WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FIFTY-EIGHTH DAY
____________
Charleston, W. Va., Thursday, March 6, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ellen File, The Beckley
Center of Burlington United Methodist Family Services, Beckley,
West Virginia, and Associate Pastor, Oak Hill United Methodist
Church, Oak Hill, West Virginia. Talia Markham of Ripley, West
Virginia, then proceeded in the singing of "The Star-Spangled
Banner".
Pending the reading of the Journal of Wednesday, March 5,
2008,
On motion of Senator Prezioso, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
At the request of Senator Chafin, and by unanimous consent,
the provisions of rule number fifty-four of the Rules of the
Senate, relating to persons entitled to the privileges of the
floor, were suspended in order to grant the Honorable Thomas E.
Johnston, U. S. District Judge for the Southern District of West Virginia, Lisa Grimes Johnston, Assistant U. S. Attorney, Burley
Grimes and Jeanette Grimes privileges of the floor for the day.
The Clerk presented a communication from the Family Protection
Services Board, submitting its annual report, in accordance with
chapter forty-eight, article twenty-six, section four hundred one
of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Domestic Violence Fatality Review Team, submitting its annual
report as required by chapter forty-eight, article twenty-seven,
section one of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 13, Relating
to Dental Practice Act generally.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page nine, section six, line twenty, after the word
"practice" by inserting the words "to be completed and filed as an emergency rule no later than the first day of July, two thousand
eight".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 13, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 13) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 88, Creating brownfield
economic development districts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, section six-a, after line twenty-four, by
adding a new subdivision, designated subdivision (5), to read as
follows:
"(5) The applicant shall own or control the property within
the district;";
And renumbering the remaining subdivisions;
On page three, section six-a, line twenty-seven, by striking
out the word "Applicants" and inserting in lieu thereof the words
"An applicant";
On page four, section six-a, line forty-six, by striking out
the words "governing board of" and inserting in lieu thereof the
words "Regional Brownfield Assistance Centers";
On page four, section six-a, line forty-seven, after the word
"in" by inserting the words "section seven,";
On page four, section six-a, line forty-eight, by striking out
the word "three" and inserting in lieu thereof the word "eleven";
And,
On page five, section six-a, line fifty-nine, by striking out
the word "July" and inserting in lieu thereof the word "October".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 88, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 88) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 217, Reducing compliance time for
nonresident traffic violations.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §8-10-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §17B-3-3a of said code be amended
and reenacted; and that §50-3-2a of said code be amended and
reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
§8-10-2a. Payment of fines by credit cards or payment plan;
suspension of driver's license for failure to pay
motor vehicle violation fines or to appear in court.
(a) A municipal court may accept credit cards in payment of
all costs, fines, forfeitures or penalties. A municipal court may
collect a substantial portion of all costs, fines, forfeitures or
penalties at the time such amount is imposed by the court so long
as the court requires the balance to be paid within one hundred
eighty days from the date of judgment and in accordance with a
payment plan which specifies: Provided, That all costs, fines,
forfeitures or penalties imposed by the municipal court upon a
nonresident of this state by judgment entered upon a conviction for
a motor vehicle violation defined in section three-a, article
three, chapter seventeen-b of this code must be paid within eighty
days from the date of judgment. The payment plan shall specify: (1)
The number of additional payments to be made; (2) the dates on
which such payments and amounts shall be made; and (3) amounts due
on such dates.
(b) If costs, fines, forfeitures or penalties imposed by the
municipal court for motor vehicle violations as described defined in section three-a, article three, chapter seventeen-b of this code
are not paid within one hundred eighty days, or if a person who
committed any such violation defaults on a payment plan as
described in within the time limits imposed pursuant to subsection
(a) of this section, or if a person fails to appear or otherwise
respond in court when charged with a motor vehicle violation as
defined in section three-a, article three, chapter seventeen-b of
this code, the municipal court must notify the commissioner of the
division of motor vehicles of such failure to pay or failure to
appear.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-3a. Suspending license for failure to pay fines or
penalties imposed by magistrate court or municipal
court.
(a) The division shall suspend the license of any resident of
this state or the privilege of a nonresident to drive a motor
vehicle in this state upon receiving notice from a magistrate court
or municipal court of this state, pursuant to subsection (b),
section two-a, article three, chapter fifty or subsection (b),
section two-a, article ten, chapter eight of this code, that such
person has defaulted on the payment of costs, fines, forfeitures or
penalties, which were imposed on the person by the magistrate court
or municipal court by judgment entered upon conviction of any motor
vehicle violation or that such person has failed to respond or
appear in court when charged with a motor vehicle violation.
(b) The magistrate court or municipal court shall notify the
division upon a default of payment as follows:
(1) For a resident of this state, after one hundred eighty
days following such conviction the date of judgment upon the
conviction; or
(2) For a nonresident of this state, after eighty days
following the date of judgment upon the conviction. or that such
person has failed to appear in court when charged with a motor
vehicle violation.
(c) For the purposes of this section, section two-a, article
three, chapter fifty and section two-a, article ten, chapter eight,
"motor vehicle violation" shall be defined as any violation
designated in chapter seventeen-a, seventeen-b, seventeen-c,
seventeen-d or seventeen-e of this code, or the violation of any
municipal ordinance relating to the operation of a motor vehicle
for which the violation thereof would result in a fine or penalty:
Provided, That any parking violation or other violation for which
a citation may be issued to an unattended vehicle shall not be
considered a motor vehicle violation for the purposes of this
section, section two-a, article three, chapter fifty or section
two-a, article ten, chapter eight of this code.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2a. Payment by credit card or payment plan; suspension of
licenses for failure to make payments or appear or
respond; restitution; liens.
(a) A magistrate court may accept credit cards in payment of
all costs, fines, fees, forfeitures, restitution or penalties in
accordance with rules promulgated by the supreme court of appeals.
Any charges made by the credit company shall be paid by the person
responsible for paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, a magistrate court may
collect a portion of any costs, fines, fees, forfeitures,
restitution or penalties at the time the amount is imposed by the
court so long as the court requires the balance to be paid in
accordance with a payment plan which specifies: (1) The number of
payments to be made; (2) the dates on which the payments are due;
and (3) the amounts due for each payment. The written agreement
represents the minimum payments and the last date those payments
may be made. The obligor or the obligor's agent may accelerate the
payment schedule at any time by paying any additional portion of
any costs, fines, fees, forfeitures, restitution or penalties.
(c) (1) If any costs, fines, fees, forfeitures, restitution or
penalties imposed by the magistrate court in a criminal case are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the magistrate court
clerk or, upon judgment rendered on appeal, the circuit clerk shall
notify the commissioner of the division of motor vehicles of the
failure to pay: Provided, That in a criminal case in which a
nonresident of this state is convicted of a motor vehicle violation
defined in section three-a, article three, chapter seventeen-b of
this code, the appropriate clerk shall notify the division of motor vehicles of the failure to pay within eighty days from the date of
judgment and expiration of any stay of execution. Upon notice, the
division of motor vehicles shall suspend any privilege the person
defaulting on payment may have to operate a motor vehicle in this
state, including any driver's license issued to the person by the
division of motor vehicles, until all costs, fines, fees,
forfeitures, restitution or penalties are paid in full. The
suspension shall be imposed in accordance with the provisions of
section six, article three, chapter seventeen-b of this code:
Provided, That any person who has had his or her license to operate
a motor vehicle in this state suspended pursuant to this subsection
and his or her failure to pay is based upon inability to pay may,
if he or she is employed on a full or part-time basis, petition to
the circuit court for an order authorizing him or her to operate a
motor vehicle solely for employment purposes. Upon a showing
satisfactory to the court of inability to pay, employment and
compliance with other applicable motor vehicle laws, the court
shall issue an order granting relief.
(2) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a hunting
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the director of the division of natural resources of the failure to pay. Upon notice, the director of the division of natural
resources shall suspend any privilege the person failing to appear
or otherwise respond may have to hunt in this state, including any
hunting license issued to the person by the division of natural
resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a fishing
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the director of the division of natural resources of the failure to
pay. Upon notice, the director of the division of natural
resources shall suspend any privilege the person failing to appear
or otherwise respond may have to fish in this state, including any
fishing license issued to the person by the division of natural
resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.
(d) (1) If a person charged with any criminal violation of
this code fails to appear or otherwise respond in court, the
magistrate court shall notify the commissioner of the division of
motor vehicles thereof within fifteen days of the scheduled date to
appear unless the person sooner appears or otherwise responds in
court to the satisfaction of the magistrate. Upon notice, the division of motor vehicles shall suspend any privilege the person
failing to appear or otherwise respond may have to operate a motor
vehicle in this state, including any driver's license issued to the
person by the division of motor vehicles, until final judgment in
the case and, if a judgment of guilty, until all costs, fines,
fees, forfeitures, restitution or penalties imposed are paid in
full. The suspension shall be imposed in accordance with the
provisions of section six, article three, chapter seventeen-b of
this code.
(2) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any hunting violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
director of the division of natural resources of the failure
thereof within fifteen days of the scheduled date to appear unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon notice, the director of the
division of natural resources shall suspend any privilege the
person failing to appear or otherwise respond may have to hunt in
this state, including any hunting license issued to the person by
the division of natural resources, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any fishing violation
described in chapter twenty of this code fails to appear or otherwise respond in court, the magistrate court shall notify the
director of the division of natural resources of the failure
thereof within fifteen days of the scheduled date to appear unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon notice, the director of the
division of natural resources shall suspend any privilege the
person failing to appear or otherwise respond may have to fish in
this state, including any fishing license issued to the person by
the division of natural resources, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.
(e) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution where appropriate
when rendering judgment.
(f) (1) If all costs, fines, fees, forfeitures, restitution or
penalties imposed by a magistrate court and ordered to be paid are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the clerk of the
magistrate court shall notify the prosecuting attorney of the
county of nonpayment and provide the prosecuting attorney with an
abstract of judgment. The prosecuting attorney shall file the
abstract of judgment in the office of the clerk of the county
commission in the county where the defendant was convicted and in
any county wherein the defendant resides or owns property. The
clerks of the county commissions shall record and index the
abstracts of judgment without charge or fee to the prosecuting attorney and when so recorded, the amount stated to be owing in the
abstract shall constitute a lien against all property of the
defendant.
(2) When all the costs, fines, fees, forfeitures, restitution
or penalties described in subdivision (1) of this subsection for
which an abstract of judgment has been recorded are paid in full,
the clerk of the magistrate court shall notify the prosecuting
attorney of the county of payment and provide the prosecuting
attorney with a release of judgment, prepared in accordance with
the provisions of section one, article twelve, chapter thirty-eight
of this code, for filing and recordation pursuant to the provisions
of this subdivision. Upon receipt from the clerk, the prosecuting
attorney shall file the release of judgment in the office of the
clerk of the county commission in each county where an abstract of
the judgment was recorded. The clerks of the county commissions
shall record and index the release of judgment without charge or
fee to the prosecuting attorney.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 217--A Bill to amend and reenact §8-10-2a
of the Code of West Virginia, 1931, as amended; to amend and
reenact §17B-3-3a of said code; and to amend and reenact §50-3-2a
of said code, all relating to resident and non-resident drivers'
failure to pay costs, fines, forfeitures or penalties imposed upon
conviction of a motor vehicle violation; and reducing the time period for nonresidents to pay costs, fines, forfeitures or
penalties before the court sends notice to the Division of Motor
Vehicles to suspend the nonresident offender's driver's privilege
to drive in this state.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 217, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 217) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 234, Creating Maternal Mortality Review Team.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, section two, line two, by striking out the words
"office of the Chief Medical Examiner" and inserting in lieu
thereof the words "Office of Maternal Child and Family Health";
On page three, section two, line nine, by striking out the
words "Chief Medical Examiner" and inserting in lieu thereof the
words "Director of the Office of Maternal Child and Family Health";
On page three, section two, lines fourteen and fifteen, by
striking out the words "Director of the Office of Maternal Child
and Family Health Program" and inserting in lieu thereof the words
"Chief Medical Examiner";
On page three, section two, line twenty-five, after the word
"the" by inserting the words "West Virginia";
On page three, section two, line twenty-seven, after the word
"the" by striking out the word "State" and inserting in lieu
thereof the words "West Virginia";
On page four, section two, lines twenty-eight and twenty-nine,
by striking out the words "State Osteopathic Association" and
inserting in lieu thereof the words "West Virginia Society of
Osteopathic Medicine";
On page four, section two, line thirty, by striking out the
words "private practice physicians" and inserting in lieu thereof the words "West Virginia Academy of Family Physicians";
On page four, section two, line thirty-two, by striking out
the word "State" and inserting in lieu thereof the word "American";
On page four, section two, line thirty-two, by striking out
the word "Midwifery" and inserting in lieu thereof the word
"Midwives";
On page six, section three, line one, after the word "The" by
inserting the words "Bureau of Public Health in consultation with
the";
On page six, section three, line two, after the word "of" by
inserting the words "article three,";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 234--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §48-25A-1, §48-25A-2 and §48-25A-3, all
relating to the creation of a Maternal Mortality Review Team;
establishing its members and responsibilities; and giving the
Bureau of Public Health rule-making authority for the team.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 234, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 234) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 236, Eliminating obsolete election
language.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 237, Repealing county officers' annual
report requirement of certain expenditures.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 238, Increasing monetary limit to file
circuit court suit.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §50-4-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §51-2-2 of said code be amended
and reenacted, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-8. Removal to circuit court.
At any time before trial in a civil action involving less than
three hundred two thousand five hundred dollars the action may be
removed to circuit court upon the concurrence of all parties and
upon the payment of the circuit court filing fee. At any time
before trial in a civil action involving three hundred two thousand
five hundred dollars or more, any party may, upon payment of the
circuit court filing fee, cause such action to be removed to the
circuit court. All appropriate documents shall then be forwarded
along with such fee to the clerk of the circuit court. The matter
shall then be heard by the circuit court.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-2. Jurisdiction.
(a) The circuit court shall have supervision and control of all proceedings before magistrates, by mandamus, prohibition and
certiorari. They shall except
(b) Except in cases confined exclusively by the constitution
to some other tribunal, the circuit court shall have original and
general jurisdiction of all matters at law where the amount in
controversy, exclusive of excluding interest, exceeds three hundred
two thousand five hundred dollars: Provided, That the
jurisdictional limit on amounts in controversy does not apply to
real estate installment sales contracts. of all cases of habeas
corpus, mandamus, quo warranto and prohibition; of all cases in
equity, including jurisdiction in equity to remove any cloud on the
title to real property, or any part thereof, or any estate, right
or interest therein, and to determine questions of title with
respect thereto, without requiring allegations or proof of actual
possession of the same; and of all crimes and misdemeanors.
(c) The circuit court shall have original and general
jurisdiction in all of the following matters:
(1) Habeas corpus;
(2) Mandamus;
(3) Quo warranto;
(4) Prohibition;
(5) Crimes; and
(6) Misdemeanors.
(d) The circuit court shall have original and general
jurisdiction in all cases in equity, including jurisdiction in
equity to remove any cloud on the title to real property, or any part of a cloud, or any estate, right or interest in the real
property, and to determine questions of title with respect to the
real property without requiring allegations or proof of actual
possession of the real property.
(e) The circuit court They shall have appellate jurisdiction
in all cases, civil and criminal, where an appeal, writ of error or
supersedeas may be allowed to the judgment or proceedings of any
inferior tribunal.
(f) The circuit court They shall also have such shall also
have any other jurisdiction, whether supervisory, original,
appellate or concurrent, as is or may be prescribed by law.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 238--A Bill to amend and reenact §50-4-8
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §51-2-2 of said code, all relating to increasing the
monetary jurisdictional requirement for circuit courts; increasing
the monetary jurisdictional amount for removal of a civil suit from
magistrate court to circuit court; increasing the monetary
jurisdictional amount to file a civil suit in circuit court; and
clarifying original and general jurisdiction of circuit courts.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 238, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 238) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 242, Allowing point
deduction for certain licensees attending defensive driving class.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 263, Updating certain code provisions
relating to Division of Corrections.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page five, section three, after line thirty-seven, by
inserting the following:
Any person employed by the office of public institutions who
on the effective date of this article is a classified civil service
employee shall, within the limits contained in section two, article
six, chapter twenty-nine of this code, remain in the civil service
system as a covered employee.;
On page fourteen, section four, line four, by striking out the
words "same qualifications," and inserting in lieu thereof the
words "minimum qualification of a college degree with a major in
criminal justice or a related field and the";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 263--A Bill to amend and reenact §25-1-3,
§25-1-3b; §25-1-11a and §25-1-11c of the Code of West Virginia,
1931, as amended; and to amend and reenact §25-4-4, of the Code of
West Virginia, 1931, as amended, all relating generally to the
Division of Corrections; updating the statutory list of
correctional facilities over which the commissioner has control;
providing that the commissioner is authorized to contract with the
McDowell County Commission to house and incarcerate inmates at the
Stevens Correctional Center; removing the Commissioner's authority
to serve on the Commission for Distribution of Surplus Food;
providing that when a commissary in a division facility is operated by a vendor, the negotiated commission paid by the vendor is to be
deposited into the facility's inmate benefit fund; clarifying that
wardens and administrators of correctional facilities are subject
to the direction of the commissioner; specifying that all employees
of the Division of Corrections are responsible for enforcing rules
and laws necessary for the control and management of correctional
units; modifying duties of those employees designated as
correctional peace officers; and providing that wardens of centers
for housing young adult offenders have the same powers and duties
as other wardens of correctional facilities.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 263, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Hall--1.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 263) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 271, Establishing grievance procedure for
State Police.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 286, Providing adult and
child protective services workers personal immunity from civil
liability.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page five, section two, line fifty-eight, after the word
"liability" by inserting the words "arising from the operation of
a motor vehicle or";
And,
On page twelve, section nine, line one hundred twenty-one,
after word "liability" by inserting the words "arising from the
operation of a motor vehicle or".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 286, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 286) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 286) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 305, Clarifying procedures
for seizing neglected or abused animals.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 311, Allowing
judges to order jurors from other counties in certain situations.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 311--A Bill
to amend and reenact §52-1-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing judges to order jurors be drawn
from another county or counties in certain cases; providing
contents of court orders directing the summoning of jurors; and
providing that the county for which the jurors served shall
compensate the jurors.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 311, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 311) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 325, Relating to state
employee deferred compensation plan.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On pages two and three, section ten-a, lines fifteen and
sixteen, by striking out the words "for twelve monthly pay periods or twenty-four semimonthly pay periods" and inserting in lieu
thereof the words "every pay period";
On page three, section ten-a, lines twenty-three through
twenty-five, by striking out the words "for twelve monthly pay
periods or twenty-four semimonthly pay periods";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 325--A Bill to amend and
reenact §5-10B-10a of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§5-10B-12a, all relating to the deferred compensation plan for
state employees; and providing the Treasurer with information
needed to operate the state deferred compensation plan.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 325, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 325) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 337, Eliminating obsolete language
concerning Supreme Court clerk.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2008, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 477,
Increasing conservation officers' salaries and length of service.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page eight, section one-c, line eleven, after the word
"Corporal" by inserting "(10+ years)";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 477--A Bill
to amend and reenact §20-7-1a and §20-7-1c of the Code of West
Virginia, 1931, as amended, all relating to compensation of
conservation officers; providing an increase in length of service
and base salaries for conservation officers; providing a hiring
bonus for conservation officers; amending ranks of conservation
officers; and eliminating provisions relating to certain other
compensation.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 477, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 477) passed with its House of
Delegates amended title.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 477) takes effect July 1,
2008.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 501, Transferring Stream
Partners Fund from Division of Natural Resources to Department of
Environmental Protection.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §20-13-3, §20-13-4, §20-13-5 and §20-13-6 of the Code of
West Virginia, 1931, as amended, be amended and reenacted to read
as follows:
ARTICLE 13. WEST VIRGINIA STREAM PARTNERS PROGRAM.
§20-13-3. West Virginia Stream Partners Program created; executive
committee identified; program coordination.
There is hereby created The West Virginia stream partners
program and within the division of natural resources there is
hereby created the West Virginia stream partners program fund.
Subject to annual appropriation of the Legislature into the West
Virginia Stream Partners Program Fund, the program shall be jointly
administered by the Division of Natural Resources, the division
Department of Environmental Protection, the Division of Forestry
and the West Virginia State Soil Conservation Agency. The
director, secretary or commissioner of each of these administering
agencies, or his or her designee, shall collectively constitute an
executive committee to oversee the program. The Governor shall
designate a member of the executive committee to serve as chair.
The committee may designate a staff member from the existing staff
of one of the administering agencies to coordinate the program on
behalf of the executive committee. Pursuant to the provisions of
article ten, chapter four of this code, the stream partners program
and stream partners program fund shall continue to exist until the
first day of July, two thousand six, unless sooner terminated,
continued or reestablished by act of the Legislature..
§20-13-4. Stream partners program.
Money from the general revenue may be annually appropriated
into the West Virginia stream partners program fund. The West
Virginia stream partners program fund shall be used solely to
provide grants to groups comprised of representatives located in
the immediate area of the stream or streams being addressed that
are dedicated to achieving the purpose stated in section two of
this article. The grants shall be awarded by consensus of the
executive committee in accordance with legislative rules
promulgated by the division of environmental protection pursuant to
article three, chapter twenty-nine-a of this code. Each grant
shall be matched by the group of representatives with cash or in-
kind services in, at least, an amount equal to twenty percent of
the grant: Provided, That no grant shall exceed the amount of five
thousand dollars.
§20-13-5. Grant qualifications.
In order to qualify for grants from the West Virginia stream
partners program fund, a group of representatives located in the
immediate area of a stream or streams which qualify under section
two of this article shall apply to the executive committee in
accordance with the following requirements and in accordance with
any other provision of this article or any applicable rule. The
application shall:
(a) Identify the stream or streams to be restored, protected,
utilized or enhanced;
(b) Identify the representatives of groups applying for funds and the financially responsible entity to receive funds, all from
the geographic area immediately surrounding the stream or streams.
These identified individuals shall represent the general public,
industry, environmental groups, sportsmen, forestry, agriculture,
local government, tourism, recreation and affected landowners, all
located in the geographic area immediately surrounding the stream
or streams;
(c) Demonstrate an ability to achieve within the grant year a
specific improvement project that enhances the identified stream or
streams; and
(d) Evidence a commitment to educate the citizens in the area
of the identified stream or streams about the benefits of
restoring, protecting and enhancing the stream or streams in a
responsible manner.
§20-13-6. Administering agency support.
The administering agencies may provide staff and other
resources as necessary to address the technical assistance and
administrative needs of the West Virginia stream partners program
and West Virginia stream partners program fund. This support may
include the utilization of resources and formulation of policies to
achieve the purpose set forth in section two of this article.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 501--A Bill to amend and
reenact §20-13-3, §20-13-4, §20-13-5 and §20-13-6 of the Code of West Virginia, 1931, as amended, relating to the Stream Partners
Program; and eliminating provisions relating to the Stream Partners
Program Fund.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 501, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 501) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 552, Relating to prepaid
wireless calling taxes, fees and charges.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 571, Relating to certain
firefighters' workers' compensation benefits.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following language:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-1. To whom compensation fund disbursed; occupational
pneumoconiosis and other occupational diseases
included in "injury" and "personal injury";
definition of occupational pneumoconiosis and other
occupational diseases;
rebuttable presumption for
cardiovascular injury and disease or pulmonary
disease for firefighters.
(a) Subject to the provisions and limitations elsewhere in
this chapter, the commission workers' compensation benefits shall
disburse be paid the Workers' Compensation Fund, to the employees
of employers subject to this chapter who have received personal
injuries in the course of and resulting from their covered
employment or to the dependents, if any, of the employees in case
death has ensued, according to the provisions hereinafter made; and also for the expenses of the administration of this chapter, as
provided in section two, article one of this chapter: Provided,
That in the case of any employees of the state and its political
subdivisions, including: Counties; municipalities; cities; towns;
any separate corporation or instrumentality established by one or
more counties, cities or towns as permitted by law; any corporation
or instrumentality supported in most part by counties, cities or
towns; any public corporation charged by law with the performance
of a governmental function and whose jurisdiction is coextensive
with one or more counties, cities or towns; any agency or
organization established by the department of mental health for the
provision of community health or mental retardation services and
which is supported, in whole or in part, by state, county or
municipal funds; board, agency, commission, department or spending
unit, including any agency created by rule of the Supreme Court of
Appeals, who have received personal injuries in the course of and
resulting from their covered employment, the employees are
ineligible to receive compensation while the employees are at the
same time and for the same reason drawing sick leave benefits. The
state employees may only use sick leave for nonjob-related absences
consistent with sick leave use and may draw workers' compensation
benefits only where there is a job-related injury. This proviso
shall not apply to permanent benefits: Provided, however, That the
employees may collect sick leave benefits until receiving temporary
total disability benefits. The division of personnel shall
promulgate rules pursuant to article three, chapter twenty-nine-a of this code relating to use of sick leave benefits by employees
receiving personal injuries in the course of and resulting from
covered employment: Provided further, That in the event an
employee is injured in the course of and resulting from covered
employment and the injury results in lost time from work and the
employee for whatever reason uses or obtains sick leave benefits
and subsequently receives temporary total disability benefits for
the same time period, the employee may be restored sick leave time
taken by him or her as a result of the compensable injury by paying
to his or her employer the temporary total disability benefits
received or an amount equal to the temporary total disability
benefits received. The employee shall be restored sick leave time
on a day-for-day basis which corresponds to temporary total
disability benefits paid to the employer: And provided further,
That since the intent of this subsection is to prevent an employee
of the state or any of its political subdivisions from collecting
both temporary total disability benefits and sick leave benefits
for the same time period, nothing in this subsection prevents an
employee of the state or any of its political subdivisions from
electing to receive either sick leave benefits or temporary total
disability benefits but not both.
(b) For the purposes of this chapter, the terms "injury" and
"personal injury" includes occupational pneumoconiosis and any
other occupational disease, as hereinafter defined, and the
commission shall also disburse the workers' compensation fund
workers' compensation benefits shall be paid to the employees of the employers in whose employment the employees have been exposed
to the hazards of occupational pneumoconiosis or other occupational
disease and in this state have contracted occupational
pneumoconiosis or other occupational disease, or have suffered a
perceptible aggravation of an existing pneumoconiosis or other
occupational disease, or to the dependents, if any, of the
employees, in case death has ensued, according to the provisions
hereinafter made: Provided, That compensation shall not be payable
for the disease of occupational pneumoconiosis, or death resulting
from the disease, unless the employee has been exposed to the
hazards of occupational pneumoconiosis in the state of West
Virginia over a continuous period of not less than two years during
the ten years immediately preceding the date of his or her last
exposure to such hazards, or for any five of the fifteen years
immediately preceding the date of his or her last exposure. An
application for benefits on account of occupational pneumoconiosis
shall set forth the name of the employer or employers and the time
worked for each. The commission may allocate to and divide any
charges resulting from such claim among the employers by whom the
claimant was employed for as much as sixty days during the period
of three years immediately preceding the date of last exposure to
the hazards of occupational pneumoconiosis. The allocation shall
be based upon the time and degree of exposure with each employer.
(c) For the purposes of this chapter, disability or death
resulting from occupational pneumoconiosis, as defined in
subsection (d) of this section, shall be treated and compensated as an injury by accident.
(d) Occupational pneumoconiosis is a disease of the lungs
caused by the inhalation of minute particles of dust over a period
of time due to causes and conditions arising out of and in the
course of the employment. The term "occupational pneumoconiosis"
includes, but is not limited to, such diseases as silicosis,
anthracosilicosis, coal worker's pneumoconiosis, commonly known as
black lung or miner's asthma, silico-tuberculosis (silicosis
accompanied by active tuberculosis of the lungs), coal worker's
pneumoconiosis accompanied by active tuberculosis of the lungs,
asbestosis, siderosis, anthrax and any and all other dust diseases
of the lungs and conditions and diseases caused by occupational
pneumoconiosis which are not specifically designated in this
section meeting the definition of occupational pneumoconiosis set
forth in this subsection.
(e) In determining the presence of occupational
pneumoconiosis, X-ray evidence may be considered but shall not be
accorded greater weight than any other type of evidence
demonstrating occupational pneumoconiosis.
(f) For the purposes of this chapter, occupational disease
means a disease incurred in the course of and resulting from
employment. No ordinary disease of life to which the general
public is exposed outside of the employment is compensable except
when it follows as an incident of occupational disease as defined
in this chapter. Except in the case of occupational
pneumoconiosis, a disease shall be considered to have been incurred in the course of or to have resulted from the employment only if it
is apparent to the rational mind, upon consideration of all the
circumstances: (1) That there is a direct causal connection
between the conditions under which work is performed and the
occupational disease; (2) that it can be seen to have followed as
a natural incident of the work as a result of the exposure
occasioned by the nature of the employment; (3) that it can be
fairly traced to the employment as the proximate cause; (4) that it
does not come from a hazard to which workmen would have been
equally exposed outside of the employment; (5) that it is
incidental to the character of the business and not independent of
the relation of employer and employee; and (6) that it appears to
have had its origin in a risk connected with the employment and to
have flowed from that source as a natural consequence, though it
need not have been foreseen or expected before its contraction:
Provided, That compensation shall not be payable for an
occupational disease or death resulting from the disease unless the
employee has been exposed to the hazards of the disease in the
state of West Virginia over a continuous period that is determined
to be sufficient, by rule of the board of managers, for the disease
to have occurred in the course of and resulting from the employee's
employment. An application for benefits on account of an
occupational disease shall set forth the name of the employer or
employers and the time worked for each. The commission may
allocate to and divide any charges resulting from such claim among
the employers by whom the claimant was employed. The allocation shall be based upon the time and degree of exposure with each
employer.
(g) No award shall be made under the provisions of this
chapter for any occupational disease contracted prior to the first
day of July, one thousand nine hundred forty-nine. An employee
shall be considered to have contracted an occupational disease
within the meaning of this subsection if the disease or condition
has developed to such an extent that it can be diagnosed as an
occupational disease.
(h) For purposes of this chapter a rebuttable presumption that
a professional or volunteer firefighter who has developed a
cardiovascular or pulmonary disease or sustained a cardiovascular
injury has received an injury or contracted a disease arising out
of and in the course of his or her employment exists if: (i) The
person has been actively employed by a fire department as a
professional firefighter or as a volunteer firefighter for a
minimum of two years prior to the cardiovascular injury or onset of
a cardiovascular or pulmonary disease or death; and (ii) the injury
or onset of the disease or death occurred within six months of
having participated in firefighting or a training or drill exercise
which actually involved firefighting. When the above conditions
are met, it shall be presumed that sufficient notice of the injury,
disease or death has been given and that the injury, disease or
death was not self inflicted.
(h) (i) Claims for occupational disease as defined in
subsection (f) of this section, except occupational pneumoconiosis for all workers and pulmonary disease and cardiovascular injury and
disease for professional and volunteer firefighters, shall be
processed in like manner as claims for all other personal injuries.
(i) (j) On or before the first day of January, two thousand
four, the Workers' Compensation Commission shall adopt standards
for the evaluation of claimants and the determination of a
claimant's degree of whole-body medical impairment in claims of
carpal tunnel syndrome.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 571--A Bill to amend and
reenact §23-4-1 of the Code of West Virginia, 1931, as amended,
relating to creating a rebuttable presumption that cardiovascular
injury, disease or death or pulmonary disease or death of a
professional or volunteer firefighter is an occupational injury if
certain criteria are met; providing that sufficient notice of
occupational injury, disease or death has been provided under such
circumstances; and establishing presumption that death or injury
was not self inflicted.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for S.
B. No. 571) and requested the House of Delegates to recede
therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 634, Creating Military
Authority Act.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 1I. THE WEST VIRGINIA MILITARY AUTHORITY ACT.
§15-1J-1. Short title.
This article shall be known and may be cited as the "West
Virginia Military Authority Act."
§15-1J-2. Legislative findings.
The Legislature finds that the West Virginia National Guard is
a unique entity that has a dual mission for both West Virginia and
the United States. In this dual capacity, the West Virginia
National Guard receives funds to administer programs, including the
hiring of employees, that the federal government, including the
Department of Defense, provides to the Guard in support of specific
activities for various federal agencies for national security and
homeland security purposes. These programs fulfill specific agency purposes and necessarily require continued funding by the federal
government.
Additionally, the Guard continues to receive federal funding
to develop and maintain capabilities to house, refurbish, rebuild
and maintain military equipment and conduct other test and
operational activities to support national and homeland security
objectives. These activities require the Guard to hire persons who
will be compensated, in whole or in part, with federal funds. It
is further determined and declared that it is necessary for the
Guard to develop and implement a procedure for hiring and
management of nonmilitary employees to support its specific
missions.
§15-1J-3. Definitions.
As used in this article, unless the content clearly indicates
otherwise:
(a) "Authority" means the West Virginia Military Authority.
(b) "BRIM" means the West Virginia Board of Risk Management.
(c) "Guard" means West Virginia National Guard, including its
Army and Air components.
(d) "Employee" means any person who, within the at-will
employment relationship, is hired, performs duties and is paid a
wage or salary which cost is, in whole or in part, reimbursed by
the federal government pursuant to a contract or memorandum of
understanding between the federal government and the Guard.
(e) "PEIA" means Public Employee's Insurance Act.
(f) "PERS" means Public Employee's Retirement System. §15-1J-4. Establishment and general powers of the authority.
(a) The West Virginia Military Authority is hereby established
to administer national security, homeland security and other
military related programs that provide for the reimbursement, in
whole or in part, of employee wages or salaries pursuant to a
contract or memorandum of understanding between the federal
government and the Guard. The authority to administer programs
granted in this subsection shall terminate when federal funds are
no longer available to provide reimbursement of salaries or wages.
(b) The authority will be administered by the Adjutant General
and the Adjutant General's department.
(c) Funds provided by the federal government and any state
funds authorized by appropriation of the Legislature used as a
required match to secure federal funding for programs administered
by the authority pursuant to this section shall be administered by
the Adjutant General subject to the provisions of article eleven,
chapter four of this code.
(d) Except as otherwise prohibited by statute, the authority,
as a governmental instrumentality exercising public powers of the
state, shall have and may exercise all powers necessary or
appropriate to carry out the purpose of this article, including the
authority to:
(1) Execute cooperative agreements between the Guard and the
federal and/or state governments;
(2) Contract on behalf of the Guard with the federal
government, its instrumentalities and agencies, the state, its agencies and instrumentalities, municipalities, foreign
governments, public bodies, private corporations, partnerships,
associations and individuals;
(3) Use funds administered by the Authority pursuant to
subsection (c) of this section for the maintenance, construction or
reconstruction of capital repair and replacement items as necessary
and approved by the authority;
(4) Procure insurance with state funds through BRIM covering
property and other assets of the authority in amounts and from
insurers that BRIM determines necessary;
(5) Hire employees at an appropriate salary equivalent to a
competitive wage rate;
(6) Enroll employees in PERS, PEIA, and workers' compensation
and unemployment programs, or their equivalents: Provided, That
the authority, through the receipt of federal and/or state funds,
pays the required employer contributions;
(7) Cooperate with economic development agencies in efforts to
promote the expansion of industrial, commercial and manufacturing
in the state;
(8) Develop a human resources division that will administer
and manage its employees and receive state matching funds as
necessary to insure maximum federal funds are secured;
(9) Due to the at-will employment relationship with the
authority, its employees may not avail themselves of the state
grievance procedure as set forth in article six-a, chapter
twenty-nine of this code; and
(10) Have the ability to secure all other bonding, insurance
or other liability protections necessary for its employees to
fulfill their duties and responsibilities.
§15-1J-5. Employees.
(a) The authority shall have the power to hire, administer and
manage employees necessary to fulfill its responsibilities.
(1) All employees will be exempt from both the classified
services category and the classified exempt services category as
set forth in section four, article six, chapter twenty-nine of this
code.
(2) Employee positions are contingent on the receipt of the
necessary federal and/or state funds.
(3) Each employee hired shall be deemed an at-will employee
who may be discharged or released from his or her respective
position without cause or reason.
(4) Employees will participate in the PEIA, PERS, and workers'
compensation and unemployment compensation programs, or their
equivalents. Public safety related positions will continue to
require dual status membership as outlined in section twenty-six,
article one-b, chapter fifteen of this code.
(b) The Adjutant General will set appropriate salary rates for
employees equivalent to a competitive wage rate necessary to
support a specific mission.
(c) Security guards and military firefighters hired by the
authority under the provisions of this article, will continue to
have the same authority and must meet the requirements as set forth in section twenty-two, article one-b, chapter fifteen and section
twenty-six, article one-b, chapter fifteen, respectively, of this
code.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 634--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §15-1J-1, §15-1J-2, §15-1J-3, §15-1J-4 and
§15-1J-5, all relating to the West Virginia Military Authority Act;
authorizing the Authority to administer programs and receive funds;
and giving the Authority certain powers and duties.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 634, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 634) passed with its House of Delegates
amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 634) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 19, Requesting Division of
Highways name bridge in Parkersburg, Wood County, "Blennerhassett
Island Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4137, Clarifying that a
municipality and county will be notified by an insurance company when a total loss to a structure occurs.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, to take effect
from passage, of
Eng. Com. Sub. for House Bill No. 4328, Excluding the service
of a poll worker from being considered a prohibited political
activity.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of five from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 4496, Providing
opportunities for members of the Teachers' Defined Contribution
Retirement System ("TDC") to the State Teachers Retirement System
("TRS").
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Boggs, Kominar, Campbell, Spencer and Anderson.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4500, Providing qualified
entities access to the West Virginia Central Abuse Registry.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 3--Requesting the Joint
Committee on Government and Finance to study current trends in
juvenile crime and the impact of "boot camp" and "scared straight"
disciplinary programs in reducing juvenile crime.
Whereas, Juvenile crime remains a serious and ever-
increasingly costly blight on the State that annually takes a heavy
toll in terms of property loss, state resources, physical harm to
innocent victims and loss of human life; and
Whereas, Traditional approaches to the problem of juvenile
crime and delinquency have proved ineffective and inefficient in
terms of cost and effort expended; and
Whereas, The number of juveniles being incarcerated in this
State has increased substantially during the past decade while the
cost of incarceration has dramatically increased as well; and
Whereas, Innovative approaches need to be devised and
implemented to address the ever-increasing and problematic specter
of juvenile crime and juvenile delinquency; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study current trends in juvenile crime and the impact
of "boot camp" and "scared straight" disciplinary programs in
reducing juvenile crime; 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.
Referred to the Committee on the Judiciary; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 15--Requesting the Joint
Committee on Government and Finance to study the state of the
delivery of health care in West Virginia to address: (1) Access to
care; (2) insurance coverage; and (3) a single payor plan.
Whereas, There is a crucial need for access to health care in
this state, which is currently not being met by the state and
federal government, health care providers and insurance programs;
and
Whereas, The coordination of a single payor, state operated
insurance system for health care for every person may be achievable
with the coordination of services through the fifty-five county
health departments, providing insurance coverage through the PEIA
to volunteer health care providers working out of the county health
departments and consolidation of funding sources and economies of
scale in providing health care services; and
Whereas, The health care crisis in West Virginia and the
United States continues as more and more people lose their health
care insurance and rely on the provision of health care in
emergency rooms which results in high costs of professional
liability insurance for physicians, impeding access of other
patients to care by emergency physicians and other specialists such
as surgeons, obstetricians, and neurosurgeons and results in
attrition and an inability to recruit new physicians to West
Virginia; which is compounded by federal law that requires
emergency departments to care for everyone but does not provide for
payment of these mandated services; and
Whereas, It is feasible that the needs of communities could be
met by devising a plan were people could perform a variety of
community services in exchange for extra health care benefits
provided under a single payor plan; and
Whereas, A single payor plan would include all children for
benefits up to the age of sixteen years of age, at which time they
could then volunteer for community service to continue extra health
care coverage under the single payor plan; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the state of the delivery of health care in West
Virginia to address: (1) Access to health care; (2) insurance
coverage; (3) a single payor plan; and (4) inclusion in said single
payor plan through participation in community service; 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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 38--Requesting the Joint
Committee on Government and Finance study historical tourism in
West Virginia and the allocation of funds for historical
preservation.
Whereas, West Virginia has increased tourism and tourism
spending over the past six years; and
Whereas, West Virginia is centrally located to the population
centers in the Eastern United States and is home to many
historically significant locations; and
Whereas, West Virginia can capitalize upon such locations by
increasing awareness in historical tourism; and
Whereas, West Virginia is losing many of her historically
significant locations due to neglect and deterioration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study historical tourism in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance study include historical sites for tourism advertising
grants and any new grant programs to promote, preserve and protect
the historical sites of West Virginia; 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.
Referred to the Committee on Economic Development; and then to
the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4018, Renewing the West
Virginia Small Business Linked Deposit Program.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 3, 2008;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4032, Relating to payment of
wages through a direct deposit system.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4032) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4094, Relating to reimbursement of compensation paid to certain state employees for
job-related training, education or professional development.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2008;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4121, Authorizing the
participation of local governments in a purchasing card program to
be administered by the Auditor.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4121) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4290, Relating to electronic
commerce.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4290) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4637, Relating to the
deployment of broadband to the remaining unserved areas of the
state.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Finance.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4637) was taken up
for immediate consideration, read a first time and ordered to
second reading.
The Senate proceeded to the sixth order of business.
Senators Wells and McCabe offered the following resolution:
Senate Concurrent Resolution No. 83--Requesting the Division
of Highways name bridge number 20-119-13.97 (3232) crossing
Jefferson Road in Kanawha County the "Captain Benjamin D. Tiffner
Memorial Bridge".
Whereas, Benjamin D. Tiffner graduated from the United States
Military Academy as an infantry officer in 2000; and
Whereas, In 2006, Benjamin D. Tiffner earned the coveted
"Green Beret"; and
Whereas, Benjamin D. Tiffner was deployed to Iraq for his
second tour of duty in support of Operation Iraqi Freedom as a
member of the Combined Joint Special Operations Task Force-Arabian
Peninsula; and
Whereas, On November 7, 2007, Benjamin D. Tiffner was killed
in action when his vehicle encountered an IED in the course of
conducting a ground convoy in Baghdad, Iraq; and
Whereas, It is fitting to honor Captain Benjamin D. Tiffner
for making the ultimate sacrifice for his country and name bridge
number 20-119-13.97 (3232) crossing Jefferson Road in Kanawha
County the "Captain Benjamin D. Tiffner Memorial Bridge";
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 20-119-13.97 (3232) crossing Jefferson Road in
Kanawha County the "Captain Benjamin D. Tiffner Memorial 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
"Captain Benjamin D. Tiffner Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of Benjamin D.
Tiffner
At the request of Senator Wells, unanimous consent being
granted, the resolution was taken up for immediate consideration.
Referred to the Committee on Transportation and
Infrastructure.
Senators Foster and McCabe offered the following resolution:
Senate Concurrent Resolution No. 84--Requesting the Division of Highways name bridge number 20-73/3-0.03 crossing Main Campbells
Creek on Route 73/3 in Kanawha County the "Master Sergeant William
L. 'Buster' Hackney Memorial Bridge".
Whereas, William L. Hackney was born December 13, 1927; and
Whereas, William L. Hackney enlisted in the United States Navy
at an early age and then cross-trained and entered the United
States Army; and
Whereas, William L. Hackney served his country in the Korean
War; and
Whereas, William L. Hackney was listed as missing in action as
of September 1, 1950; and
Whereas, It is fitting to honor William L. Hackney for his
service to his country by naming bridge number 20-73/3-0.03
crossing Main Campbells Creek on Route 73/3 in Kanawha County the
"Master Sergeant William L. 'Buster' Hackney Memorial Bridge";
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 20-73/3-0.03 crossing Main Campbells Creek on Route
73/3 in Kanawha County the "Master Sergeant William L. 'Buster'
Hackney Memorial 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
"Master Sergeant William L. 'Buster' Hackney Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of William L.
Hackney.
At the request of Senator Foster, unanimous consent being
granted, the resolution was taken up for immediate consideration.
Referred to the Committee on Transportation and
Infrastructure.
Senators Prezioso, Kessler and McCabe offered the following
resolution:
Senate Concurrent Resolution No. 85--Requesting the Joint
Committee on Government and Finance study small groups with one
employee to determine cost and requirements for insurance coverage.
Whereas, The self-employed and employers with one employee are
having trouble obtaining health insurance at affordable prices; and
Whereas, The self-employed and employers with one employee are
not eligible to obtain coverage through the Affordable Group
Insurance Act, West Virginia Code §33-16F-1, et. seq.; and
Whereas, Federal and state regulations make it difficult for
the self-employed and employers with one employee to obtain
coverage under group plans; and
Whereas, The Legislature recognizes the fragile nature of the
small business market and does not want to take any action that
would adversely affect the small employee groups; and
Whereas, The Affordable Group Insurance Act currently provides
health insurance coverage at a reduced rate for small employees
that do not have coverage; and
Whereas, The small business health plan currently is available
only to employers with between two and fifty employees; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study small groups with one employee to determine cost
and requirements for insurance coverage the requirements regarding
small groups; and, be it
Further Resolved, That the Joint Committee on Government and
Finance should review the Affordable Group Insurance Act and
consult with the current administrator to determine the costs of
amending the plan to allow a sole proprietor or employer with one
employee to participate in the plan; and, be it
Further Resolved, That the Joint Committee on Government and
Finance should consider implementing a pilot program in the
Affordable Group Insurance Act to determine the impact on the
market from adding the self-employed and employers with one
employee and the impact on costs; 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 draft necessary legislation be paid
from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 86--Requesting the Joint
Committee on Government and Finance study consent to health care of
minors by caregivers in the State of West Virginia.
Whereas, Minor children oftentimes reside with a caregiver who
is related by blood, marriage or adoption, but who is not the legal
custodian or guardian of the minor; and
Whereas, Minor children may require medically necessary health
care and treatment at times when their legal custodian or guardian
is not available or present; and
Whereas, At such times when a legal custodian or guardian of
a minor child is not available, and a caregiver is available to
give consent on behalf of a minor to primary and preventive medical
and dental care and diagnostic testing, and other medically
necessary health care and treatment; and
Whereas, A legal custodian or guardian may provide a notarized
affidavit of caregiver consent for a minor's health care without
giving the caregiver legal custody of the minor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study consent to health care of minors by caregivers
in the State of West Virginia; 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.
Which, under the rules, lies over one day.
Senator Jenkins offered the following resolution:
Senate Concurrent Resolution No. 87--Requesting the
Legislative Oversight Commission on Health and Human Resources
Accountability study allowing access to the State Board of Pharmacy
controlled substance database by entities not currently granted
access.
Whereas, The information required to be kept by the State
Board of Pharmacy is confidential and is open to inspection only by
the following persons:
(1) Inspectors and agents of the State Board of Pharmacy;
(2) Members of the West Virginia State Police expressly
authorized by the Superintendent of the West Virginia State Police
to have access to the information;
(3) Authorized agents of local law-enforcement agencies as a
member of a drug task force;
(4) Authorized agents of the Federal Drug Enforcement
Administration;
(5) Duly authorized agents of the Bureau for Medical Services;
(6) The Workers' Compensation Commission;
(7) Duly authorized agents of licensing boards of
practitioners in this state and other states authorized to
prescribe Schedules II, III and IV controlled substances;
(8) Prescribing practitioners and pharmacists; and
(9) Persons with an enforceable court order or regulatory
agency administrative subpoena; and
Whereas, Any information released by the State Board of
Pharmacy from the controlled substance database must be related to
a specific patient or an individual or entity on parole or under
investigation or court-ordered supervision by the party requesting
the information, except that practitioners who prescribe controlled
substances may request specific data related to their Drug
Enforcement Administration controlled substance registration number
or for the purpose of providing treatment to a patient; and
Whereas, The information maintained by the State Board of
Pharmacy may prove valuable to entities who currently do not have
specific and direct access to the data in the performance of their
job functions, specifically law enforcement individuals who are
involved in investigating drug offenses or offenders; and
Whereas, Reaching a balance between access to the data for
valid law enforcement purposes while remaining mindful of the
privacy expectations of those individuals whose data is maintained
on the database is essential; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Health and Human Resources Accountability is hereby requested to study allowing
access to the State Board of Pharmacy controlled substance database
by entities not currently granted access; and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability 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 draft necessary legislation be paid
from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators McCabe, Unger, Kessler and Oliverio offered the
following resolution:
Senate Resolution No. 34--Congratulating Dr. Jo Blackwood on
being selected West Virginia's Mother of the Year, 2008, by
American Mothers, Inc.
Whereas, Dr. Jo Blackwood is a professor at the University of
Charleston; and
Whereas, Dr. Jo Blackwood served as a teacher in Kanawha
County, and was previously named "Kanawha County Teacher of the
Year"; and
Whereas, As a mother, Dr. Jo Blackwood has evoked the same
motto for motherhood as she has proclaimed in pursuit of education,
excellence, enthusiasm and encouragement; and
Whereas, As her children advanced through life's pursuit of
milestones, Dr. Jo Blackwood was always there to encourage; and
Whereas, Dr. Jo Blackwood describes that the best part of
being a mother is that it allowed her to become a grandmother, and
that she is integrally involved in the next generation; therefore,
be it
Resolved by the Senate:
That the Senate hereby congratulates Dr. Jo Blackwood on being
selected West Virginia's Mother of the Year, 2008, by American
Mothers, Inc.; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Dr. Jo Blackwood.
At the request of Senator McCabe, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin offered the following resolution from the
floor:
Senate Concurrent Resolution No. 88--Requesting the Division
of Highways name bridge number 10525 on Route 65/5 in Delbarton,
Mingo County, the "Thomas Elbert Muncy, Jr., Memorial Bridge".
Whereas, Thomas Elbert Muncy, Jr., was a life-long resident of the Puritan Mines community where he worked as a miner for 34
years; and
Whereas, Thomas Elbert Muncy, Jr., was one of the first people
to push for a vital water project in Puritan Mines which greatly
improved the quality of life for all those living in the Puritan
Mines community; and
Whereas, Thomas Elbert Muncy, Jr., was a very community-minded
individual who diligently worked on projects in his neighborhood;
and
Whereas, As a member of the Delbarton Church of God, Thomas
Elbert Muncy, Jr., was always looking to help his fellow man,
especially during the holiday season, and always made sure that the
families in his community were able to eat a delicious holiday
dinner; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 10525 on Route 65/5 in Delbarton, Mingo County, the
"Thomas Elbert Muncy, Jr., Memorial 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
"Thomas Elbert Muncy, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the Mayor and City Council of
Delbarton.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration.
Referred to the Committee on Transportation and
Infrastructure.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Hunter, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Concurrent Resolution No. 89 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance study the economic impact of
the coal industry and its impact on the environment, community and
residents of West Virginia.
Whereas, There is a need for an ongoing study of the future of
the coal industry in West Virginia and its projected impact on the
overall future of the State of West Virginia, with particular
emphasis on the overall economic impact in terms of the state's
revenue in relation to the effects of the coal industry upon the
environment, communities and residents of the coalfields; and
Whereas, The West Virginia Legislature tirelessly seeks to
improve the quality of life for the citizens of the mountain state;
and
Whereas, Coal mining has been, and continues to be, one of the
primary industries responsible for the economic success of West
Virginia and its citizens; and
Whereas, Coal mining, including the practice of mountaintop
mining, currently accounts for the payment of millions of dollars
in severance taxes, millions of dollars in income taxes and
millions of dollars in other related taxes paid to the State of
West Virginia; and
Whereas, Despite the revenues generated as a result of the
industry, of paramount concern is the health and well-being of our
residents and the beauty of the State of West Virginia; and
Whereas, A study to determine the long-term and ongoing
effects of the coal mining industry since the Bragg decision was
handed down is necessary; and
Whereas, On October 20, 1999, a decision was issued from the
United States District Court for the Southern District of West
Virginia in the case of Bragg, et al. v. Robertson, et al.,
concerning stream "buffer zones" and "valley fills"; and
Whereas, Following the Bragg case, additional controls and
oversight on the mine permitting process were instituted in the
state, including that an environmental impact statement be drafted
relating to the ecological effects of the placement of valley fills
in streams incident to the surface mining process; and
Whereas, Currently, the West Virginia Department of
Environmental Protection is conducting a coal slurry injection
study, due to be completed and reported to the Joint Committee on
Government and Finance in April or May 2008, to examine whether or
not there are health risks involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the economic impact of the coal industry and its
impact on the environment, community and residents of West
Virginia; and, be it
Further Resolved, That the study should include the overall
environmental impact and the economic impact of the coal industry
and incorporate the results of the previously authorized Coal
Slurry Injection Study; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby permitted to establish an independent task force
to examine these issues and report its findings to the Joint
Committee on Government and Finance; 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.
And,
Senate Concurrent Resolution No. 90 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance study the effects of the
severance tax as it applies to the natural gas and oil industry.
Whereas, The Legislature strives to simplify and clarify the
tax laws as they apply to various industries; and
Whereas, The Legislature specifically desires to simplify and
make uniform the taxation and clarify the regulation and treatment
of the production, marketing and delivery of natural gas and oil;
and
Whereas, The current severance tax scheme, as it applies to
the oil and gas industry, is a multiform miasma that belies the
intent of the Legislature with regard to taxation of minerals. The
existing tax scheme is complicated, outdated, includes exemptions
that are not uniformly applied and is difficult to monitor for
compliance or enforcement. As a result, there are reported to be
numerous violators who are not paying the severance tax or who are
paying less than required under current law; and
Whereas, Legislation has been introduced proposing that: (1)
all current exemptions and exclusions from severance taxes for the
privilege of severing natural gas or oil be abrogated, including
the existing exemption for low-volume producers (less than one-half
barrels of oil per day or less than 5000 cubic feet of natural gas
per day); and (2) reducing the existing severance tax rate from
five percent to four and one-half percent on all oil and gas
produced; and
Whereas, Certain other issues included in the proposed
legislation, but not acted upon, need further study, such as: the
access by landowners to gas produced within their land; the value
of and compensation for the land and timber utilized by the oil and gas producers; bond requirements; reclamation procedures and
payment for damages, if any; and
Whereas, There is concern that the low-volume producers will
suffer the brunt of the financial impact and will, in many cases,
be unable to continue to operate at a profit; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effects of the severance tax as it applies
to the natural gas and oil industry; 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.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 57, Requesting Joint
Committee on Government and Finance study oil and gas wells.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
Senate Concurrent Resolution No. 71, Requesting Division of
Highways name bridge in Grafton, Taylor County, "Floyd 'Scotty'
Hamilton: First WVU All American Basketball Player Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 72, Requesting Division of
Highways name bridge in Grafton, Taylor County, "Clair Bee:
Basketball Coach and Author Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 76, Requesting Division of
Highways place sign at Fayetteville, Fayette County, "Coolest Small Town".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senator Love regarding the adoption of
Senate Concurrent Resolution No. 76 were ordered printed in the
Appendix to the Journal.
Senate Concurrent Resolution No. 77, Urging Congress declare
December 7th a national holiday.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 78, Requesting Joint
Committee on Government and Finance study impact of Chesapeake Bay
restoration.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources; and then to the Committee on Rules.
Senate Concurrent Resolution No. 79, Requiring Department of Education Superintendent present education improvement plan.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education.
Senate Concurrent Resolution No. 80, Requiring Department of
Health and Human Resources Secretary present service delivery
systems improvement plan.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources.
Senate Concurrent Resolution No. 81, Requesting Senate and
House Finance committees study private providers' reimbursement
rate structures and rate adjustment processes.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
Senate Concurrent Resolution No. 82, Amending Joint Rule No.
5, relating to bill processing.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
House Concurrent Resolution No. 12, Designating Megalonyx
Jeffersonnii as the official state fossil.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and did not prevail.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 17, Requesting the Joint
Committee on Government and Finance to study the recruitment,
retention and value of volunteer firefighters in the State of West
Virginia.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 29, Designating an adaptation
of "West Virginia Shawl" as the Official Tartan of the State of
West Virginia.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 52, Requesting that the Joint
Committee on Government and Finance authorize the study of the
creation of a new retirement system for correctional officers.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 594, Establishing Bill of
Rights and Responsibilities for Students and School Personnel.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Education.
Eng. Com. Sub. for House Bill No. 4079, Relating to
Professional Employer Organizations.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Wednesday, March 5, 2008, for
amendments to be received on third reading, was reported by the
Clerk.
There being no amendments offered,
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4079) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4079) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4082, Relating to the Public
Employees Retirement System.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4082) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4120, Prohibiting inclusion
of specific dollar amounts or figures related to damages in
complaints for personal injury or wrongful death actions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4120) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4304, Revised Anatomical
Gift Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4304) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4344, Relating to the
criminal offense of cruelty to animals.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4344) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4464, Adding more exemptions to the
requirement that a foreign corporation obtain a certificate of
authority before conducting affairs in the state.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4464) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4494, Relating to the
regulation of the practice of accountancy.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4494) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4512, Providing classifications of
licensees to be licensed by the State Fire Marshal to engage in
fire protection work.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4512) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4512) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4570, Authorizing regional
jail employees to carry a firearm after receiving appropriate
certification.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4570) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4570) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4613, Increasing protection
to beneficiaries of structured settlements as they relate to
settlement transfers.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4613) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4613) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 150, Budget bill.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Engrossed Committee Substitute for Senate Bill No. 150 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Wells, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Barnes and Unger--2.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 150) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Barnes and Unger--2.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 150) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 3201, Authorizing the tax commissioner to
refuse, revoke, suspend or refuse to renew a business registration
certificate for a business that is the alter ego, nominee or
instrumentality of a business in certain situations.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3215, Removing the
administrative link between Shepherd University and Blue Ridge
Community and Technical College.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk:
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. 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 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 and through contract with the
baccalaureate institution. The terms of the contract shall be
negotiated between the governing board of the community and
technical college and the governing board of the institution
providing the program. The program shall be evaluated according to the benchmarks and indicators for baccalaureate education developed
by the Commission. If at any time the Commission determines that
the program is making insufficient progress toward meeting the
benchmarks, the community and technical college shall seek to
broker the program from another source.
§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 Council.
(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, fee schedule and services agreements, 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.
On motion of Senator Deem, the following amendments to the
Finance committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 3215) were reported by the Clerk and considered simultaneously:
On page eighty-six, section eight, subsection (d), subdivision
(2), paragraph (J), subparagraph (i), after the words "section
three of this article" by changing the period to a colon and
inserting following proviso: Provided, That notwithstanding any
other part of this code, West Virginia University at Parkersburg
shall maintain the same relationship with West Virginia University
as it enjoyed on January 1, 2008 with the same rights and
benefits.;
And,
On page eighty-seven, section eight, subsection (d),
subdivision (2), paragraph (J), subparagraph (iii), by striking out
all of clause (III).
Following discussion,
The question being on the adoption of Senator Deem's
amendments to the Finance committee amendment to the bill, and on
this question, Senator Deem demanded the yeas and nays.
To which demand, Senator Bailey objected.
Thereafter, Senator Deem's demand for a roll call was
sustained.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Facemyer, Guills, Hall, Helmick, McKenzie, Minard, Sprouse,
Sypolt, Unger, Wells and Yoder--15.
The nays were: Bailey, Bowman, Chafin, Edgell, Fanning,
Foster, Green, Hunter, Jenkins, Kessler, Love, McCabe, Oliverio,
Plymale, Prezioso, Stollings, White and Tomblin (Mr.
President)--18.
Absent: Sharpe--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Deem's amendments
to the Finance committee amendment to the bill (Eng. Com. Sub. for
H. B. No. 3215) rejected.
On motion of Senator Prezioso, the following amendments to the
Finance committee amendment to the bill were next reported by the
Clerk, considered simultaneously, and adopted:
On page eighty-two, section eight, subsection (d), subdivision
(2), paragraph (F), subparagraph (ii), after the words "approved by
the Council" by inserting the words "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";
On page ninety-one, section twelve, subsection (c),
subdivision (9), by striking out the word "Council" and inserting
in lieu thereof the words "the board of governors of the former
sponsoring institution and the board of governors of the community
and technical college";
And,
On page ninety-four, section thirteen, subsection (d), after
the word "plans" by striking out the comma and the words "fee
schedule and service agreements,".
On motion of Senator Plymale, the following amendments to the
Finance committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 3215) were next reported by the Clerk, considered
simultaneously, and adopted:
On page eighty-six, section eight, subsection (d), subdivision
(2), paragraph (J), subparagraph (iii), after the word "section" by
inserting a comma and the words "may implement additional
baccalaureate programs with the approval of the Commission";
On page eighty-seven, section eight, subsection (d),
subdivision (2), paragraph (J), subparagraph (iii), clause (III), by striking out the words "and through contract with the
baccalaureate institution. The terms of the contract shall be
negotiated between the governing board of the community and
technical college and the governing board of the institution
providing the program";
And,
On page eighty-seven, section eight, subsection (d),
subdivision (2), paragraph (J), subparagraph (iii), clause (III),
by striking out the following: If at any time the Commission
determines that the program is making insufficient progress toward
meeting the benchmarks, the community and technical college shall
seek to broker the program from another source.
The question now being on the adoption of the Finance
committee amendment to the bill, as amended, the same was put and
prevailed.
The bill (Eng. Com. Sub. for H. B. No. 3215), as amended, was
then ordered to third reading.
Thereafter, at the request of Senator Sypolt, and by unanimous
consent, the remarks by Senator Deem regarding the adoption of
Senator Deem's amendment to the Finance committee amendment to
Engrossed Committee Substitute for House Bill No. 3215 were ordered
printed in the Appendix to the Journal.
Eng. Com. Sub. for House Bill No. 4010, Removing the
limitation on terms for members on the board of library directors.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4016, Updating meaning of federal adjusted
gross income and certain other terms used in West Virginia Personal
Income Tax Act.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Eng. House Bill No. 4017, Updating meaning of federal taxable
income and certain other terms used in West Virginia Corporation
Net Income Tax Act.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 4036, Granting the board of
Respiratory Care Practitioners rulemaking authority and the
issuance of temporary permits to students.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4078, Relating to the termination of the
Blennerhassett Island Historical State Park Commission.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
B
y 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
.
The bill (Eng. H. B. No. 4078), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. H. B. No. 4078) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4078) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
Eng. House Bill No. 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.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4129, Revising licensing
requirements for professional licensing boards, including
authorizing a special volunteer license for health care
professionals.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-1-18; that §30-3-
10a of said code be amended and reenacted; that said code be
amended by adding thereto a new section, designated §30-3-16a; that
said code be amended by adding thereto two new sections, designated
§30-4-8a and §30-4-10a; that said code be amended by adding thereto
a new section, designated §30-5-10a; that said code be amended by
adding thereto a new section, designated §30-7-6a; that said code
be amended by adding thereto a new section, designated §30-8-5a;
that said code be amended by adding thereto a new section,
designated §30-14A-5; that said code be amended by adding thereto
a new section, designated §30-20-8a; that said code be amended by
adding thereto a new section, designated §30-21-16; and that said
code be amended by adding thereto a new section, designated
§30-28-8a, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO STATE BOARDS.
§30-1-18. Retired, volunteer and inactive status licenses.
(a) Every board referred to in this chapter may propose rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, to establish
licensure criteria and continuing education requirements for
retired, volunteer and inactive licenses.
(b) If a board which establishes licensure criteria as
authorized in this section does not establish specific continuing education requirements, the retired, volunteer or inactive
licensees shall comply with the same continuing education
requirements as established by the respective boards for an active
license.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-10a. Special volunteer medical license; civil immunity for
voluntary services rendered to indigents.
(a) There is hereby established a special volunteer medical
license for physicians retired or retiring from the active practice
of medicine who wish to donate their expertise for the medical care
and treatment of indigent and needy patients in the clinic setting
of clinics organized, in whole or in part, for the delivery of
health care services without charge. The special volunteer medical
license shall be issued by the West Virginia board of medicine to
physicians licensed or otherwise eligible for licensure under this
article and the rules promulgated hereunder without the payment of
any application fee, license fee or renewal fee, shall be issued
for a fiscal year or part thereof, and shall be renewable annually.
The board shall develop application forms for the special license
provided for in this subsection which shall contain the physician's
acknowledgment that: (1) The physician's practice under the
special volunteer medical license will be exclusively and totally
devoted to providing medical care to needy and indigent persons in
West Virginia; (2) the physician will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any medical services rendered under the special volunteer medical license; (3) the physician will
supply any supporting documentation that the board may reasonably
require; and (4) the physician agrees to continue to participate in
continuing medical education as required of physicians in active
practice.
(b)
Any physician who renders any medical service to indigent
and needy patients of a clinic organized, in whole or in part, for
the delivery of health care services without charge under a special
volunteer medical license authorized under subsection (a) of this
section without payment or compensation or the expectation or
promise of payment or compensation is immune from liability for any
civil action arising out of any act or omission resulting from the
rendering of the medical service at the clinic unless the act or
omission was the result of the physician's gross negligence or
willful misconduct. In order for the immunity under this
subsection to apply, there must be a written agreement between the
physician and the clinic pursuant to which the physician will
provide voluntary noncompensated medical services under the control
of the clinic to patients of the clinic before the rendering of any
services by the physician at the clinic: Provided, That any clinic
entering into such written agreement shall be required to maintain
liability coverage of not less than one million dollars per
occurrence.
(c) Notwithstanding the provisions of subsection (a) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge shall not be relieved from imputed liability for the negligent acts of a physician rendering
voluntary medical services at or for the clinic under a special
volunteer medical license authorized under subsection (a) of this
section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section ten of this article and in the
legislative rules promulgated hereunder, except the fee
requirements of subsections (b) and (d) of said section and of the
legislative rule promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer medical license to any physician
whose medical license is or has been subject to any disciplinary
action or to any physician who has surrendered a medical license or
caused such license to lapse, expire and become invalid in lieu of
having a complaint initiated or other action taken against his or
her medical license, or who has elected to place a medical license
in inactive status in lieu of having a complaint initiated or other
action taken against his or her medical license, or who have been
denied a medical license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any physician covered under the provisions of this article shall be
read so as to contain a provision or endorsement whereby the
company issuing such policy waives or agrees not to assert as a
defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy
limits, the immunity from liability of the insured by reason of the
care and treatment of needy and indigent patients by a physician
who holds a special volunteer medical license:
Provided, That this
subsection shall not apply to a terminated policy, terminated
contract of liability insurance or extended reporting endorsement
attached thereto that provides "tail insurance" as defined by
section two, article twenty-d, chapter thirty-three of this code:
Provided further, That nothing within this subsection shall be
construed to extend coverage under a terminated policy or
terminated contract of liability insurance or any extended
reporting endorsement attached thereto to (1) alter or amend the
effective policy period of any policy, contract of liability
insurance or extended reporting endorsement or (2) cover the
treatment of indigent and needy patients by a physician who holds
a special volunteer medical license.
§30-3-16a. Special volunteer physician assistant license; civil
immunity for voluntary services rendered to
indigents.
(a) There is established a special volunteer physician
assistant license for physician assistants retired or retiring from
the active practice of medicine who wish to donate their expertise
for the medical care and treatment of indigent and needy patients
in the clinic setting of clinics organized, in whole or in part,
for the delivery of health care services without charge. The
special volunteer physician assistant license shall be issued by the West Virginia Board of Medicine to physician assistants
licensed or otherwise eligible for licensure under this article and
the legislative rules promulgated hereunder without the payment of
an application fee, license fee or renewal fee, and the initial
license shall be issued for the remainder of the licensing period,
and renewed consistent with the boards other licencing
requirements. The board shall develop application forms for the
special license provided in this subsection which shall contain the
physician assistant's acknowledgment that:
(1) The physician assistant's practice under the special
volunteer physician assistant license will be exclusively devoted
to providing medical care to needy and indigent persons in West
Virginia;
(2) The physician assistant will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any medical services rendered
under the special volunteer physician assistant license;
(3) The physician assistant will supply any supporting
documentation that the board may reasonably require; and
(4) The physician assistant agrees to continue to participate
in continuing education as required by the board for the special
volunteer physician assistant license.
(b) Any physician assistant who renders any medical service to
indigent and needy patients of a clinic organized, in whole or in
part, for the delivery of health care services without charge under
a special volunteer physician assistant license authorized under subsection (a) of this section without payment or compensation or
the expectation or promise of payment or compensation, is immune
from liability for any civil action arising out of any act or
omission resulting from the rendering of the medical service at the
clinic unless the act or omission was the result of the physician
assistant's gross negligence or willful misconduct. In order for
the immunity under this subsection to apply, there must be a
written agreement between the physician assistant and the clinic
pursuant to which the physician assistant will provide voluntary
uncompensated medical services under the control of the clinic to
patients of the clinic before the rendering of any services by the
physician assistant at the clinic: Provided, That any clinic
entering into such written agreement is required to maintain
liability coverage of not less than one million dollars per
occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a physician assistant rendering
voluntary medical services at or for the clinic under a special
volunteer physician assistant license authorized under subsection
(a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section sixteen of this article and in the
legislative rules promulgated thereunder, except the fee requirements of subsection (n) of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer physician assistant license to
any physician assistant whose license is or has been subject to any
disciplinary action or to any physician assistant who has
surrendered a physician assistant license or caused such license to
lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her license, or who
has elected to place a physician assistant license in inactive
status in lieu of having a complaint initiated or other action
taken against his or her license, or who has been denied a
physician assistant license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any physician assistant covered under the provisions of this
article, shall be read so as to contain a provision or endorsement
whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any
beneficiary thereof, to any claim covered by the terms of such
policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent
patients by a physician assistant who holds a special volunteer
physician assistant license.
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-8a. Special volunteer dental license; civil immunity for voluntary services rendered to indigents.
(a) There is established a special volunteer dental license
for dentists retired or retiring from the active practice of
dentistry who wish to donate their expertise for the dental care
and treatment of indigent and needy patients in the clinic setting
of clinics organized, in whole or in part, for the delivery of
health care services without charge. The special volunteer dental
license shall be issued by the West Virginia board of dental
examiners to dentists licensed or otherwise eligible for licensure
under this article and the legislative rules promulgated hereunder
without the payment of a application fee, license fee or renewal
fee, shall be issued for the remainder of the licensing period, and
renewed consistent with the boards other licencing requirements.
The board shall develop application forms for the special license
provided in this subsection which shall contain the dentist's
acknowledgment that:
(1) The dentist's practice under the special volunteer dental
license will be exclusively devoted to providing dental care to
needy and indigent persons in West Virginia;
(2) The dentist will not receive any payment or compensation,
either direct or indirect, or have the expectation of any payment
or compensation, for any dental services rendered under the special
volunteer dental license;
(3) The dentist will supply any supporting documentation that
the board may reasonably require; and
(4) The dentist agrees to continue to participate in continuing dental education as required by the board for a special
volunteer dental license.
(b) Any dentist who renders any dental service to indigent and
needy patients of a clinic organized, in whole or in part, for the
delivery of health care services without charge under a special
volunteer dental license authorized under subsection (a) of this
section without payment or compensation or the expectation or
promise of payment or compensation is immune from liability for any
civil action arising out of any act or omission resulting from the
rendering of the dental service at the clinic unless the act or
omission was the result of the dentist's gross negligence or
willful misconduct. In order for the immunity under this
subsection to apply, there must be a written agreement between the
dentist and the clinic pursuant to which the dentist will provide
voluntary uncompensated dental services under the control of the
clinic to patients of the clinic before the rendering of any
services by the dentist at the clinic: Provided, That any clinic
entering into such written agreement is required to maintain
liability coverage of not less than one million dollars per
occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a dentist rendering voluntary
dental services at or for the clinic under a special volunteer
dental license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section eight of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of subdivision six of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer dental license to any dentist
whose dental license is or has been subject to any disciplinary
action or to any dentist who has surrendered a dental license or
caused such license to lapse, expire and become invalid in lieu of
having a complaint initiated or other action taken against his or
her dental license, or who has elected to place a dental license in
inactive status in lieu of having a complaint initiated or other
action taken against his or her dental license, or who has been
denied a dental license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any dentist covered under the provisions of this article shall be
read so as to contain a provision or endorsement whereby the
company issuing such policy waives or agrees not to assert as a
defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy
limits, the immunity from liability of the insured by reason of the
care and treatment of needy and indigent patients by a dentist who
holds a special volunteer dental license.
§30-4-10a. Special volunteer dental hygienist license; civil
immunity for voluntary services rendered to
indigents.
(a) There is established a special volunteer dental hygienist
license for dental hygienists retired or retiring from the active
practice of dental hygiene who wish to donate their expertise for
the care and treatment of indigent and needy patients in the clinic
setting of clinics organized, in whole or in part, for the delivery
of health care services without charge. The special volunteer
dental hygienist license shall be issued by the West Virginia board
of dental examiners to dental hygienists licensed or otherwise
eligible for licensure under this article and the legislative rules
promulgated hereunder without the payment of an application fee,
license fee or renewal fee, shall be issued for the remainder of
the licensing period, and renewed consistent with the boards other
licencing requirements. The board shall develop application forms
for the special license provided in this subsection which shall
contain the dental hygienist's acknowledgment that:
(1) The dental hygienist's practice under the special
volunteer dental hygienist license will be exclusively devoted to
providing dental hygiene care to needy and indigent persons in West
Virginia;
(2) The dental hygienist will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any dental hygiene services
rendered under the special volunteer dental hygienist license;
(3) The dental hygienist will supply any supporting
documentation that the board may reasonably require; and
(4) The dental hygienist agrees to continue to participate in
continuing professional education as required by the board for the
special volunteer dental hygienist.
(b) Any dental hygienist who renders any dental hygiene
service to indigent and needy patients of a clinic organized, in
whole or in part, for the delivery of health care services without
charge under a special volunteer dental hygienist license
authorized under subsection (a) of this section without payment or
compensation or the expectation or promise of payment or
compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the
dental hygiene service at the clinic unless the act or omission was
the result of the dental hygienist's gross negligence or willful
misconduct. In order for the immunity under this subsection to
apply, there must be a written agreement between the dental
hygienist and the clinic pursuant to which the dental hygienist
will provide voluntary uncompensated dental hygiene services under
the control of the clinic to patients of the clinic before the
rendering of any services by the dental hygienist at the clinic:
Provided, That any clinic entering into such written agreement is
required to maintain liability coverage of not less than one
million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed
liability for the negligent acts of a dental hygienist rendering
voluntary dental hygiene services at or for the clinic under a
special volunteer dental hygienist license authorized under
subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section ten of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of subdivision six of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer dental hygienist license to any
dental hygienist whose license is or has been subject to any
disciplinary action or to any dental hygienist who has surrendered
a license or caused such license to lapse, expire and become
invalid in lieu of having a complaint initiated or other action
taken against his or her dental hygienist license, or who has
elected to place a dental hygienist license in inactive status in
lieu of having a complaint initiated or other action taken against
his or her license, or who has been denied a dental hygienist
license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any dental hygienist covered under the provisions of this article
shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as
a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy
limits, the immunity from liability of the insured by reason of the
care and treatment of needy and indigent patients by a dental
hygienist who holds a special volunteer dental hygienist license.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND
PHARMACIES.
§30-5-10a. Special volunteer pharmacist license; civil immunity
for voluntary services rendered to indigents.
(a) There is established a special volunteer pharmacist
license for pharmacists retired or retiring from the active
practice of pharmaceutical care who wish to donate their expertise
for the pharmaceutical care and treatment of indigent and needy
patients in the clinic setting of clinics organized, in whole or in
part, for the delivery of health care services without charge. The
special volunteer pharmacist license shall be issued by the West
Virginia Board of Pharmacy to pharmacists licensed or otherwise
eligible for licensure under this article and the legislative rules
promulgated hereunder without the payment of an application fee,
license fee or renewal fee, and the initial license shall be issued
for the remainder of the licensing period, and renewed consistent
with the boards other licencing requirements. The board shall
develop application forms for the special license provided in this
subsection which shall contain the pharmacist's acknowledgment
that:
(1) The pharmacist's practice under the special volunteer
pharmacist license will be exclusively devoted to providing
pharmaceutical care to needy and indigent persons in West Virginia;
(2) The pharmacist will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any pharmaceutical services
rendered under the special volunteer pharmacist license;
(3) The pharmacist will supply any supporting documentation
that the board may reasonably require; and
(4) The pharmacist agrees to continue to participate in
continuing professional education as required by the board for the
special volunteer pharmacist license.
(b) Any pharmacist who renders any pharmaceutical service to
indigent and needy patients of a clinic organized, in whole or in
part, for the delivery of health care services without charge under
a special volunteer pharmacist license authorized under subsection
(a) of this section without payment or compensation or the
expectation or promise of payment or compensation is immune from
liability for any civil action arising out of any act or omission
resulting from the rendering of the pharmaceutical service at the
clinic unless the act or omission was the result of the
pharmacist's gross negligence or willful misconduct. In order for
the immunity under this subsection to apply, there must be a
written agreement between the pharmacist and the clinic pursuant to
which the pharmacist will provide voluntary uncompensated
pharmaceutical services under the control of the clinic to patients of the clinic before the rendering of any services by the
pharmacist at the clinic: Provided, That any clinic entering into
such written agreement is required to maintain liability coverage
of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a pharmacist rendering
voluntary pharmaceutical services at or for the clinic under a
special volunteer pharmacist license authorized under subsection
(a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section five of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of subsection (b) of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer pharmacist license to any
pharmacist whose license is or has been subject to any disciplinary
action or to any pharmacist who has surrendered a license or caused
such license to lapse, expire and become invalid in lieu of having
a complaint initiated or other action taken against his or her
license, or who has elected to place a pharmacist license in
inactive status in lieu of having a complaint initiated or other
action taken against his or her license, or who has been denied a pharmacist license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any pharmacist covered under the provisions of this article shall
be read so as to contain a provision or endorsement whereby the
company issuing such policy waives or agrees not to assert as a
defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy
limits, the immunity from liability of the insured by reason of the
care and treatment of needy and indigent patients by a pharmacist
who holds a special volunteer pharmacist license.
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-6a. Special volunteer registered professional nurse license;
civil immunity for voluntary services rendered to
indigents.
(a) There is established a special volunteer license for
registered professional nurses retired or retiring from the active
practice of nursing who wish to donate their expertise for the care
and treatment of indigent and needy patients in the clinic setting
of clinics organized, in whole or in part, for the delivery of
health care services without charge. The special volunteer
registered professional nurse license shall be issued by the West
Virginia board of examiners for registered professional nurses to
registered professional nurses licensed or otherwise eligible for
licensure under this article and the legislative rules promulgated
hereunder without the payment of an application fee, license fee or renewal fee, shall be issued for the remainder of the licensing
period, and renewed consistent with the boards other licencing
requirements. The board shall develop application forms for the
special license provided in this subsection which shall contain the
registered professional nurse's acknowledgment that:
(1) The registered professional nurse's practice under the
special volunteer registered professional nurse license will be
exclusively devoted to providing nursing care to needy and indigent
persons in West Virginia;
(2) The registered professional nurse will not receive any
payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation, for any nursing
services rendered under the special volunteer registered
professional nurse license;
(3) The registered professional nurse will supply any
supporting documentation that the board may reasonably require; and
(4) The registered professional nurse agrees to continue to
participate in continuing education as required by the board for
the special volunteer registered professional nurse license.
(b) Any registered professional nurse who renders nursing
service to indigent and needy patients of a clinic organized, in
whole or in part, for the delivery of health care services without
charge under a special volunteer registered professional nurse
license authorized under subsection (a) of this section without
payment or compensation or the expectation or promise of payment or
compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the
nursing service at the clinic unless the act or omission was the
result of the registered professional nurse's gross negligence or
willful misconduct. In order for the immunity under this
subsection to apply, there must be a written agreement between the
registered professional nurse and the clinic pursuant to which the
registered professional nurse will provide voluntary uncompensated
nursing services under the control of the clinic to patients of the
clinic before the rendering of any services by the registered
professional nurse at the clinic: Provided, That any clinic
entering into such written agreement is required to maintain
liability coverage of not less than one million dollars per
occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a registered professional nurse
rendering voluntary nursing services at or for the clinic under a
special volunteer registered professional nurse license authorized
under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section six of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of that section and of the legislative rules
promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer registered professional nurse
license to any registered professional nurse whose license is or
has been subject to any disciplinary action or to any registered
professional nurse who has surrendered his or her license or caused
such license to lapse, expire and become invalid in lieu of having
a complaint initiated or other action taken against his or her
license, or who has elected to place a registered professional
nurse license in inactive status in lieu of having a complaint
initiated or other action taken against his or her license, or who
has been denied a registered professional nurse license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any registered professional nurse covered under the provisions of
this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or
agrees not to assert as a defense on behalf of the policyholder or
any beneficiary thereof, to any claim covered by the terms of such
policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent
patients by a registered professional nurse who holds a special
volunteer registered professional nurse license.
ARTICLE 8. OPTOMETRISTS.
§30-8-5a. Special volunteer certificate of registration; civil
immunity for voluntary services rendered to
indigents.
(a) There is established a special volunteer certificate of
registration for optometrists retired or retiring from the active
practice of optometry who wish to donate their expertise for the
care and treatment of indigent and needy patients in the clinic
setting of clinics organized, in whole or in part, for the delivery
of health care services without charge. The special volunteer
certificate of registration shall be issued by the West Virginia
board of optometry to optometrists registered or otherwise eligible
for registration under this article and the legislative rules
promulgated hereunder without the payment of an application fee,
license fee or renewal fee, and shall be issued for the remainder
of the licensing period, and renewed consistent with the boards
other licencing requirements. The board shall develop application
forms for the special certificate of registration provided in this
subsection which shall contain the optometrist's acknowledgment
that:
(1) The optometrist's practice under the special volunteer
certificate of registration will be exclusively devoted to
providing optometrical care to needy and indigent persons in West
Virginia;
(2) The optometrist will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any optometrical services rendered
under the special volunteer certificate of registration;
(3) The optometrist will supply any supporting documentation
that the board may reasonably require; and
(4) The optometrist agrees to continue to participate in
continuing education as required by the board for a special
volunteer optometrist license.
(b) Any optometrist who renders any optometrical service to
indigent and needy patients of a clinic organized, in whole or in
part, for the delivery of health care services without charge under
a special volunteer certificate of registration authorized under
subsection (a) of this section without payment or compensation or
the expectation or promise of payment or compensation is immune
from liability for any civil action arising out of any act or
omission resulting from the rendering of the optometrical service
at the clinic unless the act or omission was the result of the
optometrist's gross negligence or willful misconduct. In order for
the immunity under this subsection to apply, there must be a
written agreement between the optometrist and the clinic pursuant
to which the optometrist will provide voluntary uncompensated
optometrical services under the control of the clinic to patients
of the clinic before the rendering of any services by the
optometrist at the clinic: Provided, That any clinic entering into
such written agreement is required to maintain liability coverage
of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of an optometrist rendering
voluntary optometrical services at or for the clinic under a special volunteer certificate of registration authorized under
subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
registration" means the satisfaction of all the requirements for
registration as listed in section five of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of section seven of this article and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer certificate of registration to
any optometrist whose certificate of registration is or has been
subject to any disciplinary action or to any optometrist who has
surrendered a certificate of registration or caused such
registration to lapse, expire and become invalid in lieu of having
a complaint initiated or other action taken against his or her
registration, or who has elected to place a certificate of
registration in inactive status in lieu of having a complaint
initiated or other action taken against his or her registration, or
who has been denied a certificate of registration.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any optometrist covered under the provisions of this article shall
be read so as to contain a provision or endorsement whereby the
company issuing such policy waives or agrees not to assert as a
defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the
care and treatment of needy and indigent patients by an optometrist
who holds a special volunteer certificate of registration.
ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14A-5. Special volunteer osteopathic physician assistant
certification; civil immunity for voluntary
services rendered to indigents.
(a) There is established a special volunteer osteopathic
physician assistant certificate for osteopathic physician
assistants retired or retiring from the active practice of
osteopathy who wish to donate their expertise for the medical care
and treatment of indigent and needy patients in the clinic setting
of clinics organized, in whole or in part, for the delivery of
health care services without charge. The special volunteer
osteopathic physician assistant certificate shall be issued by the
West Virginia Board of Osteopathy to osteopathic physician
assistants certified or otherwise eligible for certification under
this article and the legislative rules promulgated hereunder
without the payment of an application fee, license fee or renewal
fee, shall be issued for and the remainder of the licensing period,
and renewed consistent with the boards other licencing
requirements. The board shall develop application forms for the
special certificate provided in this subsection which shall contain
the osteopathic physician assistant's acknowledgment that:
(1) The osteopathic physician assistant's practice under the
special volunteer osteopathic physician assistant certificate will be exclusively devoted to providing osteopathic care to needy and
indigent persons in West Virginia;
(2) The osteopathic physician assistant will not receive any
payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation, for any osteopathic
services rendered under the special volunteer osteopathic physician
assistant certificate;
(3) The osteopathic physician assistant will supply any
supporting documentation that the board may reasonably require; and
(4) The osteopathic physician assistant agrees to continue to
participate in continuing education as required by the board for a
special volunteer osteopathic physician assistant license.
(b) Any osteopathic physician assistant who renders any
osteopathic service to indigent and needy patients of a clinic
organized, in whole or in part, for the delivery of health care
services without charge under a special volunteer osteopathic
physician assistant certificate authorized under subsection (a) of
this section without payment or compensation or the expectation or
promise of payment or compensation, is immune from liability for
any civil action arising out of any act or omission resulting from
the rendering of the osteopathic service at the clinic unless the
act or omission was the result of the osteopathic physician
assistant's gross negligence or willful misconduct. In order for
the immunity under this subsection to apply, there must be a
written agreement between the osteopathic physician assistant and
the clinic pursuant to which the osteopathic physician assistant will provide voluntary uncompensated medical services under the
control of the clinic to patients of the clinic before the
rendering of any services by the osteopathic physician assistant at
the clinic: Provided, That any clinic entering into such written
agreement is required to maintain liability coverage of not less
than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of an osteopathic physician
assistant rendering voluntary medical services at or for the clinic
under a special volunteer osteopathic physician assistant
certificate authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
certification" means the satisfaction of all the requirements for
certification as listed in section one of this article and in the
legislative rules promulgated thereunder. The term does not
include the fee requirement of section three of this article or of
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer osteopathic physician assistant
certificate to any osteopathic physician assistant whose
certificate is or has been subject to any disciplinary action or to
any osteopathic physician assistant who has surrendered an
osteopathic physician assistant certificate or caused such
certificate to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her
certificate, or who has elected to place an osteopathic physician
assistant certificate in inactive status in lieu of having a
complaint initiated or other action taken against his or her
certificate, or who has been denied an osteopathic physician
assistant certificate.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any osteopathic physician assistant covered under the provisions of
this article, shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or
agrees not to assert as a defense on behalf of the policyholder or
any beneficiary thereof, to any claim covered by the terms of such
policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent
patients by an osteopathic physician assistant who holds a special
volunteer osteopathic physician assistant certificate.
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-8a. Special volunteer physical therapist license, physical
therapist assistant license; civil immunity for
voluntary services rendered to indigents.
(a) There is established a special volunteer license for
physical therapists or physical therapy assistants, as the case may
be, retired or retiring from active practice who wish to donate
their expertise for the care and treatment of indigent and needy
patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The
special volunteer license provided by this section shall be issued
by the West Virginia board of physical therapy to physical
therapists or physical therapist assistants licensed or otherwise
eligible for licensure under this article and the legislative rules
promulgated hereunder without the payment of an application fee,
license fee or renewal fee, and the initial license shall be issued
for the remainder of the licensing period, and renewed consistent
with the boards other licencing requirements. The board shall
develop application forms for the special license provided in this
subsection which shall contain the applicant's acknowledgment that:
(1) The applicant's practice under the special volunteer
license will be exclusively devoted to providing physical therapy
care to needy and indigent persons in West Virginia;
(2) The applicant will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any physical therapy services
rendered under the special volunteer license;
(3) The applicant will supply any supporting documentation
that the board may reasonably require; and
(4) The applicant agrees to continue to participate in
continuing education as required of by the board for a special
volunteer physical therapists or physical therapist assistants
license, as the case may be.
(b) Any physical therapist or physical therapist assistant who
renders any physical therapy service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of
health care services without charge under a special volunteer
license authorized under subsection (a) of this section without
payment or compensation or the expectation or promise of payment or
compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the
physical therapy service at the clinic unless the act or omission
was the result of gross negligence or willful misconduct on the
part of the physical therapist or physical therapist assistant. In
order for the immunity under this subsection to apply, there must
be a written agreement between the physical therapist or physical
therapist assistant and the clinic pursuant to which the physical
therapist or physical therapist assistant will provide voluntary
uncompensated physical therapy services under the control of the
clinic to patients of the clinic before the rendering of any
services by the physical therapist or physical therapist assistant
at the clinic: Provided, That any clinic entering into such
written agreement is required to maintain liability coverage of not
less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a physical therapist or
physical therapist assistant rendering voluntary physical therapy
services at or for the clinic under a special volunteer license
authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure for a physical therapist or physical therapist assistant,
as the case may be, as listed in section six of this article and in
the legislative rules promulgated thereunder, except the fee
requirements of subsection (e) of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer license to any physical
therapist or physical therapist assistant whose license is or has
been subject to any disciplinary action or to any physical
therapist or physical therapist assistant who has surrendered a
license or caused such license to lapse, expire and become invalid
in lieu of having a complaint initiated or other action taken
against his or her license, or who has elected to place a license
in inactive status in lieu of having a complaint initiated or other
action taken against his or her license, or who has been denied a
license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any physical therapist or physical therapist assistant covered
under the provisions of this article shall be read so as to contain
a provision or endorsement whereby the company issuing such policy
waives or agrees not to assert as a defense on behalf of the
policyholder or any beneficiary thereof, to any claim covered by
the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment
of needy and indigent patients by a physical therapist or physical
therapist assistant who holds a special volunteer license.
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§30-21-16. Special volunteer psychologists license; civil
immunity for voluntary services rendered to
indigents.
(a) There is established a special volunteer psychologists
license for psychologists retired or retiring from the active
practice of psychology who wish to donate their expertise for the
psychological care and treatment of indigent and needy patients in
the clinic setting of clinics organized, in whole or in part, for
the delivery of health care services without charge. The special
volunteer psychologist license shall be issued by the West Virginia
Board of Examiners of Psychologists to psychologists licensed or
otherwise eligible for licensure under this article and the
legislative rules promulgated hereunder without the payment of an
application fee, license fee or renewal fee, and the initial
license shall be issued for the remainder of the licensing period,
and renewed consistent with the boards other licencing
requirements. The board shall develop application forms for the
special license provided in this subsection which shall contain the
psychologist's acknowledgment that:
(1) The psychologist's practice under the special volunteer
psychologists license will be exclusively devoted to providing
psychological care to needy and indigent persons in West Virginia;
(2) The psychologist will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any psychological services
rendered under the special volunteer psychological license;
(3) The psychologist will supply any supporting documentation
that the board may reasonably require; and
(4) The psychologist agrees to continue to participate in
continuing education as required by the board for a special
volunteer psychologists license.
(b) Any psychologist who renders any psychological service to
indigent and needy patients of a clinic organized, in whole or in
part, for the delivery of health care services without charge under
a special volunteer psychologist license authorized under
subsection (a) of this section without payment or compensation or
the expectation or promise of payment or compensation, is immune
from liability for any civil action arising out of any act or
omission resulting from the rendering of the psychological service
at the clinic unless the act or omission was the result of the
psychologist's gross negligence or willful misconduct. In order
for the immunity under this subsection to apply, there must be a
written agreement between the psychologist and the clinic pursuant
to which the psychologist will provide voluntary uncompensated
psychological services under the control of the clinic to patients
of the clinic before the rendering of any services by the
psychologists at the clinic: Provided, That any clinic entering
into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a psychologist rendering
voluntary psychological services at or for the clinic under a
special volunteer psychological license authorized under subsection
(a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section seven of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of subsection (d) of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer psychologist license to any
psychologist whose license is or has been subject to any
disciplinary action or to any psychologist who has surrendered a
psychologist license or caused such license to lapse, expire and
become invalid in lieu of having a complaint initiated or other
action taken against his or her license, or who has elected to
place a psychologist license in inactive status in lieu of having
a complaint initiated or other action taken against his or her
license, or who has been denied a psychologist license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to any psychologist covered under the provisions of this article,
shall be read so as to contain a provision or endorsement whereby
the company issuing such policy waives or agrees not to assert as
a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy
limits, the immunity from liability of the insured by reason of the
care and treatment of needy and indigent patients by a psychologist
who holds a special volunteer psychologist license.
ARTICLE 28. WEST VIRGINIA OCCUPATIONAL THERAPY PRACTICE ACT.
§30-28-8a. Special volunteer occupational therapist license; civil
immunity for voluntary services rendered to
indigents.
(a) There is established a special volunteer occupational
therapist license for occupational therapists retired or retiring
from the active practice of occupational therapy who wish to donate
their expertise for the care and treatment of indigent and needy
patients in the clinic setting of clinics organized, in whole or in
part, for the delivery of health care services without charge. The
special volunteer occupational therapist license shall be issued by
the West Virginia board of occupational therapy to occupational
therapists licensed or otherwise eligible for licensure under this
article and the legislative rules promulgated hereunder without the
payment of an application fee, license fee or renewal fee, and the
initial license shall be issued for the remainder of the licensing
period, and renewed consistent with the boards other licencing
requirements. The board shall develop application forms for the special license provided in this subsection which shall contain the
occupational therapist's acknowledgment that:
(1) The occupational therapist's practice under the special
volunteer occupational therapist license will be exclusively
devoted to providing occupational therapy care to needy and
indigent persons in West Virginia;
(2) The occupational therapist will not receive any payment or
compensation, either direct or indirect, or have the expectation of
any payment or compensation, for any occupational therapy services
rendered under the special volunteer occupational therapist
license;
(3) The occupational therapist will supply any supporting
documentation that the board may reasonably require; and
(4) The occupational therapist agrees to continue to
participate in continuing education as required by the board for a
special volunteer occupational therapists license.
(b) Any occupational therapist who renders any occupational
therapy service to indigent and needy patients of a clinic
organized, in whole or in part, for the delivery of health care
services without charge under a special volunteer occupational
therapist license authorized under subsection (a) of this section
without payment or compensation or the expectation or promise of
payment or compensation is immune from liability for any civil
action arising out of any act or omission resulting from the
rendering of the occupational therapy service at the clinic unless
the act or omission was the result of the occupational therapist's gross negligence or willful misconduct. In order for the immunity
under this subsection to apply, there must be a written agreement
between the occupational therapist and the clinic pursuant to which
the occupational therapist will provide voluntary uncompensated
occupational therapy services under the control of the clinic to
patients of the clinic before the rendering of any services by the
occupational therapist at the clinic: Provided, That any clinic
entering into such written agreement is required to maintain
liability coverage of not less than one million dollars per
occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of an occupational therapist
rendering voluntary occupational therapy services at or for the
clinic under a special volunteer occupational therapist license
authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section eight of this article and in the
legislative rules promulgated thereunder, excepting the fee
requirements of subsection (a), section eleven of this article and
of the legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer occupational therapist license
to any occupational therapist whose occupational therapist license is or has been subject to any disciplinary action or to any
occupational therapist who has surrendered an occupational
therapist license or caused such license to lapse, expire and
become invalid in lieu of having a complaint initiated or other
action taken against his or her occupational therapist license, or
who has elected to place an occupational therapist license in
inactive status in lieu of having a complaint initiated or other
action taken against his or her occupational therapist license, or
who has been denied an occupational therapist license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any occupational therapist covered under the provisions of this
article shall be read so as to contain a provision or endorsement
whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any
beneficiary thereof, to any claim covered by the terms of such
policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent
patients by an occupational therapist who holds a special volunteer
occupational therapist license.
The bill (Eng. Com. Sub. for H. B. No. 4129), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4129) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4129) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4129--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §30-1-18; to amend and reenact §30-3-10a of
said code; to amend said code by adding thereto a new section, designated §30-3-16a; to amend said code by adding thereto two new
sections, designated §30-4-8a and §30-4-10a; to amend said code by
adding thereto a new section, designated §30-5-10a; to amend said
code by adding thereto a new section, designated §30-7-6a; to amend
said code by adding thereto a new section, designated §30-8-5a; to
amend said code by adding thereto a new section, designated §30-
14A-5; to amend said code by adding thereto a new section,
designated §30-20-8a; to amend said code by adding thereto a new
section, designated §30-21-16; and to amend said code by adding
thereto a new section, designated §30-28-8a, all relating to the
establishment of special,
retired, volunteer and inactive
licenses
for certain professions and occupations; special volunteer medical
license; exception as to terminated policy with "tail insurance";
no extended coverage for certain circumstances; providing
legislative rulemaking authority to the respective boards to set
licensure criteria and continuing education; providing for special
volunteer licenses for certain health care providers providing
volunteer services; waiving certain licensing fees; and providing
civil immunity for special volunteer licenses for certain health
care providers.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4129) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4139, Relating to licensing
persons using bioptic telescopic devices to operate a motor
vehicle.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page 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.
The bill (Eng. Com. Sub. for H. B. No. 4139), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4139) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4139) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 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 second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
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".
The bill (Eng. Com. Sub. for H. B. No. 4156), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4157, Allowing insurers who
have been suspended from writing new policies to continue to
service existing policies.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, section one, line nine, after the word "effect,"
by inserting the words "and as authorized by the commissioner,".
The bill (Eng. Com. Sub. for H. B. No. 4157), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4157) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4157) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4157) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4337, Authorizing the Board
of Barbers and Cosmetologists to increase fees for one year.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4381, Relating to an
assigned risk plan and guaranty association account for workers'
compensation insurance.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4383, Awarding service
revolver upon retirement to state fire marshal.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
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.
The bill (Eng. Com. Sub. for H. B. No. 4383), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4383) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Barnes--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4383) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 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.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4386, Authorizing
municipalities to create an annual vacant property registration.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
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.
The bill (Eng. Com. Sub. for H. B. No. 4386), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4389, Removing requirement
that resident violators of traffic laws be required to sign
citations.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4394, Restoring the licensure exemption
for certain contractors of manufactured housing installation.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4420, Imposing corporate net
income tax on certain regulated investment companies and real
estate investment trusts used as tax sheltering vehicles.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4636, Making changes to
workers' compensation insurance.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §5A-3-10a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §23-2-1-20; that said code be
amended by adding thereto a new section, designated §23-2-9a; that
§23-2C-3, §23-2C-15 and §23-2C-17 of said code be amended and
reenacted; that §23-4-7b of said code be amended and reenacted; and
that §23-5-1 and §23-5-11 of said code be amended and reenacted,
all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3. PURCHASING DIVISION.
§5A-3-10a. Prohibition for awarding contracts to vendors which
owe a debt to the state or its political subdivisions.
(a) Unless the context clearly requires a different meaning,
for the purposes of this section, the terms:
(1) "Debt" means any assessment, premium, penalty, fine, tax
or other amount of money owed to the state or any of its political
subdivisions because of a judgment, fine, permit violation, license
assessment, amounts owed to the workers' compensation funds as
defined in article two-c, of chapter twenty-three of this code,
penalty or other assessment or surcharge presently delinquent or
due and required to be paid to the state or any of its political
subdivisions, including any interest or additional penalties
accrued thereon.
(2) "Debtor" means any individual, corporation, partnership,
association, limited liability company or any other form or
business association owing a debt to the state or any of its
political subdivisions, and includes any person or entity that is
in employer default.
(3) "Employer default" means having an outstanding balance or
liability to the old fund or to the uninsured employers' fund or
being in policy default, as defined in section two, article two-c,
chapter twenty-three, of this code, failure to maintain mandatory
workers' compensation coverage, or failure to fully meet its
obligations as a workers' compensation self-insured employer. An
employer is not in employer default if it has entered into a
repayment agreement with the Insurance Commissioner and remains in
compliance with the obligations under the repayment agreement.
(3) (4) "Political subdivision" means any county commission;
municipality; county board of education; any instrumentality
established by a county or municipality; any separate corporation
or instrumentality established by one or more counties or
municipalities, as permitted by law; or any public body charged by
law with the performance of a government function and whose
jurisdiction is coextensive with one or more counties or
municipalities.
(4) (5) "Related party" means a party, whether an individual,
corporation, partnership, association, limited liability company or
any other form or business association or other entity whatsoever,
related to any vendor by blood, marriage, ownership or contract
through which the party has a relationship of ownership or other
interest with the vendor so that the party will actually or by
effect receive or control a portion of the benefit, profit or other
consideration from performance of a vendor contract with the party
receiving an amount that meets or exceeds five percent of the total
contract amount.
(b) No contract or renewal of any contract may be awarded by
the state or any of its political subdivisions to any vendor or
prospective vendor when the vendor or prospective vendor or a
related party to the vendor or prospective vendor is a debtor and:
(1) The debt owed is an amount greater than one thousand
dollars in the aggregate; or
(2) The debtor is in employer default.
(c) The prohibition of this section does not apply where a vendor has contested any tax administered pursuant to chapter
eleven of this code, amount owed to the workers' compensation funds
as defined in article two-c, of chapter twenty-three of this code,
permit fee or environmental fee or assessment and the matter has
not become final or where the vendor has entered into a payment
plan or agreement and the vendor is not in default of any of the
provisions of such plan or agreement.
(d) All bids, contract proposals or contracts with the state
or any of its political subdivisions submitted or approved under
the provisions of this code shall include an affidavit that the
vendor, prospective vendor or a related party to the vendor or
prospective vendor is not in employer default and does not owe any
debt in an amount in excess of one thousand dollars or, if a debt
is owed, that the provisions of subsection (c) of this section
apply.
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.
§23-1-20. Employment preference for employees in workers'
compensation litigation unit.
(a) The Legislature finds that, as claims against the workers'
compensation Old Fund continue to decrease, persons currently
employed on a permanent basis by the Attorney General in the
workers' compensation litigation unit may soon face layoffs due to
the decreasing workload. The Legislature hereby declares that such
employees should have certain preferences if they seek continued
employment with the state.
(b) Notwithstanding any provision of this code to the
contrary, any person, not a temporary or probationary employee,
employed by the Attorney General in the workers' compensation
litigation unit who is laid off as a result of a decreased
workload, shall be afforded the opportunity to transfer to other
state employment if he or she is an employee in good standing at
the time of the layoff.
(c) The Attorney General shall establish and maintain, for a
period of two years, a list of all employees who are eligible for
employment due to a layoffs pursuant to this section, and who wish
to remain eligible for employment with the state. The Attorney
General shall give priority to any person on the list for
employment in an available position equivalent to the position that
person held in the workers' compensation litigation unit unless the
Attorney General determines that the person is less qualified than
other applicants for the position.
(d) Notwithstanding any other provision of this code to the
contrary, the Division of Personnel shall maintain, for a period of
two years, a list of employees who were laid off as a result of the
reduction in the work force occasioned by the decreasing work load
of the workers' compensation litigation unit within the office of
the Attorney General. Any such employee shall be given preference
in hiring for any position in classified or exempt service for
which he or she is qualified and applies. The Director of the
Division of Personnel may propose for promulgation, in accordance
with the provisions of article three, chapter twenty-nine-a of this code, a legislative rule to effectuate the requirements of this
section.
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO THIS CHAPTER;
EXTRATERRITORIAL COVERAGE.
§23-2-9a. Sanctions for default by self-insured employers;
rulemaking authority.
Whenever the authority of an employer to self-insure its
obligations under this chapter is terminated and such employer is
thereafter in default in the payment of any portion of surcharges
or assessments required under this chapter or by rules promulgated
thereunder, or in any payment required to be made as benefits
provided by this chapter to the employer's injured employees or
dependants of fatally injured employees, such employer shall be
ineligible for government contracts to the same extent as an
employer in "employer default," as provided for in section ten-a,
article three, chapter five-a of this code, and shall also be
subject to the license and permit revocation and termination
sanctions to the same extent as employers in "employer default"
pursuant to the provisions of subdivision (1), subsection (e),
section nineteen, article two-c of this chapter.
The Insurance
Commissioner shall propose rules, as provided in section five,
article two-c of this chapter, establishing administrative
pe
nalties for nonpayment of obligations under this chapter
.
ARTICLE 2C. EMPLOYERS' MUTUAL INSURANCE COMPANY.
§23-2C-3. Creation of employer mutual as successor organization of
the West Virginia Workers' Compensation Commission.
(a) (1) On or before the first day of June, two thousand five,
the executive director may take such actions as are necessary to
establish an employers' mutual insurance company as a domestic,
private, nonstock, corporation to:
(1) (A) Insure employers against liability for injuries and
occupational diseases for which their employees may be entitled to
receive compensation pursuant to this chapter twenty-three of this
code and federal Longshore and Harbor Workers' Compensation Act, 33
U. S. C. §901, et seq.;
(2) (B) Provide employer's liability insurance incidental to
and provided in connection with the insurance specified in
subdivision (1) paragraph (A) of this subdivision, including
coal-workers' pneumoconiosis coverage and employer excess liability
coverage as provided in this chapter; and
(3) (C) Transact such other kinds of property and casualty
insurance for which the company is otherwise qualified under the
provisions of this code.
(4) (2) The company shall may not sell, assign or transfer
substantial assets or ownership of the company.
(b) If the executive director establishes a domestic mutual
insurance company pursuant to subsection (a) of this section:
(1) As soon as practical, the company established pursuant to
the provisions of this article shall, through a vote of a majority
of its provisional board, file its corporate charter and bylaws
with the Insurance Commissioner and apply for a license with the
Insurance Commissioner to transact insurance in this state. Notwithstanding any other provision of this code, the Insurance
Commissioner shall act on the documents within fifteen days of the
filing by the company.
(2) In recognition of the workers' compensation insurance
liability insurance crisis in this state at the time of enactment
of this article and the critical need to expedite the initial
operation of the company, the Legislature hereby authorizes the
Insurance Commissioner to review the documentation submitted by the
company and to determine the initial capital and surplus
requirements of the company, notwithstanding the provisions of
section five-b, article three, chapter thirty-three of this code.
The company shall furnish the Insurance Commissioner with all
information and cooperate in all respects necessary for the
Insurance Commissioner to perform the duties set forth in this
section and in other provisions of this chapter and chapter
thirty-three of this code. The Insurance Commissioner shall
monitor the economic viability of the company during its initial
operation on not less than a monthly basis, until such time as the
commissioner, in his or her discretion, determines that monthly
reporting is not necessary. In all other respects the company
shall be subject to comply with the applicable provisions of
chapter thirty-three of this code.
(3) Subject to the provisions of subdivision (4) of this
subsection, the Insurance Commissioner may waive other requirements
imposed on mutual insurance companies by the provisions of chapter
thirty-three of this code as the Insurance Commissioner determines is are necessary to enable the company to begin insuring employers
in this state at the earliest possible date.
(4) Within forty months of the date of the issuance of its
license to transact insurance, the company shall comply with the
capital and surplus requirements set forth in subsection (a),
section five-b, article three, chapter thirty-three of this code in
effect on the effective date of this enactment, unless said the
deadline is extended by the Insurance Commissioner.
(c) For the duration of its existence, the company is not and
shall not be considered a department, unit, agency or
instrumentality of the state for any purpose. All debts, claims,
obligations and liabilities of the company, whenever incurred,
shall be are the debts, claims, obligations and liabilities of the
company only and not of the state or of any department, unit,
agency, instrumentality, officer or employee of the state.
(d) The moneys of the company are not and shall not be
considered part of the General Revenue Fund of the state. The
debts, claims, obligations and liabilities of the company are not
and shall not be considered a debt of the state or a pledge of the
credit of the state.
(e) The company is not subject to provisions of article
nine-a, chapter six of this code; the provisions of article two,
chapter six-c of this code; the provisions of chapter twenty-nine-b
of this code; the provisions of article three, chapter five-a of
this code; the provisions of article six, chapter twenty-nine of
this code; the provisions of article six-a of said chapter; or the provisions of chapter twelve of this code.
(f) If the commission has been terminated, effective upon said
the termination, private carriers, including the company, shall not
be are not subject to payment of premium taxes, surcharges and
credits contained in article three, chapter thirty-three of this
code on premiums received for coverage under this chapter. In lieu
thereof, the workers' compensation insurance market shall be is
subject to the following:
(1) (A) Each fiscal year, the Insurance Commissioner shall
calculate a percentage surcharge to be collected by each private
carrier from its policyholders. The surcharge percentage shall be
calculated by dividing the previous fiscal year's total premiums
collected plus deductible payments by all employers into the
portion of the Insurance Commissioner's budget amount attributable
to regulation of the private carrier market. This resulting
percentage shall be applied to each policyholder's premium payment
and deductible payments as a surcharge and remitted to the
Insurance Commissioner. Said surcharge shall be remitted within
ninety days of receipt of premium payments;
(B) With respect to fiscal years beginning on and after the
first day of July, two thousand eight, in lieu of the surcharge set
forth in the preceding paragraph, each private carrier shall
collect a surcharge in the amount of five and five-tenths percent
of the premium collected plus the total of all premium discounts
based on deductible provisions that were applied: Provided, That
prior to the thirtieth day of June, two-thousand thirteen, and every five years thereafter, the commissioner shall review the
percentage surcharge and determine a new percentage as he or she
deems necessary.
(C) The amounts required to be collected under paragraph (B)
of this subdivision shall be remitted to the Insurance Commissioner
on or before the twenty-fifth day of the month succeeding the end
of the quarter in which they are collected, except for the fourth
quarter for which the surcharge shall be remitted on or before the
first day of March of the succeeding year.
(2) Each fiscal year, the Insurance Commissioner shall
calculate a percentage surcharge to be remitted on a quarterly
basis by self-insured employers and said percentage shall be
calculated by dividing previous year's self-insured payroll in the
state into the portion of the Insurance Commissioner's budget
amount attributable to regulation of the self-insured employer
market. This resulting percentage shall be applied to each
self-insured employer's payroll and the resulting amount shall be
remitted as a regulatory surcharge by each self-insured employer.
The Workers' Compensation Board of Managers or Industrial Council
may promulgate a rule for implementation of this section. The
company, all other private carriers and all self-insured employers
shall furnish the Insurance Commissioner with all required
information and cooperate in all respects necessary for the
Insurance Commissioner to perform the duties set forth in this
section and in other provisions of this chapter and chapter
thirty-three of this code. The surcharge shall be calculated so as to only defray the costs associated with the administration of this
chapter and the funds raised shall not be used for any other
purpose;
(3) (A) Upon termination of the commission, the company and
all other Each private carriers carrier shall collect a premiums
surcharge from their its policyholders equal to ten percent, or
such higher or lower rate as annually determined, by the first day
of May of each year, by the Insurance Commissioner to produce
forty-five million dollars annually, of each policyholder's
periodic premium amount for workers' compensation insurance:
Provided, That the surcharge rate on policies issued or renewed on
or after the first day of July, two thousand eight shall be nine
percent of the premium collected plus the total of all premium
discounts based on deductible provisions that were applied.
(B) Additionally, by By the first day of May each year, the
self-insured employer community shall be assessed a cumulative
total of nine million dollars. The methodology for the assessment
shall be fair and equitable and determined by exempt legislative
rule issued by the workers' compensation board of managers or
Industrial Council. The amount collected pursuant to this
subdivision shall be remitted to the Insurance Commissioner for
deposit in the Workers' Compensation Debt Reduction Fund created in
section five, article two-d of this chapter.
(g) The new premiums surcharge imposed by paragraphs (A) and
(B), subdivision (3), subsection (f) of this section shall sunset
and not be are not collectible with respect to workers' compensation insurance premiums paid when the policy is renewed on
or after the first day of the month following the month in which
the Governor certifies to the Legislature that the revenue bonds
issued pursuant to article two-d of this chapter twenty-three of
this code have been retired and that the unfunded liability of the
Old Fund has been paid or has been provided for in its entirety,
whichever occurs last.
§23-2C-15. Mandatory coverage; changing of coverage.
(a) Effective upon termination of the commission, all
subscriber policies with the commission shall novate to the company
and all employers otherwise shall purchase workers' compensation
insurance from the company unless permitted to self-insure their
obligations. The company shall assume responsibility for all new
fund obligations of the subscriber policies which novate to the
company or which are issued thereafter. Each subscriber whose
policy novates to the company shall also have its advanced deposit
credited to its account with the company. Employers Each employer
purchasing workers' compensation insurance from the company shall
have the right to designate a representative or agent to act on its
behalf in any and all matters relevant to coverage and claims as
administered by the company.
(b) Effective the first day of July, two thousand eight, an
employer may elect to: (1) Continue to purchase workers'
compensation insurance from the company; (2) purchase workers'
compensation insurance from another private carrier licensed and
otherwise authorized to transact workers' compensation insurance in this state; or (3) self-insure its obligations if it satisfies all
requirements of this code to so self-insure and is permitted to do
so: Provided, That all state and local governmental bodies,
including, but not limited to, all counties and municipalities and
their subdivisions and including all boards, colleges, universities
and schools, shall continue to purchase workers' compensation
insurance from the company through the thirtieth day of June, two
thousand twelve. The company and other private carriers shall be
are permitted to sell workers' compensation insurance through
licensed agents in the state. To the extent that a private carrier
markets workers' compensation insurance through a licensed agent,
it shall be is subject to all applicable provisions of chapter
thirty-three of this code.
(c) Every employer shall post a notice upon its premises in a
conspicuous place identifying its workers' compensation insurer.
The notice must include the insurer's name, business address and
telephone number and the name, business address and telephone
number of its nearest adjuster in this state of the insurer and of
the person to contact with questions about a claim. The employer
shall at all times maintain the notice provided for the information
of his or her employees. Release of employer policy information
and status by the Industrial Council and the Insurance Commissioner
shall be governed by section four, article one of this chapter.
The Insurance Commissioner shall collect and maintain information
related to officers, directors and ten percent or more owners of
each carrier's policyholders, and each private carrier shall provide said information to the Insurance Commissioner within sixty
days of the issuance of a policy and any changes to the information
shall thereafter be reported within sixty days of such change.
(d) Any rule promulgated by the Board of Managers or
Industrial Council empowering agencies of this state to revoke or
refuse to grant, issue or renew any contract, license, permit,
certificate or other authority to conduct a trade, profession or
business to or with any employer whose account is in default with
regard to any liability under this chapter shall be fully
enforceable by the Insurance Commissioner against any such the
employer.
(e) Effective the first day of January, two thousand nine, the
company may decline to offer coverage to any applicant. Effective
Private carriers and, effective the first day of January, two
thousand nine, the company, and private carriers may cancel a
policy or decline to renew a policy upon the issuance of sixty
thirty days' written advance notice to the policyholder and may
refuse to renew a policy upon the issuance of sixty days' written
advance notice to the policyholder: Provided, That cancellation of
the policy by the carrier for failure of consideration to be paid
by the policyholder or for refusal to comply with a premium audit
is effective after fifteen ten days advance written notice of
cancellation to the policyholder.
(f) Every private carrier shall notify the Insurance
Commissioner or his or her designee of as follows: (1) of The the
issuance or renewal of insurance coverage, within ten calendar thirty
days of (A) the effective date of coverage, or (B) the
private carrier's receipt of notice of the employer's operations in
this state, whichever is later; and (2) of a termination of
coverage by the private carrier due to lapse, refusal to renew or
cancellation, within three business at least ten
days of prior to
the effective date of the termination; and (3) of a termination of
coverage by an employer, within ten days of the private carrier's
receipt of the employer's request for such termination; such the
notifications shall be on forms developed or in a manner prescribed
by the Insurance Commissioner.
(g) For the purposes of subsections (e) and (f) of this
section, the transfer of a policyholder between insurance companies
within the same group is not considered a cancellation or refusal
to renew a workers' compensation insurance policy.
§23-2C-17. Administration of a competitive system.
(a) Every policy of insurance issued by a private carrier:
(1) Shall be in writing;
(2) Shall contain the insuring agreements and exclusions; and
(3) If it contains a provision inconsistent with this chapter,
it shall be deemed to be reformed to conform with this chapter.
(b) The Workers' Compensation Board of Managers Industrial
Council shall promulgate a rule which prescribes the requirements
of a basic policy to be used by private carriers.
(c) A private carrier or self-insured employer may enter into
a contract to have his or her its plan of insurance administered by
a third-party administrator including the company. A private carrier shall not enter into a contract with any person for the
administration of any part of the plan of insurance unless that
person maintains an office in this state and has if the
administrator is licensed or registered with the Insurance
Commissioner of this state in accordance with article forty-six,
chapter thirty-three of the code. Notwithstanding any other
provision of this code to the contrary, any third-party
administrator who, directly or indirectly, underwrites or collects
charges or premiums from, or adjusts or settles claims on residents
of this state, in connection with workers
'
compensation coverage
offered or provided by an insurer, is subject to the provisions of
article forty-six, chapter thirty-three of this code to the same
extent as those persons included in the definition set forth in
subsection (a), section two of said article.
The Insurance
Commissioner shall propose rules, as provided in section five,
article two-c of this chapter
, to regulate the use of third-party
administrators by private carriers and self-insured employers,
including rules setting forth mandatory provisions for agreements
between third-party administrators and self-insured employers or
private carriers.
(d) A self-insured employer or a private carrier may:
(1) Enter into a contract or contracts with one or more
organizations for managed care to provide comprehensive medical and
health care services to employees for injuries and diseases that
are compensable pursuant to chapter twenty-three of this code. The
managed care plan must be approved pursuant to the provisions of section three, article four of this chapter.
(2) Require employees to obtain medical and health care
services for their industrial injuries from those organizations and
persons with whom the self-insured employer, or private carrier has
contracted or as the self-insured employer or private carrier
otherwise prescribes.
(3) Except for emergency care, require employees to obtain the
approval of the self-insured employer or private carrier before
obtaining medical and health care services for their industrial
injuries from a provider of health care who has not been previously
approved by the self-insured employer or private carrier.
(e) A private carrier or self-insured employer may inquire
about and request medical records of an injured employee that
concern a preexisting medical condition that is reasonably related
to the industrial injury of that injured employee.
(f) An injured employee must sign all medical releases
necessary for the insurer of his or her employer to obtain
information and records about a preexisting medical condition that
is reasonably related to the industrial injury of the employee and
that will assist the insurer to determine the nature and amount of
workers' compensation to which the employee is entitled.
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-7b. Trial return to work; Insurance Commissioner to develop
rules.
(a) The Legislature hereby finds and declares that it is in
the interest of employees, and employers and the commission that injured employees be encouraged to return to work as quickly as
possible after an injury and that appropriate protections be
afforded to injured employees who return to work on a trial basis.
(b) Notwithstanding any other provisions of this chapter to
the contrary, the injured employee shall not have his or her
eligibility to receive temporary total disability benefits
terminated when he or she returns to work on a trial basis as set
forth in this section. An employee is eligible to return to work
on a trial basis when he or she is released to work on a trial
basis by the treating physician. The Insurance Commissioner shall
propose rules, as provided in section five, article two-c of this
chapter, establishing criteria for providing employers the option
of allowing employees, following an injury, to return to work on a
trial basis and for the suspension of temporary total benefits
during a period of trial return to work.
(c) When an injured employee returns to work on a trial basis,
the employer shall provide a trial return-to-work notification to
the commission. Upon receipt of the notification, the commission
shall note the date of the first day of work pursuant to the trial
return and shall continue the claimant's eligibility for temporary
total disability benefits, but shall temporarily suspend the
payment of temporary total disability benefits during the period
actually worked by the injured employee. The claim shall be closed
on a temporary total disability basis either when the injured
employee or the authorized treating physician notifies the
commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, that the injured
employee is able to perform his or her job or automatically at the
end of a period of three months from the date of the first day of
work unless the employee notifies the commission, successor to the
commission, other private carrier or self-insured employer,
whichever is applicable, that he or she is unable to perform the
duties of the job, whichever occurs first. If the injured employee
is unable to continue working due to the compensable injury for a
three-month period, the injured employee shall provide notice and
temporary total disability benefits shall be reinstated immediately
and he or she shall be referred for a rehabilitation evaluation as
provided in section nine of this article. No provision of this
section shall be construed to prohibit the commission, successor to
the commission, other private carrier or self-insured employer,
whichever is applicable, from referring the injured employee for
any permanent disability evaluation required or permitted by any
other provision of this article.
(d) Nothing in this section shall prevent the employee from
returning to work without a trial return-to-work period.
(e) Nothing in this section shall be construed to require an
injured employee to return to work on a trial basis.
(f) The provisions of this section shall be terminated and be
of no further force and effect on the first day of July, two
thousand seven.
ARTICLE 5. REVIEW.
§23-5-1. Notice by commission or self-insured employer of decision; procedures on claims; objections and
hearing.
(a) The Workers' Compensation Commission, the successor to the
commission, other Insurance Commissioner, private insurance
carriers and self-insured employers may hear and determine all
questions within their jurisdiction. In matters arising under
articles three and four of this chapter, the commission, the
successor to the commission, other Insurance Commissioner private
insurance carriers and self-insured employers shall promptly review
and investigate all claims. The parties to a claim shall file the
information in support of their respective positions as they
consider proper. In addition, the commission, the successor to the
commission, other private insurance carriers and self-insured
employers may develop additional information that it considers to
be necessary in the interests of fairness to the parties and in
keeping with their fiduciary obligations are the claimant and, if
applicable, the claimant's dependants, and the employer, and with
respect to claims involving funds created in article two-c of this
chapter for which he or she has been designated the administrator,
the Insurance Commissioner. In claims in which the employer had
coverage on the date of the injury or last exposure, the employer's
carrier has sole authority to act on the employer's behalf in all
aspects related to litigation of the claim. With regard to any
issue which is ready for a decision, the commission, the successor
to the commission, other Insurance Commissioner, private insurance
carriers and carrier or self-insured employers employer, whichever is applicable, shall promptly send the decision to all parties,
including explain the basis of its decisions decision. As soon as
practicable after receipt of the claim, but in no event later than
the date of the initial decision on the claim, the Insurance
Commissioner, private carrier or self-insured employer, whichever
is applicable, shall send the claimant a brochure approved by the
Insurance Commissioner setting forth the claims process.
(b) (1) Except with regard to interlocutory matters, and those
matters set forth in subsection (d) of this section, upon making
any decision, upon making or refusing to make any award or upon
making any modification or change with respect to former findings
or orders, as provided by section sixteen, article four of this
chapter, the commission, the successor to the commission, other
private insurance carriers and self-insured employers Insurance
Commissioner, private carrier or self-insured employer, whichever
is applicable, shall give notice, in writing, to the employer,
employee, claimant or dependant as the case may be, parties to the
claim of its action. The notice shall state the time allowed for
filing an objection a protest to the finding. The action of the
commission, the successor to the commission, other private
insurance carriers and self-insured employers Insurance
Commissioner, private carrier or self-insured employer, whichever
is applicable, is final unless the decision is protested within
sixty days the employer, employee, claimant or dependant shall,
within thirty days after the receipt of such decision the notice,
object in writing, to the finding. Unless an objection a protest is filed within the thirty-sixty-day period, the finding or action
is final. This time limitation is a condition of the right to
litigate the finding or action and hence jurisdictional. Any
objection protest shall be filed with the Office of Judges with a
copy served upon the parties to the claim commission, the successor
to the commission, other private insurance carriers and
self-insured employers, whichever is applicable, and other parties
in accordance with the procedures set forth in sections eight and
nine of this article. In all instances where a private carrier,
self-insured employer or a third-party administrator has made
claims decisions as authorized in this chapter, they shall provide
claimants notice of all claims decisions as provided by rules for
self-administration promulgated by the board of managers and shall
be bound by each requirement imposed upon the commission by this
article. An employer may protest decisions incorporating findings
made by the Occupational Pneumoconiosis Board, decisions made by
the Insurance Commissioner acting as administrator of claims
involving funds created in article two-c of this chapter, or
decisions entered pursuant to subdivision (1), subsection (c),
section seven-a, article four of this chapter.
(2) (A) With respect to every application for benefits filed
on or after the first day of July, two thousand eight, in which a
decision to deny benefits is protested and the only controversy
relating to compensability is whether the application was properly
filed as a new claim or a reopening of a previous claim, the party
that denied the application shall begin to make conditional payment of benefits and must promptly give notice to the Office of Judges
that another identifiable person may be liable. The Office of
Judges shall promptly order the appropriate persons be joined as
parties to the proceeding: Provided, That at any time during a
proceeding in which conditional payments are being made in
accordance with the provisions of this subsection, the office of
judges may, pending final determination of the person properly
liable for payment of the claim, order that such conditional
payments of benefits be paid by another party.
(B) Any conditional payment made pursuant to paragraph (A) of
this subdivision shall not be deemed an admission or conclusive
finding of liability of the person making such payments. When the
administrative law judge has made a determination as to the party
properly liable for payment of the claim, he or she shall direct
any monetary adjustment or reimbursement between or among the
Insurance Commissioner, private carriers and self-insured employers
as is necessary.
(C) The Office of Judges may direct that:
(i) An application for benefits be designated as a petition to
reopen, effective as of the original date of filing;
(ii) A petition to reopen be designated as an application for
benefits, effective as of the original date of filing; or
(iii) An application for benefits or petition to reopen filed
with the Insurance Commissioner, private carrier or self-insured
employer be designated as an application or petition to reopen
filed with another private carrier, self-insured employer or Insurance Commissioner.
(c) Where an employer protests a written decision entered
pursuant to a finding or determination of the commission, the
successor to the commission, other private insurance carriers and
self-insured employers, whichever is applicable, is protested only
by the employer of the Occupational Pneumoconiosis Board, a
decision on a claim made by the Insurance Commissioner acting as
the administrator of a fund created in article two-c of this
chapter, or decisions entered pursuant to subdivision (1),
subsection (c), section seven-a, article four of this chapter, and
the employer does not prevail in its protest, and in the event the
claimant is required to attend a hearing by subpoena or agreement
of counsel or at the express direction of the commission or Office
of Judges, then the claimant in addition to reasonable traveling
and other expenses shall be reimbursed for loss of wages incurred
by the claimant in attending the hearing.
(d) The commission, the successor to the commission, other
private insurance carriers and Insurance Commissioner, private
carrier or self-insured employers employer, whichever is applicable
may amend, correct or set aside any order or decision on any issue
entered by it which, at the time of issuance or any time thereafter
after that, is discovered to be defective or clearly erroneous or
the result of mistake, clerical error or fraud, or with respect to
any order or decision denying benefits, otherwise not supported by
the evidence, Jurisdiction to take this action but any protest
filed prior to entry of the amended decision is a protest from the amended decision unless and until the administrative law judge
before whom the matter is pending enters an order dismissing the
protest as moot in light of the amendment. Jurisdiction to issue an
amended decision pursuant to this subsection continues until the
expiration of two years from the date of entry of an order a
decision to which the amendment is made unless the order decision
is sooner affected by appellate action: Provided, That corrective
actions in the case of fraud may be taken at any time an action of
an administrative law judge or other judicial officer or body:
Provided, That corrective actions in the case of fraud may be taken
at any time.
(e) All objections to orders of the commission, the successor
to the commission, other private insurance carriers and
self-insured employers, whichever is applicable shall be styled in
the name of the issuing entity. All appeals prosecuted from the
office of judges shall be in the name of the issuing party. In all
actions under this article, the Workers' Compensation Commission
shall be the party in interest unless the parties to the appeal are
limited to a claimant and a self-insured employer.
§23-5-11. Workers' Compensation Board of Review generally.
(a) On the thirty-first day of January, two thousand four, the
Workers' Compensation Appeal Board heretofore established in this
section is hereby abolished.
(b) There is hereby created the "Workers' Compensation Board
of Review", which may also be referred to as "the Board of Review"
or "the board". Effective the first day of February, two thousand four, the Board of Review shall exercise exclusive jurisdiction
over all appeals from the Workers' Compensation Office of Judges
including any and all appeals pending with the Board of Appeals on
the thirty-first day of January, two thousand four.
(c) The board shall consist consists of three members.
(d) The Governor shall appoint, from names submitted by the
"Workers' Compensation Board of Review Nominating Committee", with
the advice and consent of the Senate, three qualified attorneys to
serve as members of the Board of Review. If the Governor does not
select a nominee for any vacant position from the names provided by
the nominating committee, he shall notify the nominating committee
of that circumstance and the committee shall provide additional
names for consideration by the Governor. A member of the Board of
Review may be removed by the Governor for official misconduct,
incompetence, neglect of duty, gross immorality or malfeasance and
then only after notice and opportunity to respond and present
evidence. No more than two of the members of the board may be of
the same political party. The members of the Board of Review shall
be paid an annual salary of eighty-five thousand dollars: Provided,
that on and after the first day of July, two thousand eight the
Governor shall set the salary of the members of the Board. Members
are entitled to be reimbursed for actual and necessary travel
expenses incurred in the discharge of official duties in a manner
consistent with the guidelines of the Travel Management Office of
the Department of Administration.
(e) The nominating committee shall consist consists of the following members: (1) The President of the West Virginia State
Bar who will serve serves as the chairperson of the committee; (2)
an active member of the West Virginia State Bar Workers'
Compensation Committee selected by the major trade association
representing employers in this state; (3) an active member of the
West Virginia State Bar Workers' Compensation Committee selected by
the highest ranking officer of the major employee organization
representing workers in this state; (4) the Dean of the West
Virginia University School of Law; and (5) the Chairman of the
Judicial Investigation Committee.
(f) The nominating committee is responsible for reviewing and
evaluating candidates for possible appointment to the Board of
Review by the Governor. In reviewing candidates, the nominating
committee may accept comments from and request information from any
person or source.
(g) Each member of the nominating committee may submit up to
three names of qualified candidates for each position on the Board
of Review: Provided, That the member of the nominating committee
selected by the major trade organization representing employers of
this state shall submit at least one name of a qualified candidate
for each position on the board who either is, or who represents,
small business employers of this state. After careful review of
the candidates, the committee shall select a minimum of one
candidate for each position on the board.
(h) No later than the first day of November, two thousand
three, the nominating committee shall present to the Governor its list of candidates for the initial Board of Review. The Governor
shall appoint the initial board no later than the thirty-first day
of December, two thousand three: Provided, That upon the
thirty-first day of December, two thousand three, the deadline for
filling all positions of the Board of Review will be extended, as
necessary, if, on or before that date, the Governor has timely
requested additional names from the nominating committee.
Thereafter, The nominating committee shall meet at the request of
the Governor in order to make timely recommendations to the
Governor for appointees to the board as the initial and subsequent
terms expire or become vacant. The recommendations shall be
submitted no later than thirty days prior to the expiration of any
term.
(i) (h) Of the initial appointments, one member shall be
appointed for a term ending the thirty-first day of December, two
thousand six; one member shall be appointed for a term ending the
thirty-first day of December, two thousand eight; and one member
shall be appointed for a term ending the thirty-first day of
December, two thousand ten. Thereafter, The appointments shall be
for six-year terms.
(j) (i) A member of the Board of Review must, at the time he
or she takes office and thereafter during his or her continuance in
office, be a resident of this state, be a member in good standing
of the West Virginia State Bar, have a minimum of ten years'
experience as an attorney admitted to practice law in this state
prior to appointment and have a minimum of five years' experience in preparing and presenting cases or hearing actions and making
decisions on the basis of the record of those hearings before
administrative agencies, regulatory bodies or courts of record at
the federal, state or local level.
(k) (j) No member of the Board of Review may hold any other
office, or accept any appointment or public trust, nor may he or
she become a candidate for any elective public office or nomination
thereto. Violation of this subsection requires the member to
vacate his or her office. No member of the Board of Review may
engage in the practice of law during his or her term of office.
(l) (k) A vacancy occurring on the board other than by
expiration of a term shall be filled in the manner original
appointments were made, for the unexpired portion of the term.
(m) (l) The board shall designate one of its members in
rotation to be chairman of the board for as long as the board may
determine by order made and entered of record. In the absence of
the chairman, any other member designated by the members present
shall act as chairman.
(n) (m) The Board of Review shall meet as often as necessary
to hold review hearings, at such times and places as the chairman
may determine. Two members shall be present in order to conduct
review hearings or other business. All decisions of the board
shall be determined by a majority of the members of the board.
(o) (n) The Board of Review shall make general rules regarding
the pleading, including the form of the petition and any responsive
pleadings, practice and procedure to be used by the board.
(p) (o) The Board of Review may hire a clerk and other
professional and clerical staff necessary to carry out the
requirements of this article. It is the duty of the clerk of the
Board of Review to attend in person, or by deputy, all the sessions
of the board, to obey its orders and directions, to take care of
and preserve in an office, kept for the purpose, all records and
papers of the board and to perform other duties as prescribed by
law or required of him or her by the board. All employees of the
board shall serve at the will and pleasure of the board. The
board's employees are exempt from the salary schedule or pay plan
adopted by the Division of Personnel. All personnel of the Board
of Review shall be are under the supervision of the chairman of the
Board of Review.
(q) (p) If deemed considered necessary by the board, the board
may, through staffing or other resources, procure assistance in
review of medical portions of decisions.
(r) (q) Upon the conclusion of any hearing, or prior thereto
with concurrence of the parties, the member board shall promptly
determine the matter and make an award in accordance with his or
her its determination.
(s) (r) The award shall become a part of the commission file.
A copy of the award shall be sent forthwith by mail to all parties
in interest.
(t) (s) The award is final when entered. The award shall
contain a statement explaining the rights of the parties to an
appeal to the Board of Review and the applicable time limitations involved.
(u) (t) The board shall submit to the Insurance Commissioner
a budget to the executive director for inclusion in the budget for
the Workers' Compensation Commission sufficient to adequately
provide for the administrative and other operating expenses of the
board.
(v) (u) The board shall report monthly to the board of
managers Industrial Council on the status of all claims on appeal.
(w) (v) Effective upon termination of the commission, the
Board of Review shall be transferred to the Insurance Commissioner
which shall have the oversight and administrative authority
heretofore provided to the executive director and the board of
managers.
The bill (Eng. Com. Sub. for H. B. No. 4636), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4636) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4636) passed.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent being granted, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4636--A Bill to amend and
reenact §5A-3-10a of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §23-
1-20; to amend said code by adding thereto a new section,
designated §23-2-9a; to amend and reenact §23-2C-3, §23-2C-15 and
§23-2C-17 of said code; to amend and reenact §23-4-7b of said code;
and to amend and reenact §23-5-1 and §23-5-11 of said code, all relating generally to workers' compensation insurance; prohibiting
public contracts with employers in workers' compensation default;
establishing hiring preferences for employees of the Attorney
General's workers' compensation litigation unit and permitting
division of personnel to propose rules regarding such preferences;
providing for the termination of licenses and permits to self-
insured employers in workers' compensation default; requiring the
proposal of rules to regulate certain third-party administrators;
requiring proposal of rules relating to establishing penalties for
certain defaults; eliminating requirement that private carriers
maintain an office in the State; modifying certain information that
must be on posted notice in work place; changing period of notice
for cancellation of policies; establishing fixed percentages for
determining surcharges on covered employers and permitting
recalculation of one such percentage; eliminating certain carrier
reporting requirements; changing periods within which private
carriers must notify the Insurance Commissioner regarding coverage
status; limiting employer protests; increasing the periods in which
to file objections to claims decisions; providing for conditional
payment of benefits; providing that corrective orders do not
nullify pending protests; providing for proposal of rules relating
to establishing a trial return to work period for employees; and
requiring the Governor to set salaries of members of the workers'
compensation Board of Review.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4636) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4644, Relating to the forfeiture of bail.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4664, Clarifying the purpose
of the Purchasing Division.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4692, Permitting
depositories of state, county, municipal and other public moneys to
pool securities.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 4088, Allowing farm equipment dealers to calculate their inventory based on an average
of their yearly sales.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4357, Extending the
Neighborhood Investment Program Act and eligibility for tax credits
under the act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4407, Requiring automatic
tire chains as standard equipment on all new school buses.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4471, Making certain changes
to the West Virginia State Police Retirement System.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
The bill (Eng. Com. Sub. for H. B. No. 4471) was then read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
B
y 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.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4471) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4471) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 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.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 6:31 p.m. today:
Eng. Com. Sub. for House Bill No. 4364, Amending various
requirements for motor vehicle dealers.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Barnes presented a petition from Patty Johnston and
numerous West Virginia residents, supporting Engrossed House Bill
No. 4445 (Relating to definitions under the Medical Professional
Liability Act).
Referred to the Committee on the Judiciary.
Without objection the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 185, Clarifying mental
conditions which prohibit firearms' possession and creating state
registry of such persons.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §27-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §61-7-7 of said code be amended and
reenacted; and that said code be amended by adding thereto a new
article, designated §61-7A-1, §61-7A-2, §61-7A-3, §61-7A-4 and §61-
7A-5, all to read as follows:
CHAPTER 27. MENTALLY ILL PERSONS
ARTICLE 3. CONFIDENTIALITY.
§27-3-1. Definition of confidential information; disclosure.
(a) Communications and information obtained in the course of
treatment or evaluation of any client or patient are confidential
information. Such confidential information includes the fact that
a person is or has been a client or patient, information
transmitted by a patient or client or family thereof for purposes
relating to diagnosis or treatment, information transmitted by
persons participating in the accomplishment of the objectives of
diagnosis or treatment, all diagnoses or opinions formed regarding
a client's or patient's physical, mental or emotional condition;
any advice, instructions or prescriptions issued in the course of
diagnosis or treatment, and any record or characterization of the
matters hereinbefore described. It does not include information which does not identify a client or patient, information from which
a person acquainted with a client or patient would not recognize
such client or patient, and uncoded information from which there is
no possible means to identify a client or patient.
(b) Confidential information may shall not be disclosed,
except:
(1) In a proceeding under section four, article five of this
chapter to disclose the results of an involuntary examination made
pursuant to sections two, three or four, article five of this
chapter;
(2) In a proceeding under article six-a of this chapter to
disclose the results of an involuntary examination made pursuant
thereto;
(3) Pursuant to an order of any court based upon a finding
that the information is sufficiently relevant to a proceeding
before the court to outweigh the importance of maintaining the
confidentiality established by this section;
(4) To provide notice to the federal National Instant Criminal
Background Check System, established pursuant to section 103(d) of
the Brady Handgun Violence Prevention Act, 18 U.S.C. §922, in
accordance with article seven-A, chapter sixty-one of this code;
(4) (5) To protect against a clear and substantial danger of
imminent injury by a patient or client to himself, herself or
another;
(5) (6) For treatment or internal review purposes, to staff of
the mental health facility where the patient is being cared for or to other health professionals involved in treatment of the patient;
and
(6) (7) Without the patient's consent as provided for under
the Privacy Rule of the federal Health Insurance Portability and
Accountability Act of 1996, 45 C. F. R. §164.506 for thirty days
from the date of admission to a mental health facility if: (i) The
provider makes a good faith effort to obtain consent from the
patient or legal representative prior to disclosure; (ii) the
minimum information necessary is released for a specifically stated
purpose; and (iii) prompt notice of the disclosure, the recipient
of the information and the purpose of the disclosure is given to
the patient or legal representative.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-7. Persons prohibited from possessing firearms;
classifications; reinstatement of rights to
possess; offenses; penalties.
(a) Except as provided in this section, no person shall
possess a firearm as such is defined in section two of this article
who:
(1) Has been convicted in any court of a crime punishable by
imprisonment for a term exceeding one year;
(2) Is habitually addicted to alcohol;
(3) Is an unlawful user of or habitually addicted to any
controlled substance;
(4) Has been adjudicated as a mental defective or who has been involuntarily committed to a mental institution pursuant to the
provisions of chapter twenty-seven of this code: Provided, That
once an individual has been adjudicated as a mental defective or
involuntarily committed to a mental institution, he or she shall be
duly notified that they are to immediately surrender any firearms
in their ownership or possession: Provided, however, That the
mental hygiene commissioner or circuit judge shall first make a
determination of the appropriate public or private individual or
entity to act as conservator for the surrendered property;
(5) Being Is an alien is illegally or unlawfully in the United
States;
(6) Has been discharged from the armed forces under
dishonorable conditions;
(7) Is subject to a domestic violence protective order that:
(A) Was issued after a hearing of which such person received
actual notice and at which such person had an opportunity to
participate;
(B) Restrains such person from harassing, stalking or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that would
place an intimate partner in reasonable fear of bodily injury to
the partner or child; and
(C)(i) Includes a finding that such person represents a
credible threat to the physical safety of such intimate partner or
child; or
(ii) By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner
or child that would reasonably be expected to cause bodily injury;
or
(8) Has been convicted of a misdemeanor offense of assault or
battery either under the provisions of section twenty-eight,
article two of this chapter or the provisions of subsection (b) or
(c), section nine of said article in which the victim was a current
or former spouse, current or former sexual or intimate partner,
person with whom the defendant has a child in common, person with
whom the defendant cohabits or has cohabited, a parent or guardian,
the defendant's child or ward or a member of the defendant's
household at the time of the offense or has been convicted in any
court of any jurisdiction of a comparable misdemeanor crime of
domestic violence.
Any person who violates the provisions of this subsection
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than one hundred dollars nor more than one
thousand dollars or confined in the county jail for not less than
ninety days nor more than one year, or both.
(b) Notwithstanding the provisions of subsection (a) of this
section, any person:
(1) Who has been convicted in this state or any other
jurisdiction of a felony crime of violence against the person of
another or of a felony sexual offense; or
(2) Who has been convicted in this state or any other
jurisdiction of a felony controlled substance offense involving a Schedule I controlled substance other than marijuana, a Schedule II
or a Schedule III controlled substance as such are defined in
sections two hundred four, two hundred five and two hundred six,
article two, chapter sixty-a of this code and who possesses a
firearm as such is defined in section two of this article shall be
guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility for not more than five years or
fined not more than five thousand dollars, or both. The provisions
of subsection (c) of this section shall not apply to persons
convicted of offenses referred to in this subsection or to persons
convicted of a violation of this subsection.
(c) Any person prohibited from possessing a firearm by the
provisions of subsection (a) of this section may petition the
circuit court of the county in which he or she resides to regain
the ability to possess a firearm and if the court finds by clear
and convincing evidence that the person is competent and capable of
exercising the responsibility concomitant with the possession of a
firearm, the court may enter an order allowing the person to
possess a firearm if such possession would not violate any federal
law: Provided, That a person prohibited from possessing a firearm
by the provisions of subdivision (4), subsection (a) of this
section may petition to regain the ability to possess a firearm in
accordance with the provisions of section five, article seven-a of
this chapter.
ARTICLE 7A. STATE MENTAL HEALTH REGISTRY; REPORTING OF PERSONS
PROSCRIBED FROM FIREARM POSSESSION DUE TO MENTAL CONDITION TO THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM; LEGISLATIVE FINDINGS;
DEFINITIONS; REPORTING REQUIREMENTS; REINSTATEMENT
OF RIGHTS PROCEDURES.
§61-7A-1. Legislative intent.
It is the intention of the Legislature in the enactment of
this article to clarify the persons whom it intends to proscribe
from the possession of firearms due to substance abuse or mental
illness; establish a process in reporting the names of persons
proscribed from possession of firearms due to mental illness to the
central state mental health registry; authorize reporting by
registry to the National Instant Criminal Background Check System;
and to prescribe a means for reinstating one's ability to lawfully
possess a firearm.
§61-7A-2. Definitions.
As used in this article and as the terms are deemed to mean in
18 U. S. C. §922(g) and W. Va. Code §61-7-7 as each exists as of
the thirty-first day of January, two thousand eight:
(1)"A person adjudicated as a mental defective" means a
person who has been determined by a duly authorized court,
tribunal, board or other entity to be mentally ill to the point
where he or she has been found to be incompetent to stand trial due
to mental illness or insanity, has been found not guilty in a
criminal proceeding by reason of mental illness or insanity or has
been determined to be unable to handle his or her own affairs due
to mental illness or insanity.
(2) "Committed to a mental institution" means to have been
involuntarily committed for treatment pursuant to the provisions of
chapter twenty-seven of this code.
(3) "Mental institution" means any facility or part of a
facility used for the treatment of persons committed for treatment
of mental illness or addiction.
§61-7A-3. Persons whose names are to be supplied to the central
state mental health registry.
(a) The superintendent of the West Virginia State Police and
the Secretary of the Department of Health and Human Resources, or
their designees, shall cooperate with the circuit clerk of each
county and Administrator of the West Virginia Supreme Court of
Appeals in compiling and maintaining a database containing the
names and identifying information of persons who have been
adjudicated to be mentally defective or who have been committed for
treatment of a mental illness pursuant to the provisions of chapter
twenty-seven of this code. The registry shall be maintained by the
Administrator of the Supreme Court of Appeals or the Superintendent
of the West Virginia State Police.
(b) The name of any person who has been adjudicated to be
mentally defective or who has been committed for treatment of a
mental illness pursuant to the provisions of chapter twenty-seven
of this code which shall be provided to the Superintendent of the
West Virginia State Police for inclusion in the central state
mental health registry. Upon receipt of the information being
received by the central state mental health registry it may be transmitted to the National Instant Criminal Background Check
System and to county sheriffs;
(c) The Secretary of Department of Human Resources and the
circuit clerk of each county shall, as soon as practicable after
the effective date of this article, supply to the Superintendent of
the West Virginia State Police for inclusion in the central state
mental health registry the name and identifying information
required by the provisions of subsection (d) of this section of all
persons covered by the provisions of this article and shall on an
ongoing basis continue to provide such information as it is
developed;
(d) The central state mental health registry shall contain the
name, address at the time of commitment or adjudication, date of
birth, date of commitment or adjudication and of all persons who
have been adjudicated to be mentally defective or who have been
committed for treatment of a mental illness pursuant to the
provisions of chapter twenty-seven of this code.
(e) The central state mental health registry shall provide
only such information about a person on the registry to county
sheriffs and the National Instant Criminal Background Check System
as is necessary to identify registrants; and
(f) On or before the first day of January, two thousand ten,
the central state mental health registry shall contain the name,
address at the time of commitment or adjudication, date of birth,
date of commitment or adjudication and any other identifying
characteristics of all persons who have been adjudicated to be mentally defective or who have been committed for treatment of a
mental illness pursuant to the provisions of chapter twenty-seven
of this code. Under no circumstances shall the registry contain
information relating to any diagnosis or treatment provided.
§61-7A-4. Confidentiality; limits on use of registry information.
(a) Notwithstanding any provision of this code to the
contrary, the Superintendent of the State Police, the Secretary of
the Department of Health and Human Resources and the circuit clerks
and the Administrator of the Supreme Court of Appeals may provide
notice to the central state mental health registry and the National
Instant Criminal Background Check System established pursuant to
Section 103(d) of the Brady Handgun Violence Protection Act, 18 U.
S. C. §922, that a person: (i) Has been involuntarily committed as
provided in chapter twenty-seven of this code; (ii) has been
adjudicated mentally incompetent in a proceeding under article six-
a of this chapter; or (iii) has regained the ability to possess a
firearm by order of a circuit court in a proceeding under section
five of this article.
(b) The information contained in the central state mental
health registry is to be used solely for the purpose of records
checks related to firearms purchases and for eligibility for a
state license or permit to possess or carry a concealed firearm.
(c) Whenever a person's name and other identifying information
has been added to the central state mental health registry, a
review of the state concealed handgun registry shall be undertaken
and if such review reveals that the person possesses a current concealed handgun license, the sheriff of the county issuing the
concealed handgun license shall be informed of the person's change
in status.
§61-7A-5. Petition to regain right to possess firearms.
(a) Any person who is prohibited from possessing a firearm
pursuant to the provisions of section seven, article seven of this
chapter or by provisions of federal law by virtue solely of having
previously been adjudicated to be mentally defective or to having
a prior involuntary commitment to a mental institution pursuant to
chapter twenty-seven of this code may petition the circuit court of
the county of his or her residence to regain the ability to
lawfully possess a firearm. If the court finds by clear and
convincing evidence that the person is competent and capable of
exercising the responsibilities concomitant with the possession of
a firearm, the court may enter an order allowing the petitioner to
possess a firearm.
(b) The circuit clerk of each county shall provide the
Superintendent of the West Virginia State Police or his or her
designee with a certified copy of any order entered pursuant to the
provisions of this section. If the order restores the petitioner's
ability to possess a firearm, petitioner's name shall be promptly
removed from the central state mental health registry and the
superintendent shall forthwith inform the Federal Bureau of
Investigation or other federal entity operating the National
Instant Criminal Background Check System of the court action.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 185--A Bill to amend and
reenact §61-7-7 of the Code of West Virginia, 1931, as amended; to
amend and reenact §27-3-1 of said code; and to amend said code by
adding thereto a new article, designated §61-7A-1, §61-7A-2, §61-
7A-3, §61-7A-4 and §61-7A-5, all relating to clarifying mental
conditions which prohibit firearms' possession and disclosure of
prohibited firearm possession; disclosure of confidential
information; notice of surrender of firearms under certain
conditions; right to petition to regain ability to possess
firearms; legislative intent; definitions; requiring state registry
of persons precluded firearms' possession due to mental condition;
authorizing reporting of information to national registry;
limitations on use of information; and establishing a procedure for
petitioning to regain right to possess a firearm.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 185, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 185) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 317, Updating physician and podiatrist
licensing requirements.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page thirteen, section ten, line two hundred thirty-three,
after the word "person" by inserting the words "not previously
licensed in West Virginia".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 317, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 317) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 373, Authorizing Department
of Environmental Protection promulgate legislative rules.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of Environmental Protection.
(a) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(emission standards for hazardous air pollutants 45 CSR 34), is
authorized.
(b) The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(ambient air quality standard for nitrogen dioxide, 45 CSR 12), is
repealed.
(c) The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(emission standards for hazardous air pollutants pursuant to 40 CFR
part 61, 45 CSR 15), is repealed.
(d) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(standards of performance for new stationary sources 45 CSR 16), is
authorized.
(e) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of air pollution from combustion of solid waste, 45 CSR
18), is authorized.
(f) The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(to prevent and control emissions from hospital/medical/infectious
waste incinerators, 45 CSR 24), is repealed.
(g) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of air pollution from hazardous waste treatment, storage
and disposal facilities, 45 CSR 25), is authorized.
(h)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of annual nitrogen oxides emissions, 45 CSR 39), is
authorized.
(i)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article five, chapter twenty-two of this
code, modified by the Department of Environmental Protection to
meet the objections of the Legislative Rule-making Review Committee
and refiled in the State Register on the fourteenth day of January,
two thousand eight, relating to the Department of Environmental
Protection (control of ozone season nitrogen oxides emissions, 45
CSR 40), is authorized.
(j)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of annual sulfur dioxide emissions, 45 CSR 41), is
authorized.
(k) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section nineteen, article five, chapter twenty-two of
this code, modified by the Department of Environmental Protection
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the fourteenth day
of January, two thousand eight, relating to the Department of
Environmental Protection (greenhouse gas emissions inventory
program, 45 CSR 42), is authorized.
(l)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection (control of air pollution from combustion of refuse, 45 CSR 6), is
authorized.
(m)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, modified by the Department of Environmental Protection to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the fourteenth day of January,
two thousand eight, relating to the Department of Environmental
Protection (ambient air quality standards, 45 CSR 8), is
authorized.
(n
) The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(ambient air quality standards for carbon monoxide and ozone, 45
CSR 9), is repealed.
(o
) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article three-a, chapter twenty-two of
this code, modified by the Department of Environmental Protection
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the nineteenth day
of December, two thousand seven, relating to the Department of
Environmental Protection (surface mining blasting, 199 CSR 1), is
authorized, with the following amendments:
On page nine, section 3, after "3.8.a." by inserting the
following: At least thirty days prior to commencing blasting, an
operator's designee shall notify in writing all owners and
occupants of man-made dwellings or structures that the operator or
operator's designee will perform preblast surveys.
(p
) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article three, chapter twenty-two of
this code, modified by the Department of Environmental Protection
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the nineteenth day
of December, two thousand seven, relating to the Department of
Environmental Protection (surface mining reclamation, 38 CSR 2), is
authorized, with the following amendments:
On pages one hundred twenty-six through one hundred thirty-
two, by striking out subsection 11.8. in its entirety
.
(q
) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section three, article twenty-two, chapter twenty-two
of this code, relating to the Department of Environmental
Protection (voluntary remediation and development, 60 CSR 3), is
authorized.
(r) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article twenty-five, chapter twenty-
two of this code, relating to the Department of Environmental Protection (environmental excellence program, 60 CSR 8), is
authorized.
(s) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section twenty-three, article fifteen, chapter twenty-
two of this code, modified by the Department of Environmental
Protection to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the twentieth
day of December, two thousand seven, relating to the Department of
Environmental Protection (standards for beneficial use of filtrate
from water treatment plants, 33 CSR 9), is authorized.
(t) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section three, article fifteen-a, chapter twenty-
two of this code, modified by the Department of Environmental
Protection to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the
seventeenth day of October, two thousand seven, relating to the
Department of Environmental Protection (recycling assistance grant
program, 33 CSR 10), is authorized, with the following amendments:
On page twelve, subdivision 5.1.10., after the words
"telephone costs." by striking out the remainder of the subdivision
and by inserting in lieu thereof the following: "Rent or lease
charges related to a recycling program for a building, or office
space are allowable expenditures. However, to obtain grant funds
for rent or lease charges, the applicant shall provide the department with a copy of the written rental or lease agreement
which shall exceed twenty years and meet the following criteria:
a. The rental or lease agreement shall not contain any
cancellation or termination clause,
b. The rental or lease agreement shall not be transferrable,
and
c. The rental or lease agreement shall not allow for
subleasing;"
On page twelve, by striking out all of subdivision 5.1.11. and
inserting in lieu thereof the following, to read as follows:
"5.1.11 Recycling Facility Construction, Improvement and
Repairs -- A grant may be used for, but not limited to, new
construction or repairs or minor improvements to an existing
recycling facility, such as loading docks, sheds, structures,
abutment walls, fences, roof repair, gravel or paving, if the land
is owned or leased by the grantee. However, to obtain grant funds
for construction, improvements and repairs for rental or leased
property, the applicant shall provide the department a copy of the
written rental or lease agreement which shall exceed twenty years
and meet the criteria stated in subdivision 5.1.10. of this rule;"
On page thirteen, subdivision 5.2.2., by striking out the
words "and buildings";
And,
On page thirteen, subdivision 5.2.7 after the words
"(planting, mowing, weeding, etc.)" by inserting the words "unless
the purpose is to provide natural screening to neighboring properties".
(u) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section six, article eighteen, chapter twenty-two
of this code, relating to the Department of Environmental
Protection (hazardous waste management system, 33 CSR 20), is
authorized.
(v) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section six, article seventeen, chapter twenty-two of
this code, modified by the Department of Environmental Protection
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the twentieth day of
December, two thousand seven, relating to the Department of
Environmental Protection (underground storage tanks, 33 CSR 30), is
authorized.
(w) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article eleven, chapter twenty-two
of this code, relating to the Department of Environmental
Protection (National Pollutant Discharge Elimination System (NPDES)
program, 47 CSR 10), is authorized.
(x) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article eleven, chapter twenty-two of
this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the nineteenth day
of December, two thousand seven, relating to the Department of
Environmental Protection (WV/NPDES rules for coal mining
facilities, 47 CSR 30), is authorized with the following
amendments:
On page one, subsection 1.8., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page two, subsection 2.6., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page two, subsection 2.6., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page three, after subsection 2.14. by inserting a new
subsection 2.15., to read as follows:
2.15. "Director" means the director of the Division of Water
and Waste Management.;
And renumbering the remaining subsections;
On page three, subsection 2.17., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page three, subsection 2.18., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page four, subsection 2.28., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page four, subsection 2.28., after the words "with the" by
striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page four, subdivision 2.31.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page five, subsection 2.37., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.50., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.51., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subparagraph 3.1.a.6.D, by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page seven, subparagraph 3.1.a.6.G, after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page seven, subparagraph 3.1.a.6.G, after the words "when
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page seven, subdivision 3.2.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "to the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page eight, paragraph 3.5.b.1., after the words
"application the" by striking out the word "Secretary" and
inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "if the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page eight, paragraph 3.5.b.2., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.c.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 3.6., by striking out the word
"Secretary" and inserting in lieu thereof the words "Director of
the Division of Water and Waste Management";
On page nine, subdivision 3.6.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "adopted by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "enforced by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page nine, subdivision 3.6.c., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subdivision 3.6.c., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subdivision 3.6.d., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.2., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subsection 4.2., after the words "or the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subsection 4.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the words "when the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page ten, subsection 4.3., after the words "to the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page ten, subsection 4.3., after the word "The" by striking
out the word "Secretary" and inserting in lieu thereof the word
"Director";
On page ten, subdivision 4.5.a., after the words "provide the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page ten, subdivision 4.5.a., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page twelve, paragraph 4.5.a.17., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page twelve, paragraph 4.5.a.17., after the words "and the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page twelve, subdivision 4.5.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words "addition,
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words
"effluents, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page twelve, part 4.5.b.1.A.2., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "to the"
by striking out the comma and the word "Secretary" and inserting in
lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "as the" by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page fourteen, paragraph 4.5.d.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, subparagraph 4.5.d.1.F., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, paragraph 4.5.d.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, paragraph 4.5.e.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, subparagraph 4.5.f.2.A., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words "rule,
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words
"notice, the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, subdivision 4.7.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, paragraph 4.7.b.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, subdivision 4.7.c., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subdivision 5.1.g., by striking out the word
"secretary" and inserting in lieu thereof the words "Secretary or
Director";
On page nineteen, subsection 5.7., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "shall
furnish to the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "which the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page nineteen, subsection 5.9., after the words "shall also
furnish to the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page nineteen, subsection 5.10., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.c., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, paragraph 5.11.d.7., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.g., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subsection 5.12., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subparagraph 5.13.d.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-one, subparagraph 5.13.d.2.C., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-one, paragraph 5.13.d.3., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, paragraph 5.13.d.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.A.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.B.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.f., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.g., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, paragraph 5.14.d.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the word
"The" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the words "if the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page twenty-three, subsection 5.16., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subsection 6.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, paragraph 6.2.d.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, paragraph 6.2.d.3., after the words
"Subpart G, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page twenty-six, subparagraph 6.2.h.1.A., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-six, subparagraph 6.2.h.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-six, subdivision 6.2.i., by striking out the
word "Secretary's" and inserting in lieu thereof the word
"Director's";
On page twenty-eight, paragraph 6.2.o.5., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-nine, subdivision 7.7.d., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 7.9.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.a., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page thirty, subdivision 8.1.a., after the words "to the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty, subdivision 8.1.a., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page thirty, subdivision 8.1.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.2.a., after the words "to the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty, subdivision 8.2.a., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page thirty-one, subdivision 8.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, paragraph 8.2.c.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"where the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"by the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"to the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-two, subparagraph 8.2.c.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-two, subparagraph 8.2.c.2.D., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-three, subparagraph 8.2.c.2.L., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-three, paragraph 8.3.a.1., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-three, paragraph 8.3.a.1., after the words "and
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-three, paragraph 8.3.c.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, paragraph 9.2.a.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-five, subdivision 10.2.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-six, subparagraph 10.2.d.1.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-six, paragraph 10.2.d.2, by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subparagraph 10.2.e.1.G., by striking
out the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-seven, subdivision 10.3.a., after the word
"the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-seven, subdivision 10.3.a., after the word
"The" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-seven, subdivision 10.4.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.5.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words
"advises the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words
"then the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words
"advises the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words
"resources, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.d., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.e., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty, paragraph 12.3.a.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subsection 13.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, paragraph 13.1.b.5. by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.1.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.2.b., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page forty-one, subdivision 13.2.b., after the word "the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page forty-two, subsection 14.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words "by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words
"variance, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page forty-two, subdivision 15.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-three, subsection 15.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
And,
On page forty-three, subdivision 15.2.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director".
(y)
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section seven-b, article eleven, chapter twenty-
two of this code, relating to the Department of Environmental
Protection (requirements governing water quality standards, 47 CSR
2), is authorized, with the following amendments:
On page two, by striking out subsection 2.20. "Waters of
special concern" in its entirety and renumbering the remaining
subsections;
On page four, by striking out subdivision 4.1.c. in its
entirety and renumbering the remaining subdivisions;
And,
On page four, newly designated 4.1.c. after the word "State",
by changing the period to a comma and adding the following: all
Federally designated rivers under the "Wild and Scenic Rivers Act",
16 U.S.C. §1271 et seq.; all streams and other bodies of water in
state parks which are high quality waters or naturally reproducing
trout streams; waters in national parks and forests which are high
quality waters or naturally reproducing trout streams; waters
designated under the "National Parks and Recreation Act of 1978",
as amended; and pursuant to subsection 7.1. of 60CSR5, those waters
whose unique character, ecological or recreational value, or
pristine nature constitutes a valuable national or state resource.;
And,
On pages sixteen through twenty-six by striking Appendix A and
inserting in lieu thereof the following:
APPENDIX A
CATEGORY B-2 - TROUT WATERS
This list contains known trout waters and is not intended to exclude any waters which meet the definition in Section
2.20. 2.19.
River BasinCountyStream
James River
JMonroeSouth Fork Potts Creek
Potomac River
PJeffersonTown Run
P"Rocky Marsh Run
PBerkeleyOpequon Creek
P"Tuscarora Creek
(Above Martinsburg)
P"Middle Creek
(Above Route 30 Bridge)
P"Mill Creek
P"Hartland Run
P"Mill Run
P"Tillance Creek
PMorganMeadow Branch
PSJeffersonFlowing Springs Run
(Above Halltown)
PS"Cattail Run
PS"Evitt's Run
PS"Big Bullskin Run
PS"Long Marsh Run
PCHampshireCold Stream
PC"Edwards Run and Impoundment
PC"Dillons Run
PCHardyLost River
PC"Camp Branch
PC"Lower Cove Run
PC"Moores Run
PC"North River (Above Rio)
PC"Waites Run
PC"Trout Run
PC"Trout Pond (Impoundment)
PC"Warden Lake (Impoundment)
PC"Rock Cliff Lake (Impoundment)
River BasinCountyStream
PSBHampshireMill Creek
PSB"Mill Run
PSBHardyDumpling Creek
PSBGrant-PendletonNorth Fork South Branch
PSBGrantNorth Fork Lunice Creek
PSB"South Fork Lunice Creek
PSB"South Mill Creek (Above Hiser)
PSB"Spring Run
PSBPendletonHawes Run (Impoundment)
PSB"Little Fork
PSB"South Branch (Above North Fork)
PSB"Senena Creek
PSB"Laurel Fork
PSB"Big Run
Potomac River
PNBMineralNorth Fork Patterson Creek
PNB"Fort Ashby (Impoundment)
PNB"New Creek
PNB"New Creek Dam 14 (Impoundment)
PNB"Mill Creek (Above Markwood)
Monongahela River
MMonongalia-MarionWhiteday Creek
(Above Smithtown)
MCMonongaliaMorgan Run
MC"Coopers Rock (Impoundment)
MC"Blaney Hollow
MCPrestonLaurel Run
MC"Elsey Run
MC"Saltlick Creek
MC"Buffalo Creek
MC"Wolf Creek
MCTuckerClover Run
MC"Elklick Run
MC"Horseshoe Run
MC"Maxwell Run
MC"Red Creek
MC"Slip Hill Mill Branch
MC"Thomas Park (Impoundment)
MC"Blackwater River (Above Davis)
MC"Blackwater River (Below Davis)
MCRandolphCamp Five Run
MC"Dry Fork (Above Otter Creek)
MC"Glady Fork
MC"Laurel Fork
MC"Gandy Creek (Above Whitmer)
MC"East Fork Glady Fork (Above C
& P Compressor Station)
River BasinCountyStream
MCRandolphShavers Fork
(Above Little Black Fork)
MC"Three Spring Run
MC"Spruce Knob Lake (Impoundment)
MWHarrisonDog Run (Pond)
MWLewisStonecoal
MTBarbourBrushy Fork
(Above Valley Furnace)
MT"Teter Creek Lake (Impoundment)
MT"Mill Run
MTTaylor-BarbourTygart Lake Tailwaters
(Above Route 119 Bridge)
MTPrestonRoaring Creek
(Above Little Lick Branch)
MTRandolphTygart River (Above Huttonsville)
MT"Elkwater Fork
MT"Big Run
MTBUpshur-Randolph-LewisRight Fork Buckhannon River
MTBUpshurBuckhannon River
(Above Beans Mill)
MTBUpshurFrench Creek
Monongahela River
MTBUpshur-RandolphLeft Fork Right Fork
MTNUpshurRight Fork Middle Fork River
MTMRandolphMiddle Fork River (Above Cassity)
MYPrestonRhine Creek
Little Kanawha River
LKUpshurLeft Fork-Right Fork Little
Kanawha River)
LKUpshur-LewisLittle Kanawha River
(Above Wildcat)
Kanawha River
KEBraxtonSutton Reservoir
KE"Sutton Lake Tailwaters
(Above Route 38/5 Bridge)
KEWebsterBack Fork
KE"Desert Fork
KE"Fall Run
KE"Laurel Fork
River BasinCountyStream
KE"Left Fork Holly River
KE"Sugar Creek
KE"Elk River (Above Webster Springs)
KCRaleighStephens Lake (Impoundment)
KC"Marsh Fork (Above Sundial)
KGNicholasSummersville Reservoir
(Impoundment)
KG"Summersville Tailwaters
(Above Collison Creek)
KGNicholasDeer Creek
KGRandolph-WebsterGauley River
(Above Moust Coal Tipple)
KGFayetteGlade Creek
KGNicholasHominy Creek
KG"Anglins Creek
KGGreenbrier Big Clear Creek
KG"Little Clear Creek and Laurel Run
KG"Meadow Creek
KGFayetteWolf Creek
KGNicholasCherry River
KGGreenbrier-NicholasLaurel Creek
KG""North Fork Cherry River
KGGreenbrierSummit Lake (Impoundment)
KGGreenbrier-NicholasSouth Fork Cherry River
Kanawha River
KGCPocahontas-Webster-Cranberry River
Nicholas
KGCPocahontasSouth Fork Cranberry River
KGWPocahontasTea Creek
KGWPocahontas-WebsterWilliams River (Above Dyer)
KNRaleighGlade Creek
KNSummersMeadow Creek
KNFayetteMill Creek
KN"Laurel Creek (Above Cotton Hill)
KNRaleighPinch Creek
KNMonroeRich Creek
KN"Turkey Creek
KNFayetteDunloup Creek (Downstream from
Harvey Sewage Treatment Plant)
KNMercerEast River (Above Kelleysville)
KN"Pigeon Creek
KNMonroeLaurel Creek
KNGMonroeKitchen Creek (Above Gap Mills)
KNGGreenbrierCulverson Creek
KNG"Milligan Creek
River BasinCountyStream
KNGGreenbrier-MonroeSecond Creek
(Rt. 219 Bridge to Nickell's Mill)
KNGGreenbrierNorth Fork Anthony Creek
KNG"Spring Creek
KNG"Anthony Creek (Above Big Draft)
KNGPocahontasWatoga Lake
KNG"Beaver Creek
KNG"Knapp's Creek
KNG"Hills Creek
KNG"North Fork Deer Creek
(Above Route 28/5)
KNG"Deer Creek
KNG"Sitlington Creek
KNG"Stoney Creek
KNG"Swago Creek
KNG"Buffalo Fork (Impoundment)
KNG"Seneca (Impoundment)
KNG"Greenbrier River
(Above Hosterman)
KNG"West Fork-Greenbrier River
(Above the impoundment
at the tannery)
KNG"Little River-East Fork
KNG"Little River-West Fork
KNG"Five Mile Run
KNG"Mullenax Run
KNG"Abes Run
KNBMercerMarsh Fork
KNB"Camp Creek
OGWyomingPinnacle creek
BSTMcDowellDry Fork (Above Canebrake)
(z) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section seven-b, article eleven, chapter twenty-
two of this code, relating to the Department of Environmental
antidegradation implementation procedures, 60 CSR 5), is authorized
with the amendment set forth below:
On page two, subsection 3.2. by striking out the words "Tier
2.5 or";
On page three, by striking out subdivision 3.5.a. in its
entirety and by renumbering the remaining subdivisions;
On page three, new subdivision 3.5.a., after the words
"Wilderness Area" by inserting the words "or otherwise included in
47CSR2-4.1.c.";
On page three, new subdivision 3.5.b., after the words
"Wilderness Area" by striking out the words "not listed pursuant to subsection 8.2. and not listed in Appendix A of this rule" and
inserting in lieu thereof, the words "or otherwise included in
47CSR2-4.1.c. or listed pursuant to subsection 7.1. of this rule";
On page three, new subdivision 3.5.d. by striking out the
words "Tier 2.5 or";
On page three, subsection 3.7. by striking out the words "Tier
2.5 or";
On page four, subsection 3.8., by striking out the words "Tier
2.5 or";
On pages nine through eleven, by striking out section six in
its entirety and renumbering the remaining sections;
On page eleven, subsection 7.2., by striking out "47CSR2-
4.1.d." and inserting in lieu thereof the words "47CSR2-4.1.c.";
On page thirteen, by striking out the section caption and
inserting in lieu thereof a new section caption to read as follows:
§60-5-7. Designation of Tier 3 Waters.;
On pages thirteen and fourteen, by striking out section 8.1.
in its entirety and renumbering the remaining subsection;
On page fourteen, new subsection 7.2.a.1., following the words
"nominated segment." by striking out the word "Where" and inserting
in lieu thereof, the following: When a good faith effort to notify
individual property owners has failed, and".
On page fifteen, subsection 9.3. by striking out the words
"2.5,";
On page fifteen, subsection 9.6, after the word "Board", by
striking out the colon and the remainder of the subsection;
On pages sixteen through twenty-one by striking out Appendix
A in its entirety;
And,
On page twenty-two by striking out the caption and inserting
in lieu thereof the caption "APPENDIX A".
§64-3-2. Solid Waste Management Board.
The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section nine-a, article four, chapter twenty-two-c of
this code, modified by the Solid Waste Management Board to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fifth day of December, two
thousand seven, relating to the Solid Waste Management Board
(performance measures and review standards for solid waste
authorities operating commercial solid waste facilities, 54 CSR 6),
is authorized.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 373--A Bill to amend and
reenact article 3, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; continuing rules
previously promulgated by state agencies and boards; legislative
mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to
promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; repealing certain legislative rules;
authorizing the Department of Environmental Protection to
promulgate legislative rules relating to emission standards for
hazardous air pollutants; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to standards of performance for new stationary sources; authorizing
the Department of Environmental Protection to repeal a legislative
rule relating to the ambient air quality standard for nitrogen
dioxide; authorizing the Department of Environmental Protection to
repeal a legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to the control of air pollution from
combustion of solid waste; authorizing the Department of
Environmental Protection to repeal a legislative rule relating to
the prevention and control of emissions from hospital/medical/infectious waste incinerators; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to the control of air pollution from hazardous waste
treatment, storage and disposal facilities; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to the control of annual nitrogen oxides emissions;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of ozone
season nitrogen oxides emissions; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to the control of annual sulfur dioxide emissions; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to greenhouse gas emissions inventory program;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air
pollution from combustion of refuse; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to ambient air quality standards; authorizing the Department of
Environmental Protection to repeal a legislative rule relating to
ambient air quality standards for carbon monoxide and ozone;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining blasting;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining
reclamation; authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to voluntary remediation and development; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
environmental excellence program; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to standards for the beneficial use of filtrate from water
treatment plants; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
Recycling Assistance Grant Program; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to the hazardous waste management system; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to underground storage tanks; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to the National Pollutant Discharge Elimination
System (NPDES) Program; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to WV/NPDES
rules for coal mining facilities; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to requirements governing water quality standards; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to antidegradation implementation procedures; and
authorizing the Solid Waste Management Board to promulgate a
legislative rule relating to performance measures and review
standards for solid waste authorities operating commercial solid
waste facilities.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 373, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 373) passed with its House of Delegates
amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 373) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 565, Relating to increased
real property assessment notice.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, section two-a, line one, before the word "If" by
inserting "(a)";
On page three, section two-a, after line thirty-three, by
inserting a new subsection, designated subsection (b), to read as
follows:
(b) During the initial reappraisal of all property under
section seven, article one-c of this chapter, the tax commissioner
and each county assessor shall send every person owning or
controlling property appraised by the tax commissioner or the
county assessor, as the case may be, a pamphlet which explains the
reappraisal process and its equalization goal in a detailed yet
informal manner. The property valuation training and procedures commission, created under section three, article one-c of this
chapter, shall design the pamphlet for use in all counties while
allowing individual county information to be included if it
determines that the information would improve understanding of the
process.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 565--A Bill to amend and
reenact §11-3-2a of the Code of West Virginia, 1931, as amended,
relating to notices of increased assessment; and requiring notice
of an increase in the assessed valuation of real property only if
the increase is one thousand dollars or more.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 565, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 565) passed with its House of Delegates
amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 565) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Senate Bill No. 570, Allowing county commissions'
involvement in joint development efforts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, section nine-b, lines four and five, by striking
out the words "county commissions, municipalities" and inserting in
lieu thereof the words "county governing bodies, municipal
governing bodies";
On page two, section nine-b, lines fifteen and sixteen, by
striking out the words "county commissions, municipalities" and
inserting in lieu thereof the words "county governing bodies,
municipal governing bodies";
And,
On page two, section nine-b, line twenty-four, by striking out
the words "county commission, municipality" and inserting in lieu
thereof the words "county governing body, municipal governing
body".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 570, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 570) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. House Bill No. 4557, Relating to continuing education for
insurance producers.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Minard, Oliverio and McKenzie.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the sixth order of business,
which agenda includes the making of main motions.
On motion of Senator Bowman, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for House Bill No. 4511, Relating to zoning
ordinance adoption by election or otherwise.
Passed by the Senate on yesterday, Wednesday, March 5, 2008,
The bill now being in the possession of the Senate,
On motion of Senator Bowman, the Senate reconsidered the vote
as to the effective date, title amendment and passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Bowman, the Senate reconsidered the vote
by which on yesterday, Wednesday, March 5, 2008, it adopted the
Government Organization committee amendment to the bill (shown in
the Senate Journal of that day, pages 96 to 103, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of the Government
Organization committee amendment to the bill.
On motion of Senator Bowman, the following amendments to the
Government Organization committee amendment to the bill (Eng. Com.
Sub. for H. B. No. 4511) were reported by the Clerk, considered
simultaneously, and adopted:
On page nine, section thirteen, subsection (j), after the
words "If a governing body" by inserting the words "of a county";
On page nine, section thirteen, subsection (j), after the
words "with the governing body" by inserting the words "of the
county";
And,
On page nine, section thirteen, subsection (j), after the
words "by the governing body" by inserting the words "of the
county".
The question now being on the adoption of the Government
Organization committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4511), as amended, the same was put and prevailed.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4511) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4511) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4511) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Night Session
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. House Bill No. 2930, Providing that an applicant for a
farm use exemption certificate may not be required to appear before
any assessor for renewal.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. H. B. No. 2930) contained in the preceding
report from the Committee on Transportation and Infrastructure was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2967, Creating the "West
Virginia Remembers Program".
Eng. Com. Sub. for House Bill No. 4472, Requiring a board of
education to wait ten days before posting a new job opening
following the death of an employee.
And,
Eng. Com. Sub. for House Bill No. 4554, Testing school bus
operators every other year.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2967, 4472 and
4554) contained in the preceding report from the Committee on
Education were each taken up for immediate consideration, read a
first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4021, Revising mining safety
equipment requirements and enhancing penalties for crimes against
mining property.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4021) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4022, Relating to
compensation and expenses of panel attorneys providing public
defender services.
With amendments from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 4, 2008;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 4038, Allowing the Division of Labor to
promulgate Rules to license elevator workers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. H. B. No. 4038) contained in the preceding
report from the Committee on Government Organization was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4041, Relating to the
regulation and treatment of the production of natural gas and
coalbed methane.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4041) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4047, Prohibiting the use of
cell phone and text-messaging devices while operating a motor
vehicle except when using a hands-free device or in the case of an
emergency.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4047) contained in
the preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee reference, was then referred to the Committee on
the Judiciary, with an amendment from the Committee on
Transportation and Infrastructure pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4059, Relating to medical qualifications for school bus operators.
With an amendment from the Committee on Health and Human
Resources pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Education on March 4, 2008;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Health and Human Resources to
which the bill was first referred; and as last amended by the
Committee on Education.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4092, Changing the
requirements for licensure as a forester or forestry technician and
giving the Board of Foresters rule-making authority.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4092) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4331, Eliminating the
requirement to send surrendered driver's licenses back to the
original state of licensure.
With an amendment from the Committee on Transportation and
Infrastructure pending;
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 4, 2008;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Transportation and
Infrastructure to which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 4333, Relating to requiring an insurance company to withhold a specified amount from insurance
proceeds to cover costs of fire cleanup of a structure.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4333) contained in
the preceding report from the Committee on Banking and Insurance
was taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4348, Adding language to the code for fees
for tests and certificates that were already imposed.
With an amendment from the Committee on the Judiciary pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4348) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4402, Relating to compulsive
gambling.
With amendments from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 5, 2008;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 4404, Discount Medical Plan
Organizations and Discount Prescription Drug Plan Organizations
Act.
With an amendment from the Committee on Health and Human
Resources pending;
Now on second reading, having been read a first time and
referred to the Committee on Banking and Insurance on March 4,
2008;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Health and Human Resources to
which the bill was first referred.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4438, Relating to air
pollution control.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4438) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4465, Relating to fees charged by the
Secretary of State.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2008;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4474, Relating to registered
nurses required in operating rooms.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing
report from the Committee on Health and Human Resources.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4474) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4477, Relating to payment of GED exam
fees.
Eng. House Bill No. 4670, Authorizing the Public Employees
Insurance Agency to charge interest to employers on amounts not
paid on time.
And,
Eng. House Bill No. 4684, Amending the West Virginia Film
Industry Investment Act.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Eng. H. B. Nos. 4477, 4670 and 4684) contained
in the preceding report from the Committee on Finance were each
taken up for immediate consideration, read a first time and ordered to second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4495, Limiting the use of
the titles "registered nurse", "nurse practitioner", and "nurse" to
certain qualified individuals.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4495) contained in
the preceding report from the Committee on Health and Human
Resources was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4513, Relating to the reimbursement of
costs for newborn screenings.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 29, 2008;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4515, Relating to reports by
health care providers of persons incompetent to drive an
automobile.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Health and Human Resources.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4515) was taken up
for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4524, Relating generally to
the ethical standards of public officers, employees and lobbyists.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4524) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4527, Allowing county
commissions to regulate subdivisions and land development without
adopting a plan.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4527) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4567, Attracting private investment for
the financing, construction and operation of additional lodging
units at Stonewall Jackson Lake State Park.
With amendments from the Committee on Natural Resources
pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Natural Resources to which the
bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4567) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4617, Allowing
e-notification by using e-certified cards for verification of
certified mail acceptance to the court of origin for service of
process.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4617) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4619, Collaborative Family Law Proceedings.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4619) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4665, Herbert Henderson
Office of Minority Affairs.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4665) contained in the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4476, Public-Private
Transportation Facilities Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger requested unanimous consent that the bill (Eng.
Com. Sub. for H. B. No. 4476) contained in the preceding report
from the Committee on Transportation and Infrastructure be taken up
for immediate consideration.
Which consent was not granted, Senator Yoder objecting.
On motion of Senator Unger, the bill (Eng. Com. Sub. for H. B.
No. 4476) contained in the preceding report from the Committee on
Transportation and Infrastructure was taken up for immediate
consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to
the Committee on Finance, with amendments from the Committee on
Transportation and Infrastructure pending.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Barnes, and by unanimous consent, it
was ordered that the Journal show had Senator Barnes been present
in the chamber on yesterday, Wednesday, March 5, 2008, he would
have voted "yea" on the passage of Engrossed Committee Substitute
for Senate Bill No. 493, Engrossed Committee Substitute for Senate
Bill No. 494, Engrossed Committee Substitute for Senate Bill No.
507, Engrossed Committee Substitute for Senate Bill No. 519,
Engrossed Senate Bill No. 775, Engrossed Committee Substitute for
House Bill No. 2881, Engrossed Committee Substitute for House Bill
No. 3056, Engrossed Committee Substitute for House Bill No. 3065,
Engrossed House Bill No. 4019, Engrossed Committee Substitute for
House Bill No. 4028 Engrossed House Bill No. 4069, Engrossed House
Bill No. 4072, Engrossed House Bill No. 4073, Engrossed House Bill
No. 4080, Engrossed House Bill No. 4085, Engrossed Committee
Substitute for House Bill No. 4099, Engrossed Committee Substitute
for House Bill No. 4124, Engrossed Committee Substitute for House
Bill No. 4137, Engrossed Committee Substitute for House Bill No.
4141, Engrossed Committee Substitute for House Bill No. 4144,
Engrossed Committee Substitute for House Bill No. 4206, Engrossed
Committee Substitute for House Bill No. 4209, Engrossed Committee
Substitute for House Bill No. 4244, Engrossed Committee Substitute
for House Bill No. 4255, Engrossed Committee Substitute for House Bill No. 4355, Engrossed Committee Substitute for House Bill No.
4368, Engrossed House Bill No. 4388, Engrossed Committee Substitute
for House Bill No. 4421, Engrossed Committee Substitute for House
Bill No. 4423, Engrossed Committee Substitute for House Bill No.
4482, Engrossed House Bill No. 4490, Engrossed Committee Substitute
for House Bill No. 4500, Engrossed Committee Substitute for House
Bill No. 4511, Engrossed Committee Substitute for House Bill No.
4557, Engrossed Committee Substitute for House Bill No. 4607,
Engrossed Committee Substitute for House Bill No. 4624 and
Engrossed House Bill No. 4628.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 7, 2008, at 11 a.m.
____________