WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FIFTY-SEVENTH DAY
____________
Charleston, W. Va., Wednesday, March 5, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Alford Duncan, New Covenant
Fellowship Church, Lumberport, West Virginia.
Pending the reading of the Journal of Tuesday, March 4, 2008,
On motion of Senator Bowman, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 101, Exempting nonprofit companies
providing electricity from property tax.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 270, Eliminating provisions requiring
circuit clerks handle and disburse inmate moneys.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 272, Clarifying "telemarketing
solicitation" definition.
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 amendment, as to
Eng. Com. Sub. for Senate Bill No. 493, Granting emergency
election powers to Secretary of State.
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 four, section six, lines sixty-one through seventy, by
striking out all of subsection (e) and inserting in lieu thereof a
new subsection (e), to read as follows:
(e) (1) The Secretary of State shall also have the power,
after consultation with the Secretary of the Department of Military
Affairs and Public Safety, to implement emergency procedures and
rules to ensure that all eligible voters have the opportunity to
cast a valid ballot and to uphold the integrity of an election in
the event of natural disaster as declared by the Governor of this
state, terrorist attack, war, or general emergency, if any of which
occur during or immediately preceding an election.
(2) For purposes of this subsection, a "general emergency"
means circumstances preventing the casting of ballots in one or more voting precincts. The chief judge of the circuit court of the
county where the casting of ballots is being prevented must declare
by order that a general emergency exists.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 493, as
amended by the House of Delegates, was then 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: None.
Absent: Barnes and Sharpe--2.
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. 493) 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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 493) 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, 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. 494, Providing voter
verification through electronic poll book.
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 fourteen, section seventeen, lines thirty-eight and
thirty-nine, by striking out the words "supply the precinct with"
and inserting in lieu thereof the word "authorize";
And,
On page fourteen, section seventeen, line forty, after the
word "election." by inserting the following: A printed poll book
shall accompany the electronic poll book to each precinct.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 494, as
amended by the House of Delegates, was then 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: None.
Absent: Barnes and Sharpe--2.
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. 494) 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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 494) 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, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 495, Requiring certain poll
worker training.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 496, Protecting voter
registration information.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 505, Creating Veterans
Cemetery Fund from lottery proceeds.
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, to take effect from passage, and requested the concurrence
of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 507, Clarifying voting
procedures.
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 Senate Bill No. 507--A Bill to amend and
reenact §3-1-20, §3-1-22, §3-1-29, §3-1-34 and §3-1-41 of the Code
of West Virginia, 1931, as amended, all relating to general provisions and definitions for elections; requiring cards of
instructions to voters to include notice as to effect of voting
provisional ballot and right to request location of correct
precinct; requiring posting of cards of instruction at voting
places; requiring board of ballot commissioners to provide election
officials with a list of county precincts and voter registration
records; eliminating provisions requiring election official
trainees to be volunteers receiving credits for high school diploma
and to be appointed by county commission or municipality where the
election is held; clarifying that prohibition against using
counting board in special elections is discretionary with the
county commission; requiring poll clerk to notify prospective voter
of effect of voting provisional ballot and of correct precinct in
which to vote; and updating language relating to signatures to
reflect use of electronic poll books and other electronic devices.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Senate Bill No. 507, as
amended by the House of Delegates, was then 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: None.
Absent: Barnes and Sharpe--2.
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. 507) 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, 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: None.
Absent: Barnes and Sharpe--2.
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. 507) 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, to take effect from
passage, of
Eng. Senate Bill No. 512, Increasing number of Records
Management and Preservation Board members.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 514, Permitting electronic
mail absentee voting.
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. 519, Extending Hazardous
Waste Material Management Fee Fund sunset provision.
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 18. HAZARDOUS WASTE MANAGEMENT ACT.
§22-18-22. Appropriation of funds; Hazardous Waste Management
Fund.
(a) The net proceeds of all fines, penalties and forfeitures
collected under this article shall be appropriated as directed by
article XII, section five of the Constitution of West Virginia.
For the purposes of this section, the net proceeds of the fines,
penalties and forfeitures shall be considered the proceeds
remaining after deducting therefrom those sums appropriated by the
Legislature for defraying the cost of administering this article.
All permit application fees collected under this article shall be paid into the State Treasury into a special fund designated the
Hazardous Waste Management Fund. In making the appropriation for
defraying the cost of administering this article, the Legislature
shall first take into account the sums included in that special
fund prior to deducting additional sums as may be needed from the
fines, penalties and forfeitures collected pursuant to this
article.
(b) Effective on the first day of July, two thousand three,
and for the next two fiscal years, there is imposed an annual
certification fee for facilities that manage hazardous waste, as
defined by the federal Resource Conservation and Recovery Act, as
amended. The fee will be set by rule promulgated by the secretary
in accordance with the provisions of article three, chapter
twenty-nine-a of this code. The rule shall be a product of a
negotiated rule-making process with the facilities subject to the
rule. The rule shall, at a minimum, establish different fee rates
for facilities based on criteria established in the rule. The
total amount of fees generated shall raise no more funds than are
necessary and adequate to meet the matching requirements for all
federal grants which support the hazardous waste management
program, but shall not exceed seven hundred thousand dollars per
year.
(c) The revenues collected from the annual certification fee
shall be deposited in the State Treasury to the credit of the
Hazardous Waste Management Fee Fund, which is hereby established
continued. Moneys of the fund, together with any interest or other return earned thereon, shall be expended to meet the matching
requirements of federal grant programs which support the hazardous
waste management program. Expenditures from the fund shall be are
for the purposes set forth in this article and are not authorized
from collections, but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code. Provided, That for the fiscal year ending the
thirtieth day of June, two thousand four, expenditures are
authorized from collections rather than pursuant to an
appropriation by the Legislature. Amounts collected which are
found, from time to time, to exceed the funds needed for purposes
set forth in this article may be transferred to other accounts by
appropriation of the Legislature.
(d) The fee provided for in subsection (b) of this section and
the fund established in subsection (c) of this section shall
terminate on the thirtieth day of June, two thousand eight ten.
The division department shall, by the thirty-first day of December
of each year, report to the Joint Committee on Government and
Finance regarding moneys collected into the Hazardous Waste
Management Fee Fund and expenditures by the agency, including any
federal matching moneys received and providing an accounting on the
collection of the fee by type of permit activity, funds being
expended and current and future projected balances of the fund.;
And,
Eng. Com. Sub. for Senate Bill No. 519--A Bill to amend and
reenact §22-18-22 of the Code of West Virginia, 1931, as amended,
relating to extending the termination date of the Hazardous Waste
Management Fee Fund to the thirtieth day of June, two thousand ten.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 519, as
amended by the House of Delegates, was then 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: None.
Absent: Barnes and Sharpe--2.
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. 519) 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, 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: None.
Absent: Barnes and Sharpe--2
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. 519) 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. 580, Authorizing magistrate
courts to accept unsigned citation payments.
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. 619, Defining certain
external defibrillators' user terms.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 654, Finding and declaring certain claims
against state.
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. 775, Relating to state parks and state
forests.
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 three, section nineteen, line twenty, after the word
"Panther" by inserting the words "Forest/WMA, consisting of
approximately twenty-six acres containing park facilities".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 775, as amended by the House of
Delegates, was then 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: None.
Absent: Barnes and Sharpe--2.
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. 775) 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 concurrence by that body in the adoption of
Senate Concurrent Resolution No. 40, Requesting Division of
Highways name bridge in Cabell County, "Phyllis E. Given Memorial
Bridge".
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 three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 4074, Creating an Office for
Oral Health under the Bureau for Public Health and authorizing a
full time director.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Perdue, Marshall and Blair.
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 three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 4364, Amending various
requirements for motor vehicle dealers.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Hrutkay, Tabb and Schadler.
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, of
Eng. House Bill No. 4478, Limiting the mid-year transfer of certain school employees working with students with
exceptionalities.
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. 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").
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 five 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 Helmick, Foster, Plymale, Oliverio and Hall.
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 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. House Bill No. 4677, Reducing the requirement that the
Director of Personnel must have five years experience in personnel
management.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the
adoption as amended, with its Senate amended title, of
House Concurrent Resolution No. 35, The "Noah Stephens
Bridge".
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. 71--Requesting the Joint
Committee on Government and Finance to study compensating state
troopers for off-duty time when required to be on standby to be
called back to work.
Whereas, There are areas of the state with limited staffs of
law-enforcement officers to respond to emergencies. As a result,
off-duty state troopers in these areas are restricted in their
plans while off-duty because they are all too often called on and
become responsible for answering the calls for these various
emergencies; and
Whereas, There should be a method of compensating these
troopers for responding to emergency calls during their off-duty
times; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study compensating state troopers for off-duty time
when required to be on standby to be called back to work; and, be
it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid form legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Finance; 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. 74--Requesting the Joint
Committee on Government and Finance to study the need for a
comprehensive, collaborative entity made up of experts in
prevention, treatment and intervention to plan and coordinate West
Virginia's response to the problem of substance abuse.
Whereas, Substance abuse continues to take a devastating toll
on West Virginia's citizens, families and communities; and
Whereas, The combined annual cost of the effects of substance
abuse in West Virginia is approaching two billion dollars according
to the Public Consulting Group in a report to the Bureau for
Behavioral Health and Health Facilities; and
Whereas, West Virginia has the highest death rate from drug
overdose for adults under age forty-five; and
Whereas, Prescription drug abuse has reached alarming levels
in West Virginia; and
Whereas, Many controlled substances have useful, legitimate,
and scientific purposes, and are necessary for appropriate pain
management; and
Whereas, The United State Congress declared its intention to
assist state and local communities by making grants available to
those states that establish and maintain a substance abuse
prevention and intervention planning body; and
Whereas, Substance abuse and mental health prevention
activities and public health awareness programs should be
coordinated across Bureaus and across the state utilizing a
partnership that should include leadership from both the executive
branch and the legislative branches of state government; and
Whereas, Pursuant to the declarations of Congress, the
Governor has established the West Virginia Partnership to Promote
Community Well-Being by Executive Order No. 8-04; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need for a comprehensive, collaborative
entity made up of experts in prevention, treatment and intervention
and law enforcement to plan and coordinate West Virginia's response
to the problem of substance abuse; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, as part of the study, review provisions in state law and
policies regarding pain management and consider how best to prevent the diversion of prescription medication without impeding pain
control for patients with a legitimate medical need for pain
management prescription drugs; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, as part of the study, consider whether physicians
prescribing controlled substances should be required to review the
West Virginia Board of Pharmacy's online Prescription Drug
Monitoring Program before prescribing and that part of the study
include a review of the appropriate use and access by various
groups of the Board of Pharmacy's Prescription Drug Monitoring
Program; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, as part of the study, consider the development of a
community-based, data-driven behavioral health promotion system
that relies on evidence-based practice using models such as the
Strategic Prevention framework, to build local capacity and develop
a statewide support system using a regional technical
assistance/consulting model; and, be it
Further Resolved, That the Joint Committee on Government and
Finance, as part of the study, consider the identification of a
comprehensive, coordinated approach to aggregate and review data
regarding substance abuse in West Virginia, to develop policy
positions for legislative consideration and to work to create a
public media campaign to educate the public on the issues related
to substance abuse; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider the codification of a
coordinating body to assure collaboration amongst all the agencies
and entities; and, be it
Further Resolved, That the Joint Committee of 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. 79--Requesting the Joint
Committee on Government and Finance study the feasibility of
election day registration in and for the State of West Virginia.
Whereas, Democracy is served best when the highest possible
number of citizens participate; and
Whereas, In West Virginia, election turnout lags behind the
country. In the 2004 presidential elections, the national turnout
average was 60.3% where the turnout in West Virginia was only
53.25%; and
Whereas, Voter rates among young people are particularly
disheartening; and
Whereas, Currently in West Virginia, voter registration
applications must be postmarked twenty-one days before election
day; and
Whereas, At the same time, the greatest share of news
attention to elections occurs in the week before the election
itself, after the deadline for voter registration has passed; and
Whereas, There is no evidence that the act of registering to
vote in advance has any correlation to level of political knowledge
or interest; and
Whereas, Currently there are nine states that have some form
of election day or same day voter registration. Those states
include states that are largely rural such as Maine, Idaho and
Iowa, as well as states with a mix of rural and urban populations,
such as Minnesota and Wisconsin; and
Whereas, The states of Maine, Wisconsin and Minnesota have had
election day registration since the 1970s, while Iowa and North
Carolina passed their measures in 2007; and
Whereas, Election day registration is a reform that has shown
to have a positive impact on election turnout, especially among
young people; and
Whereas, States that permit election day registration states
consistently boast higher turnout than non-election day
registration states. In the 2004 Presidential race, election day
registration states had an average turnout twelve percentage points higher than the average turnout for non-election day registration
states; and
Whereas, While that full increase cannot likely be attributed
to election day registration alone, research shows that at least
three to six percentage points of the increase is directly related
to election day registration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study the
feasability of election day registration and its potential impact
on elections and on voter turnout 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 the 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. 80--Requesting the joint committee on government and finance to make a study on promoting a
safe and productive learning environment.
Whereas, Students, teachers and other school personnel have a
right to a safe and conducive learning environment free from
disruptive behavior that has a negative affect on student learning
both for the students directly involved and others whose learning
environment is disrupted; and
Whereas, Inappropriate behavior can cause interruption of
teachers' lessons and affect the general frame of mind of students
and their ability to concentrate on learning; and
Whereas, Research shows that repeated bullying, violence and
related inappropriate behaviors contribute to depression, social
anxiety, decreased self-esteem, anger, and sadness and are
associated with negative school outcomes such as poor academic
performance and absenteeism by the affected students and
bystanders; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to make a study on promoting a safe and productive
learning environment, including, but not limited to, in-school,
after-school and Saturday-school programs for students who violate
rules for appropriate school behavior, a state residential
alternative education center for serious behavior code offenders
and protecting the reputation and record of school personnel when
allegations of child abuse arising from disciplinary enforcement
are unsubstantiated; and, be it
Further Resolved, That the said joint committee on government
and finance is requested conduct the study and prepare a report of
its findings, conclusions and recommendations together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the joint committee on government and
finance is requested to 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 are
requested to be paid from legislative appropriations to the joint
committee on government and finance.
Referred to the Committee on Education; 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. 81--Requesting the joint
committee on government and finance to make a study on providing
supplemental state aid for the instruction of English as a Second
Language(ESL)/Limited English Proficient (LEP) students and
removing statutory and regulatory limitations on program delivery.
Whereas, West Virginia collects data for Federal funding on
the number of ESL/LEP students in the schools and that data shows that some counties must provide instruction for significant and
growing numbers of ESL/LEP students while others do not, thus
creating unequal demands on instructional dollars of different
counties; and
Whereas, Strong ESL/LEP definitions, testing, student
identification, counting and monitoring regulations are currently
in place to comply with federal law and reporting requirements; and
Whereas, Providing supplemental state aid and removing
statutory and regulatory barriers limitations on the instruction of
(ESL)/(LEP) students helps lessen the burden of serving these
students with special needs; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to make a study on providing supplemental state aid for
the instruction of English as a Second Language(ESL)/Limited
English Proficient (LEP) students and removing statutory and
regulatory limitations on program delivery; and, be it
Further Resolved, That the said joint committee on government
and finance is requested conduct the study and prepare a report of
its findings, conclusions and recommendations together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the joint committee on government and
finance is requested to 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 are
requested to be paid from legislative appropriations to the joint
committee on government and finance.
Referred to the Committee on Education; 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. 82--Requesting the joint
committee on government and finance to make a study to improve the
expediency and efficiency of school level, county board and
regional education service agency accounting and auditing practices
and procedures.
Whereas, Schools, county boards and regional education service
agencies raise and expend funds in a variety of ways and for a
variety of purposes; and
Whereas, Schools, county boards and regional education service
agencies have limited personnel to supervise financial accounts;
and
Whereas, The establishment of more expedient and efficient
accounting and auditing practices and procedures for schools,
county boards and regional education service agencies would help
make them more accountable and less subject to question for funds
raised and expended; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to make a study to improve the expediency and efficiency
of school level, county board and regional education service agency
accounting and auditing practices and procedures; and, be it
Further Resolved, That the said joint committee on government
and finance is requested conduct the study and prepare a report of
its findings, conclusions and recommendations together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the joint committee on government and
finance is requested to 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 are
requested to be paid from legislative appropriations to the joint
committee on government and finance.
Referred to the Committee on Education; 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. 83--Requesting that the Joint
Committee on Government and Finance authorize the study of meeting and conference rights for members of fire departments employed by
political subdivisions.
Whereas, "Meet and confer" practices are interest-based
negotiations in which neither the employer nor the employee is
mandated to meet or come to an agreement; and
Whereas, Municipalities around the country have accepted the
practice of "meet and confer" so that employees may negotiate and
reach agreements with their employers on issues concerning wages,
hours, benefits and other terms and conditions of employment; and
Whereas, The fair and equitable treatment of all fire
department employees in West Virginia is essential to the effective
operation of local governments and the promotion of better morale
and efficiency among these emergency responders; and
Whereas, The effectiveness and efficiencies of municipalities
are improved by a constructive and cooperative working relationship
between a local government and its employees; and
Whereas, It is important to study whether a "meet and confer"
practice improves the present system of communication between a
local government and its emergency responders and is necessary for
matters pertaining to wages, hours, benefits and other terms and
conditions of employment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study meeting and conference rights for members of
fire departments employed by political subdivisions; 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.
Referred to the Committee on Government Organization; 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. 3215, Removing the
administrative link between Shepherd University and Blue Ridge
Community and Technical College.
With amendments from the Committee on Education pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 28, 2008;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4150, Requiring the
purchasing of American-made flags with state funds.
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,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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. 4381, Relating to an
assigned risk plan and guaranty association account for workers'
compensation insurance.
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,
Jeffrey V. Kessler,
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 the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4381) 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. House Bill No. 4644, Relating to the forfeiture of bail.
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. H. B. No. 4644) 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 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
House Concurrent Resolution No. 28, Requesting the Joint Committee on Government and Finance to study the development of
clean coal technologies such as coal liquefaction.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 78--
Requesting the Joint
Committee on Government and Finance study new requirements
regarding restoration of the Chesapeake Bay and impacts upon West
Virginia communities.
Whereas, The Chesapeake Bay is a valuable natural resource
providing both recreational and economic opportunities to citizens
living in and around the Chesapeake Bay basin; and
Whereas, The Chesapeake Bay has been identified by the United
States Environmental Protection Agency as an impaired water due to
excess nitrogen and phosphorous, commonly referred to as nutrients,
entering the Bay from its various tributaries and resulting in
depleted dissolved oxygen supplies and other factors which impact
the overall health of the Chesapeake Bay; and
Whereas, West Virginia waters located in the Chesapeake Bay watershed contribute nutrients to the Chesapeake Bay; and
Whereas, West Virginia, Maryland, Virginia, Delaware,
Pennsylvania, New York and the District of Columbia have agreed to
reduce the amount of nutrients contributed to the Chesapeake Bay by
sources located within their respective jurisdictions; and
Whereas, Publicly owned wastewater treatment facilities in the
Chesapeake Bay watershed are required to prepare a plan of action
for achieving loading limits for nutrients that will likely require
reductions nutrient releases from their operations; and
Whereas, On a case by case basis, costs associated with
wastewater treatment improvements necessary to lower overall
nutrient loading to the Chesapeake Bay will likely result in
substantial rate increases for an essential public service and
deferral or cancellation of other critical infrastructure
extensions and/or improvements; and
Whereas, Economic health and continued economic development
and the extension of public services in the Chesapeake Bay
watershed is essential to the future of communities in the
watershed and the State of West Virginia; and
Whereas, West Virginia is committed to establishing a fair and
equitable program to assist in funding necessary improvements to
protect the Chesapeake Bay while also protecting the economic
interests and vitality of the Chesapeake Bay watershed; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study new requirements regarding restoration of the
Chesapeake Bay and impacts upon West Virginia communities; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance review and recommend funding mechanisms to assist in
off-setting the costs associated with the installation of enhanced
nutrient removal technology by publicly owned wastewater treatment
facilities; 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.
Senators McCabe, Jenkins and Foster offered the following
resolution:
Senate Concurrent Resolution No. 79--
Requiring the State
Superintendent of the Department of Education develop and present
a plan to implement a new quality-driven process improvement
philosophy that will address the redesign of the state's public
education system.
Whereas, Public education consumes 47 percent of West Virginia's Annual General Revenue Fund with annual expenditures in
excess of $1.8 billion; and
Whereas, West Virginia is ranked seventh by percentage
increase in teacher salary increases (growth) since 2005; and
Whereas, The total salary and benefit needs of teachers and
support personnel exceed the State of West Virginia's annual budget
for public education; and
Whereas, The public education system in West Virginia has
developed incrementally over time and, in some cases, has become
disjointed, cumbersome, inefficient, and lacks the effectiveness
that is desired by students, parents, teachers, support personnel,
administration and the Legislature; and
Whereas, The amount of funding needed to adequately address
the salary and benefits of teachers and support personnel can only
reasonably come from redesigning the system of public education in
West Virginia; and
Whereas, Successful systems redesign depends on the
involvement of a cross section of employees of the State Department
of Education and the county school systems in identifying needed
changes, developing a plan to implement changes and accepting the
significant changes as a part of how they perform their jobs; and
Whereas, Significant systems change must include defining the
problems, including current benchmarks, setting of annual goals and
targets, measuring the inputs and outputs, analyzing the data,
designing simplified and improved processes, and overseeing the
process implementation to assure benefits and sustain continuous improvement; and
Whereas, Creating significant and meaningful change in the
public education system in West Virginia is a multiyear, systemwide
endeavor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requires the Superintendent of the
Department of Education to develop and present a plan to implement
a new quality-driven process improvement philosophy that will
address the redesign of the state's public education system; and,
be it
Further Resolved, That the Superintendent present to the
Legislative Oversight Commission on Education Accountability a
redesign plan for the public education system within the Department
of Education and the 55 county school systems that reflects the
philosophy set forth in this resolution. This plan shall include
the training of a work group, consisting of at least one hundred
participants who proportionally represent department employees,
county administrators, public school teachers and support
personnel, in bench marking metrics and problem solving
methodology. This group will work with in-house experts or
consultants to disseminate new definitions of performance
expectations for quality outcomes and encourage and direct on-going
system redesign to ensure efficient and effective public education
delivery; and, be it
Further Resolved, That the plan would be designed to be
implemented in phases over four years with up to seventy-five percent of the operating cost savings to be redirected to salary
and benefits for employees of the public education system; and, be
it
Further Resolved, That the Superintendent of the Department of
Education shall make an annual report to the Legislative Oversight
Commission on Education Accountability.
Which, under the rules, lies over one day.
Senators McCabe and Foster offered the following resolution:
Senate Concurrent Resolution No. 80--
Requiring the Secretary
of the Department of Health and Human Resources develop and present
a plan to implement a new quality-driven process improvement
philosophy that will address the redesign of service delivery
systems within the Department of Health and Human Resources.
Whereas, The Department of Health and Human Resources is
comprised of five bureaus that administer social service programs
to promote the positive growth and development of children, youth
and their families; that provide economic services to those West
Virginians who qualify for food stamps, public assistance payments
and medical services; that administer public health programs to
promote and support the well being of all the state's citizens;
that administer behavior health programs to improve the quality of
life for people with or at risk for substance abuse, mental
illness, or developmental disabilities, and that administer child
support enforcement programs to promote parental responsibility and
minimize taxpayer burden; and
Whereas, The budget for the Department of Health and Human Resources consumes $842,393,833 dollars of the total state budget;
and
Whereas, The lack of a clear and consistent pay scale within
the Department of Health and Human Resources has resulted in high
turnover rates and employee discontent; and
Whereas, The funding needed by the department to provide
required services and to adequately address the salary and benefit
needs of its employees must include savings from a redesign of its
service delivery systems; and
Whereas, Successful systems redesign depends on the
involvement of a cross section of employees in identifying needed
changes, developing a plan to implement changes and accepting the
significant changes as a part of how they perform their jobs; and
Whereas, Significant systems change must include defining the
problems including current benchmarks, setting of annual goals and
targets, measuring the inputs and outputs, analyzing the data,
designing simplified and improved processes, and overseeing the
process implementation to assure benefits and sustain continuous
improvement; and
Whereas, Creating significant and meaningful change in the
service delivery systems in the West Virginia Department of Health
and Human Resources is a multiyear, systemwide endeavor; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requires the Secretary of the
Department of Health and Human Resources to develop and present a plan to implement a new quality-driven process improvement
philosophy that will address the redesign of service delivery
systems within the Department of Health and Human Resources; and,
be it
Further Resolved, That the redesign plan for the service
delivery systems within the Department of Health and Human
Resources reflects the philosophy set forth in this resolution.
This plan shall include the training of a work group, consisting of
at least one hundred participants who proportionally represent
employees and service areas across the department, in bench marking
metrics and problem solving methodology. This group will work with
in-house experts or consultants to disseminate new definitions of
performance expectations for quality outcomes and encourage and
direct on-going system redesign to ensure efficient and effective
service delivery; and, be it
Further Resolved, That the plan would be designed to be
implemented in phases over four years with up to seventy-five
percent of the operating cost savings to be redirected to salary
and benefits of employees of the Department of Health and Human
Resources; and, be it
Further Resolved, That the Secretary of the Department of
Health and Human Resources shall make an annual report to the
Legislative Oversight Commission on Health and Human Resources
Accountability.
Which, under the rules, lies over one day.
Senators McCabe, Kessler, Foster, Stollings, Hall, Barnes, Love, Jenkins and Boley offered the following resolution:
Senate Concurrent Resolution No. 81--Requesting the committees
on Finance of both houses of the Legislature jointly conduct a
detailed study of the reimbursement rate structures and rate
adjustment processes for private providers paid by the Department
of Health and Human Resources.
Whereas, The Department of Health and Human Resources relies
upon and contracts with private providers to provide many mandated
services to the citizens of the State of West Virginia; and
Whereas, The Department of Health and Human Resources has
total and absolute control and authority to establish the rates it
pays to private providers for the provision of these services; and
Whereas, There is widespread inconsistency in how the
Department of Health and Human Resources establishes rates for
various types of providers in various programs. Some providers,
such as hospitals and nursing homes, have their reimbursement rates
reviewed and adjusted annually. Providers in other programs have
gone as long as fourteen years without having a reimbursement rate
adjustment; and
Whereas, The cost of doing business for providers increases
from year to year based upon the consumer price index (for January
2008 the rate was 4.28 percent) and the United States Department of
Labor employee cost index; and
Whereas, Stagnate reimbursement rates make it difficult for
private providers to compete for and retain high quality staff; and
Whereas, Adequate reimbursement rates are required in order to ensure that private providers are able to provide quality care and
services to the citizens of this state; and
Whereas, The provision of high quality and effective community
based services prevents the increased utilization of more costly
institutionally based services, thereby resulting in an overall
savings to the state; and
Whereas, It is in the public interest for the Legislature to
explore alternative structures and processes for reviewing and
adjusting reimbursement rates paid by the Department of Health and
Human Resources to private providers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the committees on Finance
of both houses of the Legislature jointly conduct a detailed study
of the reimbursement rate structures and rate adjustment processes
for private providers paid by the Department of Health and Human
Resources; and, be it
Further Resolved, That the study shall examine all rates paid
to all types of providers including, but not limited to,
residential care providers, foster parents, developmental
disability service providers and comprehensive community mental
health centers. The study will also examine the feasibility of
establishing an annual rate review process within the Department of
Health and Human Resources which may include a mechanism for
implementing annual cost of living increases; and, be it
Further Resolved, That the committees on Finance jointly
report back to the Legislature no later than the first day of January, 2009, with a report and recommendations concerning their
findings so that the Legislature may promptly act upon the
commencement of the 2009 regular session of the West Virginia
Legislature should the Legislature determine that it is appropriate
to do so in light of the report and recommendations of the
Committees on Finance.
Which, under the rules, lies over one day.
Senators Plymale, Edgell and Unger offered the following
resolution:
Senate Concurrent Resolution No. 82--
Amending Joint Rules of
the Senate and House of Delegates.
Resolved by the Legislature of West Virginia:
That Joint Rule No. 5 of the Joint Rules of the Senate and the
House of Delegates be amended to read a follows:
Bill Processing
5. (a) In every regular session beginning after the effective
date of this rule, legislation recommended by the Governor or by
executive departments or agencies is requested to be filed in the
respective Clerks' offices and a copy sent to Legislative Services,
no later than the tenth day of each regular session of a
Legislature.
(b) No bill or joint resolution shall be considered on third
reading in its house of origin after the fiftieth fortieth day,
unless authorization shall be granted by a concurrent resolution
adopted by a two-thirds vote of the members present of both houses:
Provided, That the budget bill, or any salary or supplementary appropriation bills may be considered at any time.
(c) This rule may be suspended by adopting a concurrent
resolution approved by a two-thirds majority of those present and
voting in each house. A house desiring to suspend this rule may
adopt a concurrent resolution and proceed as if the concurrent
resolution had been adopted in both houses and the rule suspended.
Any bill or joint resolution passed pursuant to such concurrent
resolution may be communicated to the other house with the
concurrent resolution or at any time after the concurrent
resolution has been communicated to the other house. The other
house may proceed to consider such bill or joint resolution only
after adopting the concurrent resolution.
The provisions of this rule shall not apply to any extended
regular session or to any extraordinary session.
Which, under the rules, lies over one day.
Senators
Kessler, McKenzie, Bowman, Edgell, Tomblin (Mr.
President), Bailey, Barnes, Boley, Caruth, Chafin, Deem, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Stollings, Sypolt, Unger, Wells, White and Yoder
offered the
following resolution:
Senate Resolution No. 32--Memorializing the life the Honorable
Arch W. Riley, former member of the West Virginia Senate, prominent
attorney and distinguished West Virginian.
Whereas, Arch W. Riley was born November 11, 1930, in
Wheeling, Ohio County, the son of Robert J. and Ellen (Wilson) Riley; and
Whereas, Arch W. Riley received his education at Georgetown
Preparatory School of Washington, D. C., University of Oklahoma and
West Virginia University, receiving an A. B. and LL. B degree; and
Whereas, Arch W. Riley was married to his beloved wife Rose
and was the proud father of three children, daughter, Wendy Daroczy
and sons, Arch W. Riley, Jr., and Christopher P. Riley; and
Whereas, As a prominent attorney, Arch W. Riley was a member
of the Ohio County Bar, the West Virginia State Bar, the West
Virginia Bar Association and the American Bar Association. He was
a member of a myriad of civic minded organizations, including the
Elks, Fraternal Order of Eagles, the Moose Club and a fraternity
member of Phi Kappa Psi and Phi Delta Phi; and
Whereas, The Honorable Arch W. Riley was elected to the West
Virginia Senate in 1958 and served as chairman of the powerful
Committee on the Judiciary and contributed much to the legislative
process; and
Whereas, In 1964, the Honorable Arch W. Riley was elected
Prosecuting Attorney of Ohio County; and
Whereas, The many contributions of the Honorable Arch W. Riley
to the legal profession include founding the Commission on Lawyer
Assistance and Intervention of the West Virginia State Bar,
designed to educate lawyers about alcohol and substance abuse, the
first of its kind in the United States; and
Whereas, Sadly, the Honorable Arch W. Riley passed away on
Wednesday, December 12, 2007, leaving behind a long and productive life of public service and pride in the legal profession;
therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
Arch W. Riley, former member of the West Virginia Senate, prominent
attorney and distinguished West Virginian; and, be it
Further Resolved, That the Senate hereby extends its sincere
sympathy to the family of the Honorable Arch W. Riley; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the Honorable Arch W.
Riley.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Kessler regarding the adoption of
Senate Resolution No. 32 were ordered printed in the Appendix to
the Journal.
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.
Senators Plymale, Edgell and Unger offered the following
resolution:
Senate Resolution No. 33--
Amending Senate Rule No. 14 relating
to bills and resolutions.
Resolved by the Senate:
That Senate Rule No. 14 be amended to read as follows:
Bills and Resolutions
14. No Senate bill, other than a Senate supplementary
appropriation bill, and no Senate joint resolution shall be
introduced in the Senate after the forty-first thirty-first day of
a regular session unless permission to introduce the bill or the
joint resolution be given by a Senate resolution, setting out the
title to the bill or the joint resolution and adopted by a
two-thirds vote of the Senate members present. When permission is
requested to introduce a bill or joint resolution under the
provisions of this rule, quadruplicate copies of the bill or the
joint resolution shall accompany the resolution when introduced.
A standing committee of the Senate may originate a bill or
resolution and report the same after the forty-first thirty-first
day.
The forty-first thirty-first day of the regular session held
in the year one thousand nine hundred seventy-seven and every
fourth year thereafter shall be computed from and include the
second Wednesday of February of such years.
Which, under the rules, was referred to the Committee on
Rules.
At the request of Senator Stollings, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 6, Requesting Joint Committee
on Government and Finance study Universal Voluntary Accounts
Program.
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.
Com. Sub. for Senate Concurrent Resolution No. 60, Requesting
Joint Committee on Government and Finance study armed forces
retirement service credit.
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.
Com. Sub. for Senate Concurrent Resolution No. 66, Requesting
Division of Highways name bridge in Ashford, Boone County, "Barry
Lutsy 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. 69, Requesting Joint
Committee on Government and Finance study judicial elections.
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. 74, Requesting Joint
Committee on Government and Finance review property tax assessment
and appeals system.
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. 75, Requesting Division of
Highways name bridge in Summers County "Vaughn Ray York Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 77, Urging Congress declare
December 7, 2008 national holiday.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Hunter, unanimous consent being granted, the resolution was laid over one day, retaining its place
on the calendar.
House Concurrent Resolution No. 41, Urging the United States
Congress to protect state regulation of the business of insurance.
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. 44, Urging legislative support
of communities who are committed to delivering the five fundamental
resources of America's Promise to West Virginia's youth.
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.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 2881, Providing that antique
motor vehicles may be used for occasional recreational driving.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 2881) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4019, Relating to civil actions filed in
the courts of 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, 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4019) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4019--A Bill to amend and reenact §56-1-1a
of the Code of West Virginia, 1931, as amended, relating to venue
in civil actions; codifying certain portions of the common law
doctrine of forum non conveniens; and required judicial
considerations.
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. 4028, Authorizing counties
and municipalities to enter into contracts for energy-savings.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4028) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4069, Requiring vision screening for
renewal of a driver's license.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4069) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4080, Relating to funds held for
charitable purposes by nonprofit, charitable institutions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4080) 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. 4099, Allowing certain
vehicles designated by the Secretary of the Department of Military
Affairs and Public Safety to use red flashing lights.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4099) 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. 4124, Adding CPR and First
Aid training to the health education curriculum in secondary
schools.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4124) 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. 4137, Clarifying that a municipality and county will be notified by an insurance company
when a total loss to a structure occurs.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4137) passed.
The following amendment to the title of the bill, from the
Committee on Banking and Insurance, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 4137--A Bill
to amend and
reenact §33-17-9a of the Code of West Virginia, 1931, as amended,
relating to clarifying that a municipality and county will be
notified in writing by an insurance company when the policy
provides for cleanup or removal of the remains of a structure when
a total loss to a structure occurs within that county or
municipality.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4141, Providing that written status
reports on civil actions brought against state government agencies
are required only as requested by the President of the Senate and
Speaker of the House.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, March 4, 2008, for
amendments to be received on third reading, was reported by the
Clerk.
At the request of Senator Kessler, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills of today's second reading calendar.
Eng. Com. Sub. for House Bill No. 4206, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4206) 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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4206) 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. 4209, Authorizing the
Department of Administration to promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4209) passed.
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. 4209--A Bill to amend and
reenact §64-1-1 of the Code of West Virginia, 1931, as amended; and
to amend and reenact article 2, chapter 64 of said code, all
relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures
relating thereto; the promulgation of administrative rules by the
Department of Administration and the procedures relating thereto
legislative mandate or authorization; the promulgation of certain
legislative rules by various executive or administrative agencies
of the state; 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; and disapproving certain rules; authorizing the Department of Administration to promulgate a
legislative rule relating to the leasing of space and acquisition
of real property on behalf of state spending units; authorizing the
Department of Administration to promulgate a legislative rule
relating to leasing space on behalf of state spending units;
authorizing the Department of Administration to promulgate a
legislative rule relating to controlling the Public Land
Corporation's sale, lease, exchange or transfer of lands and
minerals; authorizing the Division of Personnel of Administration
to promulgate a legislative rule relating to the leave donation
program; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to general provisions;
authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to benefit determination and appeal;
authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to the Teachers' Defined Contribution
System; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers' Retirement
System; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public Employee's
Retirement System; authorizing the Consolidated Public Retirement
Board to promulgate a legislative rule relating to refund,
reinstatement, retroactive service and loan interest factors;
authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to the West Virginia State Police;
authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement
System; and authorizing the Ethics Commission to promulgate a
legislative rule relating to the solicitation and receipt of gifts
and charitable contributions by public employees and officials.
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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4209) 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. 4244, Authorizing the
Department of Transportation to promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4244) 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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4244) 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. 4355, Allowing
Hatfield-McCoy Regional Recreation Authority to retain civil
penalties imposed for violation of authority rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4355) 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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4355) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4482, Allowing payments from the Parkways
Authority to the Hatfield-McCoy Regional Recreational Authority to
continue past the nine-year limitation.
On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 4, 2008, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Caruth, the following amendment to the
bill was reported by the Clerk and adopted:
On page five, section thirteen, line sixty-one, after the word
"projects" by changing the period to a colon and inserting the
following: Provided, That beginning on the first day of January,
two thousand nine, the Parkways Authority shall pay one hundred
thousand dollars annually to the Mercer County Equestrian Park
Authority, with such funds to be paid to the Region One Planning
and Development Council until such time as the Mercer County
Equestrian Park Authority is established. Upon the establishment of
the Mercer County Equestrian Park Authority, the one hundred
thousand dollar annual payments from the Parkways Authority shall
be paid directly to the Mercer County Equestrian Park Authority for
the purpose of developing, supporting and operating the Mercer
County Equestrian Park.
Having been engrossed, the bill (Eng. H. B. No. 4482) 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4482) passed.
On motion of Senator Caruth, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 4482--A Bill to amend and reenact §17-16A-
13 of the Code of West Virginia, 1931, as amended, relating to
relating to payments by the West Virginia parkways, economic
development and tourism authority to the Hatfield-McCoy regional
recreation authority for the purpose of funding projects of the
Hatfield-McCoy regional recreation authority and payments by the
West Virginia parkways to the Mercer County Equestrian Park
Authority for the purpose of funding the establishment and
operation of an Equestrian Park in Mercer County.
Senator Chafin moved that the bill take effect July 1, 2008.
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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4482) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4490, Finding and declaring certain claims
against the state and its agencies to be moral obligations of 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, 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4490) 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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4490) 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. 4500, Providing qualified
entities access to the West Virginia Central Abuse Registry.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
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. 4500) 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. 4500--A Bill to amend and
reenact §15-2C-1 and §15-2C-6 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §15-2C-9, all relating to providing qualified entities
access to the West Virginia Central Abuse Registry; amending and
adding definitions; defining the responsibilities of qualified
entities; charging fees for requests by qualified entities; and
keeping records of security audits.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4557, Relating to continuing education for
insurance producers.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4557) passed.
On motion of Senator Oliverio, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 4557--A Bill to amend and reenact §33-12-8
of the Code of West Virginia, 1931, as amended, relating to continuing education for individual insurance producers; allowing
continuing education credit for active annual membership in
professional organizations or associations; and providing for
carry-over of hours of continuing education into the following
biennial reporting period.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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,
without objection, returned to the third order of business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, extending
this current legislative session until and including the eleventh
day of March, two thousand eight, which was received and read by
the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
WHEREAS, The Constitution of West Virginia delineates the
respective powers, duties and responsibilities of the three separate branches of government; and
WHEREAS, Article VI, Section 22 of the Constitution of West
Virginia provides that the current regular session of the
Legislature shall not exceed sixty calendar days computed from and
including the second Wednesday of January; and
WHEREAS, Pursuant to Article VI, Section 22 of the
Constitution of West Virginia, the 2008 regular session of the
Legislature concludes on the eighth day of March, two thousand
eight, at midnight; and
WHEREAS, Article VI, Section 51 of the Constitution of West
Virginia sets forth the legal authority of the Governor and the
Legislature relating to the preparation and enactment of the Budget
Bill; and
WHEREAS, Subsection D, Article VI, Section 51 of the
Constitution of West Virginia requires the Governor to issue a
proclamation to extend the regular session of the Legislature if
the Budget Bill shall not have been fully acted upon by the
Legislature three days before the expiration of its regular
session.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of
West Virginia, do hereby issue this Proclamation, in accordance
with Article VI, Section 51, Subsection D(8) of the Constitution of
West Virginia, to extend this regular session of the Legislature
for consideration of the Budget Bill for an additional period not
to exceed three days; but no matters other than the Budget Bill
shall be considered during this extension of the session, except a provision for the cost thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the fifth day
of March, in the year of our
Lord, Two Thousand Eight, and in
the One Hundred Forty-Fifth year
of the State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
Secretary of State.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had placed
consideration of Engrossed Committee Substitute for House Bill No.
3056, Engrossed Committee Substitute for House Bill No. 3065,
Engrossed House Bill No. 4072, Engrossed House Bill No. 4073,
Engrossed House Bill No. 4085, Engrossed Committee Substitute for
House Bill No. 4144, Engrossed Committee Substitute for House Bill
No. 4255, Engrossed Committee Substitute for House Bill No. 4368,
Engrossed House Bill No. 4388, Engrossed Committee Substitute for
House Bill No. 4423, Engrossed Committee Substitute for House Bill No. 4494, Engrossed Committee Substitute for House Bill No. 4511,
Engrossed Committee Substitute for House Bill No. 4607, Engrossed
Committee Substitute for House Bill No. 4624 and Engrossed House
Bill No. 4628 preceding consideration of all other bills on today's
second reading calendar.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 3056, Authorizing
pharmacists to administer immunizations.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND
PHARMACIES.
§30-5-30. Administration of immunizations.
(a) A pharmacist licensed under the provisions of this article
and meeting the requirements of this section may administer
immunizations for the following to any person eighteen years of age
or older: Influenza and Pneumonia.
(b) The Board of Pharmacy with the advice of the Board of
Medicine and the Board of Osteopathy shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to effectuate the
provisions of this section. These rules shall provide, at a minimum, for the following:
(1) Establishment of a course, or provide a list of approved
courses, in immunization administration. The courses must be based
on the standards established for such courses by the Centers for
Disease Control and Prevention in the public health service of the
United States Department of Health and Human Services;
(2) Definitive treatment guidelines which shall include, but
not be limited to, appropriate observation for an adverse reaction
of an individual following an immunization;
(3) Prior to administration of immunizations, a pharmacist
shall have completed a board approved immunization administration
course and completed an American Red Cross or American Heart
Association basic life-support training, and maintain certification
in the same.
(4) Continuing education requirements for this area of
practice;
(5) Reporting requirements for pharmacists administering
immunizations to report to the primary care physician or other
licensed health care provider as identified by the person receiving
the immunization;
(6) Reporting requirements for pharmacists administering
immunizations to report to the West Virginia Statewide Immunization
Information (WVSII);
(7) That a pharmacist may not delegate the authority to
administer immunizations to any other person; and
(8) Any other provisions necessary to implement the provisions of this section.
(c) The Board of Pharmacy, the Board of Medicine and the Board
of Osteopathy may propose joint rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to permit pharmacists licensed under the
provisions of this article to administer other immunizations such
as Hepatitis A, Hepatitis B, Herpes Zoster and Tetanus.
On motion of Senator Prezioso, the following amendment to the
Health and Human Resources committee amendment to the bill (Eng.
Com. Sub. for H. B. No. 3056) was reported by the Clerk and
adopted:
On page three, section thirty, line three, after the word
"Tetanus." by adding the following: These rules, if promulgated,
shall provide at a minimum the same provisions contained in
subsections (b)(1) through (b)(8) of this section.
The question now being on the adoption of the Health and Human
Resources committee amendment to the bill, as amended, the same was
put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 3056), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
3056) 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: None.
Absent: Barnes and Sharpe--2.
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. 3056) 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. 3065, Relating to making
false reports of child abuse, sexual abuse and domestic violence.
On second reading, coming up out of 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 section and
inserting in lieu thereof the following:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 9. CUSTODY OF CHILDREN.
Part 2 - Parenting Plans
§48-9-209. Parenting plan; limiting factors.
(a) If either of the parents so requests, or upon receipt of
credible information thereof, the court shall determine whether a
parent who would otherwise be allocated responsibility under a
parenting plan:
(1) Has abused, neglected or abandoned a child, as defined by
state law;
(2) Has sexually assaulted or sexually abused a child as those
terms are defined in articles eight-b and eight-d, chapter
sixty-one of this code;
(3) Has committed domestic violence, as defined in section
27-202;
(4) Has interfered persistently with the other parent's access
to the child, except in the case of actions taken for the purpose
of protecting the safety of the child or the interfering parent or
another family member, pending adjudication of the facts underlying
that belief; or
(5) Has repeatedly made fraudulent reports of domestic
violence or child abuse.
(b) If a parent is found to have engaged in any activity
specified by subsection (a) of this section, the court shall impose limits that are reasonably calculated to protect the child or
child's parent from harm. The limitations that the court shall
consider include, but are not limited to:
(1) An adjustment of the custodial responsibility of the
parents, including but not limited to:
(A) Increased parenting time with the child to make up for any
parenting time the other parent lost as a result of the proscribed
activity;
(B) An additional allocation of parenting time in order to
repair any adverse effect upon the relationship between the child
and the other parent resulting from the proscribed activity; or
(C) The allocation of exclusive custodial responsibility to
one of them;
(2) Supervision of the custodial time between a parent and the
child;
(3) Exchange of the child between parents through an
intermediary, or in a protected setting;
(4) Restraints on the parent from communication with or
proximity to the other parent or the child;
(5) A requirement that the parent abstain from possession or
consumption of alcohol or nonprescribed drugs while exercising
custodial responsibility and in the twenty-four hour period
immediately preceding such exercise;
(6) Denial of overnight custodial responsibility;
(7) Restrictions on the presence of specific persons while the
parent is with the child;
(8) A requirement that the parent post a bond to secure return
of the child following a period in which the parent is exercising
custodial responsibility or to secure other performance required by
the court;
(9) A requirement that the parent complete a program of
intervention for perpetrators of domestic violence, for drug or
alcohol abuse, or a program designed to correct another factor; or
(10) Any other constraints or conditions that the court deems
necessary to provide for the safety of the child, a child's parent
or any person whose safety immediately affects the child's welfare.
(c) If a parent is found to have engaged in any activity
specified in subsection (a) of this section, the court may not
allocate custodial responsibility or decision-making responsibility
to that parent without making special written findings that the
child and other parent can be adequately protected from harm by
such limits as it may impose under subsection (b) of this section.
The parent found to have engaged in the behavior specified in
subsection (a) of this section has the burden of proving that an
allocation of custodial responsibility or decision-making
responsibility to that parent will not endanger the child or the
other parent.
(d) If the court determines, based on the investigation
described in part three of this article or other evidence presented
to it, that an accusation of child abuse or neglect, or domestic
violence made during a child custody proceeding is false and the
parent making the accusation knew it to be false at the time the accusation was made, the court may order reimbursement to be paid
by the person making the accusations of costs resulting from
defending against the accusations. Such reimbursement may not
exceed the actual reasonable costs incurred by the accused party as
a result of defending against the accusation and reasonable
attorney's fees incurred.
(e) (1) A parent who believes he or she is the subject of
activities by the other parent described in subdivision (5) of
subsection (a), may move the court pursuant to subdivision (4),
subsection (b), section one, article seven, chapter forty-nine of
this code for the Department of Health and Human Resources to
disclose whether the other parent was the source of the allegation
and, if so, whether the Department found the report to be:
(A) Substantiated;
(B) Unsubstantiated;
(C) Inconclusive; or
(D) Still under investigation.
(2) If the court grants a motion pursuant to this subsection,
disclosure by the Department of Health and Human Resources shall be
in camera. The court may disclose to the parties information
received from the Department only if it has reason to believe a
parent knowingly made a false report.
Part 3 - Fact Finding.
§48-9-301a. Child abuse allegations.
(a) If allegations of child abuse are made during a child
custody proceeding and the court has concerns regarding the child's safety, the court may take any reasonable, temporary steps as the
court, in its discretion, deems appropriate under the circumstances
to protect the child's safety until an investigation can be
completed. Nothing in this subsection shall affect the
applicability of sections two and nine of article six-A, chapter
forty-nine of this Code.
(b) If allegations of child abuse are made during a child
custody proceeding, the court may request that the local child
protective service conduct an investigation of the allegations
pursuant to article six-A, chapter forty-nine of this Code. Upon
completion of the investigation, the agency shall report its
findings to the court.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT
ARTICLE 6. CRIMES AGAINST THE PEACE
§61-6-25. Falsely reporting child abuse.
(a)Any person who knowingly and intentionally reports or
causes to be reported to a law enforcement officer, child
protective service worker or judicial officer that another has
committed child sexual abuse, child abuse or neglect as such are
defined in section three, article one, chapter forty-nine of this
code who when doing so knows or has reason to know such accusation
is false and who does it with the intent to influence a child
custody decision shall be guilty of a misdemeanor, and, upon
conviction, shall be fined not more than one thousand dollars,
sentenced to not more than sixty hours of court-approved community
service, or both.
(b) In addition to any other sanctions imposed by the
provisions of this section, any person convicted of a violation of
this section shall be required to attend and complete a court-
approved parenting class.
The bill (Eng. Com. Sub. for H. B. No. 3065), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
3065) 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: None.
Absent: Barnes and Sharpe--2.
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. 3065) 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. 3065--A Bill to amend and
reenact §48-9-209 of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §48-
9-301a; and to amend said code by adding thereto a new section,
designated §61-6-25, all relating false allegations of child abuse
and/or neglect; relief from false allegations on allocation of
custodial responsibility under a parenting plan; imposition of
reasonable costs and reasonable attorney's fees for defending
against false allegations; request for disclosure of source of
allegations by Department of Health and Human Resources;
investigation of allegations of child sexual abuse by family
courts; and new misdemeanor offense for falsely reporting child
abuse.
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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 3065) 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. 4072, Clarifying that the Board of
Registration for Professional Engineers is subject to a regulatory
board review.
On second reading, coming up out of 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 13. ENGINEERS.
§30-13-25. Required regulatory board review.
The Board of Registration for Professional Engineers is
subject to a regulatory board review, as required in the provisions
of article ten, chapter four of this code.
The bill (Eng. H. B. No. 4072), 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, 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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4072) 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4072) 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. 4072--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-13-25, relating to regulatory board review of the Board of Registration for Professional Engineers.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4073, Clarifying that the Board of
Examinations in Counseling is subject to a regulatory board review.
On second reading, coming up out of 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 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-15. Required regulatory board review.
The West Virginia Board of Examiners in Counseling is subject
to a regulatory board review, as required in the provisions of
article ten, chapter four of this code.
The bill (Eng. H. B. No. 4073), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4073) 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4073) 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. 4085, Relating to regulatory review of the
West Virginia Acupuncture Board.
On second reading, coming up out of 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 36. ACUPUNCTURISTS.
§30-36-20. Required regulatory board review.
The West Virginia Acupuncture Board is subject to a regulatory
board review, as required in the provisions of article ten, chapter
four of this code.
The bill (Eng. H. B. No. 4085), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4085) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--31.
The nays were: Boley--1.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4085) 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. 4144, Relating to physician
assistants and updating language to conform to national changes.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk and adopted:
On page nine, section sixteen, line one hundred twenty-four,
by striking out the words "National Board of Medical Examiners on
behalf of the".
The bill (Eng. Com. Sub. for H. B. No. 4144), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4144) 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: None.
Absent: Barnes and Sharpe--2.
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. 4144) 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. 4255, Authorizing the
Department of Commerce to promulgate legislative rules.
On second reading, coming up out of 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 section and
inserting in lieu thereof the following:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.
§64-10-1. Division of Labor.
(a) 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, article three, chapter twenty-one
of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventh day of December, two
thousand seven, relating to the Division of Labor (steam boiler
inspection, 42 CSR 3), is authorized.
(b) 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 one-b, chapter twenty-one
of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventh day of December, two
thousand seven, relating to the Division of Labor (verifying the
legal employment status of workers, 42 CSR 31), is authorized with
the following amendment:
On page one, subsection 3.8., after the word "employer", by
striking out the words "as defined in this rule";
On page two, section 4, by striking out the subsection
designation "4.1.";
On page two, section 4 by striking out subsection 4.2 in its
entirety;
On page two, subsection 5.1., by striking out the word "have" and inserting in lieu thereof the word "maintain";
On page three, subsection 6.5., by striking out subdivision
6.5.a. in its entirety and by striking out the subdivision
designation "b.";
On page three, subsection 6.6. by striking out the subdivision
designation "a." and by striking out subdivision 6.6.b. in its
entirety;
On pages three and four, by striking out subsection 7.1. in
its entirety and inserting in lieu thereof the following:
"7.1. The Commissioner may ask the Bureau of Employment
programs, the Division of Motor Vehicles or any other state agency
for assistance in confirming the validity of an employee's legal
status or authorization to work.";
And,
On page four, by striking out section 8 in its entirety.
(c) 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 fourteen, chapter twenty-one
of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventh day of December, two
thousand seven, relating to the Division of Labor (supervision of
plumbing work, 42 CSR 32), is authorized with the following
amendment:
On page two, subsection 7.2, at the beginning of the first
sentence in the subsection, by inserting the words "Subject to the provisions of subsection 6.2 of this rule,";
On page three, subsection 8.1, at the end of the subsection,
by inserting the words: "The Commissioner may, on his or her own
motion, conduct an investigation to determine whether there are any
grounds for disciplinary action against a licensee. The
Commissioner shall, upon the written complaint of any person,
conduct an investigation to determine whether there are any grounds
for disciplinary action against a licensee. The Commissioner may
provide a form for this purpose, but a complaint may be filed in
any form. The Commissioner shall provide a copy of the complaint
to the licensee.";
On page four, section 9, by striking out the subsection in its
entirety and inserting in lieu thereof a new section 9, to read as
follows:
"§42-32-9. Cease and desist orders; penalties; appeals.
9.1The Commissioner may issue a cease and desist order to
any person performing or offering to perform plumbing work without
a license issued by the Commissioner. Any person continuing to
engage in plumbing work after the issuance of a cease and desist
order is subject to the penalties set forth in W. Va. Code §21-14-
7.
9.2Any person adversely affected by an action of the
Commissioner may appeal the action pursuant to the provisions of W.
Va. Code §29A-5."; and
On page four, by renumbering section 12 as section 11.
§64-10-2. Office of Miners' Health, Safety and Training.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section five, article seven, chapter twenty-two-a
of this code, modified by the Office of Miners' Health, Safety and
Training to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the
fourteenth day of December, two thousand seven, relating to the
Office of Miners' Health, Safety and Training (criteria and
standards for alternative training programs for apprentice coal
mine electricians, 48 CSR 8), is authorized.
§64-10-3. Division of Natural Resources.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section twenty-three-a, article two, chapter
twenty of this code, modified by the Division of Natural Resources
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the fifth day of
November, two thousand seven, relating to the Division of Natural
Resources (commercial whitewater outfitters, 58 CSR 12), is
authorized with the following amendments:
On page six, subsection 5.2, by striking out the subsection in
its entirety and inserting lieu there of the following language:
"5.2 Fee Amount.
5.2.1. The study and improvement fee is thirty-five cents
($.35) for each customer transported on a commercial whitewater
trip in study zones on the Cheat, New, Shenandoah and Tygart Valley Rivers.
5.2.2. The study and improvement fee is seventy cents ($.70)
for each customer transported on a commercial whitewater trip in
study zones on the Gauley River.
5.2.3. If a commercial whitewater trip exceeds one day in
duration, the appropriate fee shall be collected for each day, or
part of a day, of the trip."
On page six, by striking out subsection 5.4, including
subdivisions 5.41 and 5.4.2, in their entirety, and inserting in
lieu thereof the following language:
"5.4. Gauley River Study and Improvement Fee:
5.4.1. For the purpose of improving and promoting the
whitewater industry on the Gauley River, one-half of all study and
improvement fees collected pursuant to subdivision 5.2.2 of this
rule shall be used to stock the Gauley River with trout during the
spring and fall seasons of each year to mitigate the loss of
fishing opportunities resulting from the additional water volume on
the Gauley River. The Whitewater Commission may hire a private
contractor to administer the trout stocking program.
5.4.2. The Whitewater Commission shall review the amount of
the study and improvement fee collected pursuant to subdivision
5.2.2 of this rule every four years to determine whether the fee is
sufficient to assure adequate funding for the trout stocking
program."
(b) 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, article one, chapter twenty of this
code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fifth day of November, two
thousand seven, relating to the Division of Natural Resources
(revocation of hunting and fishing licenses, 58 CSR 23), is
authorized.
(c) 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, article one, chapter twenty of this
code, relating to the Division of Natural Resources (special
boating rules, 58 CSR 26), is authorized.
(d) 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, article one, chapter twenty of this
code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fifteenth day of January, two
thousand eight, relating to the Division of Natural Resources
(conditions upon which oil and gas operators may access state
forests, 58 CSR 35), is authorized.
(e) The legislative rule filed in the State Register on the
nineteenth day of July, two thousand seven, authorized under the
authority of section seven, article one, chapter twenty of this
code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of November, two
thousand seven, relating to the Division of Natural Resources
(wildlife scientific collection permits, 58 CSR 42), is authorized.
The bill (Eng. Com. Sub. for H. B. No. 4255), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4255) 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: None.
Absent: Barnes and Sharpe--2.
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. 4255) 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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4255) 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. 4368, Reducing acts of
student violence and disruptive behavior and increasing penalties
for chronically disruptive students.
On second reading, coming up out of regular order, was read a
second time.
On motion of Senator Plymale, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page six, section two, after line eighty-six, by inserting
two new subdivisions, designated subdivisions (1) and (2), to read as follows:
(1) The school improvement council shall schedule any meeting
that involves the issue of student discipline pursuant to
subdivision (2), subsection (l) of this section, outside the
regularly scheduled working hours of any school employee member of
the council.
(2) The school improvement council annually shall conduct a
meeting to engage parents, students, school employees and other
interested parties in a positive and interactive dialogue regarding
effective discipline policies. The meeting shall afford ample time
for the dialogue and comply with any applicable provision of state,
federal or county board policy, rule or law, as appropriate,
regarding student privacy rights.;
On page fourteen, section one, line thirty-nine, after the
word "classroom" by striking out the comma and the words "the
school";
On page fourteen, section one, line forty-three, after the
word "classroom" by striking out the comma and the words "the
school";
And,
On page fifteen, section one, line fifty-six, after the word
"or" by inserting the words "expand its capacity for alternative".
The bill (Eng. Com. Sub. for H. B. No. 4368), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4368) 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: None.
Absent: Barnes and Sharpe--2.
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. 4368) 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. 4388, Authorizing the West Virginia
Supreme Court of Appeals to maintain a domestic violence database.
On second reading, coming up out of 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 three, section twenty-one, after line seventeen, by
adding a new subsection, designated subsection (d), to read as
follows:
(d) The contents of the database authorized by the provisions
of this section shall be used soley for law-enforcement purposes
and shall not be subject to disclosure pursuant to the provisions
of article nine, chapter twenty-nine b of this code.
The bill (Eng. H. B. No. 4388), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4388) 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4388) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4388--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section
designated §51-1-21, relating to authorizing the West Virginia
Supreme Court of Appeals to maintain a domestic violence database;
and exempting database information from the Freedom of Information
Act.
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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4388) 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. 4423, Ensuring that beer
kegs are not considered scrap metal unless received directly from
a beer manufacturer.
On second reading, coming up out of 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 five, section forty-nine, lines sixty through sixty-
two, by striking out the words "or the seller provides a receipt of
purchase or other proof of lawful ownership".
The bill (Eng. Com. Sub. for H. B. No. 4423), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4423) 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: None.
Absent: Barnes and Sharpe--2.
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. 4423) 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. 4423--A Bill to amend and
reenact §61-3-49 of the Code of West Virginia, 1931, as amended,
relating to providing that beer kegs are not considered scrap metal
unless the purchaser received the keg or keg parts directly from a
beer manufacturer or its authorized representative.
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. 4494, Relating to the regulation of the practice of accountancy.
On second reading, coming up out of regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Government Organization, were reported by the Clerk, considered
simultaneously, and adopted:
On page eight, section two, line one hundred eleven, by
striking out the word "comprising" and inserting in lieu thereof
the words "consisting of";
On page eleven, section two, after line one hundred sixty-
eight, by inserting a new subdivision, designated subdivision (31),
to read as follows:
(31) "Principal place of business" means the licensee's office
location in the state where the licensee holds a certificate or
registration.;
On page eleven, section two, line one hundred sixty-nine, by
striking out "(31)" and inserting in lieu thereof "(32)";
On page eleven, section two, line one hundred seventy-two,
after the word "to" by inserting a comma;
On page twelve, section two, lines one hundred seventy-four
through one hundred seventy-six, by striking out all of subdivision
(32);
On page thirteen, section two, line two hundred ten, after the
word "state" by inserting a comma;
On page fourteen, section two, line two hundred thirteen,
after the word "means" by striking out the word "the";
On page nineteen, section sixteen, line fifty-nine, after the
word "to" by inserting the word "the";
On page twenty-one, section sixteen, line ninety-six, by
striking out the words "this subsection" and inserting in lieu
thereof the words "subsection (e) of this section";
On page twenty-one, section sixteen, line ninety-seven, after
the word "article" by inserting a comma;
And,
On page thirty-five, section twenty-six, lines one hundred
thirty-one and one hundred thirty-two, by striking out the words
"No business entity that does not hold a permit or is not" and
inserting in lieu thereof the words "Only a business entity that
holds a permit or is".
The bill (Eng. Com. Sub. for H. B. No. 4494), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4511, Relating to zoning
ordinance adoption by election or otherwise.
On second reading, coming up out of 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 clause and
inserting in lieu thereof the following:
That §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West
Virginia, 1931, as amended, be amended and reenacted; and that said
code be amended by adding thereto a new section, designated §8A-7-8a, all to read as follows:
ARTICLE 7. ZONING ORDINANCE.
§8A-7-7. Election on a zoning ordinance.
(a) The governing body of a municipality or a county may
submit a proposed zoning ordinance for approval or rejection at any
primary election, general election or special election, to the
qualified voters residing:
(1) Within the entire jurisdiction of the governing body, if
the proposed zoning ordinance is for the entire jurisdiction; or
(2) In the specific area to be zoned by the proposed zoning
ordinance, if the proposed zoning ordinance only applies to part of
the governing body's jurisdiction.
(b) The election laws of this state apply to any election on
a proposed zoning ordinance.
(c) If a petition for an election on a zoning ordinance is
filed with the clerk of a governing body within ninety days after
the enactment of a zoning ordinance by a governing body without an
election, then a zoning ordinance does not take effect until an
election is held and a majority of the voters approves it. At
least fifteen ten percent of the total eligible voters in the area
to be affected by the proposed zoning ordinance must sign, in their
own handwriting, the petition for an election on a zoning
ordinance.
(d) Notice for an election on a proposed zoning ordinance must
be published in a local newspaper of general circulation in the
area affected by the proposed zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article
three, chapter fifty-nine of this code.
(e) The ballots for an election on a zoning ordinance shall
have the following:
/ / For Zoning
/ / Against Zoning
(f) The zoning ordinance is adopted if it is approved by a
majority of the voters and is effective on the date the results of
an election are declared. If a zoning ordinance is rejected, the
zoning ordinance does not take effect. The governing body may
submit the zoning ordinance to the voters again at the next primary
or general election.
§8A-7-8. Amendments to the zoning ordinance by the governing body.
(a) After the enactment of the zoning ordinance, the governing
body of the municipality or the county may amend the zoning
ordinance without holding an election.
(b) (a) Before amending the zoning ordinance, the governing
body with the advice of the planning commission, must find that the
amendment is consistent with the adopted comprehensive plan. If
the amendment is inconsistent, then the governing body with the
advice of the planning commission, must find that there have been
major changes of an economic, physical or social nature within the
area involved which were not anticipated when the comprehensive
plan was adopted and those changes have substantially altered the
basic characteristics of the area.
(b) When a proposed amendment to the zoning ordinance involves a change in the zoning map classification of any parcel of land, or
a change to the applicable zoning ordinance text regulations that
changes the allowed dwelling unit density of any parcel of land,
the governing body shall, at least thirty days prior to the
enactment of the proposed amendment if there is not an election, or
at least thirty days prior to an election on the proposed amendment
to the zoning ordinance:
(1) Give written notice by certified mail to the landowner(s)
whose property is directly involved in the proposed amendment to
the zoning ordinance; and
(2) Publish notice of the proposed amendment to the zoning
ordinance in a local newspaper of general circulation in the area
affected by the zoning ordinance, as a Class II-0 legal
advertisement, in accordance with the provisions of article three,
chapter fifty-nine of this code.
§8A-7-8a. Requirements for adopting an amendment to the zoning
ordinance.
(a) After the enactment of the zoning ordinance, the governing
body of the municipality may amend the zoning ordinance in
accordance with section eight of this article, without holding an
election.
(b) After the enactment of the zoning ordinance, the governing
body of the county may amend the zoning ordinance in accordance
with section eight of this article, as follows:
(1) Without holding an election;
(2) Holding an election on the proposed amendment; or
(3) Holding an election on the proposed amendment pursuant to
a petition.
(c) If the governing body of the county chooses to hold an
election on the proposed amendment, then it must:
(1) Publish notice of the election and the proposed amendment
to the zoning ordinance in a local newspaper of general circulation
in the area affected by the zoning ordinance, as a Class II-0 legal
advertisement, in accordance with the provisions of article three,
chapter fifty-nine of this code; and
(2) Hold an election on the question of adopting or rejecting
the proposed amendment to the zoning ordinance at any primary,
general or special election for the qualified voters residing in:
(A) The entire jurisdiction of the county, if the zoning
ordinance applies to the entire county; or
(B) The specific area to which the zoning ordinance applies,
if the zoning ordinance only applies to a part of the county.
(d) The governing body of a county must hold an election on an
amendment to a zoning ordinance if a petition, signed by at least
ten percent of the eligible voters in the area to which the zoning
ordinance applies, is filed:
(1) With the governing body of the county prior to enactment
of an amendment to a zoning ordinance; or
(2) After the enactment of an amendment to a zoning ordinance
without an election, if the petition for an election on the
amendment to a zoning ordinance is filed with the governing body of
the county within ninety days.
(e) The governing body of the county holding an election on
the proposed amendment pursuant to a petition must:
(1) Publish notice of the election and the proposed amendment
to the zoning ordinance in a local newspaper of general circulation
in the area affected by the zoning ordinance, as a Class II-0 legal
advertisement, in accordance with the provisions of article three,
chapter fifty-nine of this code; and
(2) Hold an election on the question of adopting or rejecting
the proposed amendment to the zoning ordinance at any primary,
general or special election for the qualified voters residing in:
(A) The entire jurisdiction of the county, if the zoning
ordinance applies to the entire county; or
(B) The specific area to which the zoning ordinance applies,
if the zoning ordinance only applies to a part of the county.
(f) If an election is held, then the proposed amendment to the
zoning ordinance does not take effect until a majority of the
voters approve it.
(g) If an election is held and the proposed amendment to the
zoning ordinance is rejected, then the proposed amendment does not
take effect. The governing body of the county may re-submit the
proposed amendment to the zoning ordinance to the voters at another
election.
(h) A special election may be held upon written request to the
governing body of the county.
(i) The election laws of this state apply to any election on
a proposed amendment to a zoning ordinance.
§8A-7-13. Process to replace nontraditional zoning ordinance.
(a) A governing body that has adopted or enacted a
nontraditional zoning ordinance may replace the nontraditional
zoning ordinance with a zoning ordinance. A nontraditional zoning
ordinance may be replaced with a zoning ordinance by:
(1) The governing body; or
(2) A petition by the voters in the affected area. If the
voters petition to replace the nontraditional zoning ordinance with
a zoning ordinance, then the provisions of this section and this
chapter shall be followed.
(b) At least fifteen ten percent of the total eligible voters
in the affected area may petition the governing body to replace the
nontraditional zoning ordinance with a zoning ordinance. The
petition must include:
(1) The governing body's name to which the petition is
addressed;
(2) The reason for the petition, including:
(A) Replacing the nontraditional zoning ordinance with a
zoning ordinance; and
(B) That the question of replacing the nontraditional zoning
ordinance with a new zoning ordinance be put to the voters of the
affected area; and
(3) Signatures in ink or permanent marker.
(c) Each person signing the petition must be a registered
voter in the affected area and in the governing body's
jurisdiction. The petition must be delivered to the clerk of the affected governing body. There are no time constraints on the
petition.
(d) Upon receipt of the petition with the required number of
qualifying signatures, the governing body shall place the question
on the next special, primary or general election ballot. Notice
for an election on replacing a zoning ordinance must be published
in a local newspaper of general circulation in the area affected by
the nontraditional zoning ordinance, as a Class II-0 legal
advertisement, in accordance with the provisions of article three,
chapter fifty-nine of this code.
(e) The ballots for an election on replacing a zoning
ordinance shall have the following:
"Shall __________ (name of governing body) replace _________
(name of commonly known nontraditional zoning ordinance) with a
zoning ordinance?
___ Yes___ No"
(f) Upon a majority vote of the voters voting in favor of
replacing a non-traditional zoning ordinance with a zoning
ordinance, the governing body shall immediately begin the process
of adopting and enacting a zoning ordinance, in accordance with the
provisions of chapter eight-a of this code. The governing body has
a maximum of three years from the date of the election to adopt a
zoning ordinance.
(g) The governing body may amend its nontraditional zoning
ordinance during the process of adopting and enacting a zoning
ordinance.
(h) If a majority of the voters reject replacing the
nontraditional zoning ordinance with a zoning ordinance, the
affected voters may not petition for a vote on the issue for at
least two years from the date of the election.
(i) Nothing in this section shall prevent a governing body
from amending its zoning ordinance in accordance with this chapter.
(j) If a governing body chooses to replace a nontraditional
zoning ordinance with a traditional zoning ordinance without
holding an election, a petition, signed by at least ten percent of
the eligible voters who reside in the area affected by the zoning
ordinance, for an election on the question of adopting a
traditional zoning ordinance may be filed with the governing body
within ninety days after the enactment of the traditional zoning
ordinance by the governing body. If a petition is timely filed,
then the traditional zoning ordinance does not take effect until:
(1) Notice of the election and the zoning ordinance is
published in a local newspaper of general circulation in the area
affected by the zoning ordinance, as a Class II-0 legal
advertisement, in accordance with the provisions of article three,
chapter fifty-nine of this code;
(2) An election is held; and
(3) A majority of the voters approve it.
The bill (Eng. Com. Sub. for H. B. No. 4511), 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,
Boley, Bowman, Chafin, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Wells, White and Tomblin (Mr. President)--28.
The nays were: Caruth, Deem, Unger and Yoder--4.
Absent: Barnes and Sharpe--2.
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, 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: None.
Absent: Barnes and Sharpe--2.
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, 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: None.
Absent: Barnes and Sharpe--2.
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.
Eng. Com. Sub. for House Bill No. 4607, Relating to special
district excise tax authorization.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §8-13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B-
6, §8-13B-7, §8-13B-8, §8-13B-9, §8-13B-10, §8-13B-11, §8-13B-12,
§8-13B-13, §8-13B-14, §8-13B-15, §8-13B-16, §8-13B-17, §8-13B-18,
§8-13B-19 and §8-13B-20 of the Code of West Virginia, 1931, as
amended, be repealed; that §7-22-12 of said code be amended and
reenacted; and that §8-38-12 of said code be amended and reenacted,
all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 22. COUNTY ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.
§7-22-12. Special district excise tax authorized.
(a) General. -- The county commission of a county, authorized
by the Legislature to levy a special district excise tax for the
benefit of an economic opportunity development district, may, by
order entered of record, impose that tax on the privilege of
selling tangible personal property and rendering select services in
the district in accordance with this section.
(b) Tax base. -- The base of a special district excise tax
imposed pursuant to this section shall be identical to the base of
the consumers sales and service tax imposed pursuant to article
fifteen, chapter eleven of this code on sales made and services rendered within the boundaries of the district. Provided, That
Sales of gasoline and special fuel are not subject to special
district excise tax but remain subject to the tax levied by article
fifteen, chapter eleven of this code. Except for the exemption
provided in section nine-f of said article, all exemptions and
exceptions from the consumers sales and service tax shall also
apply to the special district excise tax. and sales of gasoline and
special fuel shall not be subject to special district excise tax
but shall remain subject to the tax levied by said article.
(c) Tax rate. -- The rate or rates of a special district
excise tax levied pursuant to this section shall be stated in an
order entered of record by the county commission and equal to the
general rate of tax on each dollar of gross proceeds from sales of
tangible personal property and services subject to the tax levied
by section three, article fifteen, chapter eleven of this code.
The tax on fractional parts of a dollar shall be levied and
collected in conformity with the provision of said section. be
identical to the rate or rates of the consumer sales and service
tax imposed pursuant to article fifteen, chapter eleven of this
code on sales made and services rendered within the boundaries of
the district authorized by this section.
(d) Collection by Tax Commissioner. -- The order of the county
commission imposing a special district excise tax shall provide for
the tax to be collected by the Tax Commissioner in the same manner
as the tax levied by section three, article fifteen, chapter eleven
of this code is administered, assessed, collected and enforced.
(1) The Tax Commissioner may require the electronic filing of
returns related to the special district excise tax imposed pursuant
to this section, and also may require the electronic payment of the
special district excise tax imposed pursuant to this section. The
Tax Commissioner may prescribe by rules promulgated pursuant to
article three, chapter twenty-nine-a of this code, administrative
notices, and forms and instructions, the procedures and criteria to
be followed to electronically file returns and to electronically
pay the special district excise tax imposed pursuant to this
section.
(2) Any rules filed by the State Tax Commissioner relating to
the special district excise tax imposed pursuant to this section
shall set forth the following:
(A) Acceptable indicia of timely payment;
(B) Which type of electronic filing method or methods a
particular type of taxpayer may or may not use;
(C) What type of electronic payment method or methods a
particular type of taxpayer may or may not use;
(D) What, if any, exceptions are allowable, and alternative
methods of payment that may be used for any exceptions;
(E) Procedures for making voluntary or mandatory electronic
payments or both;
(F) Any other provisions necessary to ensure the timely
electronic filing of returns related to the special district excise
tax and the making of payments electronically of the special
district excise tax imposed pursuant to this section.
(3) (A) Notwithstanding the provisions of section five-d,
article ten, chapter eleven of this code: (i) So long as bonds are
outstanding pursuant to this article, the Tax Commissioner shall
provide on a monthly basis to the trustee for bonds issued pursuant
to this article information on returns submitted pursuant to this
article; and (ii) the trustee may share the information so obtained
with the county commission that established the economic
opportunity development district that issued the bonds pursuant to
this article and with the bondholders and with bond counsel for
bonds issued pursuant to this article. The Tax Commissioner and
the trustee may enter into a written agreement in order to
accomplish the exchange of information.
(B) Any confidential information provided pursuant to this
subdivision shall be used solely for the protection and enforcement
of the rights and remedies of the bondholders of bonds issued
pursuant to this article. Any person or entity that is in
possession of information disclosed by the Tax Commissioner or
shared by the trustee pursuant to subdivision (a) of this
subsection is subject to the provisions of section five-d, article
ten, chapter eleven of this code as if that person or entity that
is in possession of the tax information is an officer, employee,
agent or representative of this state or of a local or municipal
governmental entity or other governmental subdivision.
(e) Deposit of net tax collected. --
(1) The order of the county commission imposing a special
district excise tax shall provide that the Tax Commissioner deposit the net amount of tax collected in the Special Economic Opportunity
Development District Fund to the credit of the county commission's
subaccount therein for the economic opportunity development
district and that the money in the subaccount may only be used to
pay for development expenditures as provided in this article except
as provided in subsection (f) of this section.
(2) The State Treasurer shall withhold from the county
commission's subaccount in the Economic Opportunity Development
District Fund and shall deposit in the General Revenue Fund of this
state, on or before the twentieth day of each calendar month next
following the effective date of a special district excise tax, a
sum equal to one twelfth of the base tax revenue amount last
certified by the development office pursuant to section seven of
this article.
(f) Effective date of special district excise tax. -- Any
taxes imposed pursuant to the authority of this section shall be
effective on the first day of the calendar month that begins sixty
days after the date of adoption of an order entered of record
imposing the tax or the first day of any later calendar month
expressly designated in the order.
(g) Copies of order. -- Upon entry of an order levying a
special district excise tax, a certified copy of the order shall be
mailed to the State Auditor, as ex officio the chief inspector and
supervisor of public offices, the State Treasurer and the Tax
Commissioner.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 38. MUNICIPAL ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.
§8-38-12. Special district excise tax authorized.
(a) General. -- The council of a municipality, authorized by
the Legislature to levy a special district excise tax for the
benefit of an economic opportunity development district, may, by
ordinance, impose that tax on the privilege of selling tangible
personal property and rendering select services in the district in
accordance with this section.
(b) Tax base. -- The base of a special district excise tax
imposed pursuant to this section shall be identical to the base of
the consumers sales and service tax imposed pursuant to article
fifteen, chapter eleven of this code on sales made and services
rendered within the boundaries of the district. Provided, That
Sales of gasoline and special fuel are not subject to special
district excise tax but remain subject to the tax levied by article
fifteen, chapter eleven of this code. Except for the exemption
provided in section nine-f of said article fifteen, chapter eleven
of this code, all exemptions and exceptions from the consumers
sales and service tax shall also apply to the special district
excise tax. and sales of gasoline and special fuel shall not be
subject to special district excise tax but shall remain subject to
the tax levied by said article.
(c) Tax rate. -- The rate or rates of a special district
excise tax levied pursuant to this section shall be stated in an
ordinance enacted by the municipality and equal identical to the
general rate or rates of the consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on
each dollar of gross proceeds from sales of tangible personal
property and services subject to the tax levied by section three,
article fifteen, chapter eleven of this code. The tax on
fractional parts of a dollar shall be levied and collected in
conformity with the provision of said section. rendered within the
boundaries of the district authorized by this section.
(d) Collection by Tax Commissioner. -- The ordinance of the
municipality imposing a special district excise tax shall provide
for the tax to be collected by the Tax Commissioner in the same
manner as the tax levied by section three, article fifteen, chapter
eleven of this code is administered, assessed, collected and
enforced.
(1) The Tax Commissioner may require the electronic filing of
returns related to the special district excise tax imposed pursuant
to this section, and may require the electronic payment of the
special district excise tax imposed pursuant to this section. The
Tax Commissioner may prescribe by rules promulgated pursuant to
article three, chapter twenty-nine-a of this code, administrative
notices, and forms and instructions, the procedures and criteria to
be followed to electronically file returns and to electronically
pay the special district excise tax imposed pursuant to this
section.
(2) Any rules filed by the Tax Commissioner relating to the
special district excise tax imposed pursuant to this section shall
set forth the following:
(A) Acceptable indicia of timely payment;
(B) Which type of electronic filing method or methods a
particular type of taxpayer may or may not use;
(C) What type of electronic payment method or methods a
particular type of taxpayer may or may not use;
(D) What, if any, exceptions are allowable, and alternative
methods of payment that may be used for any exceptions;
(E) Procedures for making voluntary or mandatory electronic
payments or both;
(F) Any other provisions necessary to ensure the timely
electronic filing of returns related to the special district excise
tax and the making of payments electronically of the special
district excise tax imposed pursuant to this section.
(3) (A) Notwithstanding the provisions of section five-d,
article ten, chapter eleven of this code: (i) So long as bonds are
outstanding pursuant to this article, the Tax Commissioner shall
provide on a monthly basis to the trustee for bonds issued pursuant
to this article information on returns submitted pursuant to this
article; and (ii) the trustee may share the information so obtained
with the county commission that established the economic
opportunity development district that issued the bonds pursuant to
this article and with the bondholders and with bond counsel for
bonds issued pursuant to this article. The Tax Commissioner and
the trustee may enter into a written agreement in order to
accomplish the exchange of information.
(B) Any confidential information provided pursuant to this subdivision shall be used solely for the protection and enforcement
of the rights and remedies of the bondholders of bonds issued
pursuant to this article. Any person or entity that is in
possession of information disclosed by the Tax Commissioner or
shared by the trustee pursuant to subdivision (a) of this
subsection is subject to the provisions of section five-d, article
ten, chapter eleven of this code as if the person or entity that is
in possession of the tax information is an officer, employee, agent
or representative of this state or of a local or municipal
governmental entity or other governmental subdivision.
(e) Deposit of net tax collected. --
(1) The ordinance of the municipality imposing a special
district excise tax shall provide that the Tax Commissioner deposit
the net amount of tax collected in the Special Economic Opportunity
Development District Fund to the credit of the municipality's
subaccount therein for the economic opportunity development
district and that the money in the subaccount may only be used to
pay for development expenditures as provided in this article except
as provided in subsection (f) of this section.
(2) The State Treasurer shall withhold from the municipality's
subaccount in the Economic Opportunity Development District Fund
and shall deposit in the General Revenue Fund of this state, on or
before the twentieth day of each calendar month next following the
effective date of a special district excise tax, a sum equal to one
twelfth of the base tax revenue amount last certified by the
development office pursuant to section seven of this article.
(f) Effective date of special district excise tax. -- Any
taxes imposed pursuant to the authority of this section shall be
effective on the first day of the calendar month that begins at
least sixty days after the date of enactment of the ordinance
imposing the tax or at any later date expressly designated in the
ordinance that begins on the first day of a calendar month.
(g) Copies of ordinance. -- Upon enactment of an ordinance
levying a special district excise tax, a certified copy of the
ordinance shall be mailed to the State Auditor, as ex officio the
chief inspector and supervisor of public offices, the State
Treasurer and the Tax Commissioner.
The bill (Eng. Com. Sub. for H. B. No. 4607), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4607) 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: None.
Absent: Barnes and Sharpe--2.
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. 4607) 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. 4607--A Bill to repeal §8-
13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B-6, §8-13B-7,
§8-13B-8, §8-13B-9, §8-13B-10, §8-13B-11, §8-13B-12, §8-13B-13, §8-
13B-14, §8-13B-15, §8-13B-16, §8-13B-17, §8-13B-18, §8-13B-19 and
§8-13B-20 of the Code of West Virginia, 1931, as amended; to amend
and reenact §7-22-12 of said code; and to amend and reenact
§8-38-12 of said code, all relating to special district excise
taxes authorized for counties and municipalities; clarifying the
rates of the tax; authorizing the Tax Commissioner to require the
electronic filing of returns and electronic payment of the tax;
providing for the sharing of tax information; and providing
confidentiality requirements of shared information.
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. 4624, Providing per diem pay
for volunteers who drive veterans to hospitals.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §9A-1-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-10. Powers and duties of director.
The director shall be is the executive and administrative head
of the division and as such shall have has the power and duty,
subject to the provisions of section four hereof of this article,
to:
(a) Supervise and put into effect the purposes and provisions
of this article and the rules and regulations for the government of
the division;
(b) Prescribe methods pertaining to investigations and
reinvestigations of all claims and to the rights and interests of
all veterans, their widows, dependents and orphans;
(c) Prescribe uniform methods of keeping all records and case
records of the veterans, their widows, dependents and orphans;
(d) Sign and execute, in the name of the state by West Virginia Division of Veterans' Affairs, and by and with the consent
of the Veterans' Council, any contract or agreement with the
federal government or its agencies, other states, subdivisions of
this state, corporations, associations, partnerships or
individuals;
(e) Supervise the fiscal affairs and responsibilities of the
division;
(f) Organize the division to comply with the requirements of
this article and with the standards required by any federal act or
any federal agency;
(g) Establish such any regional or area offices throughout the
state as may be that are necessary to promote efficiency and
economy in administration;
(h) Make such reports as will that comply with the
requirements of any federal act or federal agency and the
provisions of this article;
(i) Cooperate with the federal and state governments for the
more effective attainment of the purposes of this article;
(j) Keep a complete and accurate record of all proceedings;
record and file all contracts and agreements and assume
responsibility for the custody and preservation of all papers and
documents pertaining to his or her office and the division;
(k) Prepare for the Veterans' Council the annual reports to
the Governor of the condition, operation and functioning of the
division;
(l) Exercise any other powers necessary and proper to standardize the work; to expedite the service and business; to
assure fair consideration of the rights and interests and claims of
veterans, their widows, dependents and orphans; and to provide
resources for a program which will promote a greater outreach to
veterans and which will advise them of the benefits and services
that are available, and to promote the efficiency of the division;
(m) Invoke any legal, equitable or special remedies for the
enforcement of his or her orders or the provisions of this article;
(n) Appoint the veterans' affairs officers and heads of
divisions of the division, and of regional or area offices, and
employ such assistants and employees, as may be including case
managers and counselors, that are necessary for the efficient
operation of the division; and
(o) Provide resources and assistance in the development of an
internet website which is to be used to inform veterans of programs
and services available to them through the division and the state
and federal governments;
(o) (p) Delegate to all or any of his or her appointees,
assistants or employees all powers and duties vested in the
director, except the power to sign and execute contracts and
agreements, but the director shall be responsible for the acts of
such his or her appointees, assistants and employees.; and
(q) Provide volunteers who will drive or transport veterans to
veterans' hospitals from the veteran's home or local veterans'
affairs offices and who shall be paid an expense per diem of
seventy-five dollars.
The bill (Eng. Com. Sub. for H. B. No. 4624), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4624) 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: None.
Absent: Barnes and Sharpe--2.
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. 4624) passed.
The following amendment to the title of the bill, from the
Committee on Military, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4624--A Bill to amend and
reenact §9A-1-10 of the Code of West Virginia, 1931, as amended,
relating to describing the powers and duties of the director;
providing for the hiring of case managers and counselors; providing
for a program to advise veterans of available benefits and
services; developing an internet website; and providing an expense
per diem for volunteers who drive veterans to hospitals.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4628, Providing a tax credit for new job
creation by certain taxpayers.
On second reading, coming up out of regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 13Q. ECONOMIC OPPORTUNITY TAX CREDIT.
§11-13Q-22. Credit available for taxpayers which do not satisfy
the new jobs percentage requirement.
(a) Notwithstanding any provision of this article to the
contrary, a taxpayer engaged in one or more of the industries or
business activities specified in section nineteen of this article
which does not satisfy the new jobs percentage requirement prescribed in subsection (c), section nine, of this article, or if
the taxpayer is a small business as defined in section ten of this
article, does not create at least ten new jobs within twelve months
after placing qualified investment into service as required by
section ten of this article, but which otherwise fulfills the
requirements prescribed in this article, is permitted to claim a
credit against the taxes specified in section seven of this article
in the order so specified that are attributable to and the
consequence of the taxpayer's business operations in this state,
which result in the creation of net new jobs. Credit under this
section is allowed in the amount of three thousand dollars per
year, per new job created and filled by a new employee; as those
terms are defined in section three of this article for a period of
five consecutive years beginning in the tax year when the new
employee is first hired. In no case may the number of new
employees determined for purposes of this section exceed the total
net increase in the taxpayer's employment in this state. Credit
allowed under this section shall be allowed beginning in the tax
year when the new employee is first hired: Provided, That each new
job:
(1) Pays at least thirty-two thousand dollars annually;
(2) Provides health insurance and may offer benefits including
child care, retirement or other benefits; and
(3) Is a full-time, permanent position, as those terms are
defined in section three, of this article.
Jobs that pay less than thirty-two thousand dollars annually, or that pay that salary but do not also provide benefits in
addition to the salary, do not qualify for the credit authorized by
this section. Jobs that are less than full-time, permanent
positions do not qualify for the credit authorized by this section.
(b) Unused credit remaining in any tax year after application
against the taxes specified in section seven of this article is
forfeited and does not carry forward to any succeeding tax year and
does not carry back to a prior tax year.
(c) The tax credit authorized by this section may be taken in
addition to any credits allowable under articles thirteen-c,
thirteen-d, thirteen-e, thirteen-f, thirteen-g, thirteen-j,
thirteen-r or thirteen-s of this chapter.
(d) Reduction in number of employees credit forfeiture -- If
during the year when a new job was created for which credit was
granted under this section or during any of the next succeeding
four tax years thereafter, net jobs that are attributable to and
the consequence of the taxpayer's business operations in this
state, decrease, counting both new jobs for which credit was
granted under this section and preexisting jobs, then the total
amount of credit to which the taxpayer is entitled under this
section shall be decreased and forfeited in the amount of three
thousand dollars for each net job lost.
The bill (Eng. H. B. No. 4628), 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4628) 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4628) passed with its title.
Senator Chafin moved that the bill take effect January 1,
2009.
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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4628) takes effect January 1, 2009.
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. 4079, Relating to
Professional Employer Organizations.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Sprouse, 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. 4082, Relating to the Public
Employees Retirement System.
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. 4120, Prohibiting inclusion
of specific dollar amounts or figures related to damages in
complaints for personal injury or wrongful death actions.
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. 4304, Revised Anatomical
Gift Act.
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. 4344, Relating to the
criminal offense of cruelty to animals.
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. 4421, Repealing the
corporate license tax, and creating corporate license tax
replacement fees.
On second reading, coming up in regular order, was read a
second time and 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,
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: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4421) 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: None.
Absent: Barnes and Sharpe--2.
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. 4421) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2008.
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, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
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. 4421) takes effect July 1, 2008.
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 second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4512, Providing classifications of
licensees to be licensed by the State Fire Marshal to engage in
fire protection work.
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. 4570, Authorizing regional
jail employees to carry a firearm after receiving appropriate
certification.
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. 4613, Increasing protection
to beneficiaries of structured settlements as they relate to
settlement transfers.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Eng. House Bill No. 4141, Providing that written status
reports on civil actions brought against state government agencies
are required only as requested by the President of the Senate and
Speaker of the House.
On third reading, coming up in deferred order, with the right
having been granted on yesterday, Tuesday, March 4, 2008, for amendments to be received on third reading, was again reported by
the Clerk.
There being no amendments offered,
Having been engrossed, the bill (Eng. H. B. No. 4141) 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: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4141) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second 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.
Eng. House Bill No. 4017, Updating meaning of federal taxable
income and certain other terms used in West Virginia Corporation Net Income Tax Act.
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.
Eng. Com. Sub. for House Bill No. 4389, Removing requirement
that resident violators of traffic laws be required to sign
citations.
And,
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.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 150, Budget bill.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 150 (originating in the
Committee on Finance)--A Bill making appropriations of public money
out of the Treasury in accordance with section fifty-one, article
VI of the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 150) 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 Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 57, Requesting Joint
Committee on Government and Finance study oil and gas wells.
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.
And,
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.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
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
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".
Senate Concurrent Resolution No. 72, Requesting Division of
Highways name bridge in Grafton, Taylor County, "Clair Bee:
Basketball Coach and Author Memorial Bridge".
And,
Senate Concurrent Resolution No. 76, Requesting Division of
Highways place sign at Fayetteville, Fayette County, "Coolest Small
Town".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
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. 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.
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. H. B. No. 3201) 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. 4010, Removing the
limitation on terms for members on the board of library directors.
And,
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.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4010 and 4036)
contained in the preceding report from the Committee on Government
Organization were each 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. House Bill No. 4078, Relating to the termination of the
Blennerhassett Island Historical State Park Commission.
And has amended same.
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.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4386, Authorizing
municipalities to create an annual vacant property registration.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. H. B. No. 4078, Eng. Com. Sub. for H. B. No. 4156 and Eng. Com. Sub. for H. B. No. 4386) contained in the
preceding report from the Committee on Government Organization were
each 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. 4088, Allowing farm
equipment dealers to calculate their inventory based on an average
of their yearly sales.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4139, Relating to licensing
persons using bioptic telescopic devices to operate a motor
vehicle.
And has amended same.
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.
Respectfully submitted,
Jeffrey V. Kessler,
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. 4157, Allowing insurers who
have been suspended from writing new policies to continue to
service existing policies.
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. 4157) 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. 4337, Authorizing the Board
of Barbers and Cosmetologists to increase fees for one year.
And,
Eng. Com. Sub. for House Bill No. 4692, Permitting
depositories of state, county, municipal and other public moneys to
pool securities.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 4337 and 4692)
were each 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. 4357, Extending the
Neighborhood Investment Program Act and eligibility for tax credits
under the act.
And,
Eng. Com. Sub. for House Bill No. 4407, Requiring automatic tire chains as standard equipment on all new school buses.
And reports the same back with the recommendation that they
each do pass.
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. Com. Sub. for House Bill No. 4383, Awarding service
revolver upon retirement to state fire marshal.
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. 4383) 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. House Bill No. 4394, Restoring the licensure exemption
for certain contractors of manufactured housing installation.
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. H. B. No. 4394) 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. 4402, Relating to compulsive
gambling.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4402) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on the Judiciary pending.
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. 4471, Making certain changes
to the West Virginia State Police Retirement System.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4636, Making changes to
workers' compensation insurance.
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,
Jeffrey V. Kessler,
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 the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4636) 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. 4664, Clarifying the purpose
of the Purchasing Division.
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 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 Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4664) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
House Concurrent Resolution No. 12, Designating Megalonyx
Jeffersonnii as the official state fossil.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John Pat Fanning,
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
House Concurrent Resolution No. 29, Designating an adaptation
of "West Virginia Shawl" as the Official Tartan of the State of est
Virginia.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Sharpe and Barnes.
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, Thursday, March 6, 2008, at 11 a.m.
____________