damaged by coalbed methane wells.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 777) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the eighth order of business.
Eng. Senate Bill No. 786, Exempting certain severance wages
from personal income tax.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Lanham--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 786) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Lanham--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 786) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4019, Relating to the preparation and
distribution of a digest or summary of the budget bill.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time
prosecuting attorneys.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 4063, Expanding the
authority of the Commissioner of Banking concerning use of certain
banking terms in connection with the name of a business.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed for ten
minutes.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
Senator Jenkins, from the Committee on Interstate Cooperation,
submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Senate Bill No. 742, Revising Uniform Commercial Code.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being
granted, the bill (S. B. No. 742) contained in the preceding report
from the Committee on Interstate Cooperation was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 18, Granting tuition waivers to
children and spouses of parole and probation officers killed in line of duty.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 69, Increasing equity investments of municipal
policemen's and firemen's pension and relief funds.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page three, section twenty-two-a, line thirty-two, after
the word "funds;" by inserting the word "and";
On page three, section twenty-two-a, line thirty-eight, after
the word "percent" by changing the period to a semicolon;
On page three, section twenty-two-a, line forty-one, by
striking out the word "such" and inserting in lieu thereof the word
"the";
And,
On page four, section twenty-two-a, line forty-three, after
the word "indices;" by inserting the word "and".
The bill (S. B. No. 69), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 107, Relating to venue for
certain suits against state.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section two, line seventeen, by striking out the
words "sounding in tort";
And,
On page three, section two, line twenty-one, after the word
"in" by inserting the words "or transferred to".
On motions of Senators Yoder and Kessler, the following
amendment to the bill (Com. Sub. for S. B. No. 107) was next
reported by the Clerk and adopted:
On page three, section two, line twenty-two, after the word
"arose" by changing the period to a comma and inserting the words
"along with any related claims arising out of the same transaction
or occurrence."
The bill (Com. Sub. for S. B. No. 107), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 127, Relating to regional
education service agencies.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, unanimous consent being
granted, the bill was advanced to third reading with the unreported
Finance committee amendment pending and the right for further
amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 173, Relating to public employees preretirement death benefits.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 177, Relating to Public Defender
Services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 205, Relating to sex offender
registry.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, unanimous consent being
granted, the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Com. Sub. for Com. Sub. for Senate Bill No. 219, Changing
expiration date of graduated driver's licenses; prohibiting cell
phone use by certain minors.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 265, Adding names of certain
deceased veterans to Veterans Memorial Monument.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 285, Relating to unclaimed
property.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 299, Authorizing various
executive or administrative agencies promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 350, Authorizing Department of
Health and Human Resources promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 353, Authorizing Department of
Transportation promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 357, Authorizing Department of
Revenue promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page three, section one, line four, after the word "code"
by inserting the words "and section four-a, article eleven of said
chapter";
On page four, section one, after line twenty-one, by inserting
the following:
On page five, subsection 6.1, by adding the following sentence: This section is not intended to conflict with the
statutory requirements of the Medical Professional Liability Act,
W. Va. Code §§55-7B-1 to 11, as the same relate to the assertion
and investigation of medical professional liability claims.;
On page five, subsection 6.3, after the word "limits" by
inserting the words "and, with respect to medical professional
liability claims, subject to applicable statutory requirements set
forth in the Medical Professional Liability Act, W. Va. Code §§55-
7B-1 to 11,";
On page six, section one, line fifty-one, after the word
"code" by inserting the words "and section three, article twenty-a
of said chapter";
On page six, section one, line fifty-seven, after the word
"code," by inserting the words "section three-d, article sixteen of
said chapter and section five-b, article twenty-eight of said
chapter,";
On page six, section one, line sixty-three, after the word
"code" by inserting the words "and section four-a, article
seventeen-a of said chapter";
On pages six and seven, section one, lines sixty-six through
seventy-one, by striking out all of subsection (f);
And relettering the remaining subsections;
On page seven, section one, line seventy-four, by striking out
the word "ten" and inserting in lieu thereof the word "four-a";
On page seven, section one, line seventy-four, by striking out
the word "two" and inserting in lieu thereof the word "twenty";
On page seven, section one, line eighty-one, by striking out
the word "ten" and inserting in lieu thereof the word "five-a";
And,
On page seven, section one, line eighty-one, by striking out
the word "two" and inserting in lieu thereof the word "eleven".
The bill (Com. Sub. for S. B. No. 357), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 362, Requiring Tax Commissioner disclose
certain information to Consolidated Public Retirement Board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 415, Relating to credit card
solicitations on college campuses.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 419, Providing Public Service Commission
jurisdiction for certain alternative sewer service methods.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 428, Providing uniformity in
purchasing card procedures.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On pages six and seven, section ten-e, lines thirteen through fifteen, by striking out the words "State College System of West
Virginia and the University System of West Virginia" and inserting
in lieu thereof the words "state institutions of higher education".
The bill (Com. Sub. for S. B. No. 428), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 464, Providing churches and other religious
entities may incorporate.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 489, Authorizing Treasurer
provide remittance processing and e-government services to
political subdivisions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 492, Providing
indemnity agreements in motor carrier transportation contracts
void.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 503, Providing pay raise for State Police;
temporary promotions.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page ten, section five, line one hundred thirty-three, by
striking out "$34,034" and inserting in lieu thereof "$44,034";
On page eleven, section five, line one hundred forty-two, by
striking out "$33,858" and inserting in lieu thereof "$39,858";
And,
On page eleven, section five, line one hundred forty-three, by
striking out "$344,034" and inserting in lieu thereof "$44,034".
The bill (S. B. No. 503), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 511, Relating to municipal
policemen's and firemen's pension funds.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 521, Authorizing deer hunting in
state parks.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 538, Relating to state employees' deferred
compensation plan.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 554, Clarifying use of Forensic
Medical Examination Fund for certain nurses' training.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 558, Providing salary adjustments for certain appointive state officers.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, after the article heading, by inserting the
following:
§6-7-2. Salaries of certain state officers.
Beginning in the calendar year two thousand five seven, and
for each calendar year after that, salaries for each of the state
constitutional officers are as follows:
(1) The salary of the Governor is ninety-five one hundred
thousand dollars per year;
(2) The salary of the Attorney General is eighty thousand
dollars per year;
(3) The salary of the Auditor is seventy-five thousand dollars
per year;
(4) The salary of the Secretary of State is seventy thousand
dollars per year;
(5) The salary of the Commissioner of Agriculture is
seventy-five thousand dollars per year; and
(6) The salary of the State Treasurer is seventy-five thousand
dollars per year.;
On page five, section two-a, line fifty-five, by striking out
the word "forty-five" and inserting in lieu thereof the word "fifty";
On page eight, section two-a, line one hundred fourteen, by
striking out the word "sixty-five" and inserting in lieu thereof
the word "seventy";
And,
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That §6-7-2 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that §6-7-2a of said code be amended and
reenacted; that §9A-1-5 of said code be amended and reenacted; that
§15-2-2 of said code be amended and reenacted; that §16-5P-5 of
said code be amended and reenacted; that §17-2A-3 of said code be
amended and reenacted; that §19-1A-5 of said code be amended and
reenacted; that §20-1-5 of said code be amended and reenacted; that
§21-1-2 of said code be amended and reenacted; that §22-1-6 of said
code be amended and reenacted; that §24-1-3 of said code be amended
and reenacted; that §29-1-1 of said code be amended and reenacted;
and that §60-2-9 of said code be amended and reenacted, all to read
as follows:.
The bill (S. B. No. 558), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 562, Allowing citizens file
certain criminal complaints directly with magistrate court.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 566, Amending Crime Victims Compensation Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 570, Relating to fairness and
equity in public school finance.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Plymale, the following amendment to the
bill was reported by the Clerk and adopted:
On page twenty-one, section six-f, lines seventy-five through
seventy-seven, after the word "enrollment" by striking out the
comma and the words "excluding kindergarten students less than five
years of age without an individualized education program,".
The bill (Com. Sub. for S. B. No. 570), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 571, Relating to National Guard
pay.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Weeks, the following amendment to the
bill was reported by the Clerk:
On page two, section sixteen, after line twenty, by inserting
a new subsection, designated subsection (d), to read as follows:
(d) No member of the West Virginia National Guard or Air
National Guard shall attend, while in uniform, any political event,
function or fundraiser.
Senator Chafin arose to a point of order that the amendment
offered by Senator Weeks was not germane to the bill.
Which point of order, the President ruled well taken.
The bill (Com. Sub. for S. B. No. 571) was then ordered to
engrossment and third reading.
Senate Bill No. 578, Allowing Public Service Commission to
order takeover of certain utilities.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page four, section eleven-d, line fifty-one, after the
words "a public utility" by inserting the words "with at least
twenty-five thousand customers".
The bill (S. B. No. 578), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 587, Relating to increment pay for certain
higher education faculty.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 604, Extending certain State
Police disability pensions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 616, Establishing regulated
consumer lenders' reporting requirements.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section one hundred four, line twenty-seven, by
striking out the words "For calendar years beginning the first day
of January, two thousand six, a regulated consumer lender shall
file with the commissioner, on or before the fifteenth day of
February," and inserting in lieu thereof the words "On or before
the fifteenth day of February each year, every licensee shall file
with the commissioner";
On page three, section one hundred four, line thirty-six, by
striking out the word "only";
And,
On page four, section one hundred four, line forty-four, by
striking out the word "names" and inserting in lieu thereof the
word "nature".
The bill (Com. Sub. for S. B. No. 616), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 620, Relating to consolidation of
administrative services by boards of education and regional
education service agencies.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 633, Addressing certain teacher critical shortage areas.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 636, Relating to Court Security Fund's
administrative costs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 638, Placing Workforce
Development Initiative Program under Council for Community and
Technical College Education.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 653, Relating to
duties of Chief Technology Officer; establishing Technology
Infrastructure Fund.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, unanimous consent being
granted, the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 656, Providing whistle-blower protection to
nonunion miners.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 673, Authorizing county service fees for
infrastructure projects; bonding authority.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, unanimous consent being
granted, the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 680, Relating to Unified Carrier Registration
System.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 692, Conforming consumers sales
and service tax law to requirements of Streamlined Sales and Use
Tax Agreement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 709, Relating to planning commission
membership.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 728, Requiring background checks
on certain emergency dispatch center employees; wireless enhanced
911 fee money distribution.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, unanimous consent being
granted, the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 752, Continuing poison control center.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 759, Creating Highway Design-Build Procurement
Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 767, Authorizing business
registration certificate revocation of employer in default.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 770, Relating to continuing education of
osteopathic physician assistants.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 773, Relating to certificate of need
standards.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 774, Organizing offices in Department of
Environmental Protection.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page nine, section six, line one hundred thirty-three, by
striking out the word "will" and inserting in lieu thereof the word
"shall";
And,
On page nine, section six, lines one hundred thirty-three and
one hundred thirty-four, by striking out the words "of eighty-five
thousand dollars" and inserting in lieu thereof the words "as
provided in section two-a, article seven, chapter six of this
code".
The bill (S. B. No. 774), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 780, Relating to gift certificates.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 781, Relating to long-term leases for wireless
communication towers on public lands.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 782, Relating to READS grant program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 783, Relating to National Board for
Professional Teaching Standards certification.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 784, Relating to teacher certification.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 785, Relating to school physical education
requirements.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 787, Creating Transportation Coordinating
Council.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Bowman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page five, section two, after line forty-three, by
inserting a new subsection, designated subsection (f), to read as
follows:
(f) Members of the council shall receive no compensation, but
shall be reimbursed for reasonable and necessary expenses actually
incurred in the performance of their official duties.;
On page eight, after section four, by adding a new section,
designated section five, to read as follows:
§17-16D-5. Continuation of the Transportation Coordinating
Council.
Pursuant to the provisions of article ten, chapter four of
this code, the Transportation Coordinating Council shall continue
to exist until the first day of July, two thousand nine, unless sooner terminated, continued or reestablished.;
And,
On page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That §17-16C-4 of the Code of West Virginia, 1931, as amended,
be repealed; and that said code be amended by adding thereto a new
article, designated §17-16D-1, §17-16D-2, §17-16D-3, §17-16D-4 and
§17-16D-5
, all to read as follows:
.
The bill (S. B. No. 787), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 788, Relating to elections.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page seventeen, section ten, line one hundred thirty-five,
by striking out the word "Any" and inserting in lieu thereof the
words "On or after the first day of July, two thousand six, any".
The bill (S. B. No 788), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 789, Authorizing limited arrest powers for day
report officers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 790, Relating to workers' compensation decision appeals.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 791, Clarifying offenses and penalties
relating to ephedrine, pseudoephedrine and phenylpropanolamine.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 4751, Extending the time for the Board of
Education of the County of Grant to meet as a levying body.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 53 (originating in the Committee
on Education), Changing ratio of school nurses to enrollment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 53 (originating in
the Committee on Finance)--A Bill to amend and reenact §18-5-22 of
the Code of West Virginia, 1931, as amended, relating to changing the required ratio of school nurses in each county from one nurse
per every one thousand five hundred students in kindergarten
through seventh grade to one nurse per every one thousand five
hundred students in preschool through twelfth grade.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 206, Relating to floodplain management and
flood debris cleanup.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 206 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §7-1-3u of
the Code of West Virginia, 1931, as amended; to amend and reenact
§20-1A-3 of said code; to amend and reenact §21-9-4 and §21-9-12 of
said code; and to amend and reenact §24-2-2 of said code, all
relating to floodplain management and flood debris generally;
requiring floodplain management plans to regulate new construction,
placement of manufactured housing and storage of materials which
may become flood debris or present additional flood hazards;
requiring local governments to establish process for approval of construction or installation of residence or business in
floodplain; authorizing reasonable fee for services provided by
local government; requiring local governments establish penalties
for violations of floodplain management ordinances or plans;
requiring landowner remove certain structures located in streambed
under certain circumstances; authorizing public land corporation
enter into interagency agreements for assistance in removing
certain structures for streambeds; authorizing public land
corporation remove certain structures from streambeds in limited
circumstances; clarifying rights, duties and privileges under
issuance of right of entry; providing for enforcement of right of
entry; authorizing Division of Labor to regulate installation of
manufactured housing in regulated floodplains; authorizing
rulemaking; requiring licensed dealers and installers of
manufactured housing obtain certificate of approval for
installation of homes in regulated floodplains; providing for
recordkeeping; providing for penalties; prohibiting connection of
electric service to new construction of a residence or business or
installation or relocation of manufactured housing in regulated
floodplain without local government approval; requiring landowner
to show proof of local government approval to electrical inspector
or provide certification number; establishing certain requirements
for filing complaints with the Public Service Commission; and
requiring rulemaking by Public Service Commission.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 206) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 443, Continuing hazardous waste management
fee.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 494, Requiring health insurance benefits for certain public improvement project workers.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (S. B. No. 494) contained in the preceding report
from the Committee on Banking and Insurance was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Banking and Insurance pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 517, Requiring multidisciplinary
treatment team for certain juveniles.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 27, 2006;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 517) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
At the request of Senator Caruth, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 519 (originating in the
Committee on the Health and Human Resources), Relating to parental
notification requirements for abortions performed on unemancipated
minors.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 519 (originating
in the Committee on the Judiciary)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3,
§16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code,
all relating to parental notification requirements for abortions
performed on unemancipated minors; providing that the circuit and
family court have concurrent jurisdiction over the provisions of
the article; defining terms; providing for a waiver; requiring notice to minors of a right to petition the court; allowing for
appeal by the unemancipated minor to circuit court if matter is
initially heard in family court; reporting requirements; providing
remedies; specifying when notice is not required; providing
penalties; and providing a severability clause.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 644, Authorizing motor vehicle insurance
verification program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 644 (originating in the
Committee on Banking and Insurance)--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.
Senate Bill No. 754, Clarifying risk categories covered by
farmers' mutual insurance companies.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 754 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
§33-22-7 and §33-22-8 of the Code of West Virginia, 1931, as
amended, all relating to farmers' mutual fire insurance companies;
clarifying that certain requirements for the filing of fire and
marine policies apply to farm mutual insurance companies;
clarifying types of policies that all such companies may issue;
describing types of policies of liability insurance for which an
extension of a license must be obtained; permitting commissioner to limit duration of such license extensions; and establishing
criteria by which farm mutual insurance companies must demonstrate
that they serve underserved areas.
And,
Senate Bill No. 755, Relating to Physicians' Mutual Insurance
Company.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 755 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
§33-20F-9 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §55-7B-2 of said code, all relating to medical
professional liability insurance; clarifying the ability of the
West Virginia Physicians' Mutual Insurance Company to decline or
refuse to renew insurance policies transferred to the company from
the Board of Risk and Insurance Management upon the expiration of
the terms of the policies so transferred; describing the criteria
according to which the company may classify, rate and price
policies of insurance; describing the criteria according to which
the company may elect to underwrite or decline to underwrite
insurance coverage; and establishing basic requirements and minimum
standards for physician self-funded insurance arrangements to
qualify as medical professional liability insurance for purposes of
article seven-b, chapter fifty-five of said code.
With the recommendation that the three committee substitutes
do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 666, Allowing use of accumulated sick leave
for family leave.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 742, Revising Uniform Commercial Code.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 742 (originating in the
Committee on the Judiciary)--A Bill to repeal §46-1-109, §46-1-207
and §46-1-208 of the Code of West Virginia, 1931, as amended; to
repeal §46-2-208 of said code; to repeal §46-2A-207 of said code;
to amend and reenact §46-1-101, §46-1-102, §46-1-103, §46-1-104,
§46-1-105, §46-1-106, §46-1-107, §46-1-108, §46-1-201, §46-1-202,
§46-1-203, §46-1-204, §46-1-205 and §46-1-206 of said code; to amend said code by adding thereto ten new sections, designated §46-
1-301, §46-1-302, §46-1-303, §46-1-304, §46-1-305, §46-1-306, §46-
1-307, §46-1-308, §46-1-309 and §46-1-310; to amend and reenact
§46-2-103, §46-2-104, §46-2-202, §46-2-310, §46-2-323, §46-2-401,
§46-2-503, §46-2-505, §46-2-506, §46-2-509, §46-2-605 and §46-2-705
of said code; to amend and reenact §46-2A-103, §46-2A-501, §46-2A-
514, §46-2A-518, §46-2A-519, §46-2A-526, §46-2A-527 and §46-2A-528
of said code; to amend and reenact §46-3-103 of said code; to amend
and reenact §46-4-104 and §46-4-210 of said code; to amend and
reenact §46-4A-105, §46-4A-106 and §46-4A-204 of said code; to
amend and reenact §46-5-103 of said code; to amend and reenact §46-
7-101, §46-7-102, §46-7-103, §46-7-104, §46-7-105, §46-7-201, §46-
7-202, §46-7-203, §46-7-204, §46-7-205, §46-7-206, §46-7-207,
§46-7-208, §46-7-209, §46-7-210, §46-7-301, §46-7-302, §46-7-303,
§46-7-304, §46-7-305, §46-7-306, §46-7-307, §46-7-308, §46-7-309,
§46-7-401, §46-7-402, §46-7-403, §46-7-404, §46-7-501, §46-7-502,
§46-7-503, §46-7-504, §46-7-505, §46-7-506, §46-7-507, §46-7-508,
§46-7-509, §46-7-601, §46-7-602 and §46-7-603 of said code; to
amend said code by adding thereto three new sections, designated
§46-7-106, §46-7-701 and §46-7-702; to amend and reenact §46-8-102
and §46-8-103 of said code; and to amend and reenact §46-9-102,
§46-9-203, §46-9-207, §46-9-208, §46-9-301, §46-9-310, §46-9-312,
§46-9-313, §46-9-314, §46-9-317, §46-9-338, §46-9-516 and §46-9-601
of said code, all relating to revising the Uniform Commercial Code,
articles one and seven; making conforming amendments to other
articles; and authorizing administrative review by Secretary of State of certain fillings in connection with secured transactions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 742) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin
(Mr. President)--31.
The nays were: None.
Absent: Barnes, Love and White--3.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 742 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Barnes, Love and White--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 742) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 765, Relating to start of workday for school
bus operators and transportation aides.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 792, Merging Fairmont State Community and
Technical College with Fairmont State University; renaming
Community and Technical College of Shepherd.
And has amended same.
Now on second reading, having been read a first time and
rereferred to the Committee on Education on February 27, 2006;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 792) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration and read a second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
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 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) "Free-standing community and technical colleges" means
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College and Eastern West
Virginia Community and Technical College which may not be operated
as branches or off-campus locations of any other state institution
of higher education;
(d) "Community college" or "community colleges" means
community and technical college or colleges as those terms are
defined in this section;
(e) "Community and technical college", in the singular or
plural, means the free-standing community and technical colleges
and other state institutions of higher education which deliver
community and technical college education. This definition
includes Southern West Virginia Community and Technical College,
West Virginia Northern Community and Technical College, Eastern
West Virginia Community and Technical College, New River Community
and Technical College, West Virginia University at Parkersburg, the
Community and Technical College at West Virginia University
Institute of Technology, the community and technical college of
Shepherd, Fairmont state community and technical college, Blue
Ridge 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 delivery of community and technical colleges as provided in
article three-c of this chapter college education programs;
(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 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.
§18B-1-7. Fairmont State Community and Technical College merged.
(a) Notwithstanding any other provision of this code to the
contrary, on the first day of July, two thousand six, Fairmont
State Community and Technical College shall merge and consolidate
with Fairmont State University and become a fully integrated
division of the university. All administrative and academic units
shall be consolidated with primary responsibility for direction and
support assigned to Fairmont State University:
(1) Fairmont State Community and Technical College ceases to
be an individual higher education institution, as defined by
subsection (h), section two of this article.
(2) The advisory board previously appointed for Fairmont State
Community and Technical College is dissolved.
(b) Any reference in this code to Fairmont State Community and
Technical College means Fairmont State University.
(c) In the delivery of community and technical college
education and programs, Fairmont State University shall adhere to
all provisions set forth in this code for the delivery of such
programs with the exception of the requirement related to
independent accreditation.
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 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. 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 Blue Ridge
Community and Technical College.
(b) Other appointments. -- The institutional president
appoints a provost to be the administrative head of the Potomac
campus of West Virginia University.
(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 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 University.
(B) Participating institutions include Fairmont State
community and technical college University; 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 Blue Ridge Community and Technical
College.
(B) Participating institutions include the community and
technical college of Shepherd Blue Ridge Community and Technical
College; 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
Vocational-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 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 a format for development of a consortium compact
outlining plans for achieving stated goals to be submitted to the council 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, 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.
§18B-3C-8. Process for achieving independently accredited
community and technical colleges.
(a) By the first day of July, two thousand five, West Virginia
shall have a continue the statewide network of independently
accredited community and technical colleges serving every region of
the state. This section does not apply to the free-standing
community and technical colleges, Fairmont State University or West
Virginia University at Parkersburg.
(b) To be eligible for funds appropriated to develop
independently accredited community and technical colleges, a state
institution of higher education shall demonstrate the following:
(1) That it has as a part of its institutional compact
approved by the council a step-by-step plan with measurable
benchmarks for developing an independently accredited community and technical college that meets the essential conditions set forth in
section three of this article;
(2) That it is able to offer evidence to the satisfaction of
the council that it is making progress toward accomplishing the
benchmarks established in its institutional compact for developing
an independently accredited community and technical college; and
(3) That it has submitted an expenditure schedule approved by
the council which sets forth a proposed plan of expenditures for
funds allocated to it from the fund.
(c) The following are recommended strategies for moving from
the current arrangement of "component" community and technical
colleges to the legislatively mandated statewide network of
independently accredited community and technical colleges serving
every region of the state. The Legislature recognizes that there
may be other means to achieve this ultimate objective; however, it
is the intent of the Legislature that the move from the current
arrangement of "component" community and technical colleges to the
legislatively mandated statewide network of independently
accredited community and technical colleges serving every region of
the state shall be accomplished. The following recommendations are
designed to reflect significant variations among regions and the
potential impacts on the sponsoring institutions. There is
continued the statewide network of independently accredited
community and technical colleges as outlined below:
(1) New River Community and Technical College. -
(A) There is continued the multicampus entity known as New River Community and Technical College, administratively linked to
Bluefield State College. New River Community and Technical College
is headquartered in the Beckley Higher Education Center and
incorporates the campuses of Greenbrier Community College Center of
New River Community and Technical College and Nicholas Community
College Center of New River Community and Technical College. New
River Community and Technical College shall be an independently
accredited community and technical college. The council shall
appoint an institutional board of advisors, pursuant to section
one, article six of this chapter, for New River community and
technical college which is separate from the institutional board of
governors of Bluefield state college. The board of advisors shall
become the board of governors pursuant to section one, article
two-a of this chapter when the institution achieves independent
accreditation.
(B) Bluefield State College may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided through
direct coordination with a baccalaureate institution. Any such
program shall be delivered under the authority of the council and
through contract with the community and technical college. The
terms of the contract shall be negotiated between the council and
the governing board of the sponsoring institution. The final
contract is approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(C) Bluefield State College may continue the associate of
science degree in nursing which is an existing nationally
accredited associate degree program in an area of particular
institutional strength and which is closely articulated to the
baccalaureate program and mission. The program is of a high-cost
nature and can best be provided through direct administration by a
baccalaureate institution. This program may not be transferred to
New River Community and Technical College or any other community
and technical college as long as the program maintains national
accreditation and is seamlessly coordinated into the baccalaureate
program at the institution.
(D) By the first day of July, two thousand five, New River
community and technical college shall be independently accredited.
The president and the board of governors of Bluefield state college
are responsible for obtaining independent accreditation of the
community and technical college. If the multicampus entity known
as New River community and technical college has not obtained
independent accreditation by this date, the council shall choose
one of the following options:
(i) Create New River as a freestanding community and technical
college; or
(ii) Assign the responsibility for obtaining independent accreditation to another state institution of higher education.
(E) The president and the board of governors of Bluefield
state college also are accountable to the council for ensuring that
the full range of community and technical college services is
available throughout the region and that New River community and
technical college adheres to the essential conditions pursuant to
section three of this article.
(F) (D) As an independently accredited community and technical
college, New River Community and Technical College also shall serve
serves as a higher education center for its region by brokering
with other colleges, universities and other providers, in-state and
out-of-state, both public and private, to ensure the coordinated
access of students, employers and other clients to needed programs
and services.
(G) (E) New River Community and Technical College shall
participate participates in the planning and development of a
unified effort involving multiple providers to meet the documented
education and workforce development needs in the region. Nothing
in this subdivision prohibits or limits any existing, or the
continuation of any existing, affiliation between Mountain State
University, West Virginia University Institute of Technology and
West Virginia University. The objective is to assure students and
employers in the area that there is coordination and efficient use
of resources among the separate programs and facilities, existing
and planned, in the Beckley area.
(2) Fairmont state community and technical college. -- Fairmont state community and technical college is an independently
accredited community and technical college. The community and
technical college is developed on the base of the component
community and technical college of Fairmont state college. Subject
to the provisions of this section, the president and the governing
board of Fairmont state college are responsible, according to a
plan approved by the council, for step-by-step implementation of
the independently accredited community and technical college which
adheres to the essential conditions pursuant to section three of
this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to Fairmont state college. Fairmont state
college may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the
contract shall be negotiated between the council and the governing
board of the sponsoring institution. The final contract is
approved by the council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.
(3) (2) Marshall community and technical college. -- Marshall
Community and Technical College is an independently accredited
community and technical college. The new community and technical
college is developed on the base of the component Community and
Technical College of Marshall University. Subject to the
provisions of this section, the president and the governing board
of Marshall University are responsible, according to a plan
approved by the council, for step-by-step implementation of the new
independently accredited community and technical college which
adheres to the essential conditions pursuant to section three of
this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to Marshall University. Marshall
University may continue associate degree programs in areas of
particular institutional strength which are closely articulated to
their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the
contract shall be negotiated between the council and the governing
board of the sponsoring institution. The final contract is
approved by the council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the council. If the council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(4) (3) The community and technical college of Shepherd Blue
Ridge Community and Technical College. -- The community and
technical college of Shepherd shall become Blue Ridge Community and
Technical College is an independently accredited community and
technical college. The new community and technical college is
developed on the base of the component Community and Technical
College of Shepherd College University. Subject to the provisions
of this section, the president and the governing board of Shepherd
college are responsible, according to a plan approved by the
council, for step-by-step implementation of the new independently
accredited community and technical college which adheres to the
essential conditions pursuant to section three of this article.
Subject to the provisions of section twelve of this article, the
community and technical college will remain remains
administratively linked to Shepherd College University. Shepherd
College University may continue associate degree programs in areas
of particular institutional strength which are closely articulated
to their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided in direct coordination
with a baccalaureate institution. Any such program shall be
delivered under the authority of the council and through contract
with the community and technical college. The terms of the
contract shall be negotiated between the council and the governing board of the sponsoring institution. The final contract is
approved by the council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(5) (4) West Virginia State Community and Technical College.
-- West Virginia State Community and Technical College shall become
is an independently accredited community and technical college.
The new community and technical college is developed on the base of
the component Community and Technical College of West Virginia
State College University. Subject to the provisions of this
section, the president and the governing board of West Virginia
State College University are responsible, according to a plan
approved by the council, for step-by-step implementation of the new
independently accredited community and technical college which
adheres to the essential conditions pursuant to section three of
this article. Subject to the provisions of section twelve of this
article, the community and technical college will remain
administratively linked to West Virginia State College University.
West Virginia State College University may continue associate
degree programs in areas of particular institutional strength which
are closely articulated to their baccalaureate programs and
missions or which are of a high-cost nature and can best be
provided in direct coordination with a baccalaureate institution. Any such program shall be delivered under the authority of the
council and through contract with the community and technical
college. The terms of the contract shall be negotiated between the
council and the governing board of the sponsoring institution. The
final contract is approved by the council. Such a program shall be
evaluated according to the benchmarks and indicators for community
and technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(6) (5) The Community and Technical College at West Virginia
University Institute of Technology. -- The Community and Technical
College at West Virginia University Institute of Technology is an
independently accredited community and technical college. The new
community and technical college is developed on the base of the
component Community and Technical College of West Virginia
University Institute of Technology. Subject to the provisions of
this section, the president and the governing board of West
Virginia University Institute of Technology are responsible,
according to a plan approved by the commission, for step-by-step
implementation of the new independently accredited community and
technical college which adheres to the essential conditions
pursuant to section three of this article. Subject to the
provisions of section twelve of this article, the community and
technical college will remain administratively linked to West
Virginia University Institute of Technology. West Virginia University Institute of Technology may continue associate degree
programs in areas of particular institutional strength which are
closely articulated to their baccalaureate programs and missions or
which are of a high-cost nature and can best be provided in direct
coordination with a baccalaureate institution. Any such program
shall be delivered under the authority of the council and through
contract with the community and technical college. The terms of
the contract shall be negotiated between the council and the
governing board of the sponsoring institution. The final contract
is approved by the council. Such a program shall be evaluated
according to the benchmarks and indicators for community and
technical college education developed by the council. If the
council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter
be delivered by the community and technical college.
(d) For each administratively linked community and technical
college which fails to achieve independent accreditation by the
first day of July, two thousand five, the council shall choose one
of the following options:
(1) Create the administratively linked institution as a
freestanding community and technical college; or
(2) Assign the responsibility for obtaining independent
accreditation to another state institution of higher education.
The president and the board of governors of each sponsoring
institution is accountable to the council for ensuring that the
community and technical college is able to meet the conditions for independent accreditation and adheres to the essential conditions
pursuant to section three of this article.
§18B-3C-13. Blue Ridge Community and Technical College.
The Community and Technical College of Shepherd University is
hereafter named "Blue Ridge Community and Technical College". Any
reference in this code to the Community and Technical College of
Shepherd University means Blue Ridge Community and Technical
College.
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 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 member may 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. appropriate governing board. 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 Blue Ridge Community and Technical College,
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 Blue Ridge Community and Technical
College, 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.
The bill (S. B. No. 792), as amended, was then ordered to
engrossment and third reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 1, 2006, at 11 a.m.
____________