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Friday, March 7, 2008

FIFTY-NINTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 6, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
S. C. R. 18, Requesting Division of Highways name bridge in Martinsburg, Berkeley County, "Dr. C. Vincent Townsend, Sr., Bridge",
And reports the same back with the recommendation that it be adopted.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub for H. B. 4157, Allowing insurers who have been suspended from writing new policies to continue to service existing policies.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, section one, line nine, after the word "effect" and the comma, by inserting the words "and as authorized by the commissioner" and a comma.
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 372), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Mahan, Marshall and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4157) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 373), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4157) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, to take effect July 1, 2008, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4421, Repealing the corporate license tax, and creating corporate license tax replacement fees.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
Delegate DeLong moved that the bill take effect July 1, 2008.
On this question, the yeas and nays were taken (Roll No. 374), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4421) takes effect July 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4471, Making certain changes to the West Virginia State Police Retirement System.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That article 2, chapter 15 of the Code of West Virginia, as amended, be amended by adding thereto a new section, designated section §15-2-24b; and that §15-2A-2, §15-2A-3, §15-2A-4, §15-2A-5, §15-2A-6, §15-2A-6a, §15-2A-6c, §15-2A-6d, §15-2A-7, §15-2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-11a, §15-2A-11b, §15-2A-12, §15-2A-13, §15-2A-14, §15-2A-15, §15-2A-17 and §15-2A-19 be amended and reenacted, all to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-24b. Fees for certain fingerprinting services; dedication of fees.

In addition to any fees that may be established or collected by the State Police under any other provision of this article or rule promulgated pursuant thereto, the State Police shall collect a fee of twenty dollars for performing adult private employment fingerprinting or fingerprinting for federal firearm permits: Provided, That all state entities are exempt from the fee. Fees collected pursuant to this section shall be deposited into the West Virginia State Police Retirement System and shall be in addition to employer percent-of-payroll contribution.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-2. Definitions.

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

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

There is hereby created the The West Virginia State Police Retirement Fund is continued for the benefit of the members and retirants of the retirement system created pursuant to this article and the dependents of any deceased or retired member of the system. All moneys paid into and accumulated in the fund, except such any amounts as shall be designated or set aside by the board for payments of benefits as provided in this article, shall be invested by the state board of investments West Virginia Investment Management Board as provided by law.
§15-2A-5. Employee contributions; employer contributions; forfeitures.
(a) There shall be deducted from the monthly payroll of each member employee and paid into the fund created pursuant to section four of this article twelve percent of the amount of his or her salary: Provided, That after the first day of July, two thousand eight, if the unfunded liability of the Fund falls below the ninety percent threshold, then the employee rate of contribution shall be increased to thirteen percent of the amount of the employee's salary until the ninety percent or better funding level is again achieved. Once that funding level is achieved the employee contribution rate will be reduced to twelve percent.
(b) The State of West Virginia's contributions to the retirement system, as determined by the consolidated public retirement board by legislative rule promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code, shall be a percent of the members' employees' total annual compensation base salary related to benefits under this retirement system. In determining the amount, the board shall give consideration to setting the amount at a sum equal to an amount which, if paid annually by the state, will be sufficient to provide for the total normal cost of the benefits expected to become payable to all members and retirants and to amortize any unfunded liability found by application of the actuarial funding method chosen for that purpose by the consolidated public retirement board over a period of years determined actuarially appropriate. When proposing a rule for promulgation which relates to the amount of employer contribution, the board may promulgate emergency rules pursuant to the provisions of article three, chapter twenty-nine-a of this code if the inability of the board to increase state contributions will detrimentally affect the actuarial soundness of the retirement system. A signed statement from the state actuary shall accompany the statement of facts and circumstances constituting an emergency which shall be filed in the State Register. For purposes of this section, subdivision (2), subsection (b), section fifteen-a, article three, chapter twenty-nine-a of this code is not applicable to the Secretary of State's determination of whether an emergency rule should be approved. The state's contributions shall be paid monthly into the fund created pursuant to section four of this article out of the annual appropriation for the department agency.
(c) Notwithstanding any other provisions of this article, forfeitures under the system shall not be applied to increase the benefits any member or retirant would otherwise receive under the system.
§15-2A-6. Retirement; commencement of benefits.
(a) A member may retire with full benefits upon attaining the age of fifty-five fifty and completing twenty twenty-five or more years of service or attaining the age of fifty-two and completing twenty years or more of service by lodging with the consolidated public retirement board filing with the board his or her voluntary petition application in writing for retirement. A member who is less than age fifty-five fifty-two may retire upon completing twenty years or more of service: Provided, That he or she will receive a reduced benefit that is of equal actuarial value to the benefit the member would have received if the member deferred commencement of his or her accrued retirement benefit to the age of fifty-five fifty-two.
(b) When the retirement board retires a member with full benefits under the provisions of this section, the board, by order in writing, shall make a determination that the member is entitled to receive an annuity equal to two and three-fourths percent of his or her final average salary multiplied by the number of years, and fraction of a year, of his or her service in the department at the time of retirement. The member's retirant's annuity shall begin the first day of the calendar month following the month in which the member's application for the annuity is filed with the board on or after his or her attaining age and service requirements and termination of employment.
(c) In no event may the provisions of section thirteen, article sixteen, chapter five of this code be applied in determining eligibility to retire with either a deferred or immediate commencement of benefit.
§15-2A-6a. Federal law maximum benefit limitations.
Notwithstanding any other provision of this article or state law, the board shall administer the retirement system in compliance with the limitations of Section 415 of the Internal Revenue Code and Treasury regulations under that section to the extent applicable to governmental plans so that no annuity or other benefit provided under this system shall exceed those limitations. The extent to which any annuity or other benefit payable under this retirement system shall be reduced as compared with the extent to which an annuity, contributions or other benefits under any other defined benefit plans or defined contribution plans required to be taken into consideration under Section 415 of the Internal Revenue Code shall be reduced shall be determined by the board in a manner that shall maximize the aggregate benefits payable to the member. If the reduction is under this retirement system, the board shall advise affected members or retirants of any additional limitation on the annuities required by this section.
§15-2A-6c. Direct rollovers.
(a) This section applies to distributions made on or after the first day of January, one thousand nine hundred ninety-three. Notwithstanding any provision of this article to the contrary that would otherwise limit a distributee's election under this system, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution that is equal to at least five hundred dollars paid directly to an eligible retirement plan specified by the distributee in a direct rollover. For purposes of this section, the following definitions apply:
(1) 'Eligible rollover distribution' means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any of the following: (i) Any distribution that is one of a series of substantially equal periodic payments not less frequently than annually made for the life or life expectancy of the distributee or the joint lives or the joint life expectancies of the distributee and the distributee's designated beneficiary or for a specified period of ten years or more; (ii) any distribution to the extent such the distribution is required under Section 401(a)(9) of the Internal Revenue Code; (iii) the portion of any distribution that is not includable in gross income determined without regard to the exclusion for net unrealized appreciation with respect to employer securities; and (iv) any hardship distribution described in Section 401(k)(2)(B)(i)(iv) of the Internal Revenue Code. and (v) any other distribution or distributions expected to total less than two hundred dollars during a year For distributions after the thirty-first day of December, two thousand one, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includable in gross income. However, this portion may be paid only to an individual retirement account or annuity described in Section 408(a) or (b) of the Internal Revenue Code or to a qualified defined contribution plan described in Section 401(a) or 403(a) of the Internal Revenue Code that agrees to separately account for amounts transferred, including separately accounting for the portion of the distribution which is includable in gross income and the portion of the distribution which is not includable.
(2) 'Eligible retirement plan' means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code or a qualified plan described in Section 401(a) of the Internal Revenue Code that accepts the distributee's eligible rollover distribution: Provided, That in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. For distributions after the thirty-first day of December, two thousand one, an eligible retirement plan also means an annuity contract described in Section 403(b) of the Internal Revenue Code and an eligible plan under Section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into the plan from this system.
(3) 'Distributee' means an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code with respect to governmental plans, are distributees with regard to the interest of the spouse or former spouse.
(4) 'Direct rollover' means a payment by the system to the eligible retirement plan.
(b) Nothing in this section may be construed as permitting rollovers into this system or any other retirement system administered by the board.
§15-2A-6d. Rollovers and transfers to purchase service credit or repay withdrawn contributions.

(a) This section applies to rollovers and transfers as specified in this section made on or after the first day of January, two thousand two. Notwithstanding any provision of this article to the contrary that would otherwise prohibit or limit rollovers and plan transfers to this system, the retirement system shall accept the following rollovers and plan transfers on behalf of a member an employee solely for the purpose of purchasing permissive service credit, in whole and in part, as otherwise provided in this article or for the repayment of withdrawn or refunded contributions, in whole and in part, with respect to a previous forfeiture of service credit as otherwise provided in this article: (i) One or more rollovers within the meaning of Section 408(d)(3) of the Internal Revenue Code from an individual retirement account described in Section 408(a) of the Internal Revenue Code or from an individual retirement annuity described in Section 408(b) of the Internal Revenue Code; (ii) one or more rollovers described in Section 402 (c) of the Internal Revenue Code from a retirement plan that is qualified under Section 401(a) of the Internal Revenue Code or from a plan described in Section 403(b) of the Internal Revenue Code; (iii) one or more rollovers described in Section 457(e)(16) of the Internal Revenue Code from a governmental plan described in Section 457 of the Internal Revenue Code; or (iv) direct trustee-to-trustee transfers or rollovers from a plan that is qualified under Section 401(a) of the Internal Revenue Code from a plan described in Section 403(b) of the Internal Revenue Code or from a governmental plan described in Section 457 of the Internal Revenue Code: Provided, That any rollovers or transfers pursuant to this section shall be accepted by the system only if made in cash or other asset permitted by the board and only in accordance with the policies, practices and procedures established by the board from time to time. For purposes of this section, the following definitions apply:
(1) 'Permissive service credit' means service credit which is permitted to be purchased under the terms of the retirement system by voluntary contributions in an amount which does not exceed the amount necessary to fund the benefit attributable to the period of service for which the service credit is being purchased, all as defined in Section 415(n)(3)(A) of the Internal Revenue Code.
(2) 'Repayment of withdrawn or refunded contributions' means the payment into the retirement system of the funds required pursuant to this article for the reinstatement of service credit previously forfeited on account of any refund or withdrawal of contributions permitted in this article, as set forth in Section 415(k)(3) of the Internal Revenue Code.
(b) Nothing in this section shall be construed as permitting rollovers or transfers into this system or any other system administered by the retirement board other than as specified in this section and no rollover or transfer shall be accepted into the system in an amount greater than the amount required for the purchase of permissive service credit or repayment of withdrawn or refunded contributions.
(c) Nothing in this section shall be construed as permitting the purchase of service credit or repayment of withdrawn or refunded contributions except as otherwise permitted in this article.
§15-2A-7. Annual annuity adjustment.
(a) Every member retirant of the department fund who is sixty-three years of age or older and who is retired by the retirement board under the provisions of section six of this article; every member retirant who is retired under the provisions of section nine or ten of this article; and every surviving spouse receiving a benefit pursuant to section twelve, thirteen or fourteen of this article is eligible to receive an annual retirement annuity adjustment equal to one percent of his or her retirement award or surviving spouse award. The adjustments may not be retroactive. Yearly adjustments shall begin upon the first day of July of each year. The annuity adjustments shall be awarded and paid to a member the retirant or surviving spouse from the fund in equal monthly installments while the member is in status of retirement the retirant or surviving spouse are receiving annuity payments. The annuity adjustments shall supplement the retirement awards and benefits provided in this article.
(b) Any member retirant or beneficiary surviving spouse who receives a benefit pursuant to the provisions of section nine, ten, twelve, thirteen or fourteen of this article shall begin to receive the annual annuity adjustment one year after the commencement of the benefit on the next July first: Provided, That if the member retirant has been retired for less than one year or if the surviving spouse has been in receipt of surviving spouse payments for less than one year when the first annuity adjustment is given on that July first, that first annuity adjustment will be a pro rata share of the full year's annuity adjustment.
§15-2A-8. Refunds to certain members upon discharge of resignation; deferred retirement.
(a) Any member employee who is discharged by order of the superintendent or otherwise terminates employment with the department agency is, at the written request of the member to the retirement board, entitled to receive from the retirement fund a sum equal to the aggregate of the principal amount of moneys deducted from the his or her base salary of the member and paid into the retirement fund plus four percent interest compounded thereon calculated annually as provided and required by this article.
(b) Any member withdrawing contributions who may thereafter be reenlisted as a member of the reemployed by the department agency shall not receive any prior service credit in the fund on account of the former service. unless following his or her reenlistment the member redeposits The employee may redeposit in the fund established by this article the amount of the refund, together with interest thereon at the rate of seven and one-half percent per annum from the date of withdrawal to the date of redeposit, in which case he or she shall receive the same credit on account of his or her former service as if no refund had been made.
(c) Every member employee who completes ten years of service with the department agency is eligible, upon separation of employment, with the department to either withdraw his or her contributions in accordance with subsection (a) of this section or to choose not to withdraw his or her accumulated contributions. with interest Upon attainment of age sixty-two, a member who chooses not to withdraw his or her contributions is eligible to receive a retirement annuity. The annuity shall be payable during the lifetime of the member retirant and shall be in the amount of his or her accrued retirement benefit as determined under section six of this article. The retiring member retirant may choose, in lieu of a life annuity, an annuity in a reduced amount payable during the member's retirant's lifetime, with one half of the reduced monthly amount paid to his or her surviving spouse if any, for the spouse's remaining lifetime after the death of the member retirant. Reduction of the monthly benefit amount shall be calculated to be of equal actuarial value to the life annuity the member retirant could otherwise have chosen. Any member retirant choosing to receive the deferred annuity under this subsection is not eligible to receive the annual annuity adjustment provided in section seven of this article. A retiring member under the provisions of this section may receive retirement annuity payments on the first day of the month following his or her attaining age sixty-two and upon receipt of the application for retirement. The board shall promptly provide the member with an explanation of his or her optional forms of retirement benefits and, upon receipt of properly executed forms from the agency and member, the board shall process the member's request for and commence payments as soon as administratively feasible.
§15-2A-9. Awards and benefits for disability -- Incurred in performance of duty.
(a) Except as otherwise provided in this section, a member Any employee of the department agency who has not yet entered retirement status on the basis of age and service and who becomes partially disabled by injury, illness or disease resulting from any occupational risk or hazard inherent in or peculiar to the services required of members employees of the department and agency or incurred pursuant to or while the member employee was engaged in the performance of his or her duties as a member an employee of the department agency shall, if, in the opinion of the retirement board, he or she is, by reason of such that cause, unable to perform adequately the duties required of him or her as a member an employee of the department agency, but is able to engage in other gainful employment in a field other than law enforcement, be retired from active service by the board. The member retirant thereafter is entitled to receive annually and there shall be paid to the member from the fund in equal monthly installments during the his or her lifetime of the member, or until the member attains the age of fifty-five or until the disability eligibility sooner terminates, one or the other of two amounts, whichever is greater:
(1) An amount equal to six tenths of the base salary received in the preceding twelve-month employment period: Provided, That if the member had not been employed with the department agency for twelve months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or
(2) The sum of six thousand dollars. Upon attaining age fifty-five The first day of the month following the date in which the retirant attains age fifty-five, the member retirant shall receive the benefit provided in section six of this article as it would apply to his or her final average salary based on earnings from the department agency through the day immediately preceding his or her disability. The recalculation of benefit upon a member retirant attaining age fifty-five shall be considered to be a retirement under the provisions of section six of this article for purposes of determining the amount of annual annuity adjustment and for all other purposes of this article: Provided, That a member retirant who is partially disabled under this article may not, while in receipt of benefits for partial disability, be employed as a law-enforcement officer: Provided, however, That a member retired retirant on a partial disability under this article may serve as an elected sheriff or appointed chief of police in the state without a loss of disability retirement benefits so as long as the elected or appointed position is shown, to the satisfaction of the board, to require the performance of administrative duties and functions only, as opposed to the full range of duties of a law-enforcement officer.
(b) Any member who has not yet entered retirement status on the basis of age and service and who becomes physically or mentally disabled by injury, illness or disease on a probable permanent basis resulting from any occupational risk or hazard inherent in or peculiar to the services required of members employees of the department agency and or incurred pursuant to or while the member employee was or is engaged in the performance of his or her duties as a member an employee of the department agency to the extent that the member employee is incapacitated ever to engage in any gainful employment, the member employee is entitled to receive annually, and there shall be paid to the member from the fund in equal monthly installments during the his or her lifetime of the member or until the disability sooner terminates, an amount equal to the amount of the base salary received by the member employee in the preceding full twelve-month employment period. Until a member has worked twelve months, the amount of monthly base salary shall be annualized for the purpose of determining the benefit.
(c) The superintendent of the department agency may expend moneys from funds appropriated for the department agency in payment of medical, surgical, laboratory, X-ray, hospital, ambulance and dental expenses and fees and reasonable costs and expenses incurred in the purchase of artificial limbs and other approved appliances which may be reasonably necessary for any member retirant of the department who is temporarily, permanently or totally disabled by injury, illness or disease resulting from any occupational risk or hazard inherent in or peculiar to the service required of members employees of the department agency and or incurred pursuant to or while the member employee was or shall be engaged in the performance of duties as a member an employee of the department agency. Whenever the superintendent determines that any disabled member retirant is ineligible to receive any of the aforesaid benefits in this section at public expense, the superintendent shall, at the request of the disabled member retirant, refer the matter to the board for hearing and final decision. In no case will the compensation rendered to health care providers for medical and hospital services exceed the then current rate schedule in use by the Bureau of Employment Programs, Workers' Compensation Division approved by the West Virginia Insurance Commission. Upon termination of employment and receipt of properly executed forms from the agency and the member, the board shall process the member's disability retirement benefit and commence annuity payments as soon as administratively feasible. §15-2A-10. Same -- Due to other causes.
(a) If any member employee while in active service of the State Police agency becomes partially or totally disabled on a probable permanent basis to the extent that the member employee cannot adequately perform the duties required of a member an employee of the department agency from any cause other than those set forth in the preceding section and not due to vicious habits, intemperance or willful misconduct on his or her part, the member employee shall be retired by the board. There shall be paid annually to the member retirant from the fund in equal monthly installments, commencing on the date the member retirant is retired and continuing during the lifetime of the member retirant or until the member retirant attains the age of fifty-five; while in status of retirement an amount equal to one half the base salary received by the member retirant in the preceding full twelve-month period: Provided, That if the member retirant had not been employed with the department agency for twelve full months prior to the disability, the amount of monthly base salary shall be annualized for the purpose of determining the benefit.
(b) Upon attaining age fifty-five The first day of the month following the date in which the retirant attains age fifty-five, the member retirant shall receive the benefit provided in section six of this article as it would apply to his or her final average salary based on earnings from the department agency through the day immediately preceding his or her disability. The recalculation of benefit upon a member retirant attaining age fifty-five shall be considered to be a retirement under the provisions of section six of this article for purposes of determining the amount of annual annuity adjustment and for all other purposes of this article.
§15-2A-11. Same -- Physical examinations; termination.
The board may require any member disabled retirant retired with compensation on account of disability to submit to a physical or mental examination or both a physical and mental examination by a physician or physicians selected or approved by the board and cause all costs incident to the examination, including hospital, laboratory, X-ray, medical and physicians' fees, to be paid out of funds appropriated to defray the current expenses of the department agency, and the physician or physicians shall submit a report of the findings of the physician or physicians shall be submitted in writing to the board for its consideration. If from the report, or from the report and hearing on the report, the board is of the opinion and finds that the disabled member retirant has recovered from the disability to the extent that he or she is able to perform adequately the duties of a law-enforcement officer, the board shall order that all payments from the fund to that disabled retirant be terminated. If from the report, or the report and hearing on the report, the board is of the opinion and find finds that the disabled member retirant has recovered from his or her previously determined probable permanent disability to the extent that he or she is able to engage in any gainful employment, but unable to adequately perform the duties of a law-enforcement officer, the board shall order, in the case of a member retired disabled retirant receiving benefits under the provisions of section nine of this article, that the disabled member retirant be paid annually from the fund an amount equal to six tenths of the base salary paid to the member retirant in the last full twelve-month employment period. The board shall order, in the case of a member disabled retirant receiving benefits retired under the provisions of section ten of this article, that the disabled member retirant be paid from the fund an amount equal to one fourth of the base salary paid to the member retirant in the last full twelve-month employment period: Provided, That if the member retirant had not been employed with the department agency for twelve full months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit.
§15-2A-11a. Physical examinations of prospective members; application for disability benefit; determinations.

(a) Not later than thirty days after an employee becomes a member of the fund, the employer shall forward to the board a copy of the physician's report of a physical examination which incorporates the standards or procedures described in section seven, article two, chapter fifteen of this code. A copy of the physicians's report shall be placed in the employee's retirement system file maintained by the board.
(b) Application for a disability benefit may be made by a member an employee or, if the member employee is under an incapacity, by a person acting with legal authority on the member's employee's behalf. After receiving an application for a disability benefit, the board shall notify the superintendent of the department agency that an application has been filed: Provided, That when, in the judgment of the superintendent, a member an employee is no longer physically or mentally fit for continued duty as a member an employee of the West Virginia State Police agency and the member employee has failed or refused to make application for disability benefits under this article, the superintendent may petition the board to retire the member employee on the basis of disability pursuant to legislative rules proposed in accordance with article three, chapter twenty-nine-a of this code. Within thirty days of the superintendent's receipt of the notice from the board or the filing of the superintendent's petition with the board, the superintendent shall forward to the board a statement certifying the duties of the member's employment employee's job description, information relating to the superintendent's position on the work relatedness of the member's employee's alleged disability, complete copies of the member's employee's medical file and any other information requested by the board in its processing of the application.
(c) The board shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code relating to the processing of applications and petitions for disability retirement under this article.
(d) The board shall notify a member an employee and the superintendent of its final action on the disability application or petition within ten days of the board's final action. The notice shall be sent by certified mail, return receipt requested. If either the member employee or the superintendent is aggrieved by the decision of the board and intends to pursue judicial review of the board's decision as provided in section four, article five, chapter twenty-nine-a of this code, the party aggrieved shall notify the board within twenty days of the member's employee's or superintendent's receipt of the board's notice that they intend to pursue judicial review of the board's decision.
(e) The board may require a disability benefit recipient disabled retirant to file an annual statement of earnings and any other information required in rules which may be adopted by the board. The board may waive the requirement that a disability benefit recipient disabled retirant file the annual statement of earnings if the board's physician certifies that the recipient's disability is ongoing. The board shall annually examine the information submitted by the recipient disabled retirant. If a disability recipient disabled retirant refuses to file the statement or information, the disability benefit shall be suspended until the statement and information are filed.
§15-2A-11b. Annual report on each employer's disability retirement experience.
Not later than the first day of January, two thousand six, and each first day of January thereafter, the board shall prepare a report for the preceding fiscal year of the disability retirement experience of the State Police West Virginia State Police Retirement Fund. The report shall specify the total number of disability applications submitted, the status of each application as of the last day of the fiscal year, total applications granted or denied and the percentage of disability benefit recipients to the total number of the State Police agency employees who are members of the fund. The report shall be submitted to the Governor and the chairpersons of the standing committees of the Senate and House of Delegates with primary responsibility for retirement legislation.
§15-2A-12. Awards and benefits to dependents of employees or retirants - When employee dies in performance of duty, etc.; dependent child scholarship and amount.

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

(a) In any case where a member an employee while in active service of the department agency, before having completed twenty years of service as a member an employee of the department agency, dies from any cause other than those specified in this article and not due to vicious habits, intemperance or willful misconduct on his or her part, there shall be paid annually in equal monthly installments from the fund to the surviving spouse of the member during his or her lifetime, or until such time as the surviving spouse remarries, a sum equal to one half of the base salary received in the preceding full twelve-month employment period by the deceased member: Provided, That if the member had not been employed with the department agency for twelve full months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit. If there is no surviving spouse or the surviving spouse dies or remarries, there shall be paid monthly to each dependent child or children from the fund a sum equal to one fourth of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount that a surviving spouse would have been entitled to receive: Provided, however, That when there is but one dependent parent surviving, then that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive: Provided further, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: And provided further, That if there is no surviving spouse, dependent child, dependent parent of the deceased member or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.
(b) A surviving spouse or dependent of an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date the deceased member is removed from payroll by the agency. A surviving spouse or dependent of a member who is not currently an employee meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased member's death. A surviving spouse or dependent of a retirant meeting the requirements of this section is entitled to receive beneficiary payments on the first day of the month following the date of the deceased retirant's death. Upon receipt of properly executed forms from the agency and surviving spouse or dependent, the board shall process the surviving spouse or dependent benefit as soon as administratively feasible.
§15-2A-14. Awards and benefits to dependents of member -- When member dies after retirement or after serving twenty years.
(a) When any member employee of the department agency has completed twenty years of service or longer as a member an employee of the department agency and dies from any cause or causes other than those specified in this article before having been retired by the board and when a member retirant in retirement status has died or dies after having been retired by the board under the provisions of this article, there shall be paid annually in equal monthly installments from the fund to the surviving spouse of the member or retirant, commencing on the date of the death of the member and continuing during the lifetime or until remarriage of the surviving spouse, an amount equal to two thirds of the retirement benefit which the deceased member retirant was receiving while in status of retirement or would have been entitled to receive to the same effect as if the member had been retired under the provisions of this article immediately prior to the time of his or her death. In no event shall the annual benefit payable be less than five thousand dollars. In addition, thereto the surviving spouse is entitled to receive and there shall be paid to the surviving spouse from the fund the sum of one hundred dollars monthly for each dependent child or children. If the surviving spouse dies or remarries, or if there is no surviving spouse, there shall be paid monthly from the fund to each dependent child or children of the deceased member a sum equal to one fourth of the surviving spouse's entitlement. If there is no surviving spouse or no surviving spouse eligible to receive benefits and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse without children would have been entitled to receive: Provided, That when there is but one dependent parent surviving, that parent is entitled to receive during his or her lifetime one-half the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving spouse, dependent child or dependent parent of the deceased member, the accumulated contributions shall be paid to a named beneficiary or beneficiaries: Provided further, That if there is no surviving spouse, dependent child, dependent parent of the deceased member or any named beneficiary or beneficiaries, then the accumulated contributions shall be paid to the estate of the deceased member.
(b) The member retirant may choose a higher percentage of surviving spouse benefits by taking an actuarially determined reduced initial benefit so that the chosen spouse benefit and initial benefit would be actuarially equivalent to the normal spouse benefit and initial benefit. The retirement board shall design these benefit options and provide them as choices for the member retirant to select. For the purposes of this subsection, 'initial benefit' means the benefit received by the member retirant upon retirement.
§15-2A-15. Exemption from taxation, garnishment and other process; exception for certain qualified domestic relations orders.

The moneys in the fund and the right of a member or retirant to a retirement allowance, to the return of contributions or to any benefit under the provisions of this article are hereby exempt from any state or municipal tax; shall are not be subject to execution, garnishment, attachment or any other process whatsoever except that the benefits or contributions under this system shall be are subject to 'qualified domestic relations orders' as that term is defined in Section 414(p) of the Internal Revenue Code with respect to governmental plans; and shall be are unassignable except as is provided in this article.
§15-2A-17. Awards and benefits to dependents of member -- Termination.
When any surviving spouse of a member or retirant shall die or remarry dies or remarries while receiving or being entitled to receive any benefits under any section except section twelve of this article, the surviving spouse may not from the date of his or her remarriage, nor may the estate from the date of death of the deceased member's or retirant's surviving spouse, be entitled to receive any benefits hereunder under this article whatsoever: Provided, That in any case where under the terms of this article benefits are provided for a child or children surviving the death or remarriage of the surviving spouse, payment of benefits to that child or children shall be calculated for payment from the date the surviving spouse dies or remarries.
§15-2A-19. Credit toward retirement for member's prior military service; credit toward retirement when member has joined armed forces in time of armed conflict; qualified military service.

(a) Any member who has previously served on active military duty is entitled to receive additional credited service for the purpose of determining the amount of retirement award under the provisions of this article for a period equal to the active military duty not to exceed five years, subject to the following:
(1) That he or she has been honorably discharged from the armed forces;
(2) That he or she substantiates by appropriate documentation or evidence his or her period of active military duty;
(3) That he or she is receiving no benefits from any other retirement system for his or her active military duty; and
(4) That, except with respect to disability retirement pay awarded under this article, he or she has actually served with the department agency for twenty years exclusive of his or her active military duty.
(b) In addition, any person who, while a member an employee of the department agency, was commissioned, enlisted or inducted into the armed forces of the United States or, being a member of the reserve officers' corps, was called to active duty in the armed forces between the first day of September, one thousand nine hundred forty, and the close of hostilities in World War II, or between the twenty-seventh day of June, one thousand nine hundred fifty, and the close of the armed conflict in Korea on the twenty-seventh day of July, one thousand nine hundred fifty-three, between the first day of August, one thousand nine hundred sixty-four, and the close of the armed conflict in Vietnam, or during any other period of armed conflict by the United States whether sanctioned by a declaration of war by Congress or by executive or other order of the President, is entitled to and shall receive credit on the minimum period of service required by law for retirement pay from the service of the department agency, or its predecessor agency, for a period equal to the full time that he or she has or, pursuant to that commission, enlistment, induction or call, shall have served with the armed forces subject to the following:
(1) That he or she has been honorably discharged from the armed forces;
(2) That, within ninety days after honorable discharge from the armed forces, he or she presented himself or herself to the superintendent and offered to resume service as an active member of the department agency; and
(3) That he or she has made no voluntary act, whether by reenlistment, waiver of discharge, acceptance of commission or otherwise, to extend or participate in extension of the period of service with the armed forces beyond the period of service for which he or she was originally commissioned, enlisted, inducted or called.
(c) The total amount of military service credit allowable under this section may not exceed five years for any member of the department agency.
(d) Notwithstanding the preceding provisions of this section, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414 (u) of the Internal Revenue Code. For purposes of this section, 'qualified military service' has the same meaning as in Section 414 (u) of the Internal Revenue Code. The retirement board shall determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414 (u) of the Internal Revenue Code."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4471 - "A Bill to amend article 2, chapter 15 of the Code of West Virginia, as amended, by adding thereto a new section, designated section §15-2-24b, and to amend and reenact §15-2A-2, §15-2A-3, §15-2A-4, §15-2A-5, §15-2A-6, §15-2A-6a, §15-2A-6c, §15-2A-6d, §15-2A-7, §15-2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-11a, §15-2A-11b, §15-2A-12, §15-2A-13, §15-2A-14, §15-2A-15, §15-2A-17 and §15-2A-19, all relating to the West Virginia State Police Retirement Fund; requiring the State Police to collect a fee for certain fingerprinting services and deposit the fees into the retirement system; adding, deleting and modifying definitions; specifying the title of West Virginia State Police Retirement System; clarifying the usage of the terms 'employee', 'member' and 'retirant or retiree' as defined; clarifying the usage of the terms 'fund', 'plan', 'system' or 'retirement system' as defined; clarifying the usage of the term 'base salary' as defined; clarifying the usage of the term 'agency' as defined; authorizing the board to increase or decrease the employee's contribution rate under specified circumstances; reducing the normal retirement age for members; eliminating minimum required eligible direct rollover distributions paid directly to an eligible retirement plan; allowing distributions totaling less than two hundred dollars within the definition of 'eligible rollover distribution'; clarifying the usage of the term 'surviving spouse' as defined; clarifying surviving spouse payments when calculating the pro rata share of annuity adjustments; specifying the time frame that a retirant may receive deferred annuity payments; clarifying the age requirement for a retirant receiving a duty disability annuity; requiring the base salary of a member receiving a duty disability annuity to be annualized until the member has worked twelve months; specifying the title of the West Virginia Insurance Commission; clarifying the time frame for which a duty disability retirant receives a retirement benefit; specifying that disability petitions certify the job description of an employee applying for a disability retirement; specifying the time frame for receipt of awards and benefits to dependents of deceased employees; clarifying that death awards and benefits be calculated for the last full twelve-month employment period; requiring that death awards and benefits be paid to a named beneficiary or to the estate of the deceased member if there is no surviving spouse or dependents; eliminating duplicate language referring to a single receipt of state retirement benefits; and adding provisions specifying the time frame for receipt of beneficiary payments."
On motion of Delegate DeLong, the House refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4494, Relating to the regulation of the practice of accountancy.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page eight, section two, line one hundred eleven, by striking out the word "comprising" and inserting in lieu thereof the words "consisting of".
On page eleven, section two, after line one hundred sixty-eight, by inserting a new subdivision, designated subdivision (31), to read as follows:
(31) "Principal place of business" means the licensee's office location in the state where the licensee holds a certificate or registration."
On page eleven, section two, line one hundred sixty-nine, by striking out "(31)" and inserting in lieu thereof "(32)".
On page eleven, section two, line one hundred seventy-two, after the word "to" by inserting a comma.
On page twelve, section two, lines one hundred seventy-four through one hundred seventy- six, by striking out all of subdivision (32).
On page thirteen, section two, line two hundred ten, after the word "state" by inserting a comma.
On page fourteen, section two, line two hundred thirteen, after the word "means" by striking out the word "the".
On page nineteen, section sixteen, line fifty-nine, after the word "to" by inserting the word "the".
On page twenty-one, section sixteen, line ninety-six, by striking out the words "this subsection" and inserting in lieu thereof "subsection (e) of this section".
On page twenty-one, section sixteen, line ninety-seven, after the word "article" by inserting a comma.
And,
On page thirty-five, section twenty-six, lines one hundred thirty-one and one hundred thirty- two, by striking out the words, "No business entity that does not hold a permit or is not" and inserting in lieu thereof "Only a business entity that holds a permit or is".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 375), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4494) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4511, Relating to zoning ordinance adoption by election or otherwise.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §8A-7-8a, all to read as follows:
ARTICLE 7. ZONING ORDINANCE.
§8A-7-7. Election on a zoning ordinance.
(a) The governing body of a municipality or a county may submit a proposed zoning ordinance for approval or rejection at any primary election, general election or special election, to the qualified voters residing:
(1) Within the entire jurisdiction of the governing body, if the proposed zoning ordinance is for the entire jurisdiction; or
(2) In the specific area to be zoned by the proposed zoning ordinance, if the proposed zoning ordinance only applies to part of the governing body's jurisdiction.
(b) The election laws of this state apply to any election on a proposed zoning ordinance.
(c) If a petition for an election on a zoning ordinance is filed with the clerk of a governing body within ninety days after the enactment of a zoning ordinance by a governing body without an election, then a zoning ordinance does not take effect until an election is held and a majority of the voters approves it. At least fifteen ten percent of the total eligible voters in the area to be affected by the proposed zoning ordinance must sign, in their own handwriting, the petition for an election on a zoning ordinance.
(d) Notice for an election on a proposed zoning ordinance must be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.
(e) The ballots for an election on a zoning ordinance shall have the following:
/ / For Zoning

/ / Against Zoning

(f) The zoning ordinance is adopted if it is approved by a majority of the voters and is effective on the date the results of an election are declared. If a zoning ordinance is rejected, the zoning ordinance does not take effect. The governing body may submit the zoning ordinance to the voters again at the next primary or general election.
§8A-7-8. Amendments to the zoning ordinance by the governing body.
(a) After the enactment of the zoning ordinance, the governing body of the municipality or the county may amend the zoning ordinance without holding an election.
(b) (a) Before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.
(b) When a proposed amendment to the zoning ordinance involves a change in the zoning map classification of any parcel of land, or a change to the applicable zoning ordinance text regulations that changes the allowed dwelling unit density of any parcel of land, the governing body shall, at least thirty days prior to the enactment of the proposed amendment if there is not an election, or at least thirty days prior to an election on the proposed amendment to the zoning ordinance:
(1) Give written notice by certified mail to the landowner(s) whose property is directly involved in the proposed amendment to the zoning ordinance; and
(2) Publish notice of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.
§8A-7-8a. Requirements for adopting an amendment to the zoning ordinance.
(a) After the enactment of the zoning ordinance, the governing body of the municipality may amend the zoning ordinance in accordance with section eight of this article, without holding an election.
(b) After the enactment of the zoning ordinance, the governing body of the county may amend the zoning ordinance in accordance with section eight of this article, as follows:
(1) Without holding an election;
(2) Holding an election on the proposed amendment; or
(3) Holding an election on the proposed amendment pursuant to a petition.
(c) If the governing body of the county chooses to hold an election on the proposed amendment, then it must:
(1) Publish notice of the election and the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code; and
(2) Hold an election on the question of adopting or rejecting the proposed amendment to the zoning ordinance at any primary, general or special election for the qualified voters residing in:
(A) The entire jurisdiction of the county, if the zoning ordinance applies to the entire county; or
(B) The specific area to which the zoning ordinance applies, if the zoning ordinance only applies to a part of the county.
(d) The governing body of a county must hold an election on an amendment to a zoning ordinance if a petition, signed by at least ten percent of the eligible voters in the area to which the zoning ordinance applies, is filed:
(1) With the governing body of the county prior to enactment of an amendment to a zoning ordinance; or
(2) After the enactment of an amendment to a zoning ordinance without an election, if the petition for an election on the amendment to a zoning ordinance is filed with the governing body of the county within ninety days.
(e) The governing body of the county holding an election on the proposed amendment pursuant to a petition must:
(1) Publish notice of the election and the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code; and
(2) Hold an election on the question of adopting or rejecting the proposed amendment to the zoning ordinance at any primary, general or special election for the qualified voters residing in:
(A) The entire jurisdiction of the county, if the zoning ordinance applies to the entire county; or
(B) The specific area to which the zoning ordinance applies, if the zoning ordinance only applies to a part of the county.
(f) If an election is held, then the proposed amendment to the zoning ordinance does not take effect until a majority of the voters approve it.
(g) If an election is held and the proposed amendment to the zoning ordinance is rejected, then the proposed amendment does not take effect. The governing body of the county may re-submit the proposed amendment to the zoning ordinance to the voters at another election.
(h) A special election may be held upon written request to the governing body of the county.
(i) The election laws of this state apply to any election on a proposed amendment to a zoning ordinance.
§8A-7-13. Process to replace nontraditional zoning ordinance.
(a) A governing body that has adopted or enacted a nontraditional zoning ordinance may replace the nontraditional zoning ordinance with a zoning ordinance. A nontraditional zoning ordinance may be replaced with a zoning ordinance by:
(1) The governing body; or
(2) A petition by the voters in the affected area. If the voters petition to replace the nontraditional zoning ordinance with a zoning ordinance, then the provisions of this section and this chapter shall be followed.
(b)At least fifteen ten percent of the total eligible voters in the affected area may petition the governing body to replace the nontraditional zoning ordinance with a zoning ordinance. The petition must include:
(1) The governing body's name to which the petition is addressed;
(2) The reason for the petition, including:
(A) Replacing the nontraditional zoning ordinance with a zoning ordinance; and
(B) That the question of replacing the nontraditional zoning ordinance with a new zoning ordinance be put to the voters of the affected area; and
(3) Signatures in ink or permanent marker.
(c) Each person signing the petition must be a registered voter in the affected area and in the governing body's jurisdiction. The petition must be delivered to the clerk of the affected governing body. There are no time constraints on the petition.
(d) Upon receipt of the petition with the required number of qualifying signatures, the governing body shall place the question on the next special, primary or general election ballot. Notice for an election on replacing a zoning ordinance must be published in a local newspaper of general circulation in the area affected by the nontraditional zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.
(e) The ballots for an election on replacing a zoning ordinance shall have the following:
"Shall __________ (name of governing body) replace _________ (name of commonly known nontraditional zoning ordinance) with a zoning ordinance?
___ Yes
___ No"

(f) Upon a majority vote of the voters voting in favor of replacing a non-traditional zoning ordinance with a zoning ordinance, the governing body shall immediately begin the process of adopting and enacting a zoning ordinance, in accordance with the provisions of chapter eight-a of this code. The governing body has a maximum of three years from the date of the election to adopt a zoning ordinance.
(g) The governing body may amend its nontraditional zoning ordinance during the process of adopting and enacting a zoning ordinance.
(h) If a majority of the voters reject replacing the nontraditional zoning ordinance with a zoning ordinance, the affected voters may not petition for a vote on the issue for at least two years from the date of the election.
(i) Nothing in this section shall prevent a governing body from amending its zoning ordinance in accordance with this chapter.
(j) If a governing body of a county chooses to replace a nontraditional zoning ordinance with a traditional zoning ordinance without holding an election, a petition, signed by at least ten percent of the eligible voters who reside in the area affected by the zoning ordinance, for an election on the question of adopting a traditional zoning ordinance may be filed with the governing body of the county within ninety days after the enactment of the traditional zoning ordinance by the governing body of the county. If a petition is timely filed, then the traditional zoning ordinance does not take effect until:
(1) Notice of the election and the zoning ordinance is published in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code;
(2) An election is held; and
(3) A majority of the voters approve it.
"

And,
By amending the title to read as follows:
Com. Sub. for H. B. 4511 - "A Bill to amend and reenact §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8A-7-8a, all relating to zoning ordinances; reducing the threshold for triggering a zoning ordinance election by petition; setting forth procedures for amending a zoning ordinance; requirements for adopting an amendment to a zoning ordinance; requiring specific notice requirements to affected owners of affected parcels when a proposed zoning ordinance modification would change the zoning classification of a parcel of land; clarifying the relevant notice and adoption procedures as they pertain to adoption or modification of a nontraditional zoning ordinance."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 376), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4511) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 377), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4511) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
H. B. 4557, Relating to continuing education for insurance producers.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators Minard, Oliverio and McKenzie.
On motion of Delegate DeLong, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Kominar, Perry and Ashley.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4570, Authorizing regional jail employees to carry a firearm after receiving appropriate certification.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 378), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4570) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4607, Relating to special district excise tax authorization.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §8-13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B-6, §8-13B-7, §8-13B-8, §8-13B-9, §8-13B-10, §8-13B-11, §8-13B-12, §8-13B-13, §8-13B-14, §8-13B-15, §8-13B-16, §8- 13B-17, §8-13B-18, §8-13B-19 and §8-13B-20 of the Code of West Virginia, 1931, as amended, be repealed; that §7-22-12 of said code be amended and reenacted; and that §8-38-12 of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 22. COUNTY ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.
§7-22-12. Special district excise tax authorized.
(a) General. -- The county commission of a county, authorized by the Legislature to levy a special district excise tax for the benefit of an economic opportunity development district, may, by order entered of record, impose that tax on the privilege of selling tangible personal property and rendering select services in the district in accordance with this section.
(b) Tax base. -- The base of a special district excise tax imposed pursuant to this section shall be identical to the base of the consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on sales made and services rendered within the boundaries of the district. Provided, That Sales of gasoline and special fuel are not subject to special district excise tax but remain subject to the tax levied by article fifteen, chapter eleven of this code. Except for the exemption provided in section nine-f of said article, all exemptions and exceptions from the consumers sales and service tax shall also apply to the special district excise tax. and sales of gasoline and special fuel shall not be subject to special district excise tax but shall remain subject to the tax levied by said article.
(c) Tax rate. -- The rate or rates of a special district excise tax levied pursuant to this section shall be stated in an order entered of record by the county commission and equal to the general rate of tax on each dollar of gross proceeds from sales of tangible personal property and services subject to the tax levied by section three, article fifteen, chapter eleven of this code. The tax on fractional parts of a dollar shall be levied and collected in conformity with the provision of said section. be identical to the rate or rates of the consumer sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on sales made and services rendered within the boundaries of the district authorized by this section.
(d) Collection by Tax Commissioner. -- The order of the county commission imposing a special district excise tax shall provide for the tax to be collected by the Tax Commissioner in the same manner as the tax levied by section three, article fifteen, chapter eleven of this code is administered, assessed, collected and enforced.
(1) The Tax Commissioner may require the electronic filing of returns related to the special district excise tax imposed pursuant to this section, and also may require the electronic payment of the special district excise tax imposed pursuant to this section. The Tax Commissioner may prescribe by rules promulgated pursuant to article three, chapter twenty-nine-a of this code, administrative notices, and forms and instructions, the procedures and criteria to be followed to electronically file returns and to electronically pay the special district excise tax imposed pursuant to this section.
(2) Any rules filed by the State Tax Commissioner relating to the special district excise tax imposed pursuant to this section shall set forth the following:
(A) Acceptable indicia of timely payment;
(B) Which type of electronic filing method or methods a particular type of taxpayer may or may not use;
(C) What type of electronic payment method or methods a particular type of taxpayer may or may not use;
(D) What, if any, exceptions are allowable, and alternative methods of payment that may be used for any exceptions;
(E) Procedures for making voluntary or mandatory electronic payments or both;
(F) Any other provisions necessary to ensure the timely electronic filing of returns related to the special district excise tax and the making of payments electronically of the special district excise tax imposed pursuant to this section.
(3)(A) Notwithstanding the provisions of section five-d, article ten, chapter eleven of this code: (i) So long as bonds are outstanding pursuant to this article, the Tax Commissioner shall provide on a monthly basis to the trustee for bonds issued pursuant to this article information on returns submitted pursuant to this article; and (ii) the trustee may share the information so obtained with the county commission that established the economic opportunity development district that issued the bonds pursuant to this article and with the bondholders and with bond counsel for bonds issued pursuant to this article. The Tax Commissioner and the trustee may enter into a written agreement in order to accomplish the exchange of information.
(B) Any confidential information provided pursuant to this subdivision shall be used solely for the protection and enforcement of the rights and remedies of the bondholders of bonds issued pursuant to this article. Any person or entity that is in possession of information disclosed by the Tax Commissioner or shared by the trustee pursuant to subdivision (a) of this subsection is subject to the provisions of section five-d, article ten, chapter eleven of this code as if that person or entity that is in possession of the tax information is an officer, employee, agent or representative of this state or of a local or municipal governmental entity or other governmental subdivision.

(e) Deposit of net tax collected. --
(1) The order of the county commission imposing a special district excise tax shall provide that the Tax Commissioner deposit the net amount of tax collected in the Special Economic Opportunity Development District Fund to the credit of the county commission's subaccount therein for the economic opportunity development district and that the money in the subaccount may only be used to pay for development expenditures as provided in this article except as provided in subsection (f) of this section.
(2) The State Treasurer shall withhold from the county commission's subaccount in the Economic Opportunity Development District Fund and shall deposit in the General Revenue Fund of this state, on or before the twentieth day of each calendar month next following the effective date of a special district excise tax, a sum equal to one twelfth of the base tax revenue amount last certified by the development office pursuant to section seven of this article.
(f) Effective date of special district excise tax. -- Any taxes imposed pursuant to the authority of this section shall be effective on the first day of the calendar month that begins sixty days after the date of adoption of an order entered of record imposing the tax or the first day of any later calendar month expressly designated in the order.
(g) Copies of order. -- Upon entry of an order levying a special district excise tax, a certified copy of the order shall be mailed to the State Auditor, as ex officio the chief inspector and supervisor of public offices, the State Treasurer and the Tax Commissioner.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 38. MUNICIPAL ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.
§8-38-12. Special district excise tax authorized.
(a) General. -- The council of a municipality, authorized by the Legislature to levy a special district excise tax for the benefit of an economic opportunity development district, may, by ordinance, impose that tax on the privilege of selling tangible personal property and rendering select services in the district in accordance with this section.
(b) Tax base. -- The base of a special district excise tax imposed pursuant to this section shall be identical to the base of the consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on sales made and services rendered within the boundaries of the district. Provided, That Sales of gasoline and special fuel are not subject to special district excise tax but remain subject to the tax levied by article fifteen, chapter eleven of this code. Except for the exemption provided in section nine-f of said article fifteen, chapter eleven of this code, all exemptions and exceptions from the consumers sales and service tax shall also apply to the special district excise tax. and sales of gasoline and special fuel shall not be subject to special district excise tax but shall remain subject to the tax levied by said article.
(c) Tax rate. -- The rate or rates of a special district excise tax levied pursuant to this section shall be stated in an ordinance enacted by the municipality and equal identical to the general rate or rates of the consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on each dollar of gross proceeds from sales of tangible personal property and services subject to the tax levied by section three, article fifteen, chapter eleven of this code. The tax on fractional parts of a dollar shall be levied and collected in conformity with the provision of said section. rendered within the boundaries of the district authorized by this section.
(d) Collection by Tax Commissioner. -- The ordinance of the municipality imposing a special district excise tax shall provide for the tax to be collected by the Tax Commissioner in the same manner as the tax levied by section three, article fifteen, chapter eleven of this code is administered, assessed, collected and enforced.
(1) The Tax Commissioner may require the electronic filing of returns related to the special district excise tax imposed pursuant to this section, and may require the electronic payment of the special district excise tax imposed pursuant to this section. The Tax Commissioner may prescribe by rules promulgated pursuant to article three, chapter twenty-nine-a of this code, administrative notices, and forms and instructions, the procedures and criteria to be followed to electronically file returns and to electronically pay the special district excise tax imposed pursuant to this section.
(2) Any rules filed by the Tax Commissioner relating to the special district excise tax imposed pursuant to this section shall set forth the following:
(A) Acceptable indicia of timely payment;
(B) Which type of electronic filing method or methods a particular type of taxpayer may or may not use;
(C) What type of electronic payment method or methods a particular type of taxpayer may or may not use;
(D) What, if any, exceptions are allowable, and alternative methods of payment that may be used for any exceptions;
(E) Procedures for making voluntary or mandatory electronic payments or both;
(F) Any other provisions necessary to ensure the timely electronic filing of returns related to the special district excise tax and the making of payments electronically of the special district excise tax imposed pursuant to this section.
(3) (A) Notwithstanding the provisions of section five-d, article ten, chapter eleven of this code: (i) So long as bonds are outstanding pursuant to this article, the Tax Commissioner shall provide on a monthly basis to the trustee for bonds issued pursuant to this article information on returns submitted pursuant to this article; and (ii) the trustee may share the information so obtained with the county commission that established the economic opportunity development district that issued the bonds pursuant to this article and with the bondholders and with bond counsel for bonds issued pursuant to this article. The Tax Commissioner and the trustee may enter into a written agreement in order to accomplish the exchange of information.
(B) Any confidential information provided pursuant to this subdivision shall be used solely for the protection and enforcement of the rights and remedies of the bondholders of bonds issued pursuant to this article. Any person or entity that is in possession of information disclosed by the Tax Commissioner or shared by the trustee pursuant to subdivision (a) of this subsection is subject to the provisions of section five-d, article ten, chapter eleven of this code as if the person or entity that is in possession of the tax information is an officer, employee, agent or representative of this state or of a local or municipal governmental entity or other governmental subdivision.

(e) Deposit of net tax collected. --
(1) The ordinance of the municipality imposing a special district excise tax shall provide that the Tax Commissioner deposit the net amount of tax collected in the Special Economic Opportunity Development District Fund to the credit of the municipality's subaccount therein for the economic opportunity development district and that the money in the subaccount may only be used to pay for development expenditures as provided in this article except as provided in subsection (f) of this section.
(2) The State Treasurer shall withhold from the municipality's subaccount in the Economic Opportunity Development District Fund and shall deposit in the General Revenue Fund of this state, on or before the twentieth day of each calendar month next following the effective date of a special district excise tax, a sum equal to one twelfth of the base tax revenue amount last certified by the development office pursuant to section seven of this article.
(f) Effective date of special district excise tax. -- Any taxes imposed pursuant to the authority of this section shall be effective on the first day of the calendar month that begins at least sixty days after the date of enactment of the ordinance imposing the tax or at any later date expressly designated in the ordinance that begins on the first day of a calendar month.
(g) Copies of ordinance. -- Upon enactment of an ordinance levying a special district excise tax, a certified copy of the ordinance shall be mailed to the State Auditor, as ex officio the chief inspector and supervisor of public offices, the State Treasurer and the Tax Commissioner."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4607 - "A Bill to repeal §8-13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8- 13B-5, §8-13B-6, §8-13B-7, §8-13B-8, §8-13B-9, §8-13B-10, §8-13B-11, §8-13B-12, §8-13B-13, §8-13B-14, §8-13B-15, §8-13B-16, §8-13B-17, §8-13B-18, §8-13B-19 and §8-13B-20 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-22-12 of said code; and to amend and reenact §8-38-12 of said code, all relating to special district excise taxes authorized for counties and municipalities; clarifying the rates of the tax; authorizing the Tax Commissioner to require the electronic filing of returns and electronic payment of the tax; providing for the sharing of tax information; and providing confidentiality requirements of shared information."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 379), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Fleischauer, Mahan, Marshall and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4607) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4613, Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 380), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4613) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4624, Providing per diem pay for volunteers who drive veterans to hospitals.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §9A-1-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-10. Powers and duties of director.
The director shall be is the executive and administrative head of the division and as such shall have has the power and duty, subject to the provisions of section four hereof of this article, to:
(a) Supervise and put into effect the purposes and provisions of this article and the rules and regulations for the government of the division;
(b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the rights and interests of all veterans, their widows, dependents and orphans;
(c) Prescribe uniform methods of keeping all records and case records of the veterans, their widows, dependents and orphans;
(d) Sign and execute, in the name of the state by West Virginia Division of Veterans' Affairs, and by and with the consent of the Veterans' Council, any contract or agreement with the federal government or its agencies, other states, subdivisions of this state, corporations, associations, partnerships or individuals;
(e) Supervise the fiscal affairs and responsibilities of the division;
(f) Organize the division to comply with the requirements of this article and with the standards required by any federal act or any federal agency;
(g) Establish such any regional or area offices throughout the state as may be that are necessary to promote efficiency and economy in administration;
(h) Make such reports as will that comply with the requirements of any federal act or federal agency and the provisions of this article;
(i) Cooperate with the federal and state governments for the more effective attainment of the purposes of this article;
(j) Keep a complete and accurate record of all proceedings; record and file all contracts and agreements and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office and the division;
(k) Prepare for the Veterans' Council the annual reports to the Governor of the condition, operation and functioning of the division;
(l) Exercise any other powers necessary and proper to standardize the work; to expedite the service and business; to assure fair consideration of the rights and interests and claims of veterans, their widows, dependents and orphans; and to provide resources for a program which will promote a greater outreach to veterans and which will advise them of the benefits and services that are available, and to promote the efficiency of the division;
(m) Invoke any legal, equitable or special remedies for the enforcement of his or her orders or the provisions of this article;
(n) Appoint the veterans' affairs officers and heads of divisions of the division, and of regional or area offices, and employ such assistants and employees, as may be including case managers and counselors, that are necessary for the efficient operation of the division; and
(o) Provide resources and assistance in the development of an internet website which is to be used to inform veterans of programs and services available to them through the division and the state and federal governments;
(o) (p) Delegate to all or any of his or her appointees, assistants or employees all powers and duties vested in the director, except the power to sign and execute contracts and agreements, but the director shall be responsible for the acts of such his or her appointees, assistants and employees.; and
(q) Provide volunteers who will drive or transport veterans to veterans' hospitals from the veteran's home or local veterans' affairs offices and who shall be paid an expense per diem of seventy-five dollars."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4624 - "A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended, relating to describing the powers and duties of the director; providing for the hiring of case managers and counselors; providing for a program to advise veterans of available benefits and services; developing an internet website; and providing an expense per diem for volunteers who drive veterans to hospitals."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 381), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4624) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the rejection by the Senate, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 12 Designating Megalonyx Jeffersonnii as the official state fossil.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 571, Relating to certain firefighters' workers' compensation benefits.
On motion of Delegate DeLong, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Fleischauer, Guthrie and Ellem.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 185, Clarifying mental conditions which prohibit firearms' possession and creating state registry of such persons,
S. B. 317, Updating physician and podiatrist licensing requirements,
Com. Sub. for S. B. 373, Authorizing Department of Environmental Protection promulgate legislative rules,
Com. Sub. for S. B. 565, Relating to increased real property assessment notice,
And,
S. B. 570, Allowing county commissions' involvement in joint development efforts.
Resolutions Introduced

Delegates Hrutkay, Browning and Michael offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 109 - "Requesting the Joint Committee on Government and Finance study the cost benefit analysis of engineering services and engineer retention within the West Virginia Department of Highways."
Whereas, Through qualified and dedicated professionals, the practice of engineering substantially improves the safety and quality of life for all citizens of West Virginia; and
Whereas, It is necessary to determine if the West Virginia Department of Highways has the resources to retain and recruit needed engineering staff relative to salary and other employment considerations; and
Whereas, A determination must be made as to whether or not engineering employment levels within the Department of Highways will be able to meet current design deadlines; and
Whereas, According the West Virginia Department of Highways over seventy percent of its engineers will qualify for state retirement benefits within the next five years; and
Whereas, For West Virginia to stay competitive in attracting and retaining professional engineers steps must be taken to ensure that pay grades and benefits should at least be competitive with those of the private sector; and
Whereas, These issues must be remedied in a timely manner as to not threaten our State's federal highway funds; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the cost benefit analysis of engineering services within the Department of Highways; and, be it
Further Resolved, That the Joint Committee on Government and Finance obtain the testimony of acknowledged experts and others, as well as all records, that it deems necessary to complete a thorough study of these issues and matters ancillary thereto; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Manchin, Caputo and Longstreth offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 110 - "Requesting the Joint Committee on Government and Finance to study mitigation practices and resources in connection with areas traditionally defined as wetlands in preparation for the new mitigation rules being drafted by the Army Corps of Engineers and the U.S. Environmental Protection Agency which are expected to be finalized in May, 2008."
Whereas, Streams and wetlands across West Virginia are altered during mining, development and other activities while developers, road builders, mining companies and other permittees who impact streams and wetlands are required to perform environmental offsets to neutralize the effect of these impacts; and
Whereas, It is important to preserve West Virginia's wetlands and streams while at the same time promoting economic and industrial development; and
Whereas, The concept of mitigation with regards to traditional wetlands has developed directly through developers, groups like the nature conservancy, and even private mitigation bankers to the extent that new mitigation rules are being drafted by the Army Corps of Engineers and USEPA which are expected to be finalized in May, 2008; and
Whereas, The concept of mitigation is further complicated in West Virginia because streams rather than wetlands are frequently being impacted; and
Whereas, The West Virginia Conservation Corp has begun studying the concept of developing mitigation banks in connection with stream disturbance and impact storm water runoff, and other issues; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study existing mitigation practices and resources in connection with areas traditionally defined as wetlands, together with the new mitigation rules being drafted by the Army Corps of Engineers and the USEPA, and either their applicability or desired applicability to stream mitigation, stream mitigation banking and/or storm water runoff issues; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Hrutkay and Schadler offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 111 - "Requesting the Joint Committee on Government and Finance study the condition, fitness, and safety of bridges in the state road system in the State of West Virginia, and to identify, locate and consider possible sources of funding necessary to provide proper bridge maintenance, repair, and replacement."
Whereas, Bridges and overpasses play a vital role in the transportation infrastructure of this state which is vital to the state economy and economic development as well as the safety and welfare of the citizens of this state; and
Whereas, The August 2, 2007, bridge collapse on I-35 in Minneapolis, Minnesota, killed thirteen people and injured over one hundred others, prompting a nationwide survey of bridge inspections; and
Whereas, West Virginia ranks fifth in the nation in the number of overdue or delayed bridge inspections and ranks seventh in the nation in the number of bridges needing major or minor structural repair according to a nationwide 2006 survey reported by MSNBC; and
Whereas, West Virginia contains 6,963 bridges carrying vehicular traffic over bodies of water, valleys, and otherwise impassable geological or manmade obstacles; and
Whereas, The West Virginia Department of Transportation conducted a statewide survey of the state's bridges during the Summer of 2007 in which 477 bridges were found to have critical or poor deck conditions, 620 bridges were found to have critical or poor superstructure conditions, and 430 bridges were found to have critical or poor substructure conditions; and
Whereas, The cost of providing all necessary bridge repairs, maintenance, and replacement is estimated by the Department of Transportation to be $2.5 billion; and
Whereas, Current funding of the state road fund from present funding sources is increasingly inadequate to maintain an acceptable schedule of bridge maintenance, repair, and replacement; and
Whereas, The recent national bridge disaster and the recent surveys revealing the deteriorating condition of bridges in this state have prompted concerns and questions by government officials and citizens of this state regarding the safety of all members of the public when traveling the roads and highways of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the condition, fitness, and safety of bridges in the state road system in the State of West Virginia, and to identify, locate and consider possible sources of funding necessary to provide proper bridge maintenance, repair, and replacement; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, two thousand nine, on its findings, conclusions and recommendations together with drafts of any legislation 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.
Delegates Williams, Michael, Shaver, Anderson, Perry, Palumbo, Beach, Cann, Craig, Ennis, Kominar, Long, Pethtel, Stalnaker, Tabb, Varner and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 112 - "Calling for an economic stimulus rebate to resident personal income tax filers."
Whereas, The citizens of West Virginia are diligent workers; and
Whereas, The national economy is beginning to slow its growth, which in turn affects the economy of West Virginia and its citizens; and
Whereas, The State of West Virginia has recently enjoyed increased collections of its personal income tax; and
Whereas, The resident personal income tax filers of the State of West Virginia should share in this bounty, especially given the uncertain economic times which we may soon be facing; and
Whereas, President Bush and the Congress of the United States have also recognized the potential uncertainty of our economic future and have also provided a similar program for the income tax filers of this country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor establish an income tax rebate program which rewards the hard working residents of this State and provides a further economic stimulus for West Virginia residents; and, be it
Further Resolved, That this West Virginia Personal Income Tax rebate be as follows: $200 to single filers under the age of sixty years; $250 to veterans and to single filers sixty years of age and older; and $500 to married taxpayers who file a joint return; and, be it
Further Resolved, That this personal income tax rebate program be implemented prior to November 15, 2008; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Governor of this State, to the West Virginia Secretary of Tax and Revenue and to the State Tax Commissioner.
Delegates Swartzmiller, Browning, Moye, Carmichael, Walters and Lane offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 39 - "Designating March 9-16, 2008, as National Problem Gambling Awareness Week in West Virginia."
Whereas, On behalf of the citizens of West Virginia, the House of Delegates joins the West Virginia Council on Problem Gambling in promoting March 9-16, 2008, as National Problem Gambling Awareness Week in West Virginia; and
Whereas, Promoting the awareness week provides individuals in the problem gambling community an opportunity to educate the public and policymakers about the social and financial effectiveness of services available for problem gambling; and
Whereas, Problem gambling is a public health issue affecting millions of Americans of all ages, races, and ethnic backgrounds in all communities and which has a significant societal and economic cost; and
Whereas, Problem gambling is treatable and treatment is effective in minimizing the harm to both individuals and society as a whole; and
Whereas, Numerous individuals, professionals and organizations have dedicated their efforts to the education of the public about problem gambling and the availability and effectiveness of treatment; and
Whereas, The Legislators of West Virginia and the West Virginia Council on Problem Gambling invite all residents of West Virginia to participate in National Problem Gambling Awareness Week; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates joins the West Virginia Council on Problem Gambling in promoting the week of March 9-16 as National Problem Gambling Awareness Week in West Virginia and encourages all citizens to help spread the message that there is help for problem gamblers through treatment, and to support those who are in treatment and recovery and their families.
Delegates Caputo, DeLong, Fragale, Ellis, Rodighiero, Stemple, Varner, Longstreth, Burdiss, Argento, Azinger, Barker, Boggs, Border, Brown, Browning, Canterbury, Carmichael, Crosier, Doyle, Duke, Eldridge, Ellem, Evans, Fleischauer, Gall, Guthrie, Hamilton, Hartman, Higgins, Hrutkay, Iaquinta, Ireland, Kessler, Klempa, Long, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, Porter, Reynolds, Romine, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stephens, Sumner, Swartzmiller, Talbott, Tansill, Tucker, Walters, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 40 - "Supporting the unanimous decision of the West Virginia Archives and History Commission to recommend that the nomination of the Blair Mountain Battlefield as a National Historic Site be forwarded to the Keeper of the National Register of Historic Places for approval."
Whereas, West Virginia state history has its deepest historic roots in the struggle for basic human rights and dignity, from the days of the abolitionists and the Underground Rail Road to our tradition of sending our citizens off to serve the cause of freedom in our nation's military; and
Whereas, In 1921, some ten thousand of our state's citizens banded together to end repressive conditions that existed in many of our state's mines; and
Whereas, The Armed March which culminated in the Battle of Blair Mountain was the largest civil uprising since the Civil War; and
Whereas, The March and subsequent trials had a major impact on the history of the American Labor Movement for decades to follow; and
Whereas, Until recently, the scope and importance of the Battle of Blair Mountain was little known or understood beyond our state's borders; therefore, be it
Resolved by the House of Delegates:
That it hereby supports the unanimous decision of the West Virginia Archives and History Commission to recommend that the nomination of the Blair Mountain Battlefield as a National Historic Site be forwarded to the Keeper of the National Register of Historic Places for approval; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Keeper of the National Register of Historic Places.
Petition

Mr. Speaker, Mr. Thompson, presented a petition on behalf of the teachers of Wood County, expressing their disappointment in the Governor's proposed professional educator's compensation package; which was referred to the Committee on Finance.
Special Calendar

Unfinished Business

S. C. R. 28, Designating timber rattlesnake as state reptile; coming up in regular order, as unfinished business, was, on motion of Delegate DeLong, deferred.
S. C. R. 30, Requesting Division of Highways name section of Interstate 70 in Wheeling, Ohio County, "Doc and Chickie Williams Country Music Royal Couple Highway"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 37
, Requesting Division of Highways name bridge in Diana, Webster County, "David Daniel Hamrick Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 38
, Requesting Division of Highways name bridge in Trace Fork, Kanawha County, "Private Clinton Griffith and Staff Sergeant Jack Griffith Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 39
, Requesting Division of Highways name bridge in Hemphill, McDowell County, "Charles Spencer Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 47, Requesting Division of Natural Resources rename Wallback Lake in Clay County "Sampson Lake"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 48, Requesting Division of Highways name bridge in Puritan Mines, Mingo County, "Rev. Glen and Gladys Merritt Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk.
An amendment, recommended by the Committee on Rules was adopted, amending the resolution on page two, line five, after the word "number", by striking the following: "30-65/5-1.47 (10525)" and inserting in lieu thereof the following:
"30-65/5-1.08(10523)"
The question being on the adoption of the resolution, the same was put and prevailed.
An amendment to the title of the resolution, recommended by the Committee on Rules , was reported by the Clerk and adopted, amending the title to read as follows:
S. C. R. 48 - "Requesting the Division of Highways name bridge number 30-65/5-1.08 (10523) in Puritan Mines, Mingo County, the 'Rev. Glen and Gladys Merritt Bridge'."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. C. R. 49, Requesting Division of Highways name bridge in Mingo County "Private Lawrence Ooten Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 52, Requesting Division of Highways name bridge in Marion County "Seaman 1st Class Clyde Richard Wilson Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 53, Requesting Joint Committee on Government and Finance study convention and visitors bureaus; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 63, Requesting Division of Highways name bridge near Belo, Mingo County, "R3C Fred Mahon Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 64, Commending Consortium for Internationalizing Higher Education in West Virginia ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 86, Requesting the Joint Committee on Government and Finance to study the responsibilities and duties of the county clerks of West Virginia ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. C. R. 101, Requesting the joint committee on government and finance to make a study on the condition, role and function of county boards of education,
H. C. R. 102, Requesting the Joint Committee on Government and Finance to study the feasibility of providing a deduction from personal income tax for amounts paid for health insurance plans,
H. C. R. 103, The Frank Woodruff Buckles Freeway,
H. C. R. 104, Requesting that the Joint Committee on Government and Finance authorize the study of the feasibility of establishing a Silver Alert notification network for missing elderly citizens in West Virginia,
H. C. R. 106, The "Captain Benjamin David Tiffner Memorial Bridge",
And,
H. C. R. 108, Requesting the Joint Committee on Government and Finance to study the Department of Health and Human Resources in its entirety.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred
S. B. 638, on third reading, House Calendar, to the Special Calendar.
Delegate DeLong also announced that the Committee on Rules had reorganized the Special Calendar to consider Com. Sub. for S. B. 622, Com. Sub. for S. B. 680, Com. Sub. for S. B. 699, Com. Sub. for H. B. 4014, H. B. 4715 and S. B. 638 in the aforesaid order.
Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar

Second Reading

S. B. 72, Expanding Route 2 and Interstate 68 Authority territory; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section two, line seven, by striking out the period and inserting a colon and the following language:
"Provided, That the six members from the three additional counties may only be added to the authority upon a majority vote of the current membership of the authority; Provided, however that, this majority vote may also occur at any time on or after the first day of July, two thousand eight."
The bill was then ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 382), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
Delegate Browning requested to be excused from voting on the passage of S. B. 72 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 383), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 72) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 72 - "A Bill to amend and reenact sections one two and three, chapter 232, Acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; increasing the number of members; and requiring prior authority approval for additional members."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 224, Creating Joint Emergency Services Act of 2008; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 384), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 385), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 224) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 224 - "A Bill to authorize the county commission of Jefferson County to create a joint emergency services agency; legislative findings; and management by a joint emergency services board."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 740, Reforming Berkeley County commission; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 386), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 387), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Cowles.
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 740) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 388), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stemple and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 740) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Third Reading

Com. Sub. for S. B. 622
, Creating Voluntary Rural and Outdoor Heritage Conservation Act; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 622 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 389), and there were--yeas 77, nays 20, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Azinger, Blair, Border, Carmichael, Cowles, Duke, Ellem, Evans, Frederick, Lane, C. Miller, J. Miller, Overington, Porter, Schadler, Shook, Sobonya, Sumner and Tucker.
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 622) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 680, Relating to corporate net income tax and business franchise tax;on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on page fifteen, following line two hundred thirty-three, by inserting a new article to read as follows:
"ARTICLE 13Y. THE WEST VIRGINIA MANUFACTURING PROPERTY TAX ADJUSTMENT ACT.

§11-13Y-1. Short title.

This article shall be known and cited as the West Virginia Manufacturing Property Tax Adjustment Act.
§11-13Y-2. Definitions.
(a) General. -- When used in this article, or in the administration of this article, terms defined in subsection (b) of this section have the meanings ascribed to them by this section unless a different meaning is clearly required by the context in which the term is used.
(b) Terms defined. --
(1) 'Affiliate' means and includes all persons, as defined in this section, which are affiliates of each other when either directly or indirectly:
(A) One person controls or has the power to control the other, or
(B) A third party or third parties control or have the power to control two persons, the two thus being affiliates. In determining whether concerns are independently owned and operated and whether or not an affiliation exists, consideration shall be given to all appropriate factors, including common ownership, common management and contractual relationships.
(2) 'Commissioner' or 'Tax Commissioner' means the Tax Commissioner of the State of West Virginia or the Tax Commissioner's delegate.
(3) 'Corporation' means any corporation, joint-stock company or association and any business conducted by a trustee or trustees wherein interest or ownership is evidenced by a certificate of interest or ownership or similar written instrument.
(4) 'Delegate', when used in reference to the Tax Commissioner, means any officer or employee of the Tax Division of the Department of Revenue duly authorized by the Tax Commissioner directly, or indirectly by one or more redelegations of authority, to perform the functions mentioned or described in this article.
(5) 'Eligible taxpayer' means any manufacturing business that is subject to the tax imposed under article twenty-three or article twenty-four of this chapter, or both. Provided that taxpayers owning property assessed by the Board of Public Works are not eligible taxpayers for purposes of this article. 'Eligible taxpayer' also means and includes those members of an affiliated group of taxpayers engaged in a unitary business, in which one or more members of the affiliated group is a person subject to the tax imposed under article twenty-three or article twenty-four of this chapter, or both. Affiliates not engaged in the unitary business do not qualify as eligible taxpayers.
(6) 'Manufacturing business' means any business primarily engaged in business activity classified as having a sector identifier, consisting of the first two digits of the six-digit North American Industry Classification System code number, of thirty-one, thirty-two or thirty-three that also paid ad valorem property tax on manufacturing inventory to one or more West Virginia counties during the taxable year.
(7) 'Manufacturing inventory' means and is limited to raw materials, goods in process and finished goods of a business primarily engaged in business activity classified as having a sector identifier, consisting of the first two digits of the six-digit North American Industry Classification System code number, of thirty-one, thirty-two or thirty-three.
(8) 'Natural person' or 'individual' means a human being.
(9) 'Partnership' and 'partner' means and includes a syndicate, group, pool, joint venture or other unincorporated organization through or by means of which any business, financial operation or venture is carried on and which is not a trust or estate, a corporation or a sole proprietorship. The term 'partner' includes a member in a syndicate, group, pool, joint venture or organization.
(10) 'Person' means and includes any natural person, corporation, limited liability company or partnership.
(11) 'Related entity', 'related person', 'entity related to' or 'person related to' means:
(A) An individual, corporation, partnership, affiliate, association or trust or any combination or group thereof controlled by the taxpayer;
(B) An individual, corporation, partnership, affiliate, association or trust or any combination or group thereof that is in control of the taxpayer;
(C) An individual, corporation, partnership, affiliate, association or trust or any combination or group thereof controlled by an individual, corporation, partnership, affiliate, association or trust or any combination or group thereof that is in control of the taxpayer; or
(D) A member of the same controlled group as the taxpayer.
For purposes of this article, 'control', with respect to a corporation, means ownership, directly or indirectly, of stock possessing fifty percent or more of the total combined voting power of all classes of the stock of the corporation which entitles its owner to vote. 'Control', with respect to a trust, means ownership, directly or indirectly, of fifty percent or more of the beneficial interest in the principal or income of the trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership or association or of a beneficial interest in a trust shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the United States Internal Revenue Code, as amended: Provided, That paragraph (3), Section 267(c) of the United States Internal Revenue Code shall not apply.
(12) 'Tax year' or 'taxable year' means the tax year of the taxpayer for federal income tax purposes.
(13) 'Taxpayer' means any person subject to the tax imposed under article twenty-three or twenty-four of this chapter, or both.
(14) 'Unitary business' means a unitary business as defined in section three-a, article twenty- four of this chapter.
§11-13Y-3. Eligibility for tax credits; creation of the credit.
There shall be allowed to every eligible taxpayer a credit against the taxes imposed under articles twenty-three and twenty-four of this chapter, as determined under this article.
§11-13Y-4. Amount of credit allowed.
(a) Credit allowed. -- Eligible taxpayers shall be allowed a credit against the tax imposed under article twenty-three or twenty-four of this chapter, the application of which and the amount of which shall be determined as provided in this article.
(b) Amount of credit. -- The amount of credit allowed to the eligible taxpayer is the amount of West Virginia ad valorem property tax paid on the value of manufacturing inventory of the eligible taxpayer during the corporate net income tax year and business franchise tax year.
§11-13Y-5. Application of annual credit allowance.
(a) Application of credit against business franchise tax. --The amount of credit allowed shall first be taken against the tax liabilities of the eligible taxpayer for the current taxable year imposed by article twenty-three of this chapter.
(b) Application of credit against corporate net income tax. --Any credit remaining after application of the credit against the tax liabilities of the eligible taxpayer for the current taxable year imposed by article twenty-three of this chapter shall next be taken against the tax liabilities of the eligible taxpayer for the current taxable year imposed by article twenty-four of this chapter.
(c) Carryover credit disallowed. -- Any credit remaining after application of the credit against the tax liabilities specified in subsections (a) and (b) of this section for the current taxable year is forfeited and shall not carry back to any prior taxable year and shall not carry forward to any subsequent taxable year. The credit allowed under this article shall be applied after application of all other applicable tax credits allowed for the taxable year against the taxes imposed by article twenty-three of this chapter and after application of all other applicable tax credits allowed for the taxable year against the taxes imposed by article twenty-four of this chapter.
(d) Annual schedule. -- For purposes of asserting the credit against tax, the taxpayer shall prepare and file an annual schedule showing the amount of tax paid for the taxable year and the amount of credit allowed under this article. The annual schedule shall set forth the information and be in the form prescribed by the Tax Commissioner.
§11-13Y-6. Availability of credit to successors.
(a) Transfer or sale of assets. --
(1) Where there has been a transfer or sale of the business assets of an eligible taxpayer to a successor which subsequent to the transfer constitutes an eligible taxpayer as defined in this article, which continues to operate the manufacturing business in this state, and which remains subject to the taxes prescribed under article twenty-three or twenty-four of this chapter, or both, the successor eligible taxpayer is entitled to the credit allowed under this article: Provided, That the successor taxpayer otherwise remains in compliance with the requirements of this article for entitlement to the credit.
(2) For any taxable year during which a transfer, or sale of the business assets of an eligible taxpayer to a successor eligible taxpayer under this section occurs, or a merger occurs pursuant to which credit is allowed under this article, the credit allowed under this article shall be apportioned between the predecessor eligible taxpayer and the successor eligible taxpayer based on the number of days during the taxable year that each taxpayer based and the number of days during the taxable year that each taxpayer owned the business assets transferred.
(b) Stock purchases. -- Where a corporation which is an eligible taxpayer entitled to the credit allowed under this article is purchased through a stock purchase by a new owner and remains a legal entity so as to retain its corporate identity, the entitlement of that corporation to the credit allowed under this article will not be affected by the ownership change: Provided, That the corporation otherwise remains in compliance with the requirements of this article for entitlement to the credit.
(c) Mergers. --
(1) Where a corporation or other entity which is an eligible taxpayer entitled to the credit allowed under this article is merged with another corporation or entity, the surviving corporation or entity shall be entitled to the credit to which the predecessor eligible taxpayer was originally entitled: Provided, That the surviving corporation or entity otherwise complies with the provisions of this article.
(2) The amount of credit available in any taxable year during which a merger occurs shall be apportioned between the predecessor eligible taxpayer and the successor eligible taxpayer based on the number of days during the taxable year that each owned the transferred business assets.
(d) No provision of this section or of this article shall be construed to allow sales or other transfers of the tax credit allowed under this article. The credit allowed under this article can be transferred only in circumstances where there is a valid successorship as described under this section.
§11-13Y-7. Credit recapture; interest; penalties; additions to tax; statute of limitations.
(a) If it appears upon audit or otherwise that any person or entity has taken the credit against tax allowed under this article and was not entitled to take the credit, then the credit improperly taken under this article shall be recaptured. Amended returns shall be filed for any tax year for which the credit was improperly taken. Any additional taxes due under this chapter shall be remitted with the amended return or returns filed with the Tax Commissioner, along with interest, as provided in section seventeen, article ten of this chapter and such other penalties and additions to tax as may be applicable pursuant to the provisions of article ten of this chapter.
(b) Notwithstanding the provisions of article ten of this chapter, penalties and additions to tax imposed under article ten of this chapter may be waived at the discretion of the Tax commissioner: Provided, That interest is not subject to waiver.
(c) Notwithstanding the provisions of article ten of this chapter, the statute of limitations for the issuance of an assessment of tax by the Tax Commissioner shall be five years from the date of filing of any tax return on which this credit was taken or five years from the date of payment of any tax liability calculated pursuant to the assertion of the credit allowed under this article, whichever is later.
§11-13Y-8. Report on credit.
(a) The Tax Commissioner shall provide to the Joint Committee on Government and Finance by the first day of July, 2011, and on the first day of July of each year thereafter, a report detailing the amount of credit claimed pursuant to this article. The report is to include the amount of credit claimed against the business franchise tax and the amount of credit claimed against the corporate net income tax.
(b) Taxpayers claiming the credit shall provide the information as the Tax Commissioner may require to prepare the report: Provided, That the information is subject to the confidentiality and disclosure provisions of sections five-d and five-s, article ten of this chapter.
§11-13Y-9. Effective date.
This article shall be effective for corporate net income tax years and business franchise tax years beginning on or after the first day of January, two thousand nine."
On page twenty-eight, section five-a, following line two hundred sixty-five, by inserting the following subsection:
"(g) Limited tax credit for certain financial organizations for certain periods. -- A credit shall be allowed against the tax imposed by this article on a financial organization with its commercial domicile in this state that acquires a financial organization that does not have its commercial domicile in this state; Provided, that the goodwill associated with the acquisition is first added to the net equity of the financial organization with its commercial domicile in this state on or after the first day of January two thousand eight; Provided, however, that the prior recordation of the goodwill associated with the acquisition on the balance sheet of a financial organization that does not have its commercial domicile in this state shall not affect, limit or reduce the availability of the credit authorized by this subsection. The credit shall equal fifty percent of the goodwill associated with the acquisition in the amount first recorded on the balance sheet of the financial organization with its commercial domicile in this state, multiplied by the tax rate applicable to the financial organization under this article for the taxable year. For purposes of this subsection, the term 'goodwill' shall have the meaning set forth in the capital adequacy guidelines for bank holding companies established by the Federal Reserve Board in 12 C.F.R. 225, Appendix A, as the same may be revised from time to time."
On page twenty-eight, section five-a, line two hundred sixty-six, by striking out the subsection designation "(g)" and inserting in lieu thereof the subsection designation "(h)".
On page on page twenty-nine, section five-a, line two hundred seventy-eight, following the word "eight", by striking out the period and inserting in lieu thereof a colon and the following: "Provided, That the amendments to subsection (g) of this section, enacted in the year two thousand eight, shall apply to taxable years beginning after the thirty-first day of December, two thousand seven."
On page twenty-nine, section five-a, following line two hundred seventy-eight, by inserting a new section to read as follows:
"§11-23-6. Imposition of tax; change in rate of tax.
(a) General. -- An annual business franchise tax is hereby imposed on the privilege of doing business in this state and in respect of the benefits and protection conferred. Such tax shall be collected from every domestic corporation, every corporation having its commercial domicile in this state, every foreign or domestic corporation owning or leasing real or tangible personal property located in this state or doing business in this state and from every partnership owning or leasing real or tangible personal property located in this state or doing business in this state effective on and after the first day of July, one thousand nine hundred eighty-seven.
(b) Amount of tax and rate; effective date. --
(1) On and after the first day of July, one thousand nine hundred eighty-seven, the amount of tax shall be the greater of fifty dollars or fifty-five one hundredths of one percent of the value of the tax base, as determined under this article: Provided, That when the taxpayer's first taxable year under this article is a short taxable year, the taxpayer's liability shall be prorated based upon the ratio which the number of months in which such short taxable year bears to twelve: Provided, however, That this subdivision shall not apply to taxable years beginning on or after the first day of January, one thousand nine hundred eighty-nine.
(2) Taxable years after the thirty-first day of December, one thousand nine hundred eighty- eight. -- For taxable years beginning on or after the first day of January, one thousand nine hundred eighty-nine, the amount of tax due under this article shall be the greater of fifty dollars or seventy- five one hundredths of one percent of the value of the tax base as determined under this article.
(3) Taxable years after the thirtieth day of June, one thousand nine hundred ninety-seven. -- For taxable years beginning on or after the first day of July, one thousand nine hundred ninety-seven, the amount of tax due under this article shall be the greater of fifty dollars or seventy hundredths of one percent of the value of the tax base as determined under this article.
(4) Taxable years after the thirty-first day of December, two thousand six. -- For taxable years beginning on or after the first day of January, two thousand seven, the amount of tax due under this article shall be the greater of fifty dollars or fifty-five one hundredths of one percent of the value of the tax base as determined under this article.
(5) Taxable years after the thirty-first day of December, two thousand eight. -- For taxable years beginning on or after the first day of January, two thousand nine, the amount of tax due under this article shall be the greater of fifty dollars or forty-eight one hundredths of one percent of the value of the tax base as determined under this article.
(6) Taxable years after the thirty-first day of December, two thousand nine. -- For taxable years beginning on or after the first day of January, two thousand ten, the amount of tax due under this article shall be the greater of fifty dollars or forty-one one hundredths of one percent of the value of the tax base as determined under this article.
(7) Taxable years after the thirty-first day of December, two thousand ten. -- For taxable years beginning on or after the first day of January, two thousand eleven, the amount of tax due under this article shall be the greater of fifty dollars or thirty-four one hundredths of one percent of the value of the tax base as determined under this article.
(8) Taxable years after the thirty-first day of December, two thousand eleven. -- For taxable years beginning on or after the first day of January, two thousand twelve, the amount of tax due under this article shall be the greater of fifty dollars or twenty-seven one hundredths of one percent of the value of the tax base as determined under this article.
(9) Taxable years after the thirty-first day of December, two thousand twelve. -- For taxable years beginning on or after the first day of January, two thousand thirteen, the amount of tax due under this article shall be the greater of fifty dollars or twenty one hundredths of one percent of the value of the tax base as determined under this article.
(10) Taxable years after the thirty-first day of December, two thousand thirteen. -- For taxable years beginning on or after the first day of January, two thousand fourteen, the amount of tax due under this article shall be the greater of fifty dollars or ten one hundredths of one percent of the value of the tax base as determined under this article.
(11) Taxable years after the thirty-first day of December, two thousand fourteen. -- For taxable years beginning on or after the first day of January, two thousand fifteen, there shall be no tax due under the provisions of this article.
(c) Short taxable years. -- When the taxpayer's taxable year for federal income tax purposes is a short taxable year, the tax determined by application of the tax rate to the taxpayer's tax base shall be prorated based upon the ratio which the number of months in such short taxable year bears to twelve: Provided, That when the taxpayer's first taxable year under this article is less than twelve months, the taxpayer's liability shall be prorated based upon the ratio which the number of months the taxpayer was doing business in this state bears to twelve, but in no event shall the tax due be less than fifty dollars."
On page forty-eight, section four, following line fifty-one, by striking out the remainder of the section and inserting in lieu thereof the following:
"(5) In the case of taxable periods beginning on or after the first day of January, two thousand nine, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of eight and one-half percent.
(6) In the case of taxable periods beginning on or after the first day of January, two thousand twelve, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of seven and three-quarters percent:
Provided, That the reduction in tax authorized by this subsection shall be suspended if the combined balance of funds as of the thirtieth day of June two thousand eleven in the Revenue Fund Shortfall Reserve Fund and the Revenue Fund Shortfall Reserve Fund - Part B established in section twenty, article two, chapter eleven-b of this code does not equal or exceed ten percent of the general revenue fund budgeted for the fiscal year commencing the first day of July, two thousand eleven: Provided, however, That the rate reduction schedule will resume in the calendar year immediately following any subsequent fiscal year when the combined balance of funds as of the thirtieth day of June of that fiscal year in the Revenue Fund Shortfall Reserve Fund and the Revenue Fund Shortfall Reserve Fund - Part B next equals or exceeds ten percent of the general revenue fund budgeted for the immediately succeeding fiscal year.
(7) In the case of taxable periods beginning on or after the first day of January, two thousand thirteen, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of seven percent
Provided, That the reduction in tax authorized by this subsection shall be suspended for one calendar year subsequent to the occurrence of the suspension of the reduction in tax authorized by subdivision (6) of this section: Provided however, That the reduction in tax on the first day of any calendar year authorized by this subsection shall be suspended if the combined balance of funds as of the thirtieth day of June of the preceding year in the Revenue Fund Shortfall Reserve Fund and the Revenue Fund Shortfall Reserve Fund - Part B established in section twenty, article two, chapter eleven-b of this code does not equal or exceed ten percent of the general revenue fund budgeted for the fiscal year commencing the first day of July of the preceding year.
(8) In the case of taxable periods beginning on or after the first day of January, two thousand fourteen, a tax is hereby imposed for each taxable year on the West Virginia taxable income of every domestic or foreign corporation engaging in business in this state or deriving income from property, activity or other sources in this state, except corporations exempt under section five of this article, at the rate of six and one-half percent:
Provided, That the reduction in tax authorized by this subsection shall be suspended for one calendar year subsequent to the occurrence of the suspension of the reduction in tax authorized by subdivision (7) of this section: Provided however, That the reduction in tax on the first day of any calendar year authorized by this subsection shall be suspended if the combined balance of funds as of the thirtieth day of June of the preceding year in the Revenue Fund Shortfall Reserve Fund and the Revenue Fund Shortfall Reserve Fund - Part B established in section twenty, article two, chapter eleven-b of this code does not equal or exceed ten percent of the general revenue fund budgeted for the fiscal year commencing the first day of July of the preceding year.;
On page one hundred, section thirteen-a, line two hundred, following the "contrary", by striking out the comma and inserting the words "except the last sentence of this subsection", followed by a comma."
And,
On page three, by striking out the enacting section and inserting in lieu thereof the following:
"That §11-23-5b of the Code of West Virginia, 1931, as amended, be repealed; that §11-13S- 4 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §11-13Y-1, §11-13Y-2, §11-13Y-3, §11-13Y-4, §11-13Y-5, §11-13Y-6, §11-13Y-7, §11- 13Y-8 and §11-13Y-9; that §11-23-5a and §11-23-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §11-23-17b; that §11-24-3a, §11- 24-4, §11-24-7, §11-24-7b, §11-24-13a, §11-24-13c, §11-24-13d, §11-24-13f and §11-24-42 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §11-24-3b and 11-24-9b, all to read as follows" followed by a colon.
Delegate Armstead moved to amend the Finance Committee amendment on page sixteen, section six, line twenty-four, after the word "percent", by striking out the colon and the remainder of the subdivision and inserting in lieu thereof a period.
On page seventeen, section six, line twenty-two, after the word "percent" by striking out the remainder of the subdivision and inserting in lieu thereof a period.
And,
On page eighteen, section six, on line seventeen, after the word "percent" by striking out the colon and the remainder of the subdivision and inserting in lieu thereof a period.
The question being on the adoption of the amendment offered by Delegate Armstead, the same was put and did not prevail.
Delegate Armstead then moved to amendment the amendment on page fourteen, section six, following line five, by striking out subsections (5), (6), (7), (8), (9), (10) and (11) and inserting in lieu thereof the following:
(5) Taxable years after the thirtieth day of June, two thousand eight. -- For taxable years beginning on or after the first day of July, two thousand eight, there shall be no tax due under the provisions of this article."
On the adoption of the amendment to the amendment, Delegate Armstead demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 390), and there were--yeas 28, nays 69, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shook, Sobonya, Sumner, Tansill and Walters.
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was not adopted.
Delegates Blair, Armstead and Carmichael moved to amend the Finance amendment on page three, section two, line eight, after the word "inventory" by inserting the words "and equipment";
And,
On page five, section four, line twenty three, after the word "inventory" by inserting the words "and equipment".
On the adoption of the amendment to the amendment, Delegate Blair demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 391), and there were--yeas 28, nays 68, absent and not voting 4, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Barker, Beach, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Hamilton, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Sumner, Tansill and Walters.
Absent And Not Voting: Fleischauer, Mahan, Marshall and Stemple.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was not adopted.
Delegates Carmichael, Blair and Armstead moved to amend the amendment on page sixteen, section four, line seventeen, by striking out the words "and one-half".
On page sixteen, section four, line nineteen, by striking out the word "twelve" and inserting in lieu thereof the word "ten".
On page sixteen, section four, line twenty four by striking out the word "three-quarters" and inserting in lieu thereof the word "one-half".
On page seventeen, section four, line seventeen, by striking out the word "thirteen" and inserting in lieu thereof the word "eleven".
And,
On page eighteen, section four, line thirteen, by striking out the word "fourteen" and inserting in lieu thereof the word "twelve".
On the adoption of the amendment to the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 392), and there were--yeas 29, nays 68, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Ennis, Evans, Hamilton, Ireland, Lane, C. Miller, J. Miller, Overington, Palumbo, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Sumner, Tansill and Walters.
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was not adopted.
There being no further amendments, the Finance Committee amendment was then adopted.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 393), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 680) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 680 - "A Bill to repeal §11-23-5b of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13S-4 of said code; to amend said code by adding thereto a new article, designated §11-13Y-1, §11-13Y-2, §11-13Y-3, §11-13Y-4, §11-13Y-5, §11-13Y-6, §11- 13Y-7, §11-13Y-8 and §11-13Y-9; to amend and reenact §11-23-5a and §11-23-6 of said code; to amend said code by adding thereto a new section, designated §11-23-17b; to amend and reenact §11- 24-3a, §11-24-4, §11-24-7, §11-24-7b, §11-24-13a, §11-24-13c, §11-24-13d, §11-24-13f and §11- 24-42 of said code; and to amend said code by adding thereto two new sections, designated §11-24- 3b and 11-24-9b, all relating to business taxes generally; specifying percentage of taxes subject to offset by manufacturing investment tax credit; creating credit for the value of certain ad valorem taxes paid; requiring report on the application of the credit; providing definitions relating to business franchise tax; providing for eligibility of financial organizations for tax credits; specifying amount of credit allowed; providing for treatment of goodwill associated with certain acquisitions; specifying reductions of business franchise tax rate; defining terms relating to corporate net income tax; specifying general meaning relating to the term 'tax haven'; specifying imposition of tax and rates; specifying reductions of corporation net income tax rate and suspension of reductions in certain circumstances; specifying nullity for designated provisions; specifying removal of nullity for designated provisions; specifying apportionment rules for financial organizations; specifying treatment of insurance companies; specifying method of filing; specifying application of designated net operating losses; specifying treatment of designated dividends; mandating reporting on water's- edge unitary basis; specifying election to report based on worldwide unitary basis; specifying authority of Tax Commissioner to prescribe reporting basis; and establishing effective dates."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Com. Sub. for S. B. 699, Establishing OxyContin Asset Forfeiture Fund; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.
On motion of Delegate Perdue, the bill was amended on page six, section two, line twenty- four, following the word "funds" and the period by inserting the following:
"§4-11B-2a. Grant Program.
West Virginia's Partnership to Promote Community Well-being, created by Executive Order No. 8-04, to be a planning body for substance abuse prevention and intervention, shall be responsible for establishing a long-term strategic plan that incorporates elements of prevention, substance abuse treatment and enforcement. In addition, the Partnership shall provide oversight as determined by the West Virginia State Police, establish a grant application process and determine the recipients of Drug-Free West Virginia grants supported by asset forfeiture funds to be used to support successful models of drug prevention, substance abuse treatment and enforcement strategies that are working in West Virginia and to fund replication grants of successful programs. Four million dollars shall be directed to the Drug-Free West Virginia grant program and one hundred thousand dollars shall be directed to the Partnership To Promote Community Well-being upon approval of the U.S. Department of Justice in compliance with their Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies."
And,
By amending the enacting section to read as follows:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §4-11B-1, §4-11B-2, §4-11B-2a, §4-11B-3 and §4-11B-4, all to read as follows:"
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 394), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Shook and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 699) passed.
On motion of Delegate Perdue, the title of the bill was amended to read as follows:
Com. Sub. for 699 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-11B-1, §4-11B-2,§4-11B-2a, §4-11B-3 and §4-11B-4, all relating to the establishment of the OxyContin Asset Forfeiture Fund; making legislative findings; providing that moneys in the fund be appropriated by the Legislature; providing that the Partnership to promote Community Well-being will develop an application process and distribute Drug-Free West Virginia grants; limiting expenditures; and requiring annual reports."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 1:23 p.m, on motion of Delegate DeLong, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.
* * * * * * * *

Afternoon Session

* * * * * * * *

Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for S. B. 287, on third reading, House Calendar, to the Special Calendar, and S. B. 784, on third reading, Special Calendar, to the House Calendar.
Announcement Concerning Conference Committee

The Speaker announced that Delegate Marshall, heretofore appointed as a member of the Committee of Conference on H. B. 4074, was ill and would not be able to carry out her duties as a conferee. The Speaker then stated that, in view of the foregoing fact, he was removing Delegate Marshall as a conferee and appointed Delegate Doyle in her stead.
Delegate DeLong asked and obtained unanimous consent that, for the remainder of the session, members of Conference Committee be permitted to vote on any question or issue before the House which they may have missed as a direct result of their duties on Conference Committees, provided that such members notify the Clerk of the House in writing as to how they wished to vote and on the day the votes were missed, and that any such vote not change the outcome on any question.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2008, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 3215, Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §18B-1-7 of the Code of West Virginia, 1931, as amended, be repealed; that §18B-1A- 7 of said code be repealed; that §18B-1B-11 of said code be repealed; that §18B-2B-6a of said code be repealed; that §18B-6-1 of said code be repealed; that §18B-14-8 of said code be repealed; that §18B-1-2 and §18B-1-8 of said code be amended and reenacted; that §18B-1B-6 of said code be amended and reenacted; that §18B-1C-2 of said code be amended and reenacted; that §18B-2A-1, §18B-2A-2 and §18B-2A-4 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18B-2A-7a; that §18B-2B-6 of said code be amended and reenacted; that §18B-2C-1 and §18B-2C-3 of said code be amended and reenacted; that §18B-3-3 of said code be amended and reenacted; that §18B-3C-5, §18B-3C-8, §18B-3C-12, §18B-3C-13 and §18B-3C-14 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18B-3C-15; and that §18B-8-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Each governing board shall establish and maintain a faculty salary policy that is competitive and which furthers the goals of attracting, retaining and rewarding high quality faculty.
(b) The salary of any full-time faculty member may not be reduced by the provisions of this article.
(c) Upon promotion in rank, each faculty member shall receive a salary increase of up to ten percent., as determined by the salary policy adopted by the governing board."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 3215 - "A Bill to repeal §18B-1-7 of the Code of West Virginia, 1931, as amended; to repeal §18B-1A-7 of said code; to repeal §18B-1B-11 of said code; to repeal §18B- 2B-6a of said code; to repeal §18B-6-1 of said code; to repeal §18B-14-8 of said code; to amend and reenact §18B-1-2 and §18B-1-8 of said code; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-1C-2 of said code; to amend and reenact §18B-2A-1, §18B-2A-2 and §18B-2A-4 of said code; to amend said code by adding thereto a new section, designated §18B-2A- 7a; to amend and reenact §18B-2B-6 of said code; to amend and reenact §18B-2C-1 and §18B-2C-3 of said code; to amend and reenact §18B-3-3 of said code; to amend and reenact §18B-3C-5, §18B- 3C-8, §18B-3C-12, §18B-3C-13 and §18B-3C-14; to amend said code by adding thereto a new section, designated §18B-3C-15; and to amend and reenact §18B-8-3 of said code, all relating to higher education generally; state institutions of higher education; statewide network of independently accredited community and technical colleges; modifying certain powers and duties of West Virginia Council for Community and Technical College Education, Higher Education Policy Commission and institutional boards of governors; defining terms; designating certain community and technical colleges as independent state institutions of higher education and removing administrative link to former sponsoring institutions; clarifying student rights under certain circumstances; providing for appointment of institutional presidents; specifying contract terms and evaluation procedures; modifying title of certain institutional employees; providing for continuation in office; abolishing institutional boards of advisors and establishing boards of governors for certain community and technical colleges; providing for initial appointments to boards of governors; quorums; establishing eligibility criteria and defining membership; requiring institutional master plans and compacts focused on achieving state goals, objectives and priorities; providing for transfer of certain orders, resolutions, rules and obligations from former sponsoring institutions to certain boards of governors; requiring division of assets and liabilities by date certain; providing guidelines for division of assets and liabilities; providing mechanism and time lines for resolution of disputes; prohibiting challenge of certain decisions in state courts; modifying requirements for certain rules; requiring certain legislative and emergency rules; specifying approval procedure for emergency rules; clarifying certain reporting requirements; modifying procedure for establishing priorities for certain capital projects; modifying specifications for development of certain budgets; clarifying and redefining relationships between and among certain higher education boards and institutions; making legislative findings and specifying legislative intent; defining statewide network of independently accredited community and technical colleges; establishing core mission, objectives and priorities for independent community and technical colleges; authorizing certain governing boards to change institutional name by date certain; modifying number of lay members on certain governing boards; authorizing certain governing boards to maintain association with former sponsoring institutions under certain circumstances; continuing certain contracts related to program delivery and provision of certain services; making certain governing boards responsible for maintaining or achieving independent accreditation and essential conditions; requiring former sponsoring institutions to provide certain services for specified period; modifying fee requirements and limitations; specifying contract terms; providing for contract modification under certain circumstances; establishing Pierpont Community and Technical College as an independent state institution of higher education; defining institutional mission and duties and responsibilities of governing boards; requiring independent accreditation by date certain; providing for program accreditation by Fairmont State University under contract until certain date and requiring approval of contract terms by Council for Community and Technical College Education; directing Council to take steps necessary to achieve independent accreditation status; providing for severing accreditation contract between institutions under certain circumstances; establishing advanced technology centers; defining mission, goals and objectives; establishing boards of advisors; specifying membership and terms of office; providing for transition oversight and implementation by Legislative Oversight Commission on Education Accountability; providing for salary increase when faculty member is promoted in rank; making technical corrections; and deleting obsolete provisions."
On motion of Delegate DeLong, the House refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar

Third Reading

(Continued)

Com. Sub. for H. B. 4014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate DeLong, the House of Delegates temporarily passed over consideration of the bill.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 150 - "A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 150) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 395), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time.
On motion of Delegate White, the bill was amended on one, by striking out everything after the enacting clause and inserting the following:
**INSERT FILE
The bill was then ordered to third reading.
The bill was then read a third time and put upon its passage.
Delegate Browning requested to be excused from voting on the passage of Com. Sub. for S. B. 150 under the provisions of House Rule 49, stating that his employment was funded through the budget.
Delegate Armstead also asked to be excused from voting stating that as a legislator he would receive compensation through his vote on the budget.
The Speaker stated that all members fo the House would be required to voted on the passage of the Budget Bill insofar as the Constitution requires that legislators vote on the Budget Bill.
On the passage of the bill, the yeas and nays were taken (Roll No. 396), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Lane and Walters.
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 150) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 397), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 150) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Moye asked and obtained unanimous consent that the remarks of Delegate Perdue regarding the Budget be printed in the Appendix to the Journal.
Delegate Argento asked and obtained unanimous consent that the remarks of Delegate Eldridge regarding the Budget be printed in the Appendix to the Journal.
Delegate Overington asked and obtained unanimous consent that the remarks of Delegates Armstead, Carmichael and Blair regarding Com. Sub. for S. B. 680, relating to corporate net income tax and business franchise tax
be printed in the Appendix to the Journal.
Delegate Doyle asked and obtained unanimous consent that the remarks of Delegate Moore concerning S. B. 600, adding certain terms to Human Rights Act and Fair Housing Act; be printed in the Appendix to the Journal.
Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Williams regarding the economic conditions of the State be printed in the Appendix to the Journal.
Delegate M. Poling asked and obtained unanimous consent that the remarks of Delegate Rodighiero regarding continued funding for autistic children and the great need for additional funding be printed in the Appendix to the Journal.
Special Calendar

Third Reading

(Continued)

H. B. 4715, Making a supplementary appropriation to the Department of Transportation;
on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 398), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4715) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 399), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4715) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Still being in possession of the Clerk, S. B. 541, Continuing personal income tax adjustment to certain retirees' gross income, was taken up for further consideration.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 400), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 541) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 4014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid upon the tabled.
At 4:23 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.
* * * * * * * *

Afternoon Session

* * * * * * * * *

Conference Committee Report Availability

At 5:32 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 4557.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

Delegates Fleischauer, Higgins, Azinger, Beach, Brown, Burdiss, Craig, Crosier, Doyle, Eldridge, Ellis, Evans, Guthrie, Hutchins, Iaquinta, Klempa, Long, Longstreth, Manchin, Marshall, Miley, Morgan, Moye, Palumbo, Paxton, Pino, D. Poling, M. Poling, Rodighiero, Romine, Rowan, Schoen, Shook, Spencer, Staggers, Stephens and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 113 - "Requesting that the Joint Committee on Government and Finance authorize a study of the impact of climate change on the State of West Virginia and the health, safety and welfare of state residents, and create a plan to mitigate the negative effects thereof."
Whereas, The Earth's temperature has increased by one degree over the last century; and
Whereas, The Intergovernmental Panel on Climate Change has said with ninety percent certainty that this warming is caused by human activity; and
Whereas, Sea level is already rising by approximately two millimeters per year; and
Whereas, Global warming causes damage of many kinds: wildfires, droughts, flooding and more destructive hurricanes; and
Whereas, If unchecked, global warming will create or worsen natural disasters within the state; and
Whereas, Climate change emissions can be reduced significantly through implementation of renewable energy technologies, increases in energy efficiency and such practices as time of use metering and peak pricing; and
Whereas, Coal is an important natural resource for the State of West Virginia and contributing to incoming revenue and jobs as well as carbon emissions; and
Whereas, Federal regulation of carbon emissions is a virtual certainty, and this will increase the price of coal-derived electricity; and
Whereas, Renewable energy technologies represent significant potential for creation of new jobs; and
Whereas, Motor vehicles are a major source of pollution in West Virginia and contribute to greenhouse gases that cause worldwide climate change; and
Whereas, Technology can significantly reduce dangerous emissions from motor vehicles; and
Whereas, Vehicles registration fees are calculated annually according to their estimated value; and
Whereas, Vehicles with higher gas mileage have a significantly lower emission of greenhouse gasses; and
Whereas, Government policies can be used to curtail certain acts deemed harmful to society; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study and develop a plan to mitigate negative effects of climate change, address economic impacts, help save lives, protect public health, preserve natural resources and protect valuable infrastructure; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study renewable portfolio standards; and feed-in tariffs; and basing vehicle registration fees on the vehicles fuel economy rather than its value; and stringent fuel efficiency standards for state vehicles; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
Delegate Fleischauer, Beach, Brown, Burdiss, Canterbury, Doyle, Ellis, Fragale, Guthrie, Hamilton, Hatfield, Hrutkay, Klempa, Long, Longstreth, Mahan, Manchin, Miley, Moore, Palumbo, Perdue, Rodighiero, Shook, Staggers, Tabb, Talbott, Wells and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 114 - "Requesting that the Joint Committee on Government and Finance authorize a study of litter and landfill avoidance, beverage container recycling and litter control systems."
Whereas, In order for the State of West Virginia to meet the requirements of the West Virginia Recycling Act, which mandates recycling goals of fifty percent by the first day of January, two thousand ten, it is imperative that new opportunities for recycling be developed; and
Whereas, Beverage containers are the most valuable and recyclable commodity in the waste stream and make up a significant portion of the state's litter and that the discarding of these containers is an unnecessary addition to the state's litter problem and its solid waste disposal system; and
Whereas, A beverage container deposit law would result in the development of hundreds of new jobs for West Virginians; and
Whereas, A deposit system for beverage containers, similar to those in place in other states, would place a small refundable deposit on beverages sold in West Virginia, would reduce the volume of waste and litter, increase recycling opportunities, build upon the existing recycling infrastructure and create new jobs and wider employment in the recycling industry; and
Whereas, Landfills are expensive and existing landfills can damage nearby soil and streams; and
Whereas, Recycling results in less use of landfills; and
Whereas, In the United States, an estimated 120 million barrels of oil are required to produce the one billion plastic bags used annually; and
Whereas, Plastic bags are produced by two nonrenewable sources, petroleum and natural gas; and
Whereas, Large amounts of global warming gases are released during the production, transportation and disposal of plastic bags; and
Whereas, Plastic bags do not biodegrade, they photodegrade and leave toxic particles behind; and
Whereas, In addition to landscape pollution, West Virginia has a large amount of streams and wildlife that are harmed by the improper disposal of plastic bags; and
Whereas, A phased-in ban would slowly decrease the usage of plastic bags and encourage consumers to use their own cloth bags; and
Whereas, Governments throughout the United States and the world have placed a tax on single use plastic bags and others have outlawed them; and
Whereas, Government policies can be used to curtail certain acts deemed harmful to society; and
Whereas, Encouraging recycling under a "pay as you throw" system where consumer pay per bag of trash bag, instead of one set fee no matter the amount of refuse produced, would also decrease the amount of trash sent to landfills; and
Whereas, A bottle deposit system, plastic bag ban and mandatory recycling goals would improve the aesthetic value of West Virginia, reduce pollution and generate revenue; therefore, be it
Resolved by the Legislature of West Virginia
:
That the Joint Committee on Government and Finance is hereby requested to study litter and landfill avoidance, beverage container recycling, litter and trash control systems; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the legislative 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.
Delegates Ennis, Manchin and Proudfoot offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 115 - "Requesting the Joint Committee on Government and Finance study the feasability of requiring residential, business and industrial water connections along newly established waterlines."
Whereas, Clean potable water plays a vital role in the health and well-being of West Virginians; and
Whereas, The installation of waterlines and fire hydrants would greatly improve fire service as well as a possible reduction in fire service premiums for thousands of residents and business owners across the state; and
Whereas, Newly installed waterlines will have a substantial impact in the promotion of economic development in some of our state's most rural areas; and
Whereas, Improvements to the infrastructure in these areas would lay the ground work for new growth; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study residential, business and industrial connections along newly established waterlines; and, be it
Further Resolved, That the Joint Committee on Government and Finance obtain the testimony of acknowledged experts and others, as well as all records, that it deems necessary to complete a thorough study of these issues and matters ancillary thereto; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Boggs, Fleischauer, Hutchins, Paxton, Blair and Duke offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 116 - "Requesting that the Joint Committee on Government and Finance authorize the study of the impact that increasing real estate taxes are having on the middle class, elderly and disabled citizens of this state and to study the effects on education and county and municipal services funding of limiting the increases of real property assessments and levy rates."
Whereas, West Virginia's elderly population is growing and comprises a major portion of the property tax payers of this state; and
Whereas, West Virginia's homestead exemption is helpful, recent property reevaluations have negated the benefit and many elderly residents are struggling with payment of the increased property taxes resulting from reevaluation; and
Whereas, The low median income of most middle class families in this state is further eroded by the increases in real property taxes so that families are struggling to afford their homes; and
Whereas, It is time for the Legislature to study the to study the effects of limiting increases of real property assessments and levy rates; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact increasing real estate taxes are having on the middle class, elderly and disabled citizens of this state and to study the effects of limiting the increases of real property assessments and levy rates on education and county and municipal services funding; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with the drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Martin, Ashley, Caputo, DeLong and Morgan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 117 - "Requesting that the Joint Committee on Government and Finance study inclusion of athletic trainer licensure and regulation under the laws governing the West Virginia Board of Physical Therapists or other relevant licensing boards."
Whereas, The board regulating the profession of Physical Therapy is charged with protecting the public health, safety and welfare, and to ensure availability of licensed and accredited physical therapist services to the citizens of West Virginia; and
Whereas,
Through preparation in both academic education and clinical experience, athletic trainers are part of the health care system associated with physical activity and sports; and
Whereas,
The physical therapy and athletic training professions frequently collaborate to provide a variety of services, including injury prevention, assessment, immediate care, treatment, and rehabilitation after physical injury or trauma; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The framework and statutes governing relevant licensing boards will require modification to effectuate the licensure and regulation of the athletic training profession; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study that identifies the West Virginia Board of Physical Therapy; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the legislative 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.
Delegates Anderson, Andes, Armstead, Ashley, Azinger, Barker, Blair, Boggs, Border, Campbell, Cann, Canterbury, Carmichael, Cowles, DeLong, Doyle, Duke, Ellem, Evans, Gurthrie, Hamilton, Hartman, Hatfield, Higgins, Iaquinta, Ireland, Klempa, Kominar, Longstreth, Manchin, Martin, Michael, C. Miller, J. Miller, Morgan, Overington, Palumbo, Paxton, Perry, Pethtel, Pino, D. Poling, Porter, Reynolds, Romine, Rowan, Schadler, Schoen, Shaver, Spencer, Staggers, Sumner, Swartzmiller, Tabb, Talbott, Tucker, Wells, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 118 - "Requesting the Joint Committee on Government and Finance study ways to compensate public employees for carpooling to work."
Whereas, The Legislature desires to encourage public employees to carpool to work; and
Whereas, Employees who carpool to work could save money on gas, reduce motor vehicle wear and tear, and reduce the stress of driving to work; and
Whereas, There are multiple ways that employees could be compensated for carpooling to work, including, but not limited to, mileage reimbursement for drivers, flat rate compensation, and nonmonetary incentives such as not paying for parking at the capitol complex or other locations where employees have to pay to park; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study ways to compensate public employees for carpooling to work; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Cann, Long, Longstreth, Pino, Stalnaker, Ashley, Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 41 - "Requesting the Speaker of the House of Delegates to continue the Long Term Care Sub-Committee of the Committee on Health and Human Resources beyond the 78th Legislature to continue their work on the Vision Shared study of long term care."
Whereas, The Long Term Care Sub-Committee was asked by the Chairman of the Committee on Health and Human Resources to consider long term care needs in our State; and
Whereas, The Long Term Care Sub-Committee believes the work begun by Vision Shared should continue to develop appropriate expectations concerning the number of residents who may need these services and to determine whether the appropriate agencies are planning accordingly to meet expected needs and demands; and
Whereas, Since its inception, the Long Term Care Sub-Committee has heard presentations by the Bureau of Senior Services, Bureau of Medical Services, the Area Agencies on Aging, the Developmental Disabilities Council, the Olmstead program, the West Virginia Health Care Association and the Ombudsman Office; and
Whereas, The Long Term Care Sub-Committee will expire at the end of the 78th Legislature; and
Whereas, Sub-Committee members feel that progress has already been made in bringing long term care issues to the forefront and believe that there is still much work needed to continue to improve the health and care of the elderly and persons living with disabilities in West Virginia; therefore, be it
Resolved by the House of Delegates:
That the Long Term Care Sub-Committee be continued; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a certified copy of this resolution to the Speaker of the House of Delegates and the members of the Long Term Care Sub-Committee.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4010, Removing the limitation on terms for members on the board of library directors.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for S. B. 4036, Granting the board of Respiratory Care Practitioners rulemaking authority and the issuance of temporary permits to students.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4078, Relating to the termination of the Blennerhassett Island Historical State Park Commission.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That º29-8-2, º29-8-3, º29-8-4 and º29-8-5 of the Code of West Virginia, 1931, as amended be repealed; that º29-8-1 of said code be amended and reenacted; and that º20-5-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 8. BLENNERHASSETT ISLAND HISTORICAL STATE PARK COMMISSION.
§29-8-1. Blennerhassett Island Historical State Park Commission
termination.
The Blennerhassett Island Historical State Park Commission shall cease to exist on the first day of July, two thousand eight. The termination of the commission is exempt from the wind down provisions of section twelve, article ten, chapter four of this code. All members of the commission duly appointed and serving shall cease to hold the office or perform the duties that the office may provide. All property, real or tangible, all powers, expressed or implied, and all authority granted to the commission transfers to the Division of Natural Resources effective upon passage of this section.
ARTICLE 5. PARKS AND RECREATION.
§20-5-3. Section of parks and recreation; purpose; powers and duties generally.

The purposes of the section of parks and recreation shall be to promote conservation by preserving and protecting natural areas of unique or exceptional scenic, scientific, cultural, archaeological or historic significance and to provide outdoor recreational opportunities for the citizens of this state and its visitors. It shall be the duty of the section of parks and recreation to have within its jurisdiction and supervision:
(a) All state parks and recreation areas, including all lodges, cabins, swimming pools, motorboating and all other recreational facilities therein, except the roads heretofore transferred pursuant to section one, article four, chapter seventeen of this code to the state road system and to the responsibility of the commissioner of highways with respect to the construction, reconstruction and maintenance of the roads or any future roads for public usage on publicly owned lands for future state parks, state forests and public hunting and fishing areas;
(b) The authority and responsibility to do the necessary cutting and planting of vegetation along road rights-of-way in state parks and recreational areas;
(c) The administration of all laws and regulations relating to the establishment, development, protection, use and enjoyment of all state parks and state recreational facilities consistent with the provisions of this article;
(d) The continued operation and maintenance of the Berkeley Springs historical state park, in Morgan County, as a state recreational facility, designated the Berkeley Springs sanitarium under prior enactment of this code;
(e) The continued operation and maintenance of that portion of Washington Carver camp in Fayette County formerly incorporated within the boundaries of Babcock state park;
(f) The continued operation and maintenance of Camp Creek state park as a state recreational facility, formerly delineated according to section three, article one-a, chapter nineteen of this code;
(g) The continued operation and maintenance of Moncove Lake state park as a state recreational facility, formerly delineated pursuant to enactment of section thirteen, article one, chapter five-b of this code in the year one thousand nine hundred ninety;
(h) The continued protection, operation and maintenance of approximately seventy-five miles of right-of-way along the former Greenbrier subdivision of the Chessie railroad system between Caldwell in Greenbrier County and Cass in Pocahontas County, designated the Greenbrier river trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property; and
(i) The continued protection, operation and maintenance of approximately sixty and fifty- seven one-hundredths miles of right-of-way of the CSX railway system between Walker in Wood County and Wilsonburg in Harrison County, designated the North Bend rail trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property; and
(j) The continued development, operation and maintenance of Blennerhassett Island Historical State park, including all the property, powers and authority previously held by the Blennerhassett Island Historical State Park Commission formerly delineated pursuant to article eight, chapter twenty-nine of this code
."
And,
By amending the title of the bill to read as follows:
H. B. 4078 - "A Bill to repeal º29-8-2, º29-8-3, º29-8-4 and º29-8-5 of the Code of West Virginia, 1931, as amended; to amend and reenact º29-8-1 of said code; to amend and reenact º20-5- 3, all relating to the termination of the Blennerhassett Island Historical State Park Commission; exempting the termination of the commission from the wind down provisions of §4-10-12; and providing for the transfer of all remaining property and authority of the commission to the Division of Natural Resources parks and recreation section."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 401), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Kominar, Mahan, Marshall, Perdue, Spencer, Stalnaker and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4078) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4139, Relating to licensing persons using bioptic telescopic devices to operate a motor vehicle.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page five, section one, lines thirty-two and thirty-three, by striking out the words "Commercial Motor Vehicle Safety Act of 1986, Title XII of public law 99-570" and inserting in lieu thereof the words "Motor Carrier Safety and Improvement Act of 1999".
On page eight, section one, line eighty-four, by striking out the word "shall" and inserting in lieu thereof the word "may".
On page eight, section one, line ninety-two, by striking out the words "A nondriver" and inserting in lieu thereof the word "An".
On page eight, section one, line ninety-seven, by striking out all of paragraph (B).
And relettering the remaining paragraphs.
On page nine, section one, line one hundred eight, by striking out the word "nondriver".
And,
On page ten, section one, lines one hundred thirty-eight and one hundred thirty-nine, by striking out the following:
"The identification card shall be surrendered to the division when the holder is issued a driver's license."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 402), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Kominar, Mahan, Marshall, Spencer, Stalnaker and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4139) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4156, Permitting a governing body of a municipality to place a lien on property in an amount equal to the demolition and removal of a hazardous structure.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page four, section sixteen, lines forty-two through forty-three, by striking out the words "of demolition and removal of the property incurred by the municipality; and," and inserting in lieu thereof the words "incurred by the municipality for repairing, altering or improving, or of vacating and closing, removing or demolishing any dwelling or building; and".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 403), and there were--yeas 73, nays 19, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Canterbury, Cowles, Duke, Hamilton, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Boggs, Kominar, Mahan, Marshall, Spencer, Stalnaker and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4156) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4337, Authorizing the Board of Barbers and Cosmetologists to increase fees for one year.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4381, Relating to an assigned risk plan and guaranty association account for workers' compensation insurance.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 404), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Kominar, Mahan, Marshall, Spencer, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4381) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4383, Awarding service revolver upon retirement to state fire marshal.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-32. Awarding service weapon upon retirement of fire marshal or service weapon.
(a) Upon the retirement of a state fire marshal, any full-time deputy fire marshal or any full- time assistant fire marshal employed by the state fire marshal pursuant to section eleven of this article, the State Fire Commission shall award to the retiring member his or her service weapon, without charge, upon determining:
(1) That the retiring member is retiring honorably with at least twenty years of service; or
(2) The retiring member is retiring with less than twenty years of service based upon a determination that the member is totally physically disabled as a result of his or her service with the state fire marshal.
(b) Notwithstanding the provisions of subsection (a) of this section, the State Fire Commission may not award a service weapon to any member whom the State Fire Commissioner finds to be mentally incapacitated or who constitutes a danger to any person or the community.
(c) If a service weapon is taken out of service due to
routine wear, the fire marshal may offer the service weapon for sale to any active or retired state fire marshal, assistant state fire marshal or deputy state fire marshal, at fair market value, with the proceeds from any sales used to offset the cost of new service weapons. The disposal of service weapons pursuant to this subsection does not fall within the jurisdiction of the purchasing division of the department of administration."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4383 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-32, all relating to fire marshal service weapons; providing for awarding service weapon to any active or retired state fire marshal, a deputy fire marshal or assistant fire marshal; and providing for the sale of service weapon when taken out of service due to routine wear."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 405), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Campbell, Kominar, Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4383) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4386, Authorizing municipalities to create an annual vacant property registration.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-16a. Registration of uninhabitable property.
(a) The governing body of a municipality may, by ordinance, establish a property registration for any real property improved by a structure that is uninhabitable and violates the applicable building code adopted by the municipality. An owner of real property subject to the registration shall be assessed a fee as provided by the ordinance.
(b) The mayor of the municipality shall appoint a code enforcement officer to investigate and determine whether real property violates provisions of the applicable building code of the municipality.
(c) After inspecting the property, if the officer determines the property is uninhabitable and violates the applicable building code, then:
(1) The officer shall post a written notice on the property which shall include:
(A) An explanation of the violation(s);
(B) A description of the registration;
(C) The date the fee will be assessed;
(D) An explanation of how to be removed from the registration;
(E) An explanation of the appeals process; and
(F) A statement that if the fee is not paid, then the property is subject to forfeiture; and
(2) Within five business days of the inspection and the posting of the property, the officer shall, by certified mail, send a copy of the notice that was posted to the owner(s) of the property at the last known address according to the county property tax records.
(d) Within forty-five days of receipt of the notification by the owner(s), the property owner may:
(1) Make and complete any repairs to the property that violate the applicable building code; or
(2) Provide written information to the officer showing that repairs are forthcoming in a reasonable period of time.
(e) After the repairs are made, the owner may request a reinspection of the property to ensure compliance with the applicable building code. If the officer finds the violations are fixed, the owner is not subject to the registration and no fee will be incurred.
(f) The officer may reinspect the property at any time to determine where in the process the repairs fall.
(g) Within ninety days of receipt of the notification by the owner(s), the property owner has the right to appeal the decision of the officer to the enforcement agency, created in section sixteen, article twelve of this chapter.
(h) If an appeal is not filed within ninety days, the property is registered and the fee is assessed to the owner(s) on the date specified in the notice. The notice of the fee shall be recorded in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes.
(i) If the enforcement agency affirms the registration and assessment of the registration fee, the property owner has the right to appeal the decision of the enforcement agency to the circuit court within thirty days of the decision. If the decision is not appealed in a timely manner to the circuit court, then the property is registered and the fee is assessed on the date specified in the notice. The notice of the fee shall be recorded in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes.
(j) A fee assessed under this section shall be recorded in the same manner as a lien is recorded in the office of the clerk of the county commission of the county.
(k) If the fee is paid, then the municipality shall record a release of the fee in the office of the clerk of the county commission of the county where the property is located and if different, in the office of the clerk of the county commission of the county where the property is assessed for real property taxes.
(l) If an owner fails to pay the fee, then the officer shall annually post the written notice on the property and send the written notice to the owner(s) by certified mail.
(m) If a registration fee remains delinquent for two years from the date it was placed on record in the clerk of the county commission in which the property is located and assessed, the municipality may take action to receive the subject property by means of forfeiture. Should the municipality take the steps necessary to receive the subject property, the municipality
then becomes the owner of record and takes the property subject to all liens and real and personal property taxes."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4386 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16a, relating to uninhabitable property in municipalities; authorizing municipalities to establish property registration and assess fees by ordinance; procedures and requirements for the property registration and fees; establishing appeal process; and process for delinquent fees."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 406), and there were--yeas 74, nays 19, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Carmichael, Cowles, Duke, Ellem, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Schadler, Schoen and Walters.
Absent And Not Voting: Boggs, Campbell, Kominar, Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4386) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4389, Removing requirement that resident violators of traffic laws be required to sign citations.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4394, Restoring the licensure exemption for certain contractors of manufactured housing installation.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 407), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Campbell, Kominar, Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4394) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4420, Imposing corporate net income tax on certain regulated investment companies and real estate investment trusts used as tax sheltering vehicles.
Delegate DeLong moved that the bill take effect January 1, 2009.
On this question, the yeas and nays were taken (Roll No. 408), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Boggs, Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4420) takes effect January 1, 2009.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4644, Relating to the forfeiture of bail.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 409), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4644) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4664, Clarifying the purpose of the Purchasing Division.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4692, Permitting depositories of state, county, municipal and other public moneys to pool securities.
At 5:45 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 6:30 p.m., and reconvened at that time.
* * * * * * * *

Evening Session

* * * * * * * *

Special Calendar

Third Reading

Com. Sub. for S. B. 638, Requiring information collection from catalytic converter purchasers; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 410), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 638) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 9, Mandating hunter safety program in public schools; on third reading, coming up in regular order, was read a third time.
Delegate Hamilton requested to be excused from voting on the passage of Com. Sub. for S. B. 9 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 411), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Brown, Guthrie, Higgins, Palumbo, Shook and Wells.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 9) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 9- "A Bill to amend and reenact §18-2-8a of the Code of West Virginia, 1931, as amended, relating to hunter safety orientation programs in the public schools; providing for state board rule; minimum requirements; permissive implementation; and certification of program completers."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 142, Relating to limited expungement of certain criminal records; on third reading, coming up in regular order, was read a third time.
Delegate Ellem requested to be excused from voting under the provisions of House Rule 49, stating that for an extended time prior to the Regular Session he has had a client for whom the Delegate had been exploring the possibility of limited expungement of records concerning certain misdemeanors and that, with the passage of the bill the client would be qualified for expungement, and this would represent a monetary gain for Delegate Ellem as his attorney.
The Speaker stated that the reasons presented in the request constituted adequate grounds under Rule 49 and excused Delegate Ellem from voting on the passage of the bill.
Delegates Shook, Schoen and Lane also requested to be excused from voting under House Rule 49, stating that they might be involved in legal work concerning expungement at a future date in their respective roles as attorneys.
The Speaker refused to excuse the Delegates from voting on the bill, stating that they were members of a class of persons to be affected thereby.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 412), and there were--yeas 90, nays 5, excused from voting 1, absent and not voting 4, with the nays, excused from voting and absent and not voting being as follows:
Nays: Armstead, Ireland, Overington, Sumner and Walters.
Excused from Voting: Ellem.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 142) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 142 - "A Bill to amend and reenact §5-1-16a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-11-26, all relating to expungement of certain criminal records generally; changing time frames for petitions for expungement after gubernatorial pardons; authorizing expungement of certain criminal convictions committed between the ages of eighteen and twenty-six; petition for expungement fee; time frame for eligibility for expungement; contents of the petition for expungement; service, notice and publication requirements for the petition for expungement; prosecutor and state agency opposition to the petition for expungement; burden of proof; court procedure for hearing and ruling upon the petition; crimes which are not eligible for expungement; and establishing procedures for sealing and later use of expunged records."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 265, Creating Special Aircraft Property Valuation Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 413), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Argento, Barker, Fleischauer, Guthrie, Lane and Palumbo.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 265) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 280, Modifying Downtown Redevelopment Act; on third reading, coming up in regular order, was laid over one day.
Com. Sub. for S. B. 287, Establishing West Virginia Research Trust Fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 414), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Tabb and Wysong.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 287) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 415), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 287) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 291, Appointing additional circuit court judge to Pendleton, Hardy, Hampshire, Mercer and Wayne counties; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 416), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 291) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 287, Establishing West Virginia Research Trust Fund; having been passed in earlier proceedings and still being in possession of the Clerk, was, on motion of Delegate DeLong, taken up for further consideration.
At the request of Delegate DeLong and by unanimous consent, the House of Delegates reconsidered the votes on the effective date and the passage of the bill.
The bill, having been returned to its original status on third reading, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page nine, section two, line fifty-nine, by striking the word "and".
On page nine, section two, line sixty-two, by striking the period and inserting in lieu thereof a semicolon and the word "and".
On page nine, section two, following line sixty-two, by inserting the following:
"(10) 'State college' means the West Virginia School of Osteopathic Medicine, Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty State College or West Virginia State University."
On page ten, section three, line twenty-five, following the word "commission" by striking out the remainder of the subsection and inserting in lieu thereof the words "to provide matching research funds to state colleges in accordance with the provisions of section ten of this article".
On page sixteen, section six, line sixteen, by striking the word "or".
On page sixteen, section six, following line eighteen, by inserting "(F) Gerontology; or".
On page twenty-three, section ten, line eight, by striking the comma and the words "article one of this chapter" and inserting in lieu thereof the words "of this article".
And,
On page twenty-six, section eleven, line twenty-four, following the word "expenditures", by striking out the words "from the research endowments" and inserting in lieu thereof the words "of the research endowment proceeds".
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 417), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Tabb and Wysong.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 287) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 418), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 287) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 297, Authorizing School Building Authority to issue revenue bonds from State Excess Lottery Fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 419), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 297) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 420), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 297) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 309, Increasing Secretary of Transportation and Commissioner of Highways salary when one person serves as both; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 421), and there were--yeas 61, nays 35, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Argento, Armstead, Barker, Beach, Blair, Brown, Cann, Carmichael, Cowles, Duke, Gall, Guthrie, Hamilton, Hartman, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Lane, Martin, Michael, Moye, Overington, Porter, Schadler, Shaver, Spencer, Staggers, Sumner, Tabb, Tansill, Walters and Wysong.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 309) passed.
Delegate DeLong moved that the bill take effect July 1, 2008.
On this question, the yeas and nays were taken (Roll No. 422), and there were--yeas 80, nays 16, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Argento, Barker, Beach, Brown, Duke, Guthrie, Hamilton, Hrutkay, Hutchins, Ireland, Kessler, Martin, Moye, Porter, Sumner and Tansill.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 309) takes effect July 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 417, Authorizing Department of Revenue promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 423), and there were--yeas 81, nays 15, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Cowles, Duke, Lane, Miller, C, Overington, Romine, Schoen, Sobonya, Sumner, Tansill and Walters.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 417) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 424), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Blair, Duke, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 417) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 467, Reauthorizing Dam Safety Rehabilitation Revolving Fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 425), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 467) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 535, Modifying certain penalties for DUI; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 426), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 535) passed.
Delegate Ellem requested to be excused from voting on the passage of Com. Sub. for S. B. 535 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 426), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 535) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 535 - "A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2 and §17C-5-7 of said code; and to amend and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to modifications to administrative and criminal penalties for driving a motor vehicle under the influence of alcohol and/or drugs; reducing the criminal and administrative sanctions for driving a vehicle with a lawfully suspended or revoked license; providing for concurrent sentences for driving a vehicle with a lawfully suspended or revoked license; removing the mandatory 24-hour incarceration for first offense driving under the influence; creating an aggravated offense of driving with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; permitting participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; process for rejecting or modifying hearing examiner's proposed findings; law-enforcement officers excused from hearings unless presence is requested by party whose license is at issue; adoption of law-enforcement affidavit if officer does not attend hearing; mandating participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; providing enhanced administrative sanctions for persons operating a motor vehicle with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; making certain technical changes to administrative procedures; transferring primary authority of the Safety and Treatment Program to the Department of Health and Human Resources; providing for removal of the Driver's Rehabilitation Fund from the jurisdiction of the Division of Motor Vehicles and placing it under the jurisdiction of the Secretary of the Department of Health and Human Resources; requiring Department of Health and Human Resources to propose legislative rules; providing that a person whose driver's license is revoked for refusing to take a secondary chemical test is not eligible to reduce the revocation period by completing the Safety and Treatment Program; removing requirement that victim impact panels be implemented pursuant to legislative rules; requiring the Commissioner of the Department of Motor Vehicles to propose legislative rules; reducing the minimum period of revocation for participation in the test and lock program; increasing minimum periods of participation in the ignition interlock device for aggravating offenses; and denying participation in the Motor Vehicle Alcohol Test and Lock Program for persons whose driver's license is revoked for driving under the influence of drugs."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 564, Relating to higher education tuition and fee waivers; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 427), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 564) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 535 - "A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2 and §17C-5-7 of said code; and to amend and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to modifications to administrative and criminal penalties for driving a motor vehicle under the influence of alcohol and/or drugs; reducing the criminal and administrative sanctions for driving a vehicle with a lawfully suspended or revoked license; providing for concurrent sentences for driving a vehicle with a lawfully suspended or revoked license; removing the mandatory 24-hour incarceration for first offense driving under the influence; creating an aggravated offense of driving with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; permitting participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; process for rejecting or modifying hearing examiner's proposed findings; law-enforcement officers excused from hearings unless presence is requested by party whose license is at issue; adoption of law-enforcement affidavit if officer does not attend hearing; mandating participation in the Motor Vehicle Alcohol Test and Lock Program for first offense driving under the influence; providing enhanced administrative sanctions for persons operating a motor vehicle with a blood alcohol concentration of fifteen hundredths of one percent or more, by weight; making certain technical changes to administrative procedures; transferring primary authority of the Safety and Treatment Program to the Department of Health and Human Resources; providing for removal of the Driver's Rehabilitation Fund from the jurisdiction of the Division of Motor Vehicles and placing it under the jurisdiction of the Secretary of the Department of Health and Human Resources; requiring Department of Health and Human Resources to propose legislative rules; providing that a person whose driver's license is revoked for refusing to take a secondary chemical test is not eligible to reduce the revocation period by completing the Safety and Treatment Program; removing requirement that victim impact panels be implemented pursuant to legislative rules; requiring the Commissioner of the Department of Motor Vehicles to propose legislative rules; reducing the minimum period of revocation for participation in the test and lock program; increasing minimum periods of participation in the ignition interlock device for aggravating offenses; and denying participation in the Motor Vehicle Alcohol Test and Lock Program for persons whose driver's license is revoked for driving under the influence of drugs."
Delegate DeLong moved that the bill take effect July 1, 2008.
On this question, the yeas and nays were taken (Roll No. 428), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 564) takes effect July 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 574, Increasing State Police compensation; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 429), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 574) passed.
Delegate DeLong moved that the bill take effect July 1, 2008.
On this question, the yeas and nays were taken (Roll No. 430), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 574) takes effect July 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 590, Protecting health care workers; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 431), and there were--yeas 80, nays 16, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Carmichael, Cowles, Duke, Ellem, Ireland, Kessler, Lane, C. Miller, J. Miller, Overington, Schadler, Sobonya, Sumner and Walters.
Absent and Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 590) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 590 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to the protection of health care workers and protective services workers; establishing enhanced criminal penalties for crimes of violence against listed persons when they are engaged in official duties; and defining 'health care worker' and 'protective services worker'.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 650, Relating to Emergency Medical Services Retirement Systemon third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 431), and there were--yeas 80, nays 16, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Carmichael, Cowles, Duke, Ellem, Ireland, Kessler, Lane, C. Miller, J. Miller, Overington, Schadler, Sobonya, Sumner and Walters.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B.650) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 650 - "A Bill to amend and reenact §16-5V-2, §16-5V-6, §16-5V-8, §16-5V-9, §16-5V-14, §16-5V-18, §16-5V-19, §16-5V-25 and §16-5V-32 of the Code of West Virginia, 1931, as amended, all relating to the Emergency Medical Services Retirement System; adding and modifying definitions; specifying that members hired after the effective date of this plan are members of the plan as a condition of employment; clarifying language relating to the participation of public employers in this plan; clarifying language relating to the transfer of Public Employees Retirement System service credit and reinstatement of service as an emergency medical services officer; specifying the date on which contributions are due the fund and providing for delinquency fees for late payments; clarifying language relating to purchase of prior service and providing for delinquency fees for late payments; eliminating minimum required eligible direct rollover distributions paid directly to an eligible retirement plan; allowing distributions totaling less than two hundred dollars within the definition of eligible rollover distribution; clarifying the language relating to the benefit awarded for a duty disability; adding provisions for the payment of additional death benefits; clarifying language relating to the effective date for receipt of a duty disability benefit; and making a correction to the time period for which the Joint Committee on Government and Finance shall conduct an interim study on the potential effects of the implementation of this plan."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 653, Permitting internet sales of life, accident and sickness insurance; on third reading, coming up in regular order, was read a third time.
Delegates Ashley and Walters requested to be excused from voting on the passage of S. B. 653 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 433), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 653) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 682, Creating Community and Technical College Capital Improvement Fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 434), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 682) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 435), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 682) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 696, Providing appraisal methods for certain multifamily rental properties; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 436), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Ireland.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 696) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 706, Providing for liner placement through mined-out coal horizons; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 437), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 706) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 712, Authorizing Coalbed Methane Review Board to propose legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 438), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 712) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 715, Defining certain Public Employees Insurance Agency eligibility; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 439), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 715) passed.
On motion of Delegate Boggs, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 715 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-16-15 of said code, all relating to the participation in the Public Employees Insurance Agency of certain retired employees; mandatory participation in Retiree Health Benefit Trust Fund; requiring written certification from nonstate employers who opt out of the other post-employment benefits plan of the fund; providing that agency is not liable to provide benefit where employer opted out; and directing the finance board to study an oral health benefit to children of covered employees."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 736, Relating to real property sales of persons under legal disability; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 440), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 736) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 746, Establishing recycling recovery program for electronics; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 441), and there were--yeas 85, nays 11, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Duke, Lane, C. Miller, J. Miller, Schadler, Schoen, Shaver, Sobonya and Sumner.
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 746) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 780, Relating to Public Employees Grievance Procedure; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 442), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 780) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 781, Relating to service of suggestee execution and notice; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 443), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Mahan, Marshall, Stalnaker and Stemple.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 781) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 28, Designating timber rattlesnake as state reptile; having been postponed in earlier proceedings, was, on motion of Delegate DeLong, taken up for further consideration.
On motion of Delegate Talbott, the resolution was amended on page one, line five, after the word 'reptile' by inserting the following 'and designating Megalonyx Jeffersonii as West Virginia's state fossil'.
And,
On page one, line twenty-three, following the words 'West Virginia' and the semicolon, by striking the remainder of the resolution and inserting in lieu thereof the word "and" and the following:
'Whereas, No fossil has been designated as the official state fossil for the State of West Virginia; and
Whereas, Interest in fossils and paleontology has become increasingly widespread throughout the citizenry of this state, there currently being fossil, rock and gem clubs already organized in the counties of Cabell, Harrison, Kanawha and Wood; and
Whereas, In 1797, President Thomas Jefferson obtained and described fossil bones from a limestone cave in what is now Monroe County; and
Whereas, These bones were again described by Casper Wistar in 1799 as the bones of a giant extinct ground sloth; and
Whereas, Wistar named the bones as a new species, Megalonyx Jeffersonnii, in honor of President Jefferson; and
Whereas, The bones are from the Ice Age or Pleistocene Epoch which lasted from 10,000 to 1.8 million years ago; and
Whereas, The designation of a state fossil would aid in the promotion of interest in geology, paleontology and history; and
Whereas, The bones afford an opportunity for special studies in American, State, and natural history for the students of the state; and
Whereas, Thirty-nine of the fifty states have an official state fossil; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the timber rattlesnake as West Virginia's state reptile and the fossil Megalonyx Jeffersonnii as the state fossil; and, be it
Further Resolved, That the Clerk of the Senate is hereby requested to forward official copies of this resolution to the citizens and schools in the state."
The resolution, as amended, was then adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence were granted Delegates Mahan, Marshall and Stemple.
Miscellaneous Business

Delegate Schoen submitted a written vote explanation on the passage of H. B. 3065, which passed the House on yesterday, as follows:
Delegate Schoen. Although I agree with the intent of HB3065, which is to discourage the filing of false allegations of child abuse and/or neglect, I believe the bill contains a substantive error in that it provides for a criminal penalty for making a claim of neglect of a child.
Chapter 61, Article 6, Section 25. Falsely reporting child abuse.
It is apparent from the title that this criminal section is intended to apply to individuals who inform a law enforcement officer or child protective service worker that a person has committed sexual or physical abuse; however, the wording in the body of the bill includes "neglect of a child." Under section three, chapter forty-nine of this code, "neglected child" is defined as follows:
(j)(1) "Neglected child" means a child:
(A) Whose physical or mental health is harmed or threatened by a present refusal, failure or inability of the child's parent, guardian or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care or education, when such refusal, failure or inability is not due primarily to a lack of financial means on the part of the parent, guardian or custodian; or

(B) Who is presently without necessary food, clothing, shelter, medical care, education or supervision because of the disappearance or absence of the child's parent or custodian;

49-1-3(j)(1)(A)(B)
As a practicing family lawyer, I have learned that the parties to a divorce do not always act as rational individuals, especially when they perceive their children as potentially being harmed. Parents' concerns for their children sometimes cause them to react sensitively to benign situations. For example, a parent who becomes distressed when his or her child is returned by the other parent with complaints of hunger, cuts to the knees, and dirty clothes may, in an excited state, immediately calls DHHR to report this "neglect," only to later discover that the child had been playing on the playground immediately before being returned. Now in a calm state, the reporting parent can rationally say that the child had just come from the playground, where the child loves to run and explore. Further, the reporting parent can see that the initial report was unnecessary, as the child was not harmed or neglected.
As is provided for in the body of this bill, the parent would have intended to file this report, and later would have realized and admitted that although it was an irrational mistake, it was false, and that the reporting parent knows that the other parent did not neglect the child. Once the reporting parent makes these admissions, a prosecutor now has no challenge to the misdemeanor charge of falsely reporting child abuse (not neglect).
The penalties are very stiff under these circumstances - a person can be assessed a $1,000.00 fine and 40-60 hours of community service. Additionally, the reporting parent can now be charged with a misdemeanor, and worse, the reporting parent has no method of expungement, even though persons found guilty of Domestic Violence have a process by which they can have their conviction expunged. Now, the reporting parent, who may be attempting to enter the workforce or apply for a higher-paying position, must declare that they have a misdemeanor on their permanent record, which may preclude such advancement.
Including false charges of "neglect of a child" in this section instead of merely false charges of physical abuse or sexual abuse substantially changes the intent and the consequences of this bill.
Therefore, on HB3065, I cast a 'nay' vote.
At 7:05 p.m., the House of Delegates adjourned until 11:00 a.m., Saturday, March 8, 2008.