__________*__________
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.