hdj2011-03-03-51
__________*__________
Thursday, March 3, 2011
FIFTY-FIRST 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 Wednesday, March 2, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Unanimous consent having been obtained, Delegate L. Phillips addressed the House, reading
an essay written by Legacy Green, a Westside High School student, and at the conclusion of her
remarks, Delegate Hall asked and obtained unanimous consent that they be included in the Appendix
to the Journal.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented a communication from the Chief Executive, advising
that on March 1, 2011, he approved
S. B. 184, Com. Sub. for S. B. 200 and
S. B. 342.
Messages from the Senate
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. 2464, Adding additional requirements to the Ethics Act.
On motion of Delegate Boggs, 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 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS
AND EMPLOYEES; APPEARANCES BEFORE PUBLIC
AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW
JUDGES.
§6B-2-6. Financial disclosure statement; filing requirements.
(a)
The requirements for filing a financial disclosure statement shall become initially
effective on the first day of February, one thousand nine hundred ninety, for all persons holding
public office or employment on that date and who are otherwise required to file such statement under
the provisions of this section. The initial financial disclosure statement shall cover the period from
the first day of July, one thousand nine hundred eighty-nine, for the period ending the thirty-first day of January, one thousand nine hundred ninety. Thereafter, the The Financial disclosure statement
shall be filed on the first day of February of each calendar year to cover the period of the preceding
calendar year, except insofar as may be otherwise provided herein. The following persons must file
the financial disclosure statement required by this section with the ethics commission:
(1) All elected officials in this state, including, but not limited to, all persons elected
statewide, all county elected officials, municipal elected officials in municipalities which have, by
ordinance, opted to be covered by the disclosure provisions of this section, all members of the
several county or district boards of education and all county or district school board superintendents;
(2) All members of state boards, commissions and agencies appointed by the governor; and
(3) Secretaries of departments, commissioners, deputy commissioners, assistant
commissioners, directors, deputy directors, assistant directors, department heads, deputy department
heads and assistant department heads.
A person who is required to file a financial disclosure statement under this section by virtue
of becoming an elected or appointed public official whose office is described in subdivision (1), (2)
or (3) of this subsection, and who assumes the office less than ten days before a filing date
established herein or who assumes the office after the filing date, shall file a financial disclosure
statement for the previous twelve months no later than thirty days after the date on which the person
assumes the duties of the office, unless the person has filed a financial disclosure statement with the
commission during the twelve-month period before he or she assumed office.
(b) A candidate for public office shall file a financial disclosure statement for the previous
calendar year with the state ethics commission no later than ten days after he or she files a certificate
of candidacy, but in all circumstances, not later than ten days prior to the election, unless he or she has filed a financial disclosure statement with the state ethics commission during the previous
calendar year.
The ethics commission shall file a duplicate copy of the financial disclosure statement
required in this section in the following offices within ten days of the receipt of the candidate's
statement of disclosure:
(1) Municipal candidates in municipalities which have opted, by ordinance, to be covered by
the disclosure provisions of this section, in the office of the clerk of the municipality in which the
candidate is seeking office;
(2) Legislative candidates in single county districts and candidates for a county office or
county school board in the office of the clerk of the county commission of the county in which the
candidate is seeking office;
(3) Legislative candidates from multi-county districts and congressional candidates in the
office of the clerk of the county commission of the county of the candidate's residence.
After a ninety-day period following any election, the clerks who receive the financial
disclosure statements of candidates may destroy or dispose of those statements filed by candidates
who were unsuccessful in the election.
(c) No candidate for public office may maintain his or her place on a ballot and no public
official may take the oath of office or enter or continue upon his or her duties or receive
compensation from public funds unless he or she has filed a financial disclosure statement with the
state ethics commission as required by the provisions of this section.
(d) The
state ethics commission may, upon request of any person required to file a financial
disclosure statement, and for good cause shown, extend the deadline for filing such statement for a reasonable period of time:
Provided, That no extension of time shall be granted to a candidate who
has not filed a financial disclosure statement for the preceding filing period.
(e) No person shall fail to file a statement required by this section.
(f) No person shall knowingly file a materially false statement that is required to be filed
under this section.
(g) The ethics commission shall publish either on the internet or by printed document made
available to the public, a list of all persons who have violated any ethics commission's financial
disclosure statement filing deadline.
(h) The ethics commission shall, in addition to making all financial disclosure statements
available for inspection upon request publish on the internet all financial disclosure statements filed
by members of the legislature and candidates for legislative office, elected members of the Executive
Department and candidates for the offices that constitute the Executive Department, and members
of the Supreme Court of Appeals and candidates for the Supreme Court of Appeals, commencing
with those reports filed on or after January 1, 2012. The Commission shall redact financial
disclosure statements published on the internet to exclude from publication personal information
such as signatures, home addresses and mobile and home telephone numbers.
§6B-2-7. Financial disclosure statement; contents.
(a) The financial disclosure statement required under this article shall contain the following
information:
(1) The name, residential and business addresses of the person filing the statement
, and of
his or her spouse and all names under which the person
does or the person's spouse, or both, do
business.
For purposes of this section, the word 'spouse' means any individual who is legally married to and cohabits with the person filing the statement.
(2)
The name and address of each employer of the person For each position of employment
held by the person filing the statements and the person's spouse:
(A) The name of the employer;
(B) The address of the employer;
(C) The job title; and
(D) A general description of job duties.
(3) The name and address of each business in which the person filing the statement
or that
person's spouse has or had in the last year an interest of
at least $10,000 at fair market value.
or five
percent ownership interest, if that interest is valued at more $10,000.
(A) For the purposes of this subsection, business interests include, but are not limited to, an
interest in:
(i) Non-publicly owned businesses;
(ii) Publicly or privately traded stocks, bonds or securities, including those held in
self-directed retirement accounts; and
(iii) Commercial real estate.
(B) For the purposes of this subsection, business interests do not include mutual funds,
specific holdings in mutual funds or retirement accounts.
(4) The name, address, and brief description of a nonprofit organization in which the
individual or spouse is a director or officer.
(4) (5) The identification, by category, of every source of income over $1,000,
including
distributions from retirement accounts received during the preceding calendar year, in his or her own name or by any other person for his or her use or benefit, by the person filing the statement,
or that
person's spouse, and a brief description of the nature of the
services income producing activities for
which the income was received. This subdivision does not require a person filing the statement who
derives income from a business, profession or occupation,
or who's spouse derives income from a
business, profession or occupation, to disclose the individual sources and items of income that
constitute the gross income of that business, profession or occupation.
nor does this subdivision
require a person filing the statement to report the source or amount of income derived by his or her
spouse.
(5) (6) If the person
filing the statement, or that person's spouse, profited or benefitted in the
year
prior to before the date of filing from a contract for the sale of goods or services to a state,
county, municipal or other local governmental agency either directly or through a partnership,
corporation or association in which the person,
or that person's spouse, owned or controlled more
than ten percent, the person shall describe the nature of the goods or services and identify the
governmental agencies which purchased the goods or services.
(6) (7) Each interest group or category listed below doing business in this state with which
the person filing the statement, did business or furnished services and from which the person
filing
the statement, or that person's spouse, received more than twenty percent of his or her gross income
during the preceding calendar year. The groups or categories are electric utilities, gas utilities,
telephone utilities, water utilities, cable television companies, interstate transportation companies,
intrastate transportation companies, oil or gas retail,
companies, wholesale, exploration, production
or drilling companies, banks, savings and loan associations, loan or finance companies,
manufacturing companies, surface mining companies, deep mining companies, mining equipment companies, chemical companies, insurance companies, retail companies, beer, wine or liquor
companies or distributors, recreation related companies, timbering companies, hospitals or other
health care providers, trade associations, professional associations, associations of public employees
or public officials, counties, cities or towns, labor organizations, waste disposal companies,
wholesale companies, groups or associations promoting gaming or lotteries, advertising companies,
media companies, race tracks,
and promotional companies,
lobbying, economic development
entities, state government, construction, information technology and legal service providers.
(7)(8) The names of all persons, excluding that person's immediate family, parents or
grandparents residing or transacting business in the state to whom the person filing the statement,
owes, on the date of execution of this statement in the aggregate in his or her own name or in the
name of any other person more than $5,000:
Provided, That nothing herein
shall require requires
the disclosure of a mortgage on the person's primary and secondary residences or of automobile
loans on automobiles maintained for the use of the person's immediate family, or of a student loan,
nor
shall does this section require the disclosure of debts which result from the ordinary conduct of
the person's business, profession or occupation or of debts of the person filing the statement to any
financial institution, credit card company or business, in which the person has an ownership interest:
Provided, however, That the previous proviso
shall does not exclude from disclosure loans obtained
pursuant to the linked deposit program provided
for in article one-a, chapter twelve of this code or
any other loan or debt incurred which requires approval of the state or any of its political
subdivisions.
(8)(9) The names of all persons except immediate family members, parents and grandparents
residing or transacting business in the state (other than a demand or savings account in a bank, savings and loan association, credit union or building and loan association or other similar
depository) who owes on the date of execution of this statement more
than, in the aggregate,
than
$5,000 to the person filing the statement, either in his or her own name or to any other person for his
or her use or benefit. This subdivision does not require the disclosure of debts owed to the person
filing the statement which debts result from the ordinary conduct of the person's business, profession
or occupation or of loans made by the person filing the statement to any business in which the person
has an ownership interest.
(9)(10) The source of each gift, including those described in subdivision (2), subsection (c),
section five of this article, having a value of over $100, received from a person having a direct and
immediate interest in a governmental activity over which the person filing the statement has control,
shall be reported by the person filing the statement when
such the gift is given to
said that person in
his or her name or for his or her use or benefit during the preceding calendar year:
Provided, That
effective from passage of the amendments to this section enacted during the First Extraordinary
Session of the Legislature in two thousand five any person filing a statement required to be filed
pursuant to this section
on or after the first day of January, two thousand five is not required to report
those gifts described in subdivision (2), subsection (c), section five of this article that are otherwise
required to be reported
by a registered lobbyist under section four, article three of this chapter:
Provided, however, That gifts received by will or by virtue of the laws of descent and distribution,
or received from one's spouse, child, grandchild, parents or grandparents, or received by way of
distribution from an inter vivos or testamentary trust established by the spouse or child, grandchild
or by an ancestor of the person filing the statement are not required to be reported. As used in this
subdivision, any series or plurality of gifts which exceeds in the aggregate the sum of $100 from the same source or donor, either directly or indirectly, and in the same calendar year
shall be are
regarded as a single gift in excess of that aggregate amount.
(11) The name of each for-profit business of which the person filing the statement, or that
person's spouse, serves as a member of the board of directors or an officer, as well as a general
description of the type of business.
(12) The name and business address of any child or step-child who is eighteen years or older
and employed by state, county or municipal government.
(10) (13) The signature of the person filing the statement.
(b) Not withstanding the provisions of subsection (a) of this section, any person serving on
a board, commission or agency for which no compensation, other than expense reimbursement, is
statutorily authorized, is not required to disclose the financial information relating to his or her
spouse as required by subdivisions three or five of subsection (a) of this section if:
(1) his or her spouse, or a business with which he or she is associated, are not regulated by,
do not have a contract with, or do not receive any grants or appropriations from, the board, the
commission or agency on which the person filing the statement serves. A business with which a
filer's spouse is associated means a business in which the person or an immediate family member
is a director, officer, owner, employee, compensated agent, or holder of stock which constitutes five
percent or more of the total outstanding stocks of any class; and,
(2) the filer executes a signed statement on a form provided by the commission verifying
these facts.
ARTICLE 3. LOBBYISTS.
§6B-3-2. Registration of lobbyists.
(a) Before engaging in any lobbying activity, or within thirty days after being employed as
a lobbyist, whichever occurs first, a lobbyist shall register with the Ethics Commission by filing a
lobbyist registration statement. The registration statement shall contain information and be in a form
prescribed by the Ethics Commission by legislative rule, including, but not limited to, the following
information:
(1) The registrant's name, business address, telephone numbers and any temporary residential
and business addresses and telephone numbers used or to be used by the registrant while lobbying
during a legislative session;
(2) The name, address and occupation or business of the registrant's employer;
(3) A statement as to whether the registrant is employed or retained by his or her employer
solely as a lobbyist or is a regular employee performing services for the employer which include, but
are not limited to, lobbying;
(4) A statement as to whether the registrant is employed or retained by his or her employer
under any agreement, arrangement or understanding according to which the registrant's
compensation, or any portion of the registrant's compensation, is or will be contingent upon the
success of his or her lobbying activity;
(5) The general subject or subjects, if known, on which the registrant will lobby or employ
some other person to lobby in a manner which requires registration under this article; and
(6) An appended written authorization from each of the lobbyist's employers confirming the
lobbyist's employment and the subjects on which the employer is to be represented.
(b) Any lobbyist who receives or is to receive compensation from more than one person for
services as a lobbyist shall file a separate notice of representation with respect to each person compensating him or her for services performed as a lobbyist. When a lobbyist whose fee for
lobbying with respect to the same subject is to be paid or contributed by more than one person, then
the lobbyist may file a single statement, in which he or she shall detail the name, business address
and occupation of each person paying or contributing to the fee.
(c) Whenever a change, modification or termination of the lobbyist's employment occurs,
the lobbyist shall, within one week of the change, modification or termination, furnish full
information regarding the change, modification or termination by filing with the Commission an
amended registration statement.
(d) Each lobbyist who has registered shall file a new registration statement, revised as
appropriate, on the Monday preceding the second Wednesday in January of each odd-numbered year
and failure to do so terminates his or her authorization to lobby. Until the registration is renewed,
the person may not engage in lobbying activities unless he or she is otherwise exempt under
paragraph (B), subdivision (7), section one of this article.
(e) No member of the Legislature, member of the Executive Department as referenced in
article VII, section one of the Constitution of West Virginia, any secretary of an executive branch
department created by the provisions of section two, article one, chapter five-f of this code, nor any
person employed by a member of the Executive Department or a secretary of an executive branch
department in the capacities of chief of staff, deputy chief of staff or general counsel or any person
serving in the same capacity for the presiding officers of the West Virginia Senate or House of
Delegates may register as a lobbyist for a period of one year after the termination of his or her public
service or public employment. Provided, That the provisions of this subsection shall apply only to
persons holding such positions on or after the first day of January, 2012."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2464 - "A Bill to amend and reenact §6B-2-6 and §6B-2-7 of the Code
of West Virginia, 1931, as amended, and to amend and reenact §6B-3-2 of said code, all relating to
the Ethics Act generally; requiring public servants and spouses to disclose additional information
on financial disclosure statements including, with limited exceptions, certain spousal information;
defining a spouse; directing the ethics commission to publish and make available to the public notice
of delinquent filing of financial statements; providing that the ethics commission publish financial
statement in certain circumstances and clarifying existing requirements; prohibiting certain public
employees and public servants from registering as a lobbyist during and for a year following state
government employment; and exempting current officeholders from one year lobbying prohibition."
On motion of Delegate Boggs, the House of Delegates 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. 3145, Providing a one-time bonus to certain annuitants of the Public
Employees Retirement System and the State Teachers Retirement System.
The Speaker referred the bill to the Committee on Finance.
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. 82 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §16-43-1 and §16-43-2, all relating to findings and
purposes; and to a child's right to nurse, location permitted and protected right"; which was referred
to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 231 - "A Bill to amend and reenact §21-3C-10a of the Code of West
Virginia, 1931, as amended, relating to elevator workers' licensure exemptions"; which was referred
to the Committee on Government Organization.
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. 242 - "A Bill to amend and reenact §11-13A-5a of the Code of West
Virginia, 1931, as amended, relating to dedicating five percent of coal severance tax to the county
of origin; providing for a five-year phase-in at one percent per year; providing permissible uses for
the moneys; providing for Development Office to administer distribution of moneys; directing
Development Office to promulgate rules for manner of distribution; and establishing County
Severance Revenue Fund"; which was referred to the Committee on Finance.
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. 268 - "A Bill to repeal §17B-3-3c of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §17B-3-14, relating
to motor vehicle driver's licenses; establishing a driver's license restoration program; making
legislative findings; charging administrative fees; and granting rule-making authority"; which was
referred to the Committee on Roads and Transportation then Finance.
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. 277 -"A Bill to amend and reenact §11-1C-9 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §11-3-1 of said code, all relating to limiting
the amount a property reappraisal can increase over the previous amount; and clarifying the
limitation does not apply to natural resources property"; which was referred to the Committee on
Finance.
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
S. B. 285 - "A Bill to amend and reenact §16-5W-5 of the Code of West Virginia, 1931, as
amended, relating to extending the time frame in which West Virginia practitioners must write
prescriptions on official West Virginia tamper-resistant prescription paper"; which was referred to
the Committee on Health and Human Resources then the Judiciary.
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. 307 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5,
§51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11, §51-1B-12, §51-1B-13 and
§51-1B-14, all relating to authorizing a new court to be known as the Intermediate Court of Appeals;
requiring the court to be operational by January 1, 2013; establishing northern and southern districts;
providing three judges for each district; establishing qualifications for judges; establishing
jurisdiction of the court; providing that all appeals will be reviewed and a written decision on the
merits issued; providing that all appeals will be filed with Supreme Court of Appeals; providing that
Supreme Court will either keep the appeal or send it to the Intermediate Court; providing that
appeals in certain administrative cases are discretionary; authorizing appeals from Intermediate Court
to the Supreme Court; authorizing Governor to make initial appointments by July 1, 2012; creating
staggered terms; providing for elections for ten-year terms after initial appointments; authorizing a
Chief Judge of the Intermediate Court; authorizing staff for the court and the judges; providing for
compensation and expenses of judges and staff; providing for temporary assignment of circuit court
judges; providing that the Supreme Court will govern the pleading, practice and procedure of the
Intermediate Court through rules; authorizing the Supreme Court to provide the facilities, furniture,
fixtures and equipment for the Intermediate Court; providing for electronic filing of all documents
with the Intermediate Court; and providing that the budget of the Intermediate Court will be part of
the Supreme Court budget"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 373 - "A Bill to amend and reenact §18-9D-15 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§18-9D-19a, all relating to comprehensive middle schools; allowing, upon application by a county
board of education, the School Building Authority to allocate and expend certain moneys for school
major improvement projects for vocational programs at comprehensive middle schools; providing
legislative findings; defining 'comprehensive middle school'; defining 'middle or junior high
school'; requiring the authority, when planning the construction of a middle or junior high school,
to provide funding for a comprehensive middle school that includes comprehensive career technical
education facilities to be located, when feasible, on the same site as the middle or junior high school
under certain conditions; requiring the authority, upon application of a county board to construct
comprehensive career technical education facilities that would allow an existing middle or junior
high school to become a comprehensive middle school, to provide technical assistance to the county
in developing a plan for construction of the comprehensive career technical education facility; and
requiring, upon development of the plan, the authority to consider funding based on certain criteria";
which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 391 - "A Bill to amend and reenact §3-3-2a and §3-3-3 of the Code of West Virginia, 1931, as amended, all relating to early in-person voting; authorizing community
voting locations; removing the requirement that chairpersons of executive committees approve
community voting locations; requiring community voting locations to be open a minimum of five
days; requiring community voting locations to be politically balanced or counter balanced by another
location; requiring security of election equipment and materials; requiring the publication of
community voting locations; providing for appeal of community voting locations to circuit court;
reducing the voting period for early in-person voting to thirteen days; and eliminating the
requirement that an election be on a Tuesday in order to have Saturday early voting"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 410 - "A Bill to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3,
§11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §11-6D-9, all relating
to extending the alternative-fuel motor vehicle tax credit; making additional legislative findings;
providing for tax credits for qualified alternative-fuel vehicles and refueling infrastructure;
establishing the amount of credit available; establishing the period of time the credit is available;
eliminating the requirement for the credit to be taken over a three-year period; eliminating some
definitions and defining other terms; requiring the Tax Commissioner to promulgate new rules; and
allowing for the carryover and recapture of the tax credit"; which was referred to the Committee on
Roads and Transportation then Finance.
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. 424 - "A Bill to amend and reenact §22-6-1 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22-6A-
1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-6A-8, §22-6A-9, §22-6A-
10, §22-6A-11, §22-6A-12, §22-6A-13, §22-6A-14, §22-6A-15 and §22-6A-16; to amend and
reenact §22C-8-2 of said code; and to amend and reenact §22C-9-2 of said code, all relating
generally to oil and gas and oil and gas wells; defining certain new terms and amending existing
definitions of certain terms; creating Natural Gas Horizontal Well Control Act; providing short title;
making legislative findings and declarations of public policy; providing for application of new act;
defining terms used in said act; specifying powers and duties of Secretary of Department of
Environmental Protection; incorporating by reference certain sections of existing code relating to oil
and gas wells; requiring horizontal well permits; requiring application for permit; specifying content
of application and required attachments; requiring posting of bond and payment of permit fees;
permitting waiver of certain requirements under specified circumstances and for issuance of
emergency permits; providing for suspension and reinstatement of permits; providing for appeals of
certain actions of Secretary of Department of Environmental Protection; imposing criminal penalties
for violation of permit requirements; providing for review of permit applications and for issuance
of permits; specifying operator performance standards; providing for copies of permits to be
furnished to county assessors; requiring certificate of approval for large impoundment construction;
requiring application for certificate; specifying content of application and required attachments and payment of fees; providing for revocation or suspension of certificates; requiring hearing before
certificate of approval is amended, suspended or revoked without consent of operator; providing for
administrative appeals; providing exceptions for certain farm ponds; authorizing Secretary of
Department of Environmental Protection to propose legislative rules for consideration by
Legislature; imposing civil money penalties; providing for permit revocation and bond forfeiture;
requiring notice to property owners when application for well permit is made or application for
certificate of approval of impoundment is filed and providing property owners with certain rights;
providing for plugging and abandonment of horizontal wells; requiring promulgation of certain
legislative rules; specifying reclamation requirements; requiring performance bonds; providing
presumptions and rebuttals in water rights civil actions; imposing civil and criminal penalties for
certain offenses; specifying prospective application of act; and excluding for one year the issuance
of permits for horizontal drilling in Karst Formations in Greenbrier and Monroe counties."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 424) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 426 - A Bill to amend and reenact §52-1-9 of the Code of West Virginia, 1931, as
amended, relating to requiring a judge's permission before a juror's information can be released";
which was referred to the Committee on the Judiciary.
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. 430 - "A Bill to amend and reenact §61-11-25 of the Code of West
Virginia, 1931, as amended, relating to filing a civil petition for expungement of records relating to
an arrest or charges relating to the arrest when found not guilty of the offense or charges have been
dismissed; and providing that no filing fees or costs be charged for processing the action"; which was
referred to the Committee on the Judiciary.
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
S. B. 436 - "A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as
amended, relating to continuing the personal income tax adjustment to the gross income of certain
retirees receiving pensions from defined pension plans that terminated and are being paid a reduced
maximum benefit guarantee"; which was referred to the Committee on Finance.
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. 447- "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto two new sections, designated §18-8-2a and §18-8-12, all relating to improving
school attendance generally; requiring county school superintendents or their designees to request
and obtain an investigation by the Department of Health and Human Resources of the household of
a student with five or more unexcused absences; authorizing prosecuting attorneys to request and obtain attendance of child protective services workers or youth services workers at hearings and
meetings related to prosecution of violation of school attendance laws; requiring appointment of a
truancy and dropout prevention team in every county; requiring representatives of certain entities be
included on team; requiring development and adoption of truancy and dropout prevention plan; and
setting forth minimum items to be included in the plan"; which was referred to the Committee on
Education then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 484 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4, §18B-
1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8 and §18B-1E-9, all relating to management agreements
of the higher education policy commission, authorizing creation of certain corporations; authorizing
policy commission to enter into certain agreements and contractual arrangements; terms and
conditions; legislative findings, purpose and intent; providing certain definitions; setting forth
essential criteria for certain corporations; specifying corporation membership, organization and
financial requirements; providing for appointment of executive director; specifying qualifications;
requiring annual audit of corporation operations; clarifying issues of conflicts of interest; prohibiting
waiver of sovereign immunity; clarifying issues of debt obligations; requiring memorandum of
agreement on research collaboration and cooperation; specifying parties to agreement and setting
forth certain conditions; specifying certain deadlines; and requiring reports in certain instances";
which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 492 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-27-38, relating to health care provider taxes;
maximizing federal funding for the state Medicaid program; increasing the health care provider tax
imposed on gross receipts of providers of certain eligible acute care hospitals contingent upon federal
approval of a Medicaid state plan amendment; providing for the collection and administration of the
increased health care provider tax on certain eligible acute care hospitals; and providing effective
date and expiration date"; which was referred to the Committee on Finance.
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. 499 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §20-3C-1, §20-3C-2, §20-3C-3, §20-3C-4 and §20-3C-5,
all relating to zipline and canopy tour regulation; establishing legislative purpose; defining terms;
setting forth duties of zipline and canopy tour operators; requiring liability insurance; setting forth
record-keeping requirements; establishing responsibilities of participants; providing for assumption
of risks; setting forth prohibited acts; and defining liability of zipline and canopy tour operators";
which was referred to the Committee on the Judiciary.
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. 532 - "A Bill to amend and reenact §9-7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-
5, §9-7-6 and §9-7-8 of the Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto three new sections, designated §9-7-3a, §9-7-5a and §9-7-6a, all relating to the
Department of Health and Human Resources; fraud and abuse in the Medicaid program; powers and
duties of the Medicaid Fraud Control Unit; definitions under said article; investigation procedures
for the Medicaid Fraud Control Unit; Medicaid Fraud Unit lawyers assisting prosecutors in Medicaid
crimes; Medicaid crimes and criminal penalties; venue for crimes committed against Medicaid;
limiting the liability of employees of the Department of Health and Human Resources; and other
remedies and criminal penalties"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 544 - "A Bill to amend and reenact §8-22-16 and §8-22-20 of the Code
of West Virginia, 1931, as amended; to amend and reenact §8-22A-28 of said code; and to amend
and reenact §33-3-14d of said code, all relating to municipal policemen's and firemen's pension and
relief funds and Municipal Police Officers and Fire Fighters Retirement System; providing additional
method for municipalities to finance policemen's and firemen's pension and relief funds; authorizing
Municipal Pensions Oversight Board to contract for actuarial services; clarifying disclosures required
in actuarial reports; extending time to elect Social Security benefits; and reallocating certain
premium tax funds for three years to municipal policemen's and firemen's pension and relief funds
and volunteer and part-volunteer fire companies"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 550 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §19-23-12d; to amend and reenact §29-22A-6,
§29-22A-10 and §29-22A-10c of said code; and to amend and reenact §29-25-19 and §29-25-22 of
said code, all relating generally to gaming at licensed racetracks and historic resort hotels; allowing
simulcast pari-mutuel racing located at historic resort hotels; defining terms; permitting the issuing
of licenses; providing for payments; setting forth conditions for out-of-state tracks and interstate
pools; registering of persons conducting wagering activities; setting forth the licensee's retainage;
setting forth the amounts of payments made by a licensee and to whom they are to be paid; requiring
compliance with federal law; authorizing rulemaking; exempting pari-mutuel wagering and
equipment from state sales taxes; permitting licensees at racetracks and historic resort hotels to
establish minimum and maximum wager limits at video lottery terminals; authorizing the use of
video lottery terminal bill acceptors for all United States currency; reducing the required life for
capital investments by licensees at racetracks to be reimbursed from the Capital Investment Fund;
extending the time for recoupment of expenditures for capital improvements; requiring historic resort
hotels to pay a portion of certain proceeds into the Human Resources Fund; creating a Licensed
Racetrack and Historic Resort Hotel Facility Modernization Fund; requiring a certain portion of a
licensed racetrack's gross terminal income to be deposited into that new fund; and defining terms";
which was referred to the Committee on the Judiciary then Finance.
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. 553 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §12-4-14a, relating to creating a workers' compensation
insurance subsidy program for volunteer fire departments; defining terms; establishing a special
program within the Auditor's Office; granting authority to the Auditor to administer the program;
designating a funding formula for distribution of moneys allocated; granting rule-making authority
to administer this section; and requiring report to the Legislature"; which was referred to the
Committee on the Judiciary then Finance.
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. 556 - "A Bill to amend and reenact §22C-1-6 of the Code of West
Virginia, 1931, as amended, relating to authorizing the appointment of certain individuals to carry
out the business of the Water Development Authority; authorizing the Water Development Authority
to fix the compensation of those certain employees; and requiring the Water Development Authority
to employ all other employees pursuant to the state civil service system"; which was referred to the
Committee on Government Organization then Finance.
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. 560 -"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29B-20a, relating to the rate-setting model utilized
by the board being exempt from public disclosure; and providing when the options generated by the
computer program are available to the public"; which was referred to the Committee on the
Judiciary.
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
S. B. 565 - "A Bill to amend and reenact §61-11A-2 and §61-11A-6 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §62-12-23 of said code, all relating to adding
persons who resided with crime victims to those who are provided notice of matters in the
prosecutorial process and the right to be heard at sentencing and parole proceedings"; which was
referred to the Committee on the Judiciary.
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. 569 - "A Bill to amend and reenact §36B-1-203 of the Code of West
Virginia, 1931, as amended, relating to increasing the maximum homeowners' associations' fees for
the exception for small and limited expense liability planned communities"; which was referred to
the Committee on Government Organization then the Judiciary.
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. 570 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5, §29-
29-6, §29-29-7 and §29-29-8, all relating to creating an exemption from licensing for nonprofit youth
volunteers; exempting certain volunteers for nonprofit youth organizations from licensing,
certification and permitting; stating purpose; defining terms; exempting certain medical service
professionals; exempting certain law-enforcement officers; exempting certain emergency medical
service professionals; stating duties of the nonprofit youth organization; providing for the revocation
of permits; defining liability of the volunteers and the nonprofit youth organizations; and declaring
the sections of said article severable"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 581 - "A Bill to amend and reenact §3-3-3 of the Code of West Virginia, 1931, as
amended, relating to reducing the days for early voting in person; and allowing Saturday early voting
in all elections"; which was referred to the Committee on the Judiciary.
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
S. B. 608 -"A Bill to amend and reenact §17A-2-13 of the Code of West Virginia, 1931, as
amended; to amend and reenact §17A-3-4 of said code; to amend and reenact §17A-4-1 and §17A-4-
10 of said code; to amend and reenact §17A-4A-10 of said code; to amend and reenact §17A-10-3,
§17A-10-10 and §17A-10-11 of said code; to amend and reenact §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code; and to amend and reenact §17D-2-2 of said code,
all relating to increasing fees; increasing the fee for vehicle records and the certified record fee;
increasing the registration fee for Class A motor vehicles; increasing the fee for the issuance and
duplication of various documents by the division including titles, registrations, plates and decals;
increasing the fee for issuance, duplication and renewal of a driver's license; requiring the payment
of the fee for each attempt at the written and road skills test; and increasing the fee for driving
records"; which was referred to the Committee on Finance.
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
S. B. 611 - "A Bill to amend and reenact §17-16A-29 of the Code of West Virginia, 1931,
as amended, relating to extending the discount for West Virginia EZ Pass transponders to all other
toll roads; and requiring an annual public informational session in the affected counties"; which was
referred to the Committee on Finance.
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
S. B. 612 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §18-5A-3a; and to amend and reenact §18-5B-10 of said code, all relating
to exempting certain schools and school districts from certain statutory provisions pursuant to certain
statutory approval processes and recommendation by the Legislative Oversight Commission on
Education Accountability"; which was referred to the Committee on Education then the Judiciary.A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 613 - "A Bill to repeal §3-3-3a of the Code of West Virginia, 1931, as
amended; to amend and reenact §3-1-9, §3-1-21, §3-1-31, §3-1-34, §3-1-35 and §3-1-50 of said
code; to amend and reenact §3-3-1, §3-3-2, §3-3-2b, §3-3-3, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b and
§3-3-6 of said code; to amend and reenact §3-5-7,§3-5-13a, §3-5-21, §3-5-23 and §3-5-24 of said
code; to amend and reenact §3-6-4a of said code; to amend and reenact §3-8-1a and §3-8-5a of said
code; to amend and reenact §3-9-6 of said code; to amend and reenact §8-5-14 of said code; and to
amend and reenact §59-3-3 of said code, all relating to the state election code; eliminating obsolete
and outdated language; reducing the days for early voting in person from twenty to thirteen; allowing
Saturday early voting in all elections; clarifying that candidates must be a member of political party
for sixty days prior to filing; clarifying the authority for persons to lawfully assist voters; bringing
state law into compliance with federal requirements; clarifying persons eligible to receive absentee
ballots; providing that independent and unaffiliated voters may receive party ballots if party allows
participation in the primary; requiring all health-related information provided in connection with
absentee voting is protected under the Health Insurance Portability and Accountability Act of 1996;
waiving certain witness requirements if ballot provided electronically; clarifying current municipal
election polling hours of operation; authorizing absentee ballot applications may be completed by
handwriting or typing; clarifying procedures for federal postcard registration and absentee ballot
requests; providing for federal write-in absentee ballots; revising ballot requirements relating to
independent voters; providing that county clerk will submit ballot information to the Secretary of State after random drawing for ballot position; providing that offices filled by voters of more than
one county must file certificate of announcement with the Secretary of State; providing certificates
of announcement of every office to be submitted no later than the forty-ninth day before the election;
providing definitions; clarifying persons who may be present during election; and clarifying
penalties"; which was referred to the Committee on Finance.
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
S. B. 614 - "A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as
amended, relating to permitting specific law-enforcement officials who are members of federally
affiliated drug task forces access to certain confidential pharmaceutical information to identify
unusual prescription drug behavior; requiring the State Board of Pharmacy to issue periodic reports
to certain law-enforcement officials, licensing authorities and prescribers that identify abnormal
prescription practices; establishing an advisory committee to recommend the parameters of abnormal
prescribing patterns and to recommend other actions that could reduce the amount of misuse of
prescription drugs; establishing a felony offense for misusing information from the controlled
substance database; requiring the Board of Pharmacy to implement a real-time database when
available and when resources permit; requiring a report to the Legislative Oversight Commission on
Health and Human Resource Accountability; and granting rule-making authority"; which was
referred to the Committee on Health and Human Resources then the Judiciary.
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
S. B. 616 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as
amended; to amend and reenact §5-16D-1, §5-16D-2 and §5-16D-6 of said code; to amend and
reenact §11-10-5d of said code; and to amend and reenact §18-9A-24 of said code, all relating to
other post-employment benefits generally; prohibiting Public Employees Insurance Agency Finance
Board from including in the financial plans any subsidy for the cost of coverage for retired
employees who were hired on or after July 1, 2010; capping the amount the finance board may
include in the financial plans as subsidy for the cost of coverage for retired employees who were
hired before July 1, 2010, at $160 million; escalating the funding; converting to a per member, per
month equivalent; requiring the identification of a funding source; defining 'contractually required
contribution'; authorizing the finance board to set minimum annual required contribution below
annual required contribution; specifying that each participating government entity is required to remit
annual contractual obligation; authorizing the Tax Commissioner to disclose certain return
information to the Public Employees Insurance Agency to determine total income for premium
calculation; specifying that the foundation allowance for Public Employees Insurance Fund shall be
paid directly to the West Virginia Retiree Health Benefit Trust Fund and each county board shall
reflect its share of the payment as revenue on its financial statements to offset the applicable portion
of its annual contractually required contribution expense; and providing that any amount of annual
contractually required contribution allocated to and billed county boards of education for certain
employees is a liability of the state until fully paid"; which was referred to the Committee on
Finance.
Resolutions Introduced
Delegates Fleischauer, Marshall, Barill, Longstreth, Manypenny, Manchin, Pethtel, Caputo
and Pasdon offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 122 - "Requesting the Division of Highways to name bridge number 31-119/39-0.12
crossing over Deckers Creek in Morgantown, Monongalia County, the 'John W. Pyles Bridge'."
Whereas, John W. Pyles has devoted fifty-three years of his life in service to Monongalia
County and the community of Morgantown; and
Whereas, John W. Pyles, as an elected representative of the West Virginia House of
Delegates, worked tirelessly to better the quality of life in Monongalia County and Morgantown; and
Whereas, John W. Pyles served as the leader of the Democratic Party and Assessor of
Monongalia County and then was elected as a member of the County Commission; and
Whereas, John W. Pyles volunteered his time and talents serving in many capacities on
Morgantown and Monongalia County Boards and Committees such as the United Way of
Monongalia and Preston Counties, Monongalia County Development Authority, Metropolitan
Foundation Board, Morgantown Convention and Visitors Bureau, Main Street Morgantown,
Monongalia County Historical Landmarks Committee and the Greater Morgantown Community
Trust; and
Whereas, John W. Pyles was a founder of the Morgantown Celebration of America
Committee to observe the birth of our great nation on July 4
th, with special recognition of veterans
and other community members who worked faithfully in service to America; and
Whereas, John W. Pyles proposed and obtained funding for the Veterans Plaza at the
Monongalia County Court House Square that recognizes veterans of all wars; and
Whereas, John W. Pyles spearheaded the renaming of South University Avenue in
Morgantown as Don Knotts Boulevard and is currently working to place a statue of Don Knotts on
the Boulevard; and
Whereas, John W. Pyles, in 1998, worked with Governor Cecil Underwood to gain state
funding to replace the South High Street Bridge when it fell into complete disrepair; and
Whereas, It is fitting to honor John W. Pyles for his commitment, dedication and public
service to Morgantown, Monongalia County and the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 31-119/39-0.12
crossing over Deckers Creek in Morgantown, Monongalia County, the "John W. Pyles Bridge"; and,
be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "John W. Pyles Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation and John W. Pyles.
Special Calendar
Second Reading
Com. Sub. for S. B. 60, Authorizing probation officers' supervision of sex offenders pending
availability of multijudicial officer; on second reading, coming up in regular order, was read a second
time and ordered to third reading.
Com. Sub. for S. B. 61, Relating generally to juvenile drug courts; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 216, Modifying definition "imminent danger to physical well-being of
a child"; 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 seven, section three, line one hundred twenty-nine, by
striking out subdivision (H) and inserting in lieu thereof, the following:
"(H) The parent, guardian or custodian's abuse of alcohol, or drugs or other controlled
substance as defined in section one-hundred one, article one, chapter sixty-a of this code, has
impaired his or her parenting skills to a degree as to pose an imminent risk to a child's health or
safety.
"
The bill was then ordered to third reading.
Com. Sub. for S. B. 256, Requiring sex offenders verify e-mail and online identities; 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 two, section ten, line fifteen, by striking out the word "one-a"
and inserting in lieu thereof, the word "two".
The bill was then ordered to third reading.
S. B. 358, Authorizing electronic registration of wildlife; on second reading, coming up in
regular order, was read a second time and ordered to third reading.
S. B. 392, Changing definition of "accredited thoroughbred horse"; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
S. B. 486, Creating WVU-Tech Revitalization Project; on second reading, coming up in
regular order, was read a second time.
On motion of Delegate White, the bill was amended on page one, by striking out everything
after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1E. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY
REVITALIZATION PROJECT.
§18B-1E-1. Definitions.
When used in this article the following words have the meanings ascribed to them unless the
context clearly indicates a different meaning:
(a) 'Center of excellence' means an academic program or group of programs located within
a particular state institution, division or branch campus that is addressed in the institution's compact
and recognized by the institution, its governing board, administrators, faculty and staff as having
gained a significant degree of regional or national acclaim for high quality and public service.
(b) 'Chancellor' means the chief executive officer employed by the commission.
(c) 'Governing board' means the board of governors for West Virginia University established
pursuant to section one, article two-a of this chapter.
(d) 'LOCEA' means the Legislative Oversight Commission on Education Accountability
established pursuant to section eleven, article three-a, chapter twenty-nine-a of this code.
(e) 'Revitalization plan' means the implementation process developed pursuant to section
three of this article.
(f) 'Revitalization project' means the entire process undertaken to further the goals of this
article including the research, study, revitalization plan development and implementation designed
to assist WVU-Tech to reach its full potential as a center of excellence and positive force for
economic development and cultural enrichment in the state.
(g) 'STEM' mean areas of study in science, technology, engineering and mathematics.
(h) 'WV-CURE' means the task force created pursuant to section three, article one-c of this
chapter.
(i) 'WV-CURE report' means the findings and recommendations contained in the final
document submitted to the Legislature pursuant to section three, article one-c of this chapter.
(j) 'WVU-Tech' means West Virginia University Institute of Technology, a division of West
Virginia University.
§18B-1E-2. Legislative purpose, findings and intent.
(a) The purpose of this article is to focus attention on West Virginia University Institute of
Technology to honor the institution's history of excellence and service to the region and the state,
to identify its unique role and contributions to higher education and to create and implement the
revitalization plan that not only will be used to assist this institution to reach its full potential of
service to the citizens of West Virginia, but also may serve as a model that can be replicated at other
state institutions of higher education.
(b) Findings.--
(1) WVU-Tech has a distinguished history of more than a hundred years of service, growth
and change, but, in addition to the positive advancements, the institution also has dealt with internal
conflict and external controversy initiated by multiple changes in policy direction, governance
structure and mission. It was founded in 1895 as a preparatory school of West Virginia University
and since that time, has functioned as a trade school, a junior college, a free-standing baccalaureate
institution and a regional campus of West Virginia University. In 2007, it became a fully-integrated
division of West Virginia University.
(2) The many changes of name, mission, governance structure and affiliation, together with
its location in the heart of the southern coal fields, assure the institution a unique place in the state
system of higher education. The institution continues to provide vital education opportunities to the
mostly-rural population which comprise its primary service clientele.
(3) Both its traditional strength and its unique opportunity for future growth and service lie
in its focus on STEM education, particularly in undergraduate engineering and technology, in which
it has been a leader for nearly sixty years.
(4) The student-centered programs, combined with small classes and individualized
instruction, provide undergraduates with opportunities for hands-on research and cooperative work
experiences that usually are available only to graduate students.
(5) The Legislature further finds the following regarding the state system of higher education:
(A) Retention and graduation rates at the state institutions of higher education are a major
source of concern for state policymakers.
(i) The average retention rate for the state system as a whole, calculated from the fall
semester in 2008 to the fall semester of 2009, the most recent period for which data are available,
is seventy-three percent. Twenty-seven students out of every one hundred who were enrolled in a
state institution of higher education in 2008 did not return for the fall semester in 2009.
(ii) On average, of the students who entered four-year state institutions of higher education
as first-time freshmen in 2004, only forty percent had graduated six years later.
(iii) Within these statewide averages there are significant variations among both institutions
and disciplines, particularly in the disciplines emphasizing STEM education. Retention rates range
from a high of eighty-two percent to a low of fifty-five percent. Six-year graduation rates fall between a high of fifty-nine percent and a low of fifteen percent.
(B) According to the WV-CURE report submitted by WV-CURE in 2008, West Virginia
faces many of the same challenges in preparing and recruiting STEM professionals as the rest of the
country, but in addition has unique challenges related to its population demographics and geography.
(C) Due to its unique history and geographical location, WVU-Tech provides the ideal
laboratory in which to develop a successful model to address these challenges through the
revitalization plan created pursuant to section three of this article.
(c) Legislative intent. --
(1) It is the intent of the Legislature in establishing the revitalization project to encourage
WVU-Tech to build upon its tradition of high-quality, student-centered STEM education, to assist
the institution to reach its full potential as a center of excellence and a positive force for economic
development and cultural enrichment within the community and state, to implement certain
recommendations from the WV-CURE report and to create a successful policy model that state
decision makers may employ in other areas where state institutions of higher education struggle to
overcome similar problems. The revitalization project shall serve as a laboratory in which to identify
problems, research solutions and implement those programs and procedures that best meet the intent
of this article.
(2) It is further the intent of the Legislature to promote institutional stability at WVU-Tech
by keeping the governance structure of the institution unchanged until the report required in section
four of this article is received in 2014. Throughout the WVU-Tech revitalization process, the
governing board retains statutory control of the institution. Except for authority otherwise granted
by statute, this article extends the commission's authority only to those items identified in the revitalization plan and funded by legislative appropriation therefor.
§18B-1E-3. Revitalization Project and Plan; Plan approval required.
(a) There is hereby created the Revitalization Project for WVU-Tech under the direction of
the commission. The project includes a study and development of a revitalization plan designed to
meet the goals and intent of this article.
(b) On the effective date of this section, the commission shall initiate a study and draw upon
the expertise of groups both internal and external to West Virginia to take advantage of the services
of national organizations specializing in institutional renewal. The commission shall bear the costs
of the study. (c) The study shall include, but is not limited to, the following thematic areas:
(1) Exploring new academic programs that meet emerging industry needs in West Virginia;
(2) Developing distance education and adult-targeted degree and programmatic offerings,
with particular attention to avoiding costly program duplication;
(3) Examining marketing and recruiting strategies at the institution;
(4) Reviewing nonacademic programs and auxiliary operations, focused upon efficiencies
and strategic development;
(5) Reviewing fiscal and operating procedures, emphasizing initiatives through which the
institution can reduce annual operating costs and maximize all available revenues;
(6) Evaluating all institutionally-affiliated groups, including the alumni association, the
WVU-Tech Foundation and all other institutionally-affiliated organizations which are exempt from
taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, stressing
revitalization of these entities; and
(7) Reviewing and assessing the capital infrastructure of the institution.
(d) The study also shall include consideration of the following recommendations drawn from
the WV-CURE report:
(1) Creating and maintaining a forum for meaningful interaction between and among the K-
12 and professional communities to define better the needs of the STEM stakeholders at each level
of the education and early career process. The forum may help to ensure smoother transitions for
students at each step and thereby increase student retention and graduation rates. A cooperative
approach with the public schools in the institution's service area may serve as means to increase
students' interest and familiarize them with the STEM programs WVU-Tech offers;
(2) Preparing students for the future by enhancing student design/capstone experiences to
include undergraduate research at an earlier point in the baccalaureate curriculum thereby expanding
the focus on opportunities for advanced studies and providing students with enhanced critical
thinking and learning skills to adapt to an environment of rapidly changing technologies;
(3) Stimulating interest of young people in training and careers in engineering and related
disciplines by involving the professional and business communities in a more visible and engaged
manner;
(4) Diversifying the types of students who pursue STEM education and careers by developing
strategic initiatives focused on recruiting and retaining traditionally under-represented groups;
(5) Pursuing the goals set forth in section three, article one-c of this chapter to increase West
Virginia's capacity for high quality engineering instruction and research; increase access to high
quality instruction and research opportunities in STEM disciplines; and stimulate economic
development by increasing the number of professional engineers available to business and industry;
(6) Exploring opportunities for collaborations between institutions to increase the access to high quality programs while reducing the overall expenditure per student in high cost disciplines;
and
(7) Developing more electronic classrooms, online programs, and other technology-driven
teaching/learning facilities in order to pool resources among the engineering institutions, reach
students who are place-bound or who live in rural areas distant from the institution's campus and
avoid expensive program duplication.
(e) Based upon the research and findings of the study, the Chancellor shall coordinate the
development of a revitalization plan to implement the purpose and intent of this article. The
revitalization plan shall serve to guide the distribution of all funds appropriated by the Legislature
and targeted to the Revitalization Project. The revitalization plan shall include, but is not limited
to, the following elements:
(1) Providing clear and guiding recommendations for the revitalization of WVU-Tech;
(2) Recommending a process for establishing WVU-Tech as a center of excellence in STEM
education with particular emphasis on undergraduate engineering and technology, areas in which the
institution has earned a high degree of regional and national recognition for excellence. The purpose
of the center of excellence is to enable the institution to concentrate its resources on providing state-
of-the-art post-secondary education opportunities in a limited number of areas in which the
institution excels. The center of excellence approach promotes effective teaching and learning
through education, training, research and information dissemination. All parties involved in
identifying and developing the center of excellence bring to the partnership their special expertise
of strategic importance to the program and, ultimately, to the citizens of West Virginia;
(3) Benchmarks in the following areas:
(A) Enrollment;
(B) Retention and graduation;
(C) Capital improvements and building renovations/demolitions;
(D) Athletics, auxiliaries, and other nonacademic units;
(E) Fundraising and alumni development;
(F) Academic restructure and program development;
(G) Marketing and outreach;
(H) Remedial and developmental education;
(I) Innovative academic initiatives that can be piloted at WVU-Tech with the opportunity for
diffusion across the systems of higher education;
(J) Transfer and articulation partnerships with other institutions in the state systems of higher
education; and
(K) Grants, contracts, and externally sponsored research; and
(4) A process whereby WVU-Tech may request and receive moneys from the pool of
appropriated funds.
(f) The findings, conclusions and recommendations of the study, together with the
revitalization plan for implementation, shall be reported to the commission and the governing board
by September 1, 2011. The revitalization plan shall be delivered to LOCEA no later than September
1, 2011, and LOCEA shall consider the proposed plan and approve or disapprove by September 30,
2011.
§18B-1E-4. Plan implementation; legislative intent; oversight; reporting.
(a)
The legislative findings set forth in section two of this article demonstrate the unique historical role that WVU-Tech has played as a vital component of the state's higher education
system. In order for the institution to move forward and realize its full potential, its future must be
supported by a financial commitment from the state. Therefore, as funds are available, it is the intent
of the Legislature to make appropriations to the commission to support the revitalization project at
WVU-Tech.
(b) Appropriated funds may be expended under the direction of the Chancellor for the
purposes set forth in this article and in the revitalization plan approved by LOCEA.
(c) The purposes for which the moneys may be used include, but are not limited to,
development costs for new programs, student outreach initiatives, demolition of certain facilities,
and renovation of campus infrastructure or other items designed to support existing students and
attract new students.
(d) By December 1, 2012, and annually thereafter until all appropriated funds have been
expended, the Chancellor shall report to LOCEA on the allocation of funds. Additionally, the
Chancellor shall provide regular updates to LOCEA, as necessary or requested, to keep members
informed of the progress made in implementing the purposes and intent of this article and the
components of the revitalization plan.
(e) By May 1, 2014, the commission and governing board shall provide to LOCEA a detailed
summary of all revitalization project activities undertaken to date. This report also shall include
recommendations for alterations to the revitalization plan and the goals of the revitalization project
and may include recommended options for governance changes including independent status for the
institution."
The bill was then ordered to third reading.
Com. Sub. for S. B. 582, Relating to seals of notaries and commissioners; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
At 11:36 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 4, 2011.