__________*__________
Friday, March 11, 2011
FIFTY-NINTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 10, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 153, The "GMGC Bobby Lee Jarrell United States Navy Memorial Bridge",
And reports the same back with the recommendation that it be adopted.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates, as follows:
Com. Sub. for H. B. 2075, Relating to acquisition of a municipal business license.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, section four, line fifteen, by striking out the words "multiple purposes" and
inserting in lieu thereof the words "anything which requires a state license that is done within the
corporate limits of a municipality".
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 304), and there were--yeas
97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Howell and J. Miller.
Absent and Not Voting: Crosier.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2075) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2011, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2757, Providing for evaluation of professional personnel in the public
schools.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-2. Employment of teachers; contracts; continuing contract status; how terminated;
dismissal for lack of need; released time; failure of teacher to perform contract
or violation thereof; written notice bonus for teachers and professional
personnel.
(a) Before entering upon their duties, all teachers shall execute a contract with their county
boards, which shall state the salary to be paid and shall be in the form prescribed by the state
superintendent. Each contract shall be signed by the teacher and by the president and secretary of
the county board and shall be filed, together with the certificate of the teacher, by the secretary of
the office of the county board: Provided, That when necessary to facilitate the employment of
employable professional personnel and prospective and recent graduates of teacher education
programs who have not yet attained certification, the contract may be signed upon the condition that
the certificate is issued to the employee prior to the beginning of the employment term in which the
employee enters upon his or her duties.
(b) Each teacher's contract, under this section, shall be designated as a probationary or
continuing contract. A probationary teacher's contract shall be for a term of not less than one nor
more than three years, one of which shall be for completion of a beginning teacher internship
pursuant to the provisions of section two-b, article three of this chapter, if applicable. If, after three
years of such employment, the teacher who holds a professional certificate, based on at least a
bachelor's degree, has met the qualifications for a bachelor's degree and the county board enter into
a new contract of employment, it shall be a continuing contract, subject to the following:
(1) Any teacher holding a valid certificate with less than a bachelor's degree who is employed
in a county beyond the three-year probationary period shall upon qualifying for the professional
certificate based upon a bachelor's degree, if reemployed, be granted continuing contract status; and
(2) A teacher holding continuing contract status with one county shall be granted continuing contract status with any other county upon completion of one year of acceptable employment if the
employment is during the next succeeding school year or immediately following an approved leave
of absence extending no more than one year.
(c) The continuing contract of any teacher shall remain in full force and effect except as
modified by mutual consent of the school board and the teacher, unless and until terminated, subject
to the following:
(1) A continuing contract may not be terminated except:
(A) By a majority vote of the full membership of the county board on or before February 1
May 1 of the then current year, after written notice, served upon the teacher, return receipt requested,
stating cause or causes and an opportunity to be heard at a meeting of the board prior to the board's
action on the termination issue; or
(B) By written resignation of the teacher on or before February 1 May 1 to initiate
termination of a continuing contract;
(2) The termination shall take effect at the close of the school year in which the contract is
terminated;
(3) The contract may be terminated at any time by mutual consent of the school board and
the teacher;
(4) This section does not affect the powers of the school board to suspend or dismiss a
principal or teacher pursuant to section eight of this article;
(5) A continuing contract for any teacher holding a certificate valid for more than one year
and in full force and effect during the school year 1984-1985 shall remain in full force and effect;
(6) A continuing contract does not operate to prevent a teacher's dismissal based upon the
lack of need for the teacher's services pursuant to the provisions of law relating to the allocation to
teachers and pupil-teacher ratios. The written notification of teachers being considered for dismissal
for lack of need shall be limited to only those teachers whose consideration for dismissal is based
upon known or expected circumstances which will require dismissal for lack of need. An employee who was not provided notice and an opportunity for a hearing pursuant to this subsection may not
be included on the list. In case of dismissal for lack of need, a dismissed teacher shall be placed
upon a preferred list in the order of their length of service with that board. No teacher may be
employed by the board until each qualified teacher upon the preferred list, in order, has been offered
the opportunity for reemployment in a position for which he or she is qualified, not including a
teacher who has accepted a teaching position elsewhere. The reemployment shall be upon a
teacher's preexisting continuing contract and has the same effect as though the contract had been
suspended during the time the teacher was not employed.
(d) In the assignment of position or duties of a teacher under a continuing contract, the board
may provide for released time of a teacher for any special professional or governmental assignment
without jeopardizing the contractual rights of the teacher or any other rights, privileges or benefits
under the provisions of this chapter. Released time shall be provided for any professional educator
while serving as a member of the Legislature during any duly constituted session of that body and
its interim and statutory committees and commissions without jeopardizing his or her contractual
rights or any other rights, privileges, benefits or accrual of experience for placement on the state
minimum salary schedule in the following school year under the provisions of this chapter, board
policy and law.
(e) Any teacher who fails to fulfill his or her contract with the board, unless prevented from
doing so by personal illness or other just cause or unless released from his or her contract by the
board, or who violates any lawful provision of the contract, is disqualified to teach in any other
public school in the state for a period of the next ensuing school year and the state Department of
Education or board may hold all papers and credentials of the teacher on file for a period of one year
for the violation: Provided, That marriage of a teacher is not considered a failure to fulfill, or
violation of, the contract.
(f) Any classroom teacher, as defined in section one, article one of this chapter, who desires
to resign employment with a county board or request a leave of absence, the resignation or leave of absence to become effective on or before July 15 of the same year and after completion of the
employment term, may do so at any time during the school year by written notification of the
resignation or leave of absence and any notification received by a county board shall automatically
extend the teacher's public employee insurance coverage until August 31 of the same year.
(g) (1) A classroom teacher who gives written notice to the county board on or before
December 1 of the school year of his or her retirement from employment with the board at the
conclusion of the school year shall be paid $500 from the Early Notification of Retirement line item
established for the Department of Education for this purpose, subject to appropriation by the
Legislature. If the appropriations to the Department of Education for this purpose are insufficient
to compensate all applicable teachers, the Department of Education shall request a supplemental
appropriation in an amount sufficient to compensate all such those teachers giving the written notice.
Additionally, if funds are still insufficient to compensate all applicable teachers, the priority of
payment is for teachers who give written notice the earliest. This payment shall not be counted as
part of the final average salary for the purpose of calculating retirement.
(2) The position of a classroom teacher providing written notice of retirement pursuant to this
subsection may be considered vacant and the county board may immediately post the position as an
opening to be filled at the conclusion of the school year. If a teacher has been hired to fill the
position of a retiring classroom teacher prior to the start of the next school year, the retiring
classroom teacher is disqualified from continuing his or her employment in that position. However,
the retiring classroom teacher may be permitted to continue his or her employment in that position
and forfeit the early retirement notification payment if, after giving notice of retirement in
accordance with this subsection, he or she becomes subject to a significant unforeseen financial
hardship, including a hardship caused by the death or illness of an immediate family member or loss
of employment of a spouse. Other significant unforeseen financial hardships shall be determined
by the county superintendent on a case-by-case basis. This subsection does not prohibit a county
school board from eliminating the position of a retiring classroom teacher.
§18A-2-6. Continuing contract status for service personnel; termination.
(a) After three years of acceptable employment, each service personnel employee person who
enters into a new contract of employment with the board shall be granted continuing contract status:
Provided, That a service personnel employee person holding continuing contract status with one
county shall be granted continuing contract status with any other county upon completion of one year
of acceptable employment if such the employment is during the next succeeding school year or
immediately following an approved leave of absence extending no more than one year. The
continuing contract of any such the employee shall remain in full force and effect except as modified
by mutual consent of the school board and the employee, unless and until terminated with written
notice, stating cause or causes, to the employee, by a majority vote of the full membership of the
board before February May 1 of the then current year, or by written resignation of the employee on
or before that date. The affected employee has the right of a hearing before the board, if requested,
before final action is taken by the board upon the termination of such his or her employment.
(b) Those employees who have completed three years of acceptable employment as of the
effective date of this legislation shall be granted continuing contract status.
§18A-2-7. Assignment, transfer, promotion, demotion, suspension and recommendation of
dismissal of school personnel by superintendent; preliminary notice of
transfer; hearing on the transfer; proof required.
(a) The superintendent, subject only to approval of the board, may assign, transfer, promote,
demote or suspend school personnel and recommend their dismissal pursuant to provisions of this
chapter. However, an employee shall be notified in writing by the superintendent on or before
February April 1 if he or she is being considered for transfer or to be transferred. Only those
employees whose consideration for transfer or intended transfer is based upon known or expected
circumstances which will require the transfer of employees shall be considered for transfer or
intended for transfer and the notification shall be limited to only those employees. Any teacher or
employee who desires to protest the proposed transfer may request in writing a statement of the reasons for the proposed transfer. The statement of reasons shall be delivered to the teacher or
employee within ten days of the receipt of the request. Within ten days of the receipt of the
statement of the reasons, the teacher or employee may make written demand upon the superintendent
for a hearing on the proposed transfer before the county board. of education The hearing on the
proposed transfer shall be held on or before March May 15. At the hearing, the reasons for the
proposed transfer must be shown.
(b) The superintendent at a meeting of the board on or before March May 15 shall furnish
in writing to the board a list of teachers and other employees to be considered for transfer and
subsequent assignment for the next ensuing school year. An employee who was not provided notice
and an opportunity for a hearing pursuant to subsection (a) of this section may not be included on
the list. All other teachers and employees not so listed shall be considered as reassigned to the
positions or jobs held at the time of this meeting. The list of those recommended for transfer shall
be included in the minute record of the meeting and all those so listed shall be notified in writing,
which notice shall be delivered in writing, by certified mail, return receipt requested, to the persons'
last known addresses within ten days following the board meeting, of their having been so
recommended for transfer and subsequent assignment and the reasons therefor.
(c) The superintendent's authority to suspend school personnel shall be temporary only
pending a hearing upon charges filed by the superintendent with the board of Education and the
period of suspension may not exceed thirty days unless extended by order of the board.
(d) The provisions of this section respecting hearing upon notice of transfer is not applicable
in emergency situations where the school building becomes damaged or destroyed through an
unforeseeable act and which act necessitates a transfer of the school personnel because of the
aforementioned condition of the building.
§18A-2-8a. Notice to probationary personnel of rehiring or nonrehiring; hearing.
(a) The superintendent at a meeting of the board on or before March 15 May 30 of each year
shall provide in writing to the board a list of all probationary teachers that he or she recommends to be rehired for the next ensuing school year. The board shall act upon the superintendent's
recommendations at that meeting in accordance with section one of this article. The board at this
same meeting also shall also act upon the retention of other probationary employees as provided in
sections two and five of this article. Any such probationary teacher or other probationary employee
who is not rehired by the board at that meeting shall be notified in writing, by certified mail, return
receipt requested, to such the persons' last known addresses within ten days following said the board
meeting, of their not having been rehired or not having been recommended for rehiring.
(b) Any probationary teacher who receives notice that he or she has not been recommended
for rehiring or other probationary employee who has not been reemployed may within ten days after
receiving the written notice request a statement of the reasons for not having been rehired and may
request a hearing before the board. The hearing shall be held at the next regularly scheduled county
board of education meeting or a special meeting of the board called within thirty days of the request
for hearing. At the hearing, the reasons for the nonrehiring must be shown.
§18A-2-12. Performance evaluations of school personnel; professional personnel evaluation
process.
(a) The Legislature finds that all personnel should be evaluated annually, but there are many
methods of evaluating and the types of evaluations can be different.
(a) (b) The state board shall promulgate a rule in accordance with article three-b, chapter
twenty-nine-a of this code adopt adopting a written system for the evaluation of the employment
performance of personnel, which system shall be applied uniformly by county boards of education
in the evaluation of the employment performance of personnel employed by the board. If necessary,
the state board shall promulgate an emergency rule to implement the provisions of this section.
(b) (c) The system adopted by the state board for evaluating the employment performance
of professional personnel shall be in accordance with the provisions of this section.
(c) (d) For purposes of this section, 'professional personnel', 'professional' or 'professionals',
means professional personnel as defined in section one, article one of this chapter.
(d) (e) In developing the professional personnel performance evaluation system, and
amendments thereto, the state board shall consult with the Center for Professional Development
created in article three-a of this chapter. The center shall participate actively with the state board in
developing written standards for evaluation which clearly specify satisfactory performance and the
criteria to be used to determine whether the performance of each professional meets such those
standards.
(e) (f) The performance evaluation system shall contain, but shall not be limited to, the
following information:
(1) The professional personnel positions to be evaluated, at least including classroom
teachers, principals, county superintendents and any other professional personnel to be evaluated,
whether they be teachers professional educators, other professional employees or substitute teachers;
administrators, principals or others
(2) The frequency and duration of the evaluations which shall be on a regular at least an
annual basis and of such frequency and duration as to insure the collection of a sufficient amount of
data from which reliable conclusions and findings may be drawn: Provided, That for school
personnel with five or more years of experience, who have not received an unsatisfactory rating,
evaluations shall be conducted no more than once every three years unless the principal determines
an evaluation for a particular school employee is needed more frequently: Provided, however, That
for classroom teachers with five or more years of experience who have not received an unsatisfactory
rating, an evaluation shall be conducted or professional growth and development plan required only
when the principal determines it to be necessary for a particular classroom teacher, or when a
classroom teacher exercises the option of being evaluated at more frequent intervals;
(3) The processes for evaluating teachers, professional support personnel and athletic coaches
shall be as follows:
(A) Teachers in their first or second year of employment shall be evaluated two times per
year. Each evaluation shall include a minimum of two observations of thirty minutes duration each;
(B) Teachers in their third year of employment shall have one evaluation per year including
two observations of thirty minutes duration each;
(C) Additional observations and evaluations may be scheduled for teachers in their first,
second or third year at the discretion of the principal to address deficiencies or at the discretion of
the teacher to improve on results from a previous unsatisfactory evaluation;
(D) Teachers in their fourth or subsequent year of employment who have not received an
unsatisfactory evaluation rating during any of the previous three years shall be evaluated in
accordance with paragraphs (A) and (C) of this subdivision, in accordance with paragraphs (B) and
(C) of this subdivision or using a professional growth and development plan method of evaluation.
The professional growth and development plan method of evaluation may include, but is not limited
to, the following:
(i) Obtaining additional certification;
(ii) Obtaining an advanced degree;
(iii) Increasing student achievement;
(iv) Completing leadership training;
(v) Chairing of a school committee such as a local school improvement council, faculty
senate or school curriculum team; and
(vi) Serving as a mentor teacher.
The teacher and principal or assistant principal, as applicable, shall mutually agree to one of
the three evaluation options. If the professional growth and development plan method of evaluation
is agreed to, the teacher and principal or assistant principal, as applicable, shall mutually agree on
what the professional growth and development plan is to include.
(E) The principal or assistant principal and the teacher shall hold a meeting after the
evaluation is concluded to discuss the evaluation. The principal or assistant principal shall record
the names of the teachers evaluated by him or her whose performance he or she determines to be
satisfactory and for whom no further evaluative measures are required. The principal or assistant principal also shall make record of any walk-through evaluations he or she conducts;
(F) Teachers in their fourth or subsequent year of employment who have received an
unsatisfactory evaluation rating during any of the previous three years shall be evaluated using the
processes specified in paragraphs (B) and (C) of this subdivision and as may be provided in a written
improvement plan to address unsatisfactory performance;
(G) For any teacher that is employed at a different school that is under a different principal
than the teacher was under the previous year, that teacher shall be evaluated during the first year of
employment at the school in accordance with paragraphs (A) and (C) regardless of the number of
years previously employed in another school. Any teacher that is employed at a school that is given
low-performing accreditation status pursuant to section five, article two-e, chapter eighteen of this
code, is not subject to the evaluation requirement set forth in this paragraph;
(H) The evaluation of professional support personnel and athletic coaches shall be conducted
under a similar process;
(I) Each person evaluated under the provisions of this subdivision shall be provided written
results of their evaluation; and
(J) Any school that is receiving a federal School Improvement Grant and any employees
assigned to the school are exempt from any requirement of this subdivision that conflicts with any
conditions for receiving that grant.
(3) (4) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance of the personnel in their
assigned duties;
(B) Provide an indicator of satisfactory performance for individual professionals;
(C) Serve as documentation for a dismissal on the grounds of unsatisfactory performance;
and
(D) Serve as a basis for programs to increase the professional growth and development of
professional personnel;
(4) (5) The standards for satisfactory performance for professional personnel and the criteria
to be used to determine whether the performance of each professional meets such those standards
and other criteria for evaluation for each professional position evaluated. Effective July 1, 2003 and
thereafter, professional personnel, as appropriate, shall demonstrate competency in the knowledge
and implementation of the technology standards adopted by the state board. If a professional fails
to demonstrate competency, in the knowledge and implementation of these standards, he or she will
be subject to an improvement plan to correct the deficiencies; and
(5) (6) Provisions for a written improvement plan to address unsatisfactory performance,
which shall be specific as to what improvements, if any, are needed in the performance of the
professional and shall clearly set forth recommendations for improvements, including
recommendations for additional education and training during the professional's recertification
process.
(f) (g) A professional whose performance is considered to be unsatisfactory shall be given
notice of deficiencies. A remediation plan to correct deficiencies shall be developed by the
employing county board of education and the professional. The professional shall be given a
reasonable period of time for remediation of the deficiencies and shall receive a statement of the
resources and assistance available for the purposes of correcting the deficiencies.
(g) (h) No person may evaluate professional personnel for the purposes of this section unless
the person has an administrative certificate issued by the state superintendent and has successfully
completed education and training in evaluation skills through the center for professional
development, or equivalent education training approved by the state board, which will enable the
person to make fair, professional, and credible evaluations of the personnel whom the person is
responsible for evaluating. After July 1, 1994, No person may be issued an administrative certificate
or have an administrative certificate renewed unless the state board determines that the person has
successfully completed education and training in evaluation skills through the center for professional
development, or equivalent education and training approved by the state board.
(h) (i) Any professional whose performance evaluation includes a written improvement plan
to address unsatisfactory performance shall be given an opportunity to improve his or her
performance through the implementation of the plan. If the next performance evaluation shows that
the professional is now performing satisfactorily, no further action may be taken concerning the
original performance evaluation. If the evaluation shows that the professional is still not performing
satisfactorily, the evaluator either shall make additional recommendations for improvement or may
recommend the dismissal of the professional in accordance with the provisions of section eight of
this article.
(i) (j) Lesson plans are intended to serve as a daily guide for teachers and substitutes for the
orderly presentation of the curriculum. Lesson plans may not be used as a substitute for observations
by an administrator in the performance evaluation process. A classroom teacher, as defined in
section one, article one of this chapter, may not be required to post his or her lesson plans on the
Internet or otherwise make them available to students and parents or to include in his or her lesson
plans any of the following:
(1) Teach and reteach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve as a guide to the teacher or
substitute for daily instruction. and
(j) (k) The Legislature finds that classroom teachers must be free of unnecessary paper work
so that they can focus their time on instruction. Therefore, classroom teachers may not be required
to keep records or logs of routine contacts with parents or guardians.
(k) (l) Nothing in this section may be construed to prohibit classroom teachers from
voluntarily posting material on the Internet.
§18A-2-12a. Statement of policy and practice for the county boards and school personnel to
minimize possible disagreement and misunderstanding.
(a) The Legislature makes the following findings:
(1) The effective and efficient operation of the public schools depends upon the development
of harmonious and cooperative relationships between county boards and school personnel;
(2) Each group has a fundamental role to perform in the educational program and each has
certain separate, distinct and clearly defined areas of responsibility as provided in chapters eighteen
and eighteen-a of this code; and
(3) There are instances, particularly involving questions of wages, salaries and conditions of
work, that are subject to disagreement and misunderstanding between county boards and school
personnel and may not be so clearly set forth.
(b) The purpose of this section is to establish a statement of policy and practice for the county
boards and school personnel, as follows, in order to minimize possible disagreement and
misunderstanding:
(1) County boards, subject to the provisions of this chapter, chapter eighteen of this code and
the policies and rules of the state board, are responsible for the management of the schools within
their respective counties. The powers and responsibilities of county boards in setting policy and in
providing management are broad, but not absolute;
(2) The school personnel shares the responsibility for putting into effect the policies and
practices approved by the county board that employs them and the school personnel also have certain
rights and responsibilities as provided in statute, and in their contracts;
(3) School personnel are entitled to meet together, form associations and work in concert to
improve their circumstances and the circumstances of the schools;
(4) County boards and school personnel can most effectively discharge their total
responsibilities to the public and to each other by establishing clear and open lines of
communication. School personnel should be encouraged to make suggestions, proposals and
recommendations through appropriate channels to the county board. Decisions of the county board concerning the suggestions, proposals and recommendations should be communicated to the school
personnel clearly and openly;
(5) Official meetings of county boards are public meetings. School personnel are free to
attend the meetings without fear of reprisal and should be encouraged to attend;
(6) All school personnel are entitled to know how well they are fulfilling their responsibilities
and should be offered the opportunity of open and honest evaluations of their performance on a
regular basis and in accordance with the provisions of section twelve of this article. All school
personnel are entitled to opportunities to improve their job performance prior to the termination or
transfer of their services. Decisions concerning the promotion, demotion, transfer or termination of
employment of school personnel, other than those for lack of need or governed by specific statutory
provisions unrelated to performance, should be based upon the evaluations, and not upon factors
extraneous thereto. All school personnel are entitled to due process in matters affecting their
employment, transfer, demotion or promotion; and
(7) All official and enforceable personnel policies of a county board must be written and
made available to its employees."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2757 - "A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7,
§18A-2-8a, §18A-2-12 and §18A-2-12a of the Code of West Virginia, 1931, as amended, all
relating to school personnel; changing certain deadlines associated with the termination, resignation
and transfer of school personnel and rehiring of probationary employees; requiring state board rules
adopting a written system for the evaluation of the employment performance of personnel; requiring
an emergency rule if necessary; setting forth minimum professional personnel positions to be
evaluated; requiring evaluations to be on an annual basis; setting forth processes for evaluating
teachers, professional support personnel and athletic coaches that depend on years of employment
and whether employed in a different school with a different principal; requiring meeting after evaluation has concluded to discuss evaluation; requiring recording of names of certain employees
evaluated whose performance is satisfactory; requiring record of walk-through evaluations; requiring
provision of written results of evaluation; exempting any school receiving a federal School
Improvement Grant from certain evaluation requirements that conflict with any conditions for
receiving the grant; and clarifying written improvement plan."
On motion of Delegate Boggs, the House refused to concur in the Senate amendments and
requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill
of the House of Delegates, as follows:
Com. Sub. for H. B. 2860, Authorizing the promulgation of rules by the Governor's
Committee on Crime, Delinquency and Correction.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
Com. Sub. for H. B. 2860 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-9-5, all relating to authorization of the promulgation
of certain rules by the Governor's Committee on Crime, Delinquency and Correction regarding
identification, investigation, reporting, and prosecution of suspected child abuse and neglect;
convening certain meetings of advisory committee to assist in development of rules; and providing
for composition of advisory committee."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate title
amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 305), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Armstead, Kump, Lane, Storch and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2860) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill
of the House of Delegates, as follows:
Com. Sub. for H. B. 2936, Changing the date of the canvassing of votes in a primary
election.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
Com. Sub. for H. B. 2936 - "A Bill to amend and reenact §3-5-17 of the Code of West
Virginia, 1931, as amended, relating to changing the date of the canvassing of votes in a primary
election from the Friday following a primary election to the fifth day following a primary election
that is not a Saturday, Sunday or legal holiday."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate title
amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 306), and there were--yeas
97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Ellington and Gearheart.
Absent and Not Voting: Crosier.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2936) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill
of the House of Delegates, as follows:
Com. Sub. for H. B. 3034, Recognizing outstanding students who are top achievers in
scholastic studies
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
Com. Sub. for H. B. 3034 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto two new sections, designated §18-2-38 and §18-2-39; and to amend said code by
adding thereto a new section, designated §18-2E-8g, all relating to student performance and progress;
requiring the state board to promulgate a rule establishing a high-quality digital learning program;
specifying ten elements the program must encompass which are elements pertaining to student
eligibility, student access, personalized learning, advancement, content, instruction, digital learning
providers, assessment, accountability, funding and delivery; recognizing the State Board of
Education's Middle School Global 21 initiative including its goals, objectives and process;
recognizing that the State Board of Education is seeking state funding for the implementation of the
initiative; and requiring State Board of Education to report to the Legislative Oversight Commission
on Education Accountability at certain intervals on the implementation of the initiative until fully
implemented; requiring the State Board of Education to establish a program to recognize certain
students who are top scorers in each subject area of the statewide summative assessment known as
the WESTEST2 or any successor tests, in each grade level tested; and requiring the scores on the test
to be made a part of the student's permanent record."
On motion of Delegate Boggs, the House refused to concur in the Senate amendment and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates, as follows:
Com. Sub. for H. B. 3196, Establishing a program and procedure for certifying medications
assistive persons in the health industry.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
article, designated §30-7D-1, §30-7D-2, §30-7D-3, §30-7D-4, §30-7D-5, §30-7D-6, §30-7D-7, §30-
7D-8, §30-7D-9, §30-7D-10, §30-7D-11, §30-7D-12 and §30-7D-13, all to read as follows:
ARTICLE 7D. MEDICATION ASSISTIVE PERSONS.
§30-7D-1. Pilot program.
A pilot program is herein developed to monitor the practice of unlicensed personnel
administering medication in the nursing home setting. Monitoring of this pilot program shall be
conducted by the West Virginia Board of Examiners for Registered Professional Nurses and shall
encompass the following:
(1) Signed participation agreements from a minimum of ten nursing homes licensed in West
Virginia that meet participation requirements as determined by the board. The pilot program will
not progress unless this requirement is met.
(2) After a period of six months of monitoring the implementation of the pilot program, a
report shall be provided to the Legislative Commission for Health and Human Resources Accountability.
§30-7D-2. Definitions.
As used in this article:
(1) 'Board' means the West Virginia Board of Examiners for Registered Professional Nurses;
(2) 'Designated facility' means a type of facility determined by the board as an environment
in which medication assistive persons may serve in accordance with the requirements of this article
and rules promulgated by the board;
(3) 'Medication assistive person' means a person who is certified by the board to administer
certain nonprescription and legend drugs in designated facilities;
(4) 'Supervision' means the active oversight of patient care services while on the premises
of a designated facility in a manner defined by the board; and
(5) 'MA-C' is the designation for a person who is certified as a medication assistive person.
§30-7D-3. Certificate required.
In order to safeguard life and health, any person serving or offering to serve as a medication
assistive person shall:
(1) Submit evidence that he or she is qualified; and
(2) Be certified as provided in this article.
§30-7D-4. Designated facilities.
(a) The West Virginia Board of Examiners for Registered Professional Nurses shall designate
the types of facilities that may use medication assistive persons.
(b) (1) Designated facilities may not be required to use medication assistive persons.
(2) If a designated facility elects to use medication assistive personnel, the facility shall notify
the board in a manner prescribed by the board.
§30-7D-5. Qualifications.
(a) In order to be certified as a medication assistive person, an applicant shall submit to the
West Virginia Board of Examiners for Registered Professional Nurses an application and appropriate fee. During the pilot program, temporary certificates will be issued. At the completion of the pilot
program, if proven successful, qualified individuals holding a temporary certificate as a medication
assistive person meeting requirements for full certification shall be issued a permanent certificate.
The application shall provide written evidence, verified by oath, that the applicant:
(1) (A) Is currently listed in good standing on the state's certified nurse aide registry;
(B) Has maintained registration on the state's certified nurse aide registry continuously for
a minimum of one year;
(C) Has completed at least one continuous year of full-time experience as a certified nurse
aide in this state;
(D) Is currently employed at a designated facility;
(E) Has a high school diploma or the equivalent;
(F) Has successfully completed a literacy and reading comprehension screening process
approved by the board;
(G) Has completed a state and federal criminal background check in compliance with board
requirements;
(H) Has successfully completed a medication assistive person training course of not less than
one hundred hours approved by the board; and
(I) Has successfully passed an examination on subjects the board determines; or
(2) (A) Has completed a portion of a nursing education program equivalent to the medication
assistive person training course; and
(B) Passed the medication aide examination.
(b) The board may issue a certification as a medication assistive person by endorsement to
an applicant who has been licensed or certified as a medication assistive person under the laws of
another state or territory if:
(1) In the opinion of the board, the applicant meets the qualifications of medication assistive
persons in this state; and
(2) The board recommends certification.
(c) Any person holding a certification as a medication assistive person may use the title
'medication aide-certified' and the abbreviation 'MA-C'.
§30-7D-6. Scope of work.
(a) (1) A medication assistive person may perform the delegated nursing function of
medication administration and related tasks in accordance with rules promulgated by the West
Virginia Board of Examiners for Registered Professional Nurses.
(2) A medication assistive person shall perform medication administration and related tasks
only:
(A) At a designated facility; and
(B) Under the supervision of a registered professional nurse.
(3) (A) Medication administration is limited to the administration of nonprescription and
legend drugs ordered by an authorized prescriber and only by the following methods:
(i) Orally;
(ii) Topically;
(iii) Drops for eye, ear or nose;
(iv) Vaginally;
(v) Rectally;
(vi) Transdermally; and
(vii) Via oral inhaler.
(B) Medication administration by a medication assistive person may not include controlled
substances.
(b) A medication assistive person may not:
(1) Receive, have access to or administer any controlled substance;
(2) Administer parenteral, enteral, or injectable medications;
(3) Administer any substances by nasogastric, oralgastric or gastrostomy tubes;
(4) Calculate drug dosages;
(5) Destroy medication;
(6) Receive orders either in writing or verbally for new or changed medications;
(7) Transcribe orders from the medical record;
(8) Order initial medications;
(9) Evaluate medication error reports;
(10) Perform treatments;
(11) Conduct patient assessments or evaluations; or
(12) Engage in patient teaching activities.
§30-7D-7. Renewal of certifications.
(a) (1) The West Virginia Board of Examiners for Registered Professional Nurses shall
prescribe the procedure for the cyclical renewal of medication assistive person certifications.
(2) In each case, the board shall provide a notification for renewal to the medication assistive
person at least thirty days before the expiration date of the certification by United States Postal
Service or by electronic means.
(b) (1) Upon receipt of the renewal application and the fee, the board shall verify the accuracy
of the application.
(2) (A) If the board finds the application to be accurate and related documents indicate that
the applicant remains in good standing, the board shall issue a certificate of renewal to the applicant.
(B) As a condition of certification renewal, a medication assistive person shall be:
(i) Currently listed in good standing on the state's certified nurse aide registry; and
(ii) Required to satisfactorily complete all continuing education required in the legislative
rules governing the practice of the MA-C.
(c) The renewal renders the holder of the certificate a legal provider of medication assistive
person services for the period stated in the certificate of renewal.
(d) Any medication assistive person who allows his or her certification to lapse by failing to renew the certification as provided in this section may be reinstated by the board on:
(1) Payment of the renewal fee plus a penalty; and
(2) Submission of evidence that the person currently meets the requirements to serve as a
medication assistive person.
(e) Any person providing services as a medication assistive person during the time his or her
certification has lapsed is considered to be providing services illegally and is subject to the penalties
provided for violations of this article.
§30-7D-8. Disciplinary actions.
(a) The West Virginia Board of Examiners for Registered Professional Nurses has sole
authority to deny, suspend, revoke or limit any medication assistive person certificate issued by the
board or applied for in accordance with the provisions of this article or to otherwise discipline a
certificate holder upon proof that the person:
(1) Is or was guilty of fraud or deceit in procuring or attempting to procure a certificate to
practice as a medication aide certified;
(2) Has been found guilty of or pled guilty or nolo contendere to a felony, crime of moral
turpitude or violation of chapter sixty-one-a of this code;
(3) Is unfit or incompetent by reason of negligence, habits or other causes;
(4) Is habitually intemperate or is addicted to the use of habit-forming drugs;
(5) Is mentally incompetent;
(6) Is guilty of unprofessional conduct;
(7) Is practicing or attempting to practice as a medication aide certified without a
certification;
(8) Has had a license, certificate, or registration revoked or suspended;
(9) Has been placed on probation or under disciplinary order in any jurisdiction;
(10) Has voluntarily surrendered a license, certification, or registration and has not been
reinstated in any jurisdiction; or
(11) Has willfully or repeatedly violated any of the provisions of this article.
(b) The board shall refuse to issue or shall revoke the certificate of any person who would
be disqualified from employment under the provisions of this law or the rules governing the practice
of the medication assistive person.
(c) Proceedings under this section shall be conducted in accordance with the West Virginia
Administrative Procedure Act, chapter twenty-nine-a of this code.
§30-7D-9. Offenses and Penalties.
(a) It shall be a misdemeanor for any person to:
(1) Sell or fraudulently obtain or furnish any medication assistive person's certificate, renewal
or record, or aid or abet in any such sale or fraud;
(2) Serve as a medication assistive person under cover of any certificate or record illegally
or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(3) Serve as a medication assistive person unless certified by the West Virginia Board of
Examiners for Registered Professional Nurses;
(4) Use in connection with his or her name any of the following titles, names, or initials if
the user is not properly certified under this article:
(A) Medication assistive person;
(B) M.A.P.;
(C) Medication aide;
(D) Medication technician;
(E) Certified medication aide;
(F) C.M.A.;
(G) Medication Aide - certified;
(H) MA-C; or
(I) Any other name, title, or initials that would cause a reasonable person to believe the user
is certified under this article;
(5) Serve as a medication assistive person during the time his or her certification is
suspended;
(6) Conduct an education program for the preparation of medication assistive persons unless
the program has been approved by the board; or
(7) Otherwise violate any provisions of this article.
(b) Any person convicted of any such misdemeanor shall be punished by a fine of not less
than $25 nor more than $250.
§30-7D-10. Injunction.
(a) The Kanawha County circuit court is vested with jurisdiction and power to enjoin the
unlawful provision of medication assistive person services in any county of the State of West
Virginia in a proceeding initiated by the West Virginia Board of Examiners for Registered
Professional Nurses, any member of the board, or any citizen in this state.
(b) (1) The issuance of an injunction does not relieve a person from criminal prosecution for
violation of the provisions of this article.
(2) The remedy of injunction is in addition to liability for criminal prosecution.
§30-7D-11. Medication Assistive Person Advisory Committee.
(a) (1) The Medication Assistive Person Advisory Committee is created as an advisory
committee to the West Virginia Board of Examiners for Registered Professional Nurses.
(2) The committee shall assist the board in implementing the provisions of this article
regarding medication assistive persons.
(b) The board shall appoint six members who have the following qualifications:
(1) Two members shall be certified medication assistive persons;
(2) One member shall be a licensed nursing home administrator who has worked in that
capacity for at least three years;
(3) One member shall be a registered nurse who has been in a practice using certified nurse
aides for at least three years;
(4) One member shall be a lay person representing the interests of consumers of health care
services; and
(5) One member shall be a nursing faculty member of a West Virginia nursing education
program.
(c) Members shall serve three-year terms.
(d) The board may remove any committee member after notice and hearing for incapacity,
incompetence, neglect of duty or malfeasance in office.
(e) The members of the committee shall serve without compensation but may receive expense
reimbursement in accordance with applicable law or rule.
§30-7D-12. Applicability of article.
Nothing in this article relieves a nurse from the responsibility of assessing each patient daily
and as needed to assure public safety and safe medication administration.
§30-7D-13. Rulemaking authority.
The board may promulgate emergency rules pursuant to the provisions of section fifteen,
article three, chapter twenty-nine-a of the code."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 3196 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §30-7D-1, §30-7D-2 and §30-7D-3, §30-7D-4, §30-7D-5,
§30-7D-6, §30-7D-7, §30-7D-8, §30-7D-9, §30-7D-10, §30-7D-11, §30-7D-12 and §30-7D-13, all
relating to medication assistive persons in the nursing home setting; creating a pilot program;
defining terms; requiring certification; designating certain facilities; stating qualifications to serve
as a medication assistive person; detailing the scope of a medication assistive person's work; setting
requirements for renewal of certifications; creating disciplinary authority in the West Virginia Board
of Examiners for Registered Professional Nurses; creating misdemeanor offenses for certain
violations; creating criminal penalties; vesting the Kanawha County circuit court with jurisdictional and power to enjoin violations; creating the medication assistive person advisory committee;
ensuring nurses responsibilities are not changed; and authorizing emergency rule-making authority."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 307), and there were--yeas
99, nays 0, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 3196) passed.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 155 Extending the Committee of Conference relating to consideration of Com. Sub.
for H. B. 2464, Adding additional requirements to the Ethics Act.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 44 - "Requesting the Joint Committee on Government and Finance study utility
services in the State of West Virginia."
Whereas, Utility services are necessary to the economic well - being of our State and the
health of our citizens; and
Whereas, Many of the utility facilities in this State are of unknown origins and in unknown
conditions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study utility services 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, 2012, on its findings, conclusions and 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 55 - "Requesting the Division of Highways to name a stretch of highway on state
route 35 from the mouth of Sweetwater Branch to Gourd Branch, in Wayne County, the 'Perry
Brothers Memorial Highway'."
Whereas, Clarence, Raymond, Curtis, Clyde, Glen, Woodrow and James Perry are brothers,
all of whom served in the United States Navy; and
Whereas, Clarence, Raymond, Curtis, Clyde and Glen Perry all served in the Pacific during
World War II, while Woodrow served stateside; and
Whereas, James served from 1950 to 1954, on a ship that was stationed all around the
world; and
Whereas, Four of the Perry brothers returned to civilian life, two retired from the Navy,
three became school teachers, one was a federal mine inspector and one a heavy mine equipment
operator; and
Whereas, While Clarence, Raymond, Curtis, Clyde, Glen and James Perry have passed on,
Woodrow continues to live; and
Whereas, It is fitting and proper, to recognize Clarence, Raymond, Curtis, Clyde, Glen,
Woodrow and James Perry for their dedicated service to their country, state and communities by naming this highway in their honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a stretch of highway
on state route 35 from the mouth of Sweetwater Branch to Gourd Branch, in Wayne County, the
"Perry Brothers Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "Perry Brothers Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and Woodrow Perry.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 56 - "Requesting the Division of Highways to name a stretch of highway on State
Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the 'Crum
Brothers Memorial Highway'."
Whereas, Nelon, John, Hubert and Hobert Crum are brothers, all of whom fought for their
country in World War II; and
Whereas, Nelon Crum was born February 8, 1917, entered the service on December 9,
1942, and served in the Pacific Theater fighting against the Japanese; and
Whereas, John Crum was born October 15, 1914, and enter the service on March 25, 1942
and served in the Pacific Theater until January 26, 1946; and
Whereas, Hubert and Hobert Crum were twins, born on May 29, 1923, and entered the
service on April 15, 1943, and fought in the European Theater fighting the Germans; and
Whereas, Nelon, John, Hubert and Hobert Crum all returned home after the war to lead
productive lives, become family men and help their neighbors when in need; and
Whereas, While Nelon, John and Hubert have passed on, Hobert continues to serve his
community; and
Whereas, Hobert Crum served as Chairman of the Cabwaylingo Forest Foundation for five
years; and
Whereas, Hobert Crum voluntarily built three of the Forest Picnic Shelters and a basketball
court; and
Whereas, The Crum brothers have built many burial caskets for families who could not
afford them and aided in digging more than 100 graves; and
Whereas, It is fitting and proper, for their dedicated public service to their country, state and
community, that this highway be named to memorialize the lives of the Crum brothers; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a stretch of highway
on State Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the
"Crum Brothers Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "Crum Brothers Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and Hobert Crum.
Resolutions Introduced
Delegates Fleischauer, Azinger, Barill, Brown, Butcher, D. Campbell, Doyle, Duke, Ferns,
Hamilton, Hatfield, Iaquinta, Manypenny, Marshall, Martin, Moore, Moye, Perry, Pino, D. Poling,
M. Poling, Poore, Rodighiero, Shaver, Skaff, Smith, Staggers, Swartzmiller, Talbott,
Wells and Williams offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 156 - "Requesting the Joint Committee on Government and Finance to authorize the Joint Committee on Health and the Joint Committee on Infrastructure to both study the: (1) Laws
affecting the ability of children to safely walk or bicycle to school; and (2) determine what alterations
in policy can be made to facilitate the safety of children walking and bicycling to school."
Whereas, The youth obesity rate in West Virginia and nationwide has tripled in the past
twenty years; and
Whereas, The percentage of children walking to school has decreased from 50% in 1969
to 13% in 2004; and
Whereas, Research shows that walking an extra 15 minutes per day can result in 2-4 pounds
of fat burned in a year; and
Whereas, The number one concern of parents in encouraging their children to walk or bike
to school is safety which is compromised by the speed and volume of traffic. These are directly
related to local and state infrastructure policy; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance authorize the Joint Committee on
Health and the Joint Committee on Infrastructure to both study the impact of state and local laws,
regulations, and policies on the safety and convenience of use of pedestrian routes to and from
schools; and, be it
Further Resolved, That the Committees on Health and Infrastructure both report to the Joint
Committee on Government and Finance prior to the first day of the regular session, 2012, on their
findings, conclusions and recommendations together with drafts of any legislation to effectuate their
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Mahan and Guthrie offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. R. 41 - "Requesting the Joint Committee on Government and Finance study the cost-
effectiveness of transporting animals from shelters in West Virginia to other states that have a system
for adoption compared to the present system in West Virginia of maintaining animals for a statutorily
prescribed period of time followed by euthanasia."
Whereas, Overpopulation of domestic animals is a problem in West Virginia and creates
a financial burden on the counties of the state; and
Whereas, West Virginia seeks a more cost-effective and humane system than its current one
for addressing its domestic animal overpopulation within its borders; and
Whereas, Many states, particularly northeastern states, have the capacity and willingness
to absorb some of West Virginia's animal overpopulation; therefore, be it
Resolved by the House of Delegates of West Virginia:
That the Joint Committee on Government and Finance study the cost-effectiveness of
transporting West Virginia's excess animal population to other states; and, be it
Further Resolved, That the study conducted by the Joint Committee on Government and
Finance specifically evaluate options for animal transportation including, but not limited to, use of
shelter employees employed by counties of West Virginia, use of volunteers and use of transporters
from potential receiving states; and, be it
Further Resolved, That the Joint Committee on Government and Finance explore the
possibility of defraying the costs of the program through public or private sector grants or funding;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2012, 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 legislation be paid from legislative appropriations to the Joint Committee on Government
and Finance.
Still being in possession of the Clerk, Com. Sub. for H. B. 3196, Establishing a program and
procedure for certifying medications assistive persons in the health industry, was taken up for further
consideration.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 308), and there were--yeas 99, nays
0, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3196) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Special Calendar
Unfinished Business
H. R. 40, Expressing the will of the House of Delegates in supporting the Wisconsin state
employees and others that will be affected by legislation introduced by Wisconsin Governor Scott
Walker; coming up in regular order, as unfinished business, was read by the Clerk.
The question now being on the adoption of the resolution, Delegate Caputo demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 309), and there were--yeas
65, nays 34, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Border, Carmichael, Cowles, Craig,
Duke, Ellington, Evans, Gearheart, Hartman, Householder, Howell, Ireland, Kump, Lane, Michael,
C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer,
Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 40) adopted.
Delegate Lane submitted to the Clerk a written explanation of his vote on H. R. 40 as
follows:
The West Virginia House of Delegates has no business interfering in the internal business of
the sovereign State of Wisconsin. We should be about the business and issues concerning the people
of the State of West Virginia.
The following resolutions coming up in regular order, as unfinished business, were
reported by the Clerk and adopted:
H. C. R. 65, Requesting the Joint Committee on Government and Finance study the
state's in-home direct care workforce,
H. C. R. 126, Requesting a study on the need for criminal penalties for utilizing
computers, mobile telephones and electronic devices to transmit obscene, anonymous and
harassing communications,
H. C. R. 143, Requesting the Joint Committee on Government and Finance to
conduct a study on combining the state health care programs into a single agency,
H. C. R. 144, Requesting the Joint Committee on Government and Finance study the
feasibility of requiring the West Virginia Department of Health and Human Resources to
annually review rates of its various programs pay to health care providers,
And,
H. C. R. 149, Urging the PSC act to review the condition of the Pruntytown to Mt.
Storm 500kV transmission line and order the rebuilding and reconductoring of that
transmission line as soon as is practical.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein on those requiring the same.
Third Reading
Com. Sub. for H. B. 2012, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on third
reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
Delegate Cowles moved to amend the bill on page ten, section four, line one hundred
seventy, following the word "article" by striking out the period and inserting in lieu thereof
a colon and the following language:
" Provided, That pursuant to the provisions of section 4b, article 1A, chapter 5 of this
code any unclassified appropriation exceeding one percent shall be transferred to the General
Revenue Fund."
On the adoption of the amendment, Delegate Cowles demanded the yeas and nays,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 310), and there
were--yeas 30, nays 69, absent and not voting 1, with the yeas and absent and not voting
being as follows:
Yeas: Andes, Armstead, Border, Canterbury, Carmichael, Cowles, Duke, Ellem,
Ellington, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane, C. Miller, J.
Miller, Nelson, O'Neal, Overington, Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya,
Storch, Sumner and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Having been engrossed, the bill was then read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 311), and there
were--yeas 77, nays 15, absent and not voting 8, with the nays and absent and not voting
being as follows:
Nays: Andes, Carmichael, Cowles, Duke, Ellington, Gearheart, Householder,
Howell, Kump, Lane, J. Miller, Overington, Savilla, Sobonya and Walters.
Absent and Not Voting: Armstead, T. Campbell, Craig, Crosier, Ennis, Hamilton,
Ireland and Paxton.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2012) passed.
Still being in possession of the Clerk, the bill was taken up for further consideration.
On motion of Delegate Boggs, the House of Delegates then reconsidered the vote
whereby the bill was passed.
On the passage of the bill, the yeas and nays were taken (Roll No. 312), and there
were--yeas 81, nays 18, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Carmichael, Cowles, Duke, Ellington, Gearheart,
Householder, Howell, Kump, Lane, J. Miller, Overington, Pasdon, Savilla, Sigler, Sobonya
and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2012) passed.
Delegate Boggs moved that the bill take effect upon its passage.
On this question, the yeas and nays were taken (Roll No. 313), and there were--yeas
83, nays 16, absent and not voting 1, with the nays and absent and not voting being as
follows:
Nays: Armstead, Carmichael, Cowles, Duke, Ellington, Gearheart, Householder,
Howell, Kump, J. Miller, Overington, Pasdon, Savilla, Sigler, Sobonya and Walters.
Absent and Not Voting: Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2012) takes effect upon its
passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Delegate Marshall noted to the Clerk that she was absent on February 28, 2011 when
the vote was taken on Roll No. 170, and that had she been present, she would have voted
"Yea" thereon.
At 12: 46 a.m., on motion of Delegate Boggs, the House of Delegates recessed until
4:00 p.m., and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
Delegate Boggs asked and obtained unanimous consent that, for the remainder of the
Session, members of Conference Committees were permitted to vote on any question or issue
before the House which they may have missed as a direct result of their official duties on
Conference Committees, provided that such members notify the Clerk of the House in
writing as to how they desired to vote, and of the day the votes were missed, provided that
any such vote not change the outcome on any question. Further, members were permitted
to notify the Clerk of such instances until adjournment sine die.
third reading
-Continued-
Com. Sub. for S. B. 112, Authorizing Department of Administration promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
Delegate Lane requested to be excused from voting on the passage of Com. Sub. for
S. B. 112 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly
to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest
therein, and refused to excuse the member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
314), and there were--yeas 68, nays 30, absent and not voting 2, with the nays and absent and
not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Gearheart, Householder, Howell, Ireland, Kump, Lane, C. Miller, J.
Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Savilla, Sigler, Snuffer, Sobonya,
Storch, Sumner and Walters.
Absent and Not Voting: Brown and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 112) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 315), and there were--yeas
75, nays 24, absent and not voting 1, with the nays and absent and not voting being as
follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Duke, Gearheart,
Householder, Howell, Ireland, Kump, C. Miller, J. Miller, Nelson, O'Neal, Overington,
Pasdon, Romine, Savilla, Sigler, Snuffer, Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 112) takes effect upon its
passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates.
Com. Sub. for S. B. 121, Authorizing DEP promulgate legislative rules; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 316), and there were--yeas 67, nays 32, absent and not voting 1, with the nays and absent and
not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Ellington, Evans, Fleischauer, Gearheart, Householder, Howell,
Ireland, Kump, Lane, Marshall, C. Miller, J. Miller, O'Neal, Overington, Romine, Rowan,
Savilla, Sigler, Snuffer, Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 121) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 317), and there were--yeas
72, nays 27, absent and not voting 1, with the nays and absent and not voting being as
follows:
Nays: Anderson, Andes, Armstead, Border, Carmichael, Cowles, Duke, Ellem,
Ellington, Evans, Fleischauer, Gearheart, Householder, Howell, Ireland, Kump, C. Miller,
J. Miller, O'Neal, Overington, Romine, Rowan, Savilla, Sigler, Snuffer, Sumner and
Walters.
Absent and Not Voting: Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 121) takes effect from its
passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates.
Com. Sub. for S. B. 177, Authorizing Department of Revenue promulgate legislative
rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 318), and there were--yeas 72, nays 27, absent and not voting 1, with the nays and absent and
not voting being as follows:
Nays: Andes, Armstead, Ashley, Border, Carmichael, Cowles, Duke, Ellington,
Gearheart, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Moye, Nelson, O'Neal,
Overington, Romine, Rowan, Savilla, Sigler, Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 177) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 319), and there were--yeas
73, nays 25, absent and not voting 2, with the nays and absent and not voting being as
follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Duke, Ellington, Evans,
Gearheart, Householder, Howell, Kump, C. Miller, J. Miller, Nelson, O'Neal, Overington,
Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier and Marshall.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 177) takes effect from its
passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Reordering of the Calendar
Delegate
Boggs
announced that the Committee on Rules had transferred
Com. Sub.
for S. B. 195, Com. Sub. for S. B. 219, Com. Sub. for H. B. 228, and Com. Sub. for S.
B. 241, on third reading, Special Calendar, to the House Calendar, third reading.
Com. Sub. for S. B. 242, Dedicating portion of coal severance tax to county of origin; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
320), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and
not voting being as follows:
Nays: Carmichael, Cowles, Kump, Savilla and Sobonya.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 242) passed.
An amendment to the title of the bill, recommended by the Committee on Finance,
was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 242 - "A Bill to amend and reenact §11-13A-5a of the Code of
West Virginia, 1931, as amended, relating to distributing five percent of coal severance tax
to the county of the coal's origin as phased in over a five-year period and providing
permissible uses for the moneys."
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Com. Sub. for S. B. 253, Amending insurance code with respect to holding
companies; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
321), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not
voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 253) passed.
Delegate Boggs moved that the bill take effect July 1, 2012.
On this question, the yeas and nays were taken (Roll No. 322), and there were--yeas 99, nays 0, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 253) takes effect July 1, 2012.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Com. Sub. for S. B. 461, Providing criminal penalty for violating restraining order
entered upon conviction for stalking or harassment; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
323), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not
voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 461) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Com. Sub. for S. B. 465, Creating Marcellus Gas and Manufacturing Development
Act; on third reading, coming up in regular order, was, on motion of Delegate Boggs, placed
at the foot of bills on third reading.
Com. Sub. for S. B. 484, Relating to management agreements of Higher Education
Policy Commission; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
324), and there were--yeas 83, nays 16, absent and not voting 1, with the nays and absent and
not voting being as follows:
Nays: Armstead, Cowles, Ellington, Gearheart, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Savilla, Sigler, Snuffer, Sobonya, Storch and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 484) passed.
An amendment to the title of the bill, recommended by the Committee on Education,
was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 484 -- "A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3,
§18B-1E-4, §18B-1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8 and §18B-1E-9, all relating to
powers and duties of the policy commission; authorizing creation of certain corporations;
authorizing policy commission to enter into certain agreements and contractual
arrangements; terms and conditions; legislative findings, purpose and intent; definitions;
establishing essential criteria for certain corporations; specifying corporation membership,
organization and financial requirements; providing for appointment of and specifying
qualifications for executive director; requiring annual audit of corporation operations;
clarifying issues of conflicts of interest; prohibiting waiver of sovereign immunity; clarifying
issues of debt obligations; requiring memorandum of agreement on research collaboration
and cooperation; specifying parties to agreement and setting forth certain conditions;
specifying certain deadlines; and requiring certain reports."
Delegate Boggs moved that the bill take effect upon its passage.
On this question, the yeas and nays were taken (Roll No. 325), and there were--yeas
86, nays 12, absent and not voting 2, with the nays and absent and not voting being as
follows:
Nays: Armstead, Cowles, Ellington, Gearheart, Householder, Howell, Kump, C.
Miller, J. Miller, Savilla, Sigler and Sobonya.
Absent and Not Voting: Boggs and Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 484) takes effect upon its
passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
S. B. 546, Relating to municipal police and firefighter pensions; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
326), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not
voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 546) passed.
Delegate Boggs moved that the bill take effect upon its passage.
On this question, the yeas and nays were taken (Roll No. 327), and there were--yeas
98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Gearheart.
Absent and Not Voting: Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 546) takes effect upon its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
At 4:25 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00
p.m., and reconvened at that time.
Third Reading
-Continued-
Com. Sub. for S. B. 550, Relating generally to gaming at licensed racetracks and
historic resort hotels; on third reading, coming up in regular order, with amendments pending,
was reported by the Clerk.
Delegate Armstead moved to amend the bill on page twenty-five, section ten, line
thirty-four, by striking out the words "Licensed Racetrack Modernization Fund created by
subdivision(2), subsection (b) of this section" and inserting in lieu thereof "State Road fund",
On page twenty-six, section ten, line forty-seven, by striking out subdivision (2) and
inserting in lieu thereof the following:
"(2) For all fiscal years beginning on or after July 1, 2011, and ending with the fiscal
year beginning July 1, 2020, the commission shall deposit such amounts as are available
according to subdivision (1), subsection (b) of this section into the State Road Fund
established in section one, article three of chapter seventeen of this Code, to assist in
maintenance of roads and bridges" and a period,
And,
On page forty five, section twenty-two, line twenty-seven, following the word
"account" by striking out the following:
"a separate facility modernization account maintained within the Historic Resort Hotel
Modernization Fund for each historic resort hotel. For each dollar expended by a historic
resort hotel for video lottery or table gaming facility modernization improvements at the
historic resort hotel, having a useful life of three or more years and placed in service after
April 1, 2011, the historic resort hotel shall receive $1 in recoupment from its facility
modernization account. For purposes of this section, the term "video lottery or table gaming
facility modernization improvements" include acquisition of computer hardware and software,
communications and Internet access equipment, security and surveillance equipment, video
lottery terminals and other electronic equipment or other equipment designed to modernize
the facility." and inserting in lieu thereof the following: "the State Road Fund established in section one, article three of chapter seventeen of this Code, to carry out the mandated
purposes of that fund."
On the adoption of the amendment, Delegate Armstead demanded the yeas and nays,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 328), and there
were--yeas 31, nays 66, absent and not voting 3, with the yeas and absent and not voting being
as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland,
Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Romine, Rowan, Savilla,
Sigler, Sobonya, Sumner and Walters.
Absent and Not Voting: T. Campbell, Crosier and Fleischauer.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Delegate Armstead moved to amend the on page forty six, on line thirty-four,
following the word "account" by, inserting a semi-colon and the words " provided that, a
historic resort hotel may not receive a total of more than two and one-half million dollars from
this fund."
On the adoption of the amendment, Delegate Armstead demanded the yeas and nays,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 329), and there
were--yeas 33, nays 66, absent and not voting 1, with the yeas and absent and not voting being
as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland,
Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Delegate Lane then moved to amend the bill on page twenty-seven, line seventy, by
striking out the words "new and unused" and inserting in lieu thereof "replacements for old
and used"
And,
On page forty six, on line thirty-nine, following the word "equipment," by inserting
"replacements for old and used".
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 330), and there
were--yeas 31, nays 68, absent and not voting 1, with the yeas and absent and not voting being
as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland,
Kump, Lane, C. Miller, J. Miller, Moye, O'Neal, Overington, Romine, Rowan, Savilla, Sigler,
Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Delegate Lane then moved to amend the bill on page forty six, line thirty-four, following the word "account" by inserting a comma and the words " provided that, a historic
resort hotel may not receive a total of more than two and one-half million dollars from this
fund."
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 331), and there
were--yeas 30, nays 69, absent and not voting 1, with the yeas and absent and not voting being
as follows:
Yeas: Armstead, Azinger, Border, Carmichael, Cowles, Duke, Ellem, Ellington,
Evans, Gearheart, Hamilton, Householder, Howell, Hunt, Ireland, Kump, Lane, C. Miller, J.
Miller, O'Neal, Overington, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch,
Sumner and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Conference Committee Report Availability
At 5:16 p.m., the Clerk announced availability in his office of the report of the
Committee of Conference on Com. Sub. for H. B. 2879.
Third Reading
-Continued-
Delegate Lane moved to amend S, B. 550 on page three, by striking out section
twelve-D in its entirety.
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 332), and there
were--yeas 27, nays 71, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Armstead, Azinger, Border, Carmichael, Cowles, Duke, Ellington, Gearheart,
Hamilton, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal,
Overington, Rowan, Savilla, Sigler, Snuffer, Sobonya, Sumner, Walker and Walters.
Absent and Not Voting: Canterbury and Crosier.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Conference Committee Report Availability
At 5:19 p.m., the Clerk announced availability in his office of the report of the
Committee of Conference on Com. Sub. for H. B. 2464
Third Reading
-Continued-
Delegate Lane then moved to amend the bill on page twenty-seven, line seventy-five,
following the word "installation", by inserting a semi-colon and the words " provided that,
any video lottery terminal purchased must contain at least fifty percent West Virginia
manufactured components and must have been assembled within West Virginia."
And,
On page forty six, on line forty one, following the word "facility" by inserting a semi-
colon and the words " provided that, any video lottery terminal purchased must contain at
least fifty percent West Virginia manufactured components and must have been assembled
within West Virginia."
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 333), and there
were--yeas 23, nays 75, absent and not voting 2, with the yeas and absent and not voting being
as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Border, Carmichael, Duke, Ellem,
Ellington, Gearheart, Hamilton, Howell, Ireland, Lane, C. Miller, Overington, Pasdon,
Rowan, Savilla, Sigler, Sobonya, Sumner and Walters.
Absent and Not Voting: Canterbury and Crosier.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Delegates Lane, Sobonya and C. Miller moved to amend the bill on page twenty-five,
line thirty-four, by striking out the words "Licensed Racetrack Modernization Fund" and
inserting in lieu thereof the words "West Virginia Addictions Treatment and Recovery Fund".
On page twenty-six, line forty-seven, by striking out the entirety of subdivision (2) and
inserting in lieu thereof the following:
"(2)(A) There shall be created a special account in the State Treasury to be known as
the "West Virginia Addictions Treatment and Recovery Fund." For all fiscal years beginning
on or after July 1, 2011, the commission shall deposit such amounts as are available according
to subdivision (1), subsection (b) of this section into into the "West Virginia Addictions
Treatment and Recovery Fund." Expenditures from the fund are for the purposes set forth in
this subdivision. The fund shall also include all receipts from loans made by the fund, any
moneys appropriated by the Legislature, all income from the investment of moneys held in
the fund and all other moneys designated for deposit to the fund from any source, public or
private.
(B) The fund, to the extent that money is available, shall be used for the development
and support of programs including, but not limited to, community-based support programs
or community-based corrections programs, or both. The funds shall be used only for
programs relating to the prevention, intervention, treatment, and recovery from addictions
such as those related to drug or alcohol use, or both drug or alcohol use.
(C) The secretary of the department of health and human resources shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-
nine-a of this code, to govern the disbursement of moneys from the fund for development
costs, operating costs, infrastructure and program support, establish criteria for eligibility to
receive grants or loans from the fund and in cases where loans are issued, establish the terms
and conditions of the loans, including interest rates and repsayment of terms."
On page forty five, line twenty-seven , following the word "account" by striking out
the words "a separate facility modernization account maintained within the Historic Resort
Hotel Modernization Fund for each historic resort hotel. For each dollar expended by a
historic resort hotel for video lottery or table gaming facility modernization improvements at
the historic resort hotel, having a useful life of three or more years and placed in service after
April 1, 2011, the historic resort hotel shall receive $1 in recoupment from its facility
modernization account. For purposes of this section, the term "video lottery or table gaming
facility modernization improvements" include acquisition of computer hardware and software,
communications and Internet access equipment, security and surveillance equipment, video
lottery terminals and other electronic equipment or other equipment designed to modernize
the facility."
And,
By inserting in lieu thereof "the West Virginia Addictions Treatment and Recovery
Fund created in subdivision (2) of subsection (b) of section ten of Article twenty-two-a of
chapter twenty nine to carry out the mandated purposes of that fund."
On the adoption of the amendment, Delegate C. Miller demanded the yeas and nays,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 334), and there
were--yeas 30, nays 68, absent and not voting 2, with the yeas and absent and not voting being
as follows:
Yeas: Armstead, Azinger, Border, Carmichael, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller,
Moye, O'Neal, Overington, Reynolds, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya,
Sumner and Walters.
Absent and Not Voting: Canterbury and Crosier.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Delegate Carmichael moved to amend the bill on page twenty-six, section ten, line
forty-seven by striking out all of subdivision (2) in its entirety and renumbering the remaining
subdivision accordingly.
On page forty-five, section twenty-two, line twenty-one by striking out all of
subsection (c) in its entirety and relettering remaining subsections accordingly.
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 335), and there
were--yeas 29, nays 68, absent and not voting 3, with the yeas and absent and not voting being
as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Border, Carmichael, Cowles, Duke,
Ellem, Ellington, Evans, Gearheart, Householder, Howell, Ireland, Kump, Lane, C. Miller,
J. Miller, O'Neal, Overington, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Sumner and
Walters.
Absent and Not Voting: Canterbury, Crosier and Manypenny.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
Delegate Sobonya moved to amend the bill on page eight 8, section 12d, line 116 after
the word "commission", by striking out the period and inserting the following:
"Provided, That no application shall be accepted by the commission until after an election is conducted in the county in which the gaming facility is located in accordance with
the procedure set forth in Section 9 of Article 25 of Chapter 29 of the Code, and a majority
of those voting casts their votes in favor of allowing pari-mutuel wagering at said gaming
facility."
On the adoption of the amendment, Delegate Sobonya demanded the yeas and nays,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 336), and there
were--yeas 31, nays 67, absent and not voting 2, with the yeas and absent and not voting being
as follows:
Yeas: Armstead, Azinger, Border, Carmichael, Cowles, Duke, Ellem, Ellington,
Evans, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller,
Moye, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya,
Storch, Sumner and Walters.
Absent and Not Voting: Canterbury and Crosier.
So, a majority of the members present and voting not having voted in the affirmative,
the amendment was not adopted.
There being no further amendments, the bill was read a third time.
Delegate Lawrence requested to be excused from voting on the passage of Com. Sub.
for S. B. 550 under the provisions of House Rule 49.
The Speaker replied that, based on conversations he had held with the Lady, it
appeared that she would benefit directly from the passage of the bill, and therefore, he excused
the Lady from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
337), and there were--yeas 68, nays 30, excused from voting 1, absent and not voting 1, with
the nays. excused from voting and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Azinger, Border, Carmichael, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane,
C. Miller, J. Miller, Moye, O'Neal, Overington, Rowan, Savilla, Sigler, Snuffer, Sobonya,
Sumner and Walters.
Excused From Voting: Lawrence.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 550) passed.
An amendment to the title of the bill, recommended by the Committee on Finance,
was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 550 - "A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §19-23-12d; to amend and reenact
§29-22A-6, §29-22A-10 and §29-22A-10c of said code; and to amend and reenact §29-25-19
and §29-25-22 of said code, all relating to all relating generally to gaming at licensed
racetracks and historic resort hotels; allowing simulcast pari-mutuel racing and wagering at
certain historic resort hotels; defining terms; permitting the issuing of licenses; providing for
payments; setting forth conditions for out-of-state tracks and interstate pools; registering of
persons conducting wagering activities; setting forth the licensee's retainage; setting forth the
amounts of payments made by a licensee and to whom they are to be paid; making reference
to certain federal law; authorizing rulemaking; exempting certain pari-mutuel wagering and
equipment, services and supplies from state sales and service taxes; permitting licensees at
racetracks and historic resort hotels to establish minimum and maximum wager limits at video
lottery terminals; authorizing the use of video lottery terminal bill acceptors for all United
States currency; directing up to $10 million each year until June 30, 2020, from racetrack
video lottery gross terminal income into a new racetrack modernization fund to be used to
subsidize racetrack purchases of new video lottery terminals and related equipment; reducing
the required life for capital investments by licensees at racetracks to be reimbursed from the Capital Investment Fund; extending the time for recoupment of expenditures for capital
improvements; and directing that two and one-half percent of the gross terminal income of
certain historic resort hotels be deposited into a new historic resort hotel modernization fund
to be used to subsidize certain historic resort hotel purchases."
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken (Roll No. 338), and there were--yeas
74, nays 24, excused from voting 1, absent and not voting 1, with the nays, excused from
voting and absent and not voting being as follows:
Nays: Armstead, Ashley, Azinger, Border, Carmichael, Duke, Ellem, Ellington,
Gearheart, Hamilton, Householder, Howell, Ireland, Kump, C. Miller, J. Miller, Moye,
Overington, Rowan, Savilla, Sigler, Snuffer, Sobonya and Sumner.
Excused From Voting: Lawrence.
Absent and Not Voting: Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 550) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
S. B. 563, Authorizing municipalities to create deferred retirement option plans for
certain employees; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
339), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not
voting being as follows:
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 563) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 581, Changing beginning date for early voting; allowing Saturday early voting;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
340), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and
not voting being as follows:
Nays: Andes, Ashley, Azinger, Border, Carmichael, Ellem, Ellington, Gearheart,
Hamilton, Howell, Kump, Romine, Rowan and Sigler.
Absent and Not Voting: Crosier and Snuffer.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 581) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 341), and there were--yeas
89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Ellem, Ellington, Gearheart, Hamilton, Howell, Kump, Rowan and
Sigler.
Absent and Not Voting: Crosier and Snuffer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 581) takes effect upon its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
S. B. 608, Increasing fees for services and documents issued by DMV; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
342), and there were--yeas 58, nays 39, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Border, Cann, Canterbury,
Carmichael, Cowles, Duke, Ellem, Ellington, Ennis, Evans, Gearheart, Givens, Hamilton,
Householder, Howell, Ireland, Kump, Lane, Miley, C. Miller, J. Miller, Moye, Nelson,
O'Neal, Overington, Romine, Rowan, Savilla, Shaver, Sigler, Sobonya, Sumner, Walters and
Williams.
Absent and Not Voting: Crosier, Perdue and Snuffer.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 608) passed.
An amendment to the title of the bill, recommended by the Committee on Finance,
was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 608 - "A Bill to amend and reenact §17A-2-13 of the Code of West Virginia,
1931, as amended; to amend and reenact §17A-3-4 of said code; to amend and reenact §17A-
4-1 and §17A-4-10 of said code; to amend and reenact §17A-4A-10 of said code; to amend
and reenact §17A-10-3, §17A-10-10 and §17A-10-11 of said code; to amend and reenact
§17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code; to amend
and reenact §17D-2-2 of said code; and to amend said code by adding thereto a new section,
designated §17A-6D-16, all relating regulation of motor vehicles; increasing the fee for
vehicle records and the certified record fee; increasing the registration fee for Class A motor
vehicles; increasing the fee for the issuance and duplication of various documents by the
division including titles, registrations, plates and decals; increasing the fee for recording liens
and releases; increasing the vehicle transfer fees; increasing the fee for issuance, duplication
and renewal of a driver's license, identification card and motorcycle license; requiring the
payment of the fee for each attempt at the written and road skills test; increasing the fee for
driving records; providing that licenses issued by the division may contain information
designating the licensee as a person who is an honorably discharged veteran of any branch of the armed forces of the United States; providing that the vehicle license cost recovery fee
charged by daily passenger rental car companies may be applied to costs incurred the
following year; providing an additional means to notify the division regarding vehicles
scrapped, compressed, dismantled or destroyed and prescribing form; and providing for the
use of additional vehicle brands used by other jurisdictions that are consistent with the
National Motor Vehicle Title Information System."
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Delegate Perdue announced that he was absent on today when the vote was taken on
Roll No.342, and that had he been present, he would have voted "Yea" thereon.
Delegate Browndue announced that she was absent on today when the vote was taken
on Roll No.314, and that had she been present, she would have voted "Yea" thereon.
S. B. 614, Permitting specific law-enforcement officials access to certain confidential
pharmaceutical information; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No.
343), and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and
not voting being as follows:
Nays: Andes, Cowles, Householder, Howell, Kump, Lane, J. Miller, Savilla and
Walters.
Absent and Not Voting: Crosier, Fleischauer and Snuffer.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 614) passed.
An amendment to the title of the bill, recommended by the Committee on Health and
Human Resources, was reported by the Clerk and adopted, amending the title to read as follows
S. B. 614 - "A Bill to amend and reenact §60A-9-5 of the Code of West Virginia,
1931, as amended, relating to the controlled substances monitoring generally; permitting
specific law-enforcement officials who are members of federally affiliated drug task forces
access to certain confidential pharmaceutical information to identify unusual prescription drug
behavior; requiring the State Board of Pharmacy to issue reports that identify unusual
prescribing or dispensing patterns and notify licensing authorities and prescribers that
identify abnormal prescription practices; establishing an advisory committee to recommend
the parameters of abnormal prescribing patterns related to patients and to identify how this
information will be reported to prescribers and dispensers and to recommend other actions
that could reduce the amount of misuse of prescription drugs; establish a small team that can
query the controlled substance database and determine practices of concern that would
establish the need for further investigation by a licensing board or a law enforcement agency;
establishing a felony offense for misusing information from the controlled substance database;
requiring the Board of Pharmacy to implement a real-time database when available and when
resources permit; requiring implementation of the parameters of abnormal prescribing patterns
shall be contingent on available funding; requiring a report to the Legislative Oversight
Commission on Health and Human Resources Accountability; granting rule-making authority;
and providing immunity to prescribing practitioners for certain reporting based on review of
patient specific information contained in the controlled substances monitoring database."
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Com. Sub. for S. B. 465, Creating Marcellus Gas and Manufacturing Development
Act; on third reading, having been postponed in earlier proceedings, was, motion of Delegate
Boggs , laid over.
Second Reading
S. B. 35, Increasing nonfamily adoption tax credit; on second reading, coming up in
regular order, was read a second time.
On motion of Delegates Reynolds and Stowers, the bill was amended on page two,
section ten-a, line eleven, following the words "by a", by striking out the remainder of the bill
and inserting in lieu thereof "taxpayer or taxpayers who are not the father, mother, or
stepparent of the child" and a period.
The bill was then ordered to third reading.
S. B. 192, Protecting consumers from price gouging and unfair pricing practices; on
second reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced
to third reading with restricted right to amend by Delegate Miley, and the rule was suspended
to permit the consideration of the amendment on that reading.
Com. Sub. for S. B. 245, Relating to protection of Chesapeake Bay Watershed; on
second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the
Clerk and adopted, amending the bill on page two, following the enacting clause, by striking
out the remainder of the bill and inserting in lieu thereof the following:
"That §22C-1-27 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that said code be amended by adding thereto a new section, designated §29-22-18d;
that §31-15A-9 of said code be amended and reenacted; and that said code be amended by
adding thereto a new section, designated §31-15A-17b, all to read as follows:
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS,
AUTHORITIES, COMMISSIONS AND COMPACTS.
ARTICLE 1. WATER DEVELOPMENT AUTHORITY.
§22C-1-27. Authorized limit on borrowing.
(a) The aggregate principal amount of bonds and notes issued by the authority may not exceed §500 million outstanding at any one time: Provided, That before the authority issues
bonds and notes in excess of §400 million the Legislature must pass a resolution authorizing
this action: Provided, however, That in computing the total amount of bonds and notes which
may at any one time be outstanding, the principal amount of any outstanding bonds or notes
refunded or to be refunded either by application of the proceeds of the sale of any refunding
bonds or notes of the authority or by exchange for any refunding bonds or notes, shall be
excluded.
(b) In addition to the amounts authorized by subsection (a) of this section, the Water
Development Authority may issue, pursuant to section seventeen-b, article fifteen-a, chapter
thirty-one of this code, bonds or notes in the aggregate principal amount not to exceed $180
million. This authorization is for the limited purpose of providing grants for capital
improvements for publicly owned wastewater treatment facilities with an authorized permitted
flow of four hundred thousand gallons per day or more which are required to maintain
compliance with certain standards for discharges into watersheds in accordance with said
section seventeen-b.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22. STATE LOTTERY ACT.
§29-22-18d. Allocation to West Virginia Infrastructure Lottery Revenue Debt Service
Fund and West Virginia Infrastructure Fund from State Excess
Lottery Revenue Fund beginning July 1, 2011.
Notwithstanding any provision of subsection (d), section eighteen-a of this article to
the contrary, the deposit of $40 million into the West Virginia Infrastructure Fund set forth
above is for the fiscal year beginning July 1, 2010, only. For the fiscal year beginning July
1, 2011, and each fiscal year thereafter, in lieu of the deposits required under subdivision (5),
subsection (d), section eighteen-a of this article, the commission shall, first, deposit $6 million
into the West Virginia Infrastructure Lottery Revenue Debt Service Fund created in subsection (h), section nine, article fifteen-a, chapter thirty-one of this code, to be spent in accordance
with the provisions of that subsection, and, second, deposit $40 million into the West Virginia
Infrastructure Fund created in subsection (a), section nine, article fifteen-a, chapter thirty-one
of this code, to be spent in accordance with the provisions of that article.
CHAPTER 31. CORPORATIONS.
ARTICLE 15A. WEST VIRGINIA INFRASTRUCTURE AND JOBS
DEVELOPMENT COUNCIL.
§31-15A-9. Infrastructure fund; deposits in fund; disbursements to provide loans, loan
guarantees, grants and other assistance; loans, loan guarantees,
grants and other assistance shall be subject to assistance
agreements
; West Virginia Infrastructure Lottery Revenue Debt
Service Fund; use of funds for projects.
(a) The Water Development Authority shall create and establish a special revolving
fund of moneys made available by appropriation, grant, contribution or loan to be known as
the 'West Virginia Infrastructure Fund'. This fund shall be governed, administered and
accounted for by the directors, officers and managerial staff of the Water Development
Authority as a special purpose account separate and distinct from any other moneys, funds or
funds owned and managed by the Water Development Authority. The infrastructure fund shall
consist of sub-accounts, as deemed necessary by the council or the Water Development
Authority, for the deposit of: (1) Infrastructure revenues; (2) any appropriations, grants, gifts,
contributions, loan proceeds or other revenues received by the infrastructure fund from any
source, public or private; (3) amounts received as payments on any loans made by the Water
Development Authority to pay for the cost of a project or infrastructure project; (4) insurance
proceeds payable to the Water Development Authority or the infrastructure fund in connection
with any infrastructure project or project; (5) all income earned on moneys held in the
infrastructure fund; (6) all funds deposited in accordance with section four of article fifteen-b; and (7) all proceeds derived from the sale of bonds issued pursuant to article fifteen-b of this
chapter.
Any money collected pursuant to this section shall be paid into the West Virginia
infrastructure fund by the state agent or entity charged with the collection of the same,
credited to the infrastructure fund, and used only for purposes set forth in this article or article
fifteen-b.
Amounts in the infrastructure fund shall be segregated and administered by the Water
Development Authority separate and apart from its other assets and programs. Amounts in the
infrastructure fund may not be transferred to any other fund or account or used, other than
indirectly, for the purposes of any other program of the Water Development Authority, except
that the Water Development Authority may use funds in the infrastructure fund to reimburse
itself for any administrative costs incurred by it and approved by the council in connection
with any loan, loan guarantee, grant or other funding assistance made by the Water
Development Authority pursuant to this article.
(b) Notwithstanding any provision of this code to the contrary, amounts in the
infrastructure fund shall be deposited by the Water Development Authority in one or more
banking institutions: Provided, That any moneys so deposited shall be deposited in a banking
institution located in this state. The banking institution shall be selected by the Water
Development Authority by competitive bid. Pending the disbursement of any money from the
infrastructure fund as authorized under this section, the Water Development Authority shall
invest and reinvest the moneys subject to the limitations set forth in article eighteen, chapter
thirty-one of this code.
(c) To further accomplish the purposes and intent of this article and article fifteen-b
of this chapter, the Water Development Authority may pledge infrastructure revenues and
from time to time establish one or more restricted accounts within the infrastructure fund for
the purpose of providing funds to guarantee loans for infrastructure projects or projects: Provided, That for any fiscal year the Water Development Authority may not deposit into the
restricted accounts more than twenty percent of the aggregate amount of infrastructure
revenues deposited into the infrastructure fund during the fiscal year. No loan guarantee shall
be made pursuant to this article unless recourse under the loan guarantee is limited solely to
amounts in the restricted account or accounts. No person shall have any recourse to any
restricted accounts established pursuant to this subsection other than those persons to whom
the loan guarantee or guarantees have been made.
(d) Each loan, loan guarantee, grant or other assistance made or provided by the Water
Development Authority shall be evidenced by a loan, loan guarantee, grant or assistance
agreement between the Water Development Authority and the project sponsor to which the
loan, loan guarantee, grant or assistance shall be made or provided, which agreement shall
include, without limitation and to the extent applicable, the following provisions:
(1) The estimated cost of the infrastructure project or project, the amount of the loan,
loan guarantee or grant or the nature of the assistance, and in the case of a loan or loan
guarantee, the terms of repayment and the security therefor, if any;
(2) The specific purposes for which the loan or grant proceed shall be expended or the
benefits to accrue from the loan guarantee or other assistance, and the conditions and
procedure for disbursing loan or grant proceeds;
(3) The duties and obligations imposed regarding the acquisition, construction,
improvement or operation of the project or infrastructure project; and
(4) The agreement of the governmental agency to comply with all applicable federal
and state laws, and all rules and regulations issued or imposed by the Water Development
Authority or other state, federal or local bodies regarding the acquisition, construction,
improvement or operation of the infrastructure project or project and granting the Water
Development Authority the right to appoint a receiver for the project or infrastructure if the
project sponsor should default on any terms of the agreement.
(e) Any resolution of the Water Development Authority approving loan, loan
guarantee, grant or other assistance shall include a finding and determination that the
requirements of this section have been met.
(f) The interest rate on any loan to governmental, quasi- governmental, or not for profit
project sponsors for projects made pursuant to this article shall not exceed three percent per
annum. Due to the limited availability of funds available for loans for projects, it is the public
policy of this state to prioritize funding needs to first meet the needs of governmental, quasi-
governmental and not for profit project sponsors and to require that loans made to for-profit
entities shall bear interest at the current market rates. Therefore, no loan may be made by the
council to a for-profit entity at an interest rate which is less than the current market rate at the
time of the loan agreement.
(g) The Water Development Authority shall cause an annual audit to be made by an
independent certified public accountant of its books, accounts and records, with respect to the
receipts, disbursements, contracts, leases, assignments, loans, grants and all other matters
relating to the financial operation of the infrastructure fund, including the operating of any
sub-account within the infrastructure fund. The person performing such audit shall furnish
copies of the audit report to the commissioner of finance and administration, where they shall
be placed on file and made available for inspection by the general public. The person
performing such audit shall also furnish copies of the audit report to the Legislature's Joint
Committee on Government and Finance.
(h) There is hereby created in the Water Development Authority a separate, special
account which shall be designated and known as the 'West Virginia Infrastructure Lottery
Revenue Debt Service Fund', into which shall be deposited annually for the fiscal year
beginning July 1, 2011, and each fiscal year thereafter, the first $6 million transferred pursuant
to section eighteen-d, article twenty-two, chapter twenty-nine of this code and any other funds
provided therefor: Provided, That such deposits and transfers are not subject to the reservations of funds or requirements for distributions of funds established by sections ten and
eleven of this article. Moneys in the West Virginia infrastructure lottery revenue debt service
fund shall be used to pay debt service on bonds or notes issued by the Water Development
Authority for watershed compliance projects as provided in section seventeen-b of this article,
and to the extent not needed to pay debt service, for the design or construction of
improvements for watershed compliance projects. Moneys in the West Virginia infrastructure
lottery revenue debt service fund not expended at the close of the fiscal year do not lapse or
revert to the General Fund but are carried forward to the next fiscal year.
§31-15A-17b. Infrastructure lottery revenue bonds for watershed compliance projects.
(a)(1) The Chesapeake Bay has been identified as an impaired water body due to
excessive nutrients entering the Bay from various sources in six states, including wastewater
facilities in West Virginia. To restore the Chesapeake Bay, the states have agreed to reduce
their respective nutrient contributions to the Chesapeake Bay.
(2) The Greenbrier River Watershed in southeastern West Virginia which
encompasses approximately 1,646 square miles, the majority of which lies within Pocahontas,
Greenbrier, Monroe and Summers counties, has been identified as an impaired water body due
to excessive levels of fecal coliform and phosphorus entering the Watershed from various
sources, including wastewater facilities in West Virginia. To restore the Greenbrier River
Watershed, the state agrees to reduce the fecal coliform and phosphorus contributions to the
Greenbrier River Watershed.
(b) Notwithstanding any other provision of this code to the contrary, the Water
Development Authority may issue, in accordance with the provisions of section seventeen of
this article, infrastructure lottery revenue bonds payable from the West Virginia infrastructure
lottery revenue debt service fund created by section nine of this article and such other sources
as may be legally pledged for such purposes other than the West Virginia infrastructure
revenue debt service fund created by section seventeen of this article.
(c) The council shall direct the Water Development Authority to issue bonds in one
or more series when it has approved Chesapeake Bay watershed compliance projects and
Greenbrier River watershed compliance projects with an authorized permitted flow of four
hundred thousand gallons per day or more. The proceeds of the bonds shall be used solely to
pay costs of issuance, fund a debt service reserve account, capitalize interest, pay for security
instruments necessary to market the bonds and to make grants to governmental
instrumentalities of the state for the construction of approved Chesapeake Bay watershed
compliance projects and Greenbrier River watershed compliance projects. To the extent funds
are available in the West Virginia Infrastructure Lottery Revenue Debt Service Fund that are
not needed for debt service, the council may direct the Water Development Authority to make
grants to project sponsors for the design or construction of approved Chesapeake Bay
watershed compliance projects and Greenbrier River watershed compliance projects.
(d) No later than June 30, 2012, each publicly owned facility with an authorized
permitted flow of 400,000 gallons per day or more that is subject to meeting Chesapeake Bay
compliance standards or Greenbrier River watershed compliance standards shall submit to the
council a ten year projected capital funding plan for Chesapeake Bay watershed compliance
projects or Greenbrier River watershed compliance projects, as the case may be, including a
general project description, cost estimate and estimated or actual project start date and project
completion date, if any. The council shall timely review the submitted capital funding plans
and forward approved plans to the Water Development Authority for further processing and
implementation pursuant to this article. If the council finds a plan to be incomplete,
inadequate or otherwise problematic, it shall return the plan to the applicant with comment
on the plan shortcomings. The applicant may then resubmit to council an amended capital
funding plan for further consideration pursuant to the terms of this subsection.
(e) Upon approval, each proposed Chesapeake Bay watershed compliance project or
Greenbrier River watershed compliance project, or portion of a larger project, which portion is dedicated to compliance with nutrient standards, or fecal coliform and phosphorus
standards, established for the protection and restoration of the Chesapeake Bay or the
Greenbrier River Watershed, as the case may be, shall be eligible for grant funding by funds
generated by the infrastructure lottery revenue bonds described in section (b) of this section.
At the request of the applicant, the remaining percentage of project funding not otherwise
funded by grant under the provisions of this article may be reviewed as a standard project
funding application.
(f) No later than December 1, 2012, the Water Development Authority shall report to
the Joint Committee on Government and Finance the total cost of Chesapeake Bay watershed
compliance projects and the Greenbrier River watershed compliance projects and the
proposed grant awards for each eligible project. Grant awards shall be of equal ratio among
all applicants of the total cost of each eligible project.
(g) Eligible projects that have obtained project financing prior to December 31, 2011
may apply to the council for funding under the provisions of this section. These applications
shall be processed and considered as all other eligible projects, and any grant funding awarded
shall, to the extent allowed by law, be dedicated to prepay all or a portion of debt previously
incurred by governmental instrumentalities of the state for required Chesapeake Bay nutrient
removal projects or Greenbrier River watershed fecal coliform and phosphorus removal
projects, subject to the bond covenants and contractual obligations of the borrowing
governmental entity. However, any private portion of funding provided by agreement between
a political subdivision and one or more private entities, either by direct capital investment or
debt service obligation, shall not be eligible for grant funding under the provisions of this
article."
The bill was then and ordered to third reading.
S. B. 285, Extending time frame practitioners must write prescriptions on official
tamper-resistant paper; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page two, section five, line six, immediately
following the word "on" by adding the words "and after".
The bill was then ordered to third reading.
Com. Sub. for S. B. 330, Relating to higher education personnel generally; on second
reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced
to third reading with restricted right to amend by Delegates M. Poling and White, and the rule
was suspended to permit the consideration of the amendment on that reading.
Com. Sub. for S. B. 335, Authorizing certain municipalities regulate taxis and taxi
stands by ordinance; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page one, following the enacting section, by striking
out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING
BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES;
SUITS AGAINST MUNICIPALITIES.
§8-12-5f. Regulation of taxicabs and taxi stands.
(a) Notwithstanding the provisions of article two, chapter twenty-four-a of this code,
the governing body of a Class I or Class II municipality that includes a land grant university
enrolling at least twenty thousand students may, by ordinance, regulate taxicabs and taxi
stands within the corporate limits of the municipality.
(b) The regulations shall be limited to the following:
(1) Requirements for the condition of the taxicabs;
(2) The location of taxi stands;
(3) Background checks for taxi drivers;
(4) Drug Testing for taxi drivers;
(5) Violations of regulations adopted pursuant to this section for which citations may
be issued and penalties imposed;
(6) The requirement that a taxicab company place a sign, visible to passengers, in the
taxicab which contains contact information which passengers may use to make complaints
about the taxicab company or its taxi drivers. The municipality may assist passengers in
resolving complaints, and shall forward complaints to the public service commission in the
event that further action is needed; and
(7) Requirements for safety inspections of the taxicabs.
(8) Requirements to improve reliability of service.
(c) This section is not intended to increase the number of operators or owners of
taxicabs and taxi stands."
The bill was then ordered to third reading.
S. B. 366, Relating to Underground Storage Tank Administrative Fund; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 373, Requiring School Building Authority allocate and expend
certain moneys for vocational programs at comprehensive middle schools; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the
Clerk and adopted, amending the bill on page two, following the enacting clause, by striking
out the remainder of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto
a new section, designated §18-9D-4c; that §18-9D-15 of said code be amended and reenacted;
and that said code be amended by adding thereto a new section, designated §18-9D-19a, all to read as follows:
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-4c. School Building Authority authorized to temporarily finance projects
through the issuance of loans, notes or other evidences of
indebtedness.
The School Building Authority may by resolution, in accordance with the provisions
of this article, temporarily finance the cost of projects and other expenditures permitted under
this article for public schools, including, but not limited to, comprehensive high schools and
comprehensive middle schools as defined in this article, in this state through the issuance of
loans, notes or other evidences of indebtedness: Provided, That the principal amount of loans,
notes or other evidences of indebtedness outstanding at any one time shall not exceed $16
million: Provided, however, That the principal of, interest and premium, if any, on and fees
associated with any such temporary financing shall be payable solely from the sources from
which the principal of, interest and premium, if any, on bonds is payable under this article or
from the proceeds of bonds.
§18-9D-15. Legislative intent; allocation of money among categories of projects; lease-
purchase options; limitation on time period for expenditure of project
allocation; county maintenance budget requirements; project
disbursements over period of years; preference for multicounty
arrangements; submission of project designs; set-aside to encourage
local participation.
(a) It is the intent of the Legislature to empower the School Building Authority to
facilitate and provide state funds and to administer all federal funds provided for the
construction and major improvement of school facilities so as to meet the educational needs
of the people of this state in an efficient and economical manner. The authority shall make
funding determinations in accordance with the provisions of this article and shall assess existing school facilities and each facility's school major improvement plan in relation to the
needs of the individual student, the general school population, the communities served by the
facilities and facility needs statewide.
(b) An amount that is not more than three percent of the sum of moneys that are
determined by the authority to be available for distribution during the then current fiscal year
from:
(1) Moneys paid into the School Building Capital Improvements Fund pursuant to
section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt
Service Fund or the Excess Lottery School Building Debt Service Fund are pledged as
security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this
article; and
(4) Any other moneys received by the authority, except moneys paid into the School
Major Improvement Fund pursuant to section six of this article and moneys deposited into the
School Access Safety Fund pursuant to section five, article nine-f of this chapter, may be
allocated and may be expended by the authority for projects authorized in accordance with the
provisions of section sixteen of this article that service the educational community statewide
or, upon application by the state board, for educational programs that are under the
jurisdiction of the state board. In addition, upon application by the state board or the
administrative council of an area vocational educational center established pursuant to article
two-b of this chapter, the authority may allocate and expend under this subsection moneys for
school major improvement projects authorized in accordance with the provisions of section
sixteen of this article proposed by the state board or an administrative council for school
facilities under the direct supervision of the state board or an administrative council,
respectively. Furthermore, upon application by a county board, the authority may allocate and expend under this subsection moneys for school major improvement projects for vocational
programs at comprehensive high schools, vocational programs at comprehensive middle
schools, vocational schools cooperating with community and technical college programs, or
both any combination of the three. Each county board is encouraged to cooperate with
community and technical colleges in the use of existing or development of new vocational
technical facilities. All projects eligible for funds from this subsection shall be submitted
directly to the authority which shall be solely responsible for the project's evaluation, subject
to the following:
(A) The authority may not expend any moneys for a school major improvement project
proposed by the state board or the administrative council of an area vocational educational
center unless the state board or an administrative council has submitted a ten-year facilities
plan; and
(B) The authority shall, before allocating any moneys to the state board or the
administrative council of an area vocational educational center for a school improvement
project, consider all other funding sources available for the project.
(c) An amount that is not more than two percent of the moneys that are determined by
the authority to be available for distribution during the current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements Fund pursuant to
section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt
Service Fund or the Excess Lottery School Building Debt Service Fund are pledged as
security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this
article; and
(4) Any other moneys received by the authority, except moneys deposited into the
School Major Improvement Fund and moneys deposited into the School Access Safety Fund pursuant to section five, article nine-f of this chapter, shall be set aside by the authority as an
emergency fund to be distributed in accordance with the guidelines adopted by the authority.
(d) An amount that is not more than five percent of the moneys that are determined
by the authority to be available for distribution during the current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements Fund pursuant to
section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt
Service Fund or the Excess Lottery School Building Debt Service Fund are pledged as
security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this
article; and
(4) Any other moneys received by the authority, except moneys deposited into the
School Major Improvement Fund and moneys deposited into the School Access Safety Fund
pursuant to section five, article nine-f of this chapter, may be reserved by the authority for
multiuse vocational-technical education facilities projects that may include post-secondary
programs as a first priority use. The authority may allocate and expend under this subsection
moneys for any purposes authorized in this article on multiuse vocational-technical education
facilities projects, including equipment and equipment updates at the facilities, authorized in
accordance with the provisions of section sixteen of this article. If the projects approved
under this subsection do not require the full amount of moneys reserved, moneys above the
amount required may be allocated and expended in accordance with other provisions of this
article. A county board, the state board, an administrative council or the joint administrative
board of a vocational-technical education facility which includes post-secondary programs
may propose projects for facilities or equipment, or both, which are under the direct
supervision of the respective body: Provided, That the authority shall, before allocating any
moneys for a project under this subsection, consider all other funding sources available for the project.
(e) The remaining moneys determined by the authority to be available for distribution
during the then current fiscal year from:
(1) Moneys paid into the School Building Capital Improvements Fund pursuant to
section ten, article nine-a of this chapter;
(2) The issuance of revenue bonds for which moneys in the School Building Debt
Service Fund or the Excess Lottery School Building Debt Service Fund are pledged as
security;
(3) Moneys paid into the School Construction Fund pursuant to section six of this
article; and
(4) Any other moneys received by the authority, except moneys deposited into the
School Major Improvement Fund and moneys deposited into the School Access Safety Fund
pursuant to section five, article nine-f of this chapter, shall be allocated and expended on the
basis of need and efficient use of resources for projects funded in accordance with the
provisions of section sixteen of this article.
(f) If a county board proposes to finance a project that is authorized in accordance with
section sixteen of this article through a lease with an option to purchase leased premises upon
the expiration of the total lease period pursuant to an investment contract, the authority may
not allocate moneys to the county board in connection with the project: Provided, That the
authority may transfer moneys to the state board which, with the authority, shall lend the
amount transferred to the county board to be used only for a one-time payment due at the
beginning of the lease term, made for the purpose of reducing annual lease payments under
the investment contract, subject to the following conditions:
(1) The loan shall be secured in the manner required by the authority, in consultation
with the state board, and shall be repaid in a period and bear interest at a rate as determined
by the state board and the authority and shall have any terms and conditions that are required by the authority, all of which shall be set forth in a loan agreement among the authority, the
state board and the county board;
(2) The loan agreement shall provide for the state board and the authority to defer the
payment of principal and interest upon any loan made to the county board during the term of
the investment contract, and annual renewals of the investment contract, among the state
board, the authority, the county board and a lessor, subject to the following:
(A) In the event a county board which has received a loan from the authority for a one-
time payment at the beginning of the lease term does not renew the lease annually until
performance of the investment contract in its entirety is completed, the county board is in
default and the principal of the loan, together with all unpaid interest accrued to the date of
the default, shall, at the option of the authority, in consultation with the state board, become
due and payable immediately or subject to renegotiation among the state board, the authority
and the county board;
(B) If a county board renews the lease annually through the performance of the
investment contract in its entirety, the county board shall exercise its option to purchase the
leased premises;
(C) The failure of the county board to make a scheduled payment pursuant to the
investment contract constitutes an event of default under the loan agreement;
(D) Upon a default by a county board, the principal of the loan, together with all
unpaid interest accrued to the date of the default, shall, at the option of the authority, in
consultation with the state board, become due and payable immediately or subject to
renegotiation among the state board, the authority and the county board; and
(E) If the loan becomes due and payable immediately, the authority, in consultation
with the state board, shall use all means available under the loan agreement and law to collect
the outstanding principal balance of the loan, together with all unpaid interest accrued to the
date of payment of the outstanding principal balance; and
(3) The loan agreement shall provide for the state board and the authority to forgive
all principal and interest of the loan upon the county board purchasing the leased premises
pursuant to the investment contract and performance of the investment contract in its entirety.
(g) To encourage county boards to proceed promptly with facilities planning and to
prepare for the expenditure of any state moneys derived from the sources described in this
section, any county board or other entity to whom moneys are allocated by the authority that
fails to expend the money within three years of the allocation shall forfeit the allocation and
thereafter is ineligible for further allocations pursuant to this section until it is ready to expend
funds in accordance with an approved facilities plan: Provided, That the authority may
authorize an extension beyond the three-year forfeiture period not to exceed an additional two
years. Any amount forfeited shall be added to the total funds available in the School
Construction Fund of the authority for future allocation and distribution. Funds may not be
distributed for any project under this article unless the responsible entity has a facilities plan
approved by the state board and the School Building Authority and is prepared to commence
expenditure of the funds during the fiscal year in which the moneys are distributed.
(h) The remaining moneys that are determined by the authority to be available for
distribution during the then current fiscal year from moneys paid into the School Major
Improvement Fund pursuant to section six of this article shall be allocated and distributed on
the basis of need and efficient use of resources for projects authorized in accordance with the
provisions of section sixteen of this article, subject to the following:
(1) The moneys may not be distributed for any project under this section unless the
responsible entity has a facilities plan approved by the state board and the authority and is to
commence expenditures of the funds during the fiscal year in which the moneys are
distributed;
(2) Any moneys allocated to a project and not distributed for that project shall be
deposited in an account to the credit of the project, the principal amount to remain to the credit of and available to the project for a period of two years; and
(3) Any moneys which are unexpended after a two-year period shall be redistributed
on the basis of need from the School Major Improvement Fund in that fiscal year.
(i) Local matching funds may not be required under the provisions of this section.
However, this article does not negate the responsibilities of the county boards to maintain
school facilities. To be eligible to receive an allocation of school major improvement funds
from the authority, a county board must have expended in the previous fiscal year an amount
of county moneys equal to or exceeding the lowest average amount of money included in the
county board's maintenance budget over any three of the previous five years and must have
budgeted an amount equal to or greater than the average in the current fiscal year: Provided,
That the state board shall promulgate rules relating to county boards' maintenance budgets,
including items which shall be included in the budgets.
(j) Any county board may use moneys provided by the authority under this article in
conjunction with local funds derived from bonding, special levy or other sources. Distribution
to a county board, or to the state board or the administrative council of an area vocational
educational center pursuant to subsection (b) of this section, may be in a lump sum or in
accordance with a schedule of payments adopted by the authority pursuant to guidelines
adopted by the authority.
(k) Funds in the School Construction Fund shall first be transferred and expended as
follows:
(1) Any funds deposited in the School Construction Fund shall be expended first in
accordance with an appropriation by the Legislature.
(2) To the extent that funds are available in the School Construction Fund in excess
of that amount appropriated in any fiscal year, the excess funds may be expended for projects
authorized in accordance with the provisions of section sixteen of this article.
(l) It is the intent of the Legislature to encourage county boards to explore and consider arrangements with other counties that may facilitate the highest and best use of all available
funds, which may result in improved transportation arrangements for students or which
otherwise may create efficiencies for county boards and the students. In order to address the
intent of the Legislature contained in this subsection, the authority shall grant preference to
those projects which involve multicounty arrangements as the authority shall determine
reasonable and proper.
(m) County boards shall submit all designs for construction of new school buildings
to the School Building Authority for review and approval prior to preparation of final bid
documents. A vendor who has been debarred pursuant to the provisions of sections thirty-
three-a through thirty-three-f, inclusive, article three, chapter five-a of this code may not bid
on or be awarded a contract under this section.
(n) The authority may elect to disburse funds for approved construction projects over
a period of more than one year subject to the following:
(1) The authority may not approve the funding of a school construction project over
a period of more than three years;
(2) The authority may not approve the use of more than fifty percent of the revenue
available for distribution in any given fiscal year for projects that are to be funded over a
period of more than one year; and
(3) In order to encourage local participation in funding school construction projects,
the authority may set aside limited funding, not to exceed $500,000, in reserve for one
additional year to provide a county the opportunity to complete financial planning for a project
prior to the allocation of construction funds. Any funding shall be on a reserve basis and
converted to a part of the construction grant only after all project budget funds have been
secured and all county commitments have been fulfilled. Failure of the county to solidify the
project budget and meet its obligations to the state within eighteen months of the date the
funding is set aside by the authority will result in expiration of the reserve and the funds shall be reallocated by the authority in the succeeding funding cycle.
§18-9D-19a. Comprehensive middle schools.
(a) The Legislature finds the following:
(1) Students learn more through hands on, applied learning activities;
(2) Career technical education students have a much higher graduation rate than other
students;
(3) Although thirty-seven percent of West Virginia middle and junior high school
students are enrolled in a form of career technical education, the number has been dropping
by approximately three thousand students per year; and
(4) As the benefits of career technical education have increased as academics have
become more embedded in career technical education, it is important that career technical
education opportunities be increased at the middle and junior high school level.
(b) 'Comprehensive middle school' means a middle or junior high school that meets
the definition of a comprehensive middle school established by the state board. The definition
of a comprehensive middle school shall be established by the state board in a legislative rule
promulgated in accordance with article three-b, chapter twenty-nine-a of this code. The
definition shall include at least the following:
(1) A comprehensive curriculum that:
(A) Includes the core subjects in English/language arts, mathematics, science, social
studies;
(B) Provides students with engaging learning opportunities where students are
provided connections between what they are learning and what they will learn in high school
and beyond;
(C) Establishes the foundation for college and career readiness;
(D) Embeds career exploration and project based career activities where possible to
provide all student with comprehensive career development and counseling;
(E) Provides career technical options for students that are integrated with academic
course requirements where possible; and
(F) Provides authentic opportunities in the visual and performing arts, health and
wellness, physical education, world languages and career technical activities;
(2) Harnessing the power of technology to provide personalized learning twenty-four
hours per day and seven days per week and produce a digital individualized student portfolio
of student mastery and progression; and
(3) A seamless integration with the secondary school curriculum that enables students
to further explore their options and further pursue their career interests at the secondary and
post-secondary levels.
(c) When planning the construction of a middle or junior high school which has been
approved by the authority and which meets the required authority efficiencies, the authority
shall provide funding for a comprehensive middle school that includes comprehensive career
technical education facilities to be located, when feasible, on the same site as the middle or
junior high school.
(d) Upon application of a county board to construct comprehensive career technical
education facilities that would allow an existing middle or junior high school to become a
comprehensive middle school, the authority will provide technical assistance to the county in
developing a plan for construction of the comprehensive career technical education facility.
Upon development of the plan, the authority shall consider funding based on the following
criteria:
(1) The ability of the county board to provide local funds for the construction of the
comprehensive career technical education facilities;
(2) The size of the existing middle and junior high schools;
(3) The age and physical condition of the existing career technical education facilities;
(4) The potential for improving in the graduation rate; and
(5) Such other criteria as the authority shall consider appropriate."
The bill was then ordered to third reading.
S. B. 375, Authorizing Higher Education Policy Commission collect and disseminate
information concerning higher education institutions; on second reading, coming up in regular
order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the
Clerk and adopted, amending the bill on page one, by striking out everything after the
enacting section and inserting in lieu thereof the following:
"ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-7. Accreditation of institutions of higher education; standards for degrees.
(a) The council shall make rules for the accreditation of community and technical
colleges in this state and shall determine the minimum standards for conferring degrees. The
commission shall make rules for the accreditation of colleges and universities in this state
except the governing boards of Marshall University and West Virginia University shall make
rules for the state institutions of higher education known as Marshall University and West
Virginia University their respective institutions, and each shall determine the minimum
standards for conferring degrees. The governing boards of Marshall University and West
Virginia University shall promulgate rules pursuant to the provisions of section six, article one
of this chapter for the accreditation of the state institutions of higher education known as
Marshall University and West Virginia University their respective institutions.
(b) An institution of higher education may not confer any a degree on any basis of
work or merit below the minimum standards prescribed by the council or commission. or the
governing boards. Nothing in this section infringes upon the rights, including rights to award
degrees, granted to any institution by charter given according to law, or by actions of the
Council or Commission or their predecessors, prior to the effective date of this section.
(c) With the approval of the commission and subject to subsections (e), (f) and (g) of this section, governing boards of institutions which currently offer substantial undergraduate
course offerings and a master's degree in a discipline are authorized to grant baccalaureate
degrees in that discipline.
(d) Except as otherwise provided in this section, a charter or other instrument
containing the right to confer degrees of higher education status may not be granted by the
State of West Virginia to any an institution, association or organization within the state, nor
may any such a degree be awarded, until the condition of conferring the degree first has first
been approved in writing by the council or commission, or appropriate governing board as
appropriate, or by the institution's governing board in the case of Marshall University or West
Virginia University.
(e) To retain the authority to confer degrees pursuant to this section, each institution
shall provide annually to the commission or council, as requested, all information the
commission or council considers necessary to assess the performance of the institution and
to determine whether the institution continues to meet the minimum standards for conferring
degrees. This information includes, but is not limited to, the following data:
(1) All information current and future federal or state laws and regulations require the
institution to report to the public, to students, to employees or to federal or state agencies;
(2) Other consumer information the commission or council considers necessary,
including, but not limited to, graduation and retention rates, transfers, post-graduation
placements, loan defaults and numbers and types of student complaints;
(3) A detailed explanation of financial operations including, but not limited to,
policies, formulas and procedures related to calculation, payment and refund for all tuition and
fees; and
(4) An assessment of the adequacy of the institution's curriculum, personnel, facilities,
materials and equipment to meet the minimum standards for conferring degrees.
(f) The commission and council may conduct on-site reviews to evaluate an institution's academic standards, may conduct financial audits, or may require the institution
to perform these audits and provide detailed data to the commission or council.
(g) The commission or council shall revoke an institution's authority to confer degrees
when the institution's governing body, chief executive officer, or both, have done any one or
more of the following:
(1) Failed to maintain the minimum standards for conferring degrees;
(2) Refused or willfully failed to provide information to the commission or council
pursuant to this subsection in a manner and within a reasonable time frame as established by
the commission or council, as appropriate; or
(3) Willfully provided false, misleading or incomplete information to the commission
or council.
(h) The commission and council each shall compile the information collected pursuant
to subdivisions (e), (f) and (g) of this section and submit a report on the information to the
Legislative Oversight Commission on Education Accountability annually beginning
December 1, 2012. The commission and council each shall make the information and report
available to the public in a form and manner that is accessible to the general public, including,
but not limited to, posting on its website."
The bill was then and ordered to third reading.
S. B. 376, Permitting unit owners' associations institute legal action to collect dues;
on second reading, coming up in regular order, was read a second time and ordered to third
reading.
Com. Sub. for S. B. 391, Relating to community voting locations generally; on
second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk, amending the bill on page two, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 3. VOTING BY ABSENTEES.
§3-3-2a. Early voting areas; prohibition against display of campaign material.
(a) The county commission shall designate the courthouse or annex to the courthouse
as the primary location for early voting and in addition, the commission may designate other
locations as provided in subsection (b).
(b) The county commission may, with the approval of the county clerk or other official
charged with the administration of elections, and the written agreement of the chairpersons
of the county executive committees of the two major political parties, designate additional
community voting locations for early voting, other than the county courthouse or courthouse
annex by a majority of the members of the county commission voting to adopt the same at a
public meeting called for that purpose.
(1) The county commission shall publish a notice of its intent to designate community
voting location at least thirty days prior to the designation. Notice shall be by publication as
a Class II-0 legal advertisement in compliance with provisions of article three, chapter fifty-
nine of this code. The publication area is the county in which the community voting locations
are designated; The additional
(2) Community voting locations shall comply with the requirements of this article for
early in-person voting, and criteria prescribed by the Secretary of State and the following
criteria:
(A) can be scheduled for use during the early voting period;
(B) has the physical facilities necessary to accommodate early voting requirements;
(C) has adequate space for voting equipment, poll workers, and voters; and
(D) has adequate security, public accessibility, and parking.
(3) The county executive committees of the two major political parties may nominate
sites to be used as community voting locations during the early voting period;
(4) Upon the designation of a community voting location, the county clerk shall, not less than thirty days prior to an election, give notice of the dates, times, and place of
community voting locations by publication as a Class II-0 legal advertisement in compliance
with provisions of article three, chapter fifty-nine of this code;
(5) Voting shall be conducted at each designated community voting site for a period
of not less than five consecutive days during early in-person voting authorized by section three
of this article, but need not be conducted at each location for the entire period of early in-
person voting; (6) The county commission, with the approval of the county clerk, may
authorize community voting locations on a rotating basis, wherein a community voting
location may be utilized for less than the full period of early in-person voting; and
(7) If more than one community voting location is designated, each location shall be
utilized for an equal number of voting days and permit voting for the same number of hours
per day.
(c) The Secretary of State is hereby directed to shall propose legislative and emergency
rules in accordance with the provisions of article three, chapter twenty-nine-a of this code as
may be necessary to implement the provisions of this section. The rules shall include
establishment of criteria to assure neutrality and security in the selection of additional
community voting locations.
(d) Throughout the period of early in-person voting, the official designated to
supervise and conduct absentee voting shall make the following provisions for voting:
(1) The official shall provide a sufficient number of voting booths or devices
appropriate to the voting system at which voters may prepare their ballots. The booths or
devices are to be in an area separate from but within clear view of the public entrance area of
the official's office or other area designated by the county commission for absentee voting and
are to be arranged to ensure the voter complete privacy in casting the ballot.
(2) The official shall make the voting area secure from interference with the voter and
shall ensure that voted and unvoted ballots are at all times secure from tampering. No person, other than a person lawfully assisting the voter according to the provisions of this chapter,
may be permitted to come within five feet of the voting booth while the voter is voting. No
person, other than the officials or employees of the official designated to supervise and
conduct absentee voting or members of the board of ballot commissioners assigned to conduct
absentee voting, may enter the area or room set aside for voting.
(3) The official designated to supervise and conduct absentee voting shall request the
county commission designate another area within the county courthouse, any annex of the
courthouse or any other designated as early in-person voting locations within the county, as
a portion of the official's office, for the purpose of absentee in-person voting in the following
circumstances:
(A) If the voting area is not accessible to voters with physical disabilities;
(B) If the voting area is not within clear view of the public entrance of the office of
the official designated to supervise and conduct absentee voting; or
(C) If there is no suitable area for absentee in-person voting within the office.
Any designated area is subject to the same requirements as the regular absentee voting
area.
(4) The official designated to supervise and conduct absentee voting shall have at least
two representatives to assist with absentee voting: Provided, That the two representatives
may not be registered with the same political party affiliation or two persons registered with
no political party affiliation. The representatives may be full-time employees, temporary
employees hired for the period of absentee voting in person or volunteers.
(5) No person may do any electioneering nor may any person display or distribute in
any manner, or authorize the display or distribution of, any literature, posters or material of
any kind which tends to influence the voting for or against any candidate or any public
question on the property of the county courthouse, any annex facilities, or any other
designated early voting locations within the county, during the entire period of regular in-person absentee voting. The official designated to supervise and conduct absentee voting is
authorized to remove the material and to direct the sheriff of the county to enforce the
prohibition."
On motion of Delegate Boggs, the bill was advanced to third reading with an
amendment pending and the rule was suspended to permit the consideration of the amendment
on that reading.
Com. Sub. for S. B. 407, Incorporating federal health insurance reforms into
insurance code; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced
to third reading with an amendment pending, and the rule was suspended to permit the
consideration of the amendment on that reading.
Com. Sub. for S. B. 408, Creating WV Health Benefit Exchange Act; on second
reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced
to third reading with an amendment pending, and the rule was suspended to permit the
consideration of the amendment on that reading.
Com. Sub. for S. B. 424, Creating Natural Gas Horizontal Well Control Act; on
second reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced
to third reading with restricted right to amend by Delegate Miley, and the rule was suspended
to permit the consideration of the amendment on that reading.
S. B. 428, Increasing fees charged by clerk of circuit court for medical professional
liability actions; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page one, following the enacting section, by striking
out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 1. FEES AND ALLOWANCES.
§59-1-4. Fees collected by Secretary of State, Auditor and Clerk of Supreme Court of
Appeals to be paid into State Treasury; accounts; reports.
Except as otherwise provided by law, the fees to be charged by the Auditor, Secretary
of State and Clerk of the Supreme Court of Appeals, by virtue of this article or any other law,
shall be are the property of the State of West Virginia. and they and each of them The Auditor,
Secretary of State and Clerk of the Supreme Court of Appeals shall account for and pay into
the State Treasury at least once every thirty days all fees by any of them collected or appearing
to be due to the state, to the credit of the general state fund or other fund as provided by law.
The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall each keep
a complete and accurate account by items itemized account of all fees collected by them and
the nature of the services rendered for which all fees were charged and collected, in
accordance with generally accepted accounting principles, as provided in article two, chapter
five-a of this code. and All accounts shall be open to inspection and audit as provided in
article two, chapter four of this code.
§59-1-11. Fees to be charged by clerk of circuit court.
(a) The clerk of a circuit court shall charge and collect for services rendered by the
clerk the following fees which shall be paid in advance by the parties for whom services are
to be rendered:
(1) For instituting any civil action under the Rules of Civil Procedure, any statutory
summary proceeding, any extraordinary remedy, the docketing of civil appeals, or any other
action, cause, suit or proceeding, $145, $155, of which $30 of that amount shall be deposited
in the Courthouse Facilities Improvement Fund created by section six, article twenty-six,
chapter twenty-nine of this code and $10 shall be $20 deposited in the special revenue account
created in section six hundred three, article twenty-six, chapter forty-eight of this code to
provide legal services for domestic violence victims;
(2) For instituting an action for medical professional liability, $260 $280, of which $10
of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by
section six, article twenty-six, chapter twenty-nine of this code;
(3) Beginning on and after July 1, 1999, for instituting an action for divorce, separate
maintenance or annulment, $135;
(4) For petitioning for the modification of an order involving child custody, child
visitation, child support or spousal support, $85; and
(5) For petitioning for an expedited modification of a child support order, $35.
(b) In addition to the foregoing fees, the following fees shall likewise be charged and
collected:
(1) For preparing an abstract of judgment, $5;
(2) For any a transcript, copy or paper made by the clerk for use in any other court or
otherwise to go out of the office, for each page, $1;
(3) For issuing a suggestion and serving notice to the debtor by certified mail, $25;
(4) For issuing an execution, $25;
(5) For issuing or renewing a suggestee execution and serving notice to the debtor by
certified mail, $25;
(6) For vacation or modification of a suggestee execution, $1;
(7) For docketing and issuing an execution on a transcript of judgment from magistrate
court, $3;
(8) For arranging the papers in a certified question, writ of error, appeal or removal
to any other court, $10, of which $5 of that amount shall be deposited in the Courthouse
Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine
of this code;
(9) For postage and express and for sending or receiving decrees, orders or records,
by mail or express, three times the amount of the postage or express charges;
(10) For each subpoena, on the part of either plaintiff or defendant, to be paid by the
party requesting the same, 50¢;
(11) For additional service, plaintiff or appellant, where any case remains on the
docket longer than three years, for each additional year or part year, $20; and
(12) For administering funds deposited into a federally insured interest-bearing
account or interest-bearing instrument pursuant to a court order, $50, to be collected from the
party making the deposit. A fee collected pursuant to this subdivision shall be paid into the
general county fund.
(c) The clerk shall tax the following fees for services in any a criminal case against any
a defendant convicted in such court:
(1) In the case of any a misdemeanor, $85; and
(2) In the case of any a felony, $105, of which $10 of that amount shall be deposited
in the Courthouse Facilities Improvement Fund created by section six, article twenty-six,
chapter twenty-nine of this code.
(d) The clerk of a circuit court shall charge and collect a fee of $25 per bond for
services rendered by the clerk for processing of criminal bonds and the fee shall be paid at the
time of issuance by the person or entity set forth below:
(1) For cash bonds, the fee shall be paid by the person tendering cash as bond;
(2) For recognizance bonds secured by real estate, the fee shall be paid by the owner
of the real estate serving as surety;
(3) For recognizance bonds secured by a surety company, the fee shall be paid by the
surety company;
(4) For ten-percent recognizance bonds with surety, the fee shall be paid by the person
serving as surety; and
(5) For ten-percent recognizance bonds without surety, the fee shall be paid by the
person tendering ten percent of the bail amount.
In instances in which the total of the bond is posted by more than one bond instrument,
the above fee shall be collected at the time of issuance of each bond instrument processed by
the clerk and all fees collected pursuant to this subsection shall be deposited in the Courthouse
Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine
of this code. Nothing in this subsection may be construed as authorizing authorizes the clerk
to collect the above fee from any person for the processing of a personal recognizance bond.
(e) The clerk of a circuit court shall charge and collect a fee of $10 for services
rendered by the clerk for processing of bailpiece and the fee shall be paid by the surety at the
time of issuance. All fees collected pursuant to this subsection shall be deposited in the
Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter
twenty-nine of this code.
(f) No clerk shall be is required to handle or accept for disbursement any fees, cost or
amounts of any other officer or party not payable into the county treasury except on written
order of the court or in compliance with the provisions of law governing such fees, costs or
accounts.
§59-1-13. Fees to be charged by Clerk of Supreme Court of Appeals.
The Clerk of the Supreme Court of Appeals shall charge the following fees to be paid
by the parties for whom the services are rendered:
For all copies of petitions, records, orders, opinions or other papers, per page
. 25¢
For each certificate under seal of the court
$5
For license to practice law, suitable for framing.
$25
For docketing any civil appeals, including appeals from Family Courts, but not
including, appeals in workers' compensations cases, any action in the Supreme Court's
original jurisdiction or any other action, cause or proceeding $200
For any other work or services not herein enumerated, the clerk shall charge the fees
prescribed for similar services by clerks of circuit courts.
Fees collected for docketing civil appeals shall be expended, in the discretion of the
West Virginia Supreme Court of Appeals, solely to provide grants to the federally designated
provider of civil legal services for low income citizens in the state."
The bill was then ordered to third reading.
S. B. 435, Amending insurance code with respect to surplus lines insurance; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page twenty-five, section seven, line twenty-six, after
the comma, by striking out the words "section three" and inserting in lieu thereof "section
thirty-three",
On page twenty-five, section seven, line twenty-eight, at the beginning of that line, by
striking out "subsection (h)" and inserting in lieu thereof "subdivision two, subsection (f)",
On page twenty-six, section seven, line fifty-nine, by striking subsection (f) in its
entirety and inserting in lieu thereof the following:
"(f)(1) This tax is imposed for the purpose of providing additional revenue for
municipal policemen's and firemen's pension and relief funds and additional revenue for
volunteer and part-volunteer fire companies and departments. This tax is required to be paid
and remitted, on a calendar year basis and in quarterly estimated installments due and payable
on or before the twenty-fifth day of the month succeeding the close of the quarter in which
they accrued, except for the fourth quarter, in respect of which taxes shall be due and payable
and final computation of actual total liability for the prior calendar year shall be made, less
credit for the three quarterly estimated payments prior made, and filed with the annual return
to be made on or before March 1 of the succeeding year. Provisions of this chapter relating
to the levy, imposition and collection of the regular premium tax are applicable to the levy, imposition and collection of this tax to the extent that the provisions are not in conflict with
this section.
All (2) Except as provided in subsection (a) of this section, all taxes remitted to the
commissioner pursuant to subdivision one of this subsection shall be paid by him or her into
a special account in the State Treasury, designated Municipal Pensions and Protection Fund,
or pursuant to section eighteen-b, article twenty-two, chapter eight of this code, the Municipal
Pensions Security Fund, and after appropriation by the Legislature, shall be distributed in
accordance with the provisions of subsection (c), section fourteen-d, article three of this
chapter. The surplus lines licensee shall return to the policyholder the tax on any unearned
portion of the premium returned to the policyholder because of cancellation of policy."
And,
On page thirty-one, section seven, line one hundred fifty-three, by striking subsection
(h) in its entirety and inserting in lieu thereof the following:
"(h) The commissioner is authorized to participate in a clearinghouse established
through NIMA or in a similar allocation procedure for the purpose of collecting and
disbursing to signatory states any funds collected pursuant to this section that are allocable
to properties, risks or exposures located or to be performed outside of this state: Provided,
That twelve per cent of any moneys received from a clearinghouse or through a similar
allocation procedure is subject to the provisions of subsection (d), section thirty-three, article
three of this chapter and eighty-eight per cent of such moneys is subject to the provisions of
subdivision (2), subsection (f) of this section: Provided, however, That to the extent other
states where portions of the properties, risks or exposures reside have failed to enter into
NIMA or a similar allocation procedure with this state, the net premium tax collected shall
be retained by this state and shall be disbursed and distributed in the same manner as moneys
received through a clearinghouse or similar allocation procedure."
The bill was then ordered to third reading.
S. B. 436, Continuing personal income tax adjustment to gross income of certain
retirees; on second reading, coming up in regular order, was read a second time and ordered
to third reading.
Com. Sub. for S. B. 439, Clarifying that filing of manufactured housing complaint
with state regulatory board is prerequisite for lawsuit; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 472, Relating to portable electronics insurance; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page eight, section thirty-two-a, line one hundred
thirty, by striking out paragraph (D) in its entirety and inserting in lieu thereof the following
language:
"(D)No employee or authorized representative of a vendor of portable electronics is
compensated based primarily on the number of customers enrolled for portable electronics
insurance coverage but may receive compensation for enrolling customers for portable
electronics insurance coverage so long as the compensation for those activities under the
limited lines license which is incidental to their overall compensation."
The bill was then ordered to third reading.
Com. Sub. for S. B. 474, Relating to manufacturer's liability for prescription drug
warning or instruction; on second reading, coming up in regular order, was read a second time
and ordered to third reading.
Com. Sub. for S. B. 488, Revising HIV testing statute to conform with most recent
recommendations from CDC; on second reading, coming up in regular order, was read a
second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page fifteen, section two, line one hundred eighty-six, following the word "this" by striking out the word "rule" and inserting in lieu thereof the word
"section",
And,
On page fifteen, section two, line one hundred eighty-seven, by striking out the word
'director' and inserting in lieu thereof the word "commissioner".
The bill was then ordered to third reading.
Com. Sub. for S. B. 532, Relating to fraud and abuse in Medicaid program; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page two, following the enacting section by striking
out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 7. FRAUD AND ABUSE IN THE MEDICAID PROGRAM.
§9-7-1. Legislative purpose and findings; powers and duties of fraud control unit.
(a) It is the purpose of the Legislature to continue the Medicaid Fraud Control Unit
previously established within the West Virginia Department of Welfare Health and Human
Resources and to provide it with the responsibility and authority for investigating and
controlling fraud and abuse of the medical programs of the state Department of welfare Health
and Human Resources which have been established pursuant to section two, article four of
this chapter. It is the finding of the Legislature that substantial sums of money have been lost
to the state and federal government in the operation of the medical programs of the state due
to the overpayment of moneys to medical providers. Such overpayments have been the result
of both the abuse of and fraud in the reimbursement process.
(b) The Medicaid Fraud Control Unit of the State Department of welfare Health and
Human Resources shall be continued and shall have the following powers and duties:
(1) The investigation and referral for prosecution of all violations of applicable state
and federal laws pertaining to the provision of goods or services under the medical programs of the state including the Medicaid program and the program known as handicapped children's
services.
(2) The investigation of complaints alleging abuse, or neglect or financial exploitation
of residents in board and care facilities and patients in health care facilities which receive
payments under the medical programs of the state.
(3) To cooperate with the federal government in all programs designed to detect and
deter fraud and abuse in the medical programs of the state.
(4) To employ and train personnel to achieve the purposes of this article and to employ
legal counsel, investigators, Auditors and clerical support personnel and such other personnel
as are deemed necessary from time to time to accomplish the purposes herein.
§9-7-2. Definitions.
For the purposes of this article:
(1) 'Assistance' means money payments, medical care, transportation and other goods
and services necessary for the health or welfare of individuals, including guidance, counseling
and other welfare services and shall include all items of any nature contained within the
definition of 'welfare assistance' in section two, article one of this chapter.
(2) 'Benefits' means money payments, goods, services, or any other thing of value.
(3) 'Board and Care Facility' means a residential setting where two or more unrelated
adults receive nursing services or personal care services.
(3)(4) 'Claim' means an application for payment for goods or services provided under
the medical programs of the Department of welfare Health and Human Resources.
(5) 'Entity' means any corporation, association, partnership, limited liability company,
or other legal entity.
(6) 'Financial Exploitation' means the intentional misappropriation or misuse of funds
or assets of another.
(4) (7) 'Medicaid' means that assistance provided under a state plan implemented pursuant to the provisions of subchapter nineteen, chapter seven, Title 42, United States Code,
as that chapter has been and may hereafter be amended.
(8) 'Person' means any individual, corporation, association, partnership, proprietor,
agent, assignee or entity.
(5) (9) 'Provider' means any individual or entity furnishing goods or services under
the medical programs of the Department of welfare Health and Human Resources.
(6) (10) 'Unit' means the Medicaid Fraud Control Unit established under section one
of this article.
§9-7-3. Investigations; procedure.
(a) When the unit has credible probable cause to believe that information that indicates
a person has engaged in an act or activity which is subject to prosecution under this article,
the unit shall may make an investigation to determine if the act has been committed and, to
the extent necessary for such purpose, the commissioner Secretary, or an employee of the unit
designated by the commissioner Secretary, shall have the power to may administer oaths or
affirmations and issue subpoenas for witnesses and documents relevant to the investigation,
including information concerning the existence, description, nature, custody, condition and
location of any book, record, documents or other tangible thing and the identity and location
of persons having knowledge of relevant facts or any matter reasonably calculated to lead to
the discovery of admissible evidence.
When the unit has probable cause to believe that a person has engaged in an act or
activity which is subject to prosecution under this article, or section twenty nine, article two,
chapter sixty one, either before, during, or after an investigation pursuant to this section, the
Secretary, or an employee of the unit designated by the Secretary, may request search warrants
and present and swear or affirm criminal complaints.
(b) If documents necessary to an investigation of the unit shall appear to be located
outside the state, such documents shall be made available by the person or entity within the jurisdiction of the state having control over such documents either at a convenient location
within the state or, upon payment of reasonable and necessary expenses to the unit for
transportation and inspection, at the place outside the state where such documents are
maintained.
(c) Upon failure of a person to comply with a subpoena or subpoena duces tecum or
failure of a person to give testimony without lawful excuse and upon reasonable notice to all
persons affected thereby, the unit may apply to the circuit court of the county in which
compliance is sought for appropriate orders to compel obedience with the provisions of this
section.
(d) The unit shall not make public the name or identity of a person whose acts or
conduct is investigated pursuant to this section or the facts disclosed in such investigation
except as the same may be used in any legal action or enforcement proceeding brought
pursuant to this article or any other provision of this code.
§9-7-3a. Agency lawyers assisting prosecutors.
Attorneys employed and assigned to the Medicaid Fraud Control Unit created by the
provisions of section one of this article may assist in the prosecution of criminal violations
of this article.
§9-7-4. Applications for medical assistance; false statements or representations;
criminal penalties.
(a) A person shall not knowingly make or cause to be made a false statement or false
representation of any material fact in an application for medical assistance under the medical
programs of the Department of welfare Health and Human Resources.
(b) A person shall not knowingly make or cause to be made a false statement or false
representation of any material fact necessary to determine the rights of any other person to
medical assistance under the medical programs of the Department of welfare Health and
Human Resources.
(c) A person shall not knowingly and intentionally conceal or fail to disclose any fact
with the intent to obtain medical assistance under the medical programs of the Department
of welfare Health and Human Resources to which the person or any other person is not
entitled.
(d) Any person found to be in violation of subsection (a), (b) or (c) of this section shall
be is guilty of a felony and, upon conviction, shall be confined in the penitentiary imprisoned
in a state correctional facility not less than one nor more than ten years, or shall be fined not
to exceed $10,000 or both fined and imprisoned. as provided.
§9-7-5. Bribery; false claims; conspiracy; criminal penalties.
(a) A person shall not solicit, offer, pay, or receive any unlawful remuneration,
including any kickback, rebate or bribe, directly or indirectly, with the intent of causing an
expenditure of moneys from the medical services fund established pursuant to section two,
article four of this chapter, which expenditure is not authorized by applicable laws or rules
and regulations. governing said medical services fund.
(b) A person shall not make or present or cause to be made or presented to the
Department of welfare Health and Human Resources a claim under the medical programs of
the Department of welfare Health and Human Resources knowing the claim to be false,
fraudulent or fictitious.
(c) A person shall not enter into an agreement, combination or conspiracy to obtain
or aid another to obtain the payment or allowance of a false, fraudulent or fictitious claim
under the medical programs of the Department of welfare Health and Human Resources.
(d) Any person found to be in violation of subsection (a), (b) or (c) of this section shall
be is guilty of a felony and, upon conviction, shall be confined in the penitentiary imprisoned
in a state correctional facility not less than one nor more than ten years or shall be fined not
to exceed $10,000, or both fined and imprisoned. as provided.
§9-7-5a. Venue for criminal offenses.
In addition to other venues permitted by state law, a criminal prosecution under this
article section may be commenced in the circuit court of Kanawha County or of any county
in which:
(a) The defendant is conducting business; or
(b) Any of the conduct constituting a violation of any provision of this article shall
have occurred.
§9-7-6. Civil remedies.
(a) Any person, firm, corporation or other entity which willfully, by means of a false
statement or representation, or by concealment of any material fact, or by other fraudulent
scheme, devise or artifice on behalf of himself, herself, itself, or others, obtains or attempts
to obtain benefits or payments or allowances under the medical programs of the Department
of welfare Health and Human Resources to which he or she or it is not entitled, or, in a greater
amount than that to which he or she or it is entitled, shall be liable to the Department of
welfare Health and Human Resources in an amount equal to three times the amount of such
benefits, payments or allowances to which he or she or it is not entitled, and shall be liable for
the payment of reasonable attorney fees and all other fees and costs of litigation.
(b) No criminal action or indictment need be brought against any person, firm,
corporation or other entity as a condition for establishing civil liability hereunder.
(c) A civil action under this section may be prosecuted and maintained on behalf of
the Department of welfare Health and Human Resources by the Attorney General and his the
Attorney General's assistants or a prosecuting attorney and his the prosecuting attorney's
assistants or by any attorney in contract with or employed by the Department of welfare
Health and Human Resources to provide such representation.
§9-7-6a. Liability of employees of the Department of Health and Human Resources.
There shall be no civil liability on the part of, and no cause of action shall arise against
the Secretary or the Department of Health and Human Resources or its employees or agents for any action taken by them in good faith and in the lawful performance of their powers and
duties under this article.
§9-7-8. Remedies and penalties not exclusive.
The remedies and penalties provided in this article governing the operation of the
medical programs of the Department of welfare Health and Human Resources are in addition
to those remedies and penalties provided elsewhere by law."
The bill was then ordered to third reading.
Com. Sub. for S. B. 560, Relating to confidentiality of Health Care Authority's
rate-setting model; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page one, following the enacting section, by striking
out the remainder of the bill and inserting in lieu thereof, the following language:
"ARTICLE 29B. HEALTH CARE AUTHORITY.
§16-29B-20a. Confidentiality of the rate-setting model.
Rate-setting models utilized by the authority and options generated by those models
are exempt from public disclosure under the provisions of chapter twenty-nine-b of this code:
Provided, That the options generated by the rate-setting models shall be subject to disclosure
under the provisions of chapter twenty-nine-b of this code, following any decision by the
board that utilizes the rate-setting models."
The bill was then ordered to third reading.
Com. Sub. for S. B. 570, Creating Volunteer for Nonprofit Youth Organizations Act;
on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk, amending the bill on page two, following the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following language:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5, §29-29-6, and
§29-29-7, all to read as follows:
ARTICLE 29. VOLUNTEER FOR NONPROFIT YOUTH ORGANIZATIONS ACT.
§29-29-1. Short title.
This article shall be known as and may be cited to as the 'Volunteer for Nonprofit
Youth Organizations Act'.
§29-29-2. Legislative purpose.
The Legislature finds that:
(1) Adventure and recreational activities attractive to nonprofit youth organizations
interested in training and inspiring young people from other parts of the United States and
throughout the world will contribute significantly to the economy of West Virginia, and
enhance the state's reputation as a place to visit and transact business; and
(2) Nonprofit youth organizations must rely on volunteers to staff and support their
events and programs and that some of the volunteers are medical, nursing, emergency medical
service and law-enforcement professionals authorized to practice in other states. Because of
the large number of volunteers required to support those events and programs, the benefits
these events and programs provide to youth, the multicounty areas those events and programs
may cover and the number of agencies potentially involved in granting authorizations to
practice for those volunteers to provide those services in this state, it is in the state's best
interest to provide a streamlined system to permit those volunteers to practice for the periods
of time they engage in volunteer work at those events and programs.
§29-29-3. Definitions.
As used in this article:
(a) 'Applicant' means any emergency medical service applicant, law-enforcement
applicant or medical services applicant, that is registered as a volunteer of the nonprofit
organization, making application for a nonprofit volunteer permit under the provisions of this article.
(b) 'Appropriate licensing agency' means the board, department, division or other
agency in each jurisdiction charged with the licensing, certification or permitting of persons
performing services of the nature and kind described or duties provided for in this article.
(c) 'Emergency medical service applicant' means a person authorized to provide
emergency medical services in West Virginia, or in another state who but for this article
would be required to obtain a certification from the Commissioner of the Bureau for Public
Health pursuant to article eight, chapter sixteen of this code to perform emergency medical
services in this state.
(d) 'Law-enforcement applicant' means a person authorized to work as a law-
enforcement officer in West Virginia, or in another state who but for this article would be
required to obtain authorization pursuant to article twenty-nine, chapter thirty of this code to
work as a law-enforcement officer in this state: Provided, That any person authorized to work
as a law-enforcement officer in another state shall have completed a training program
approved by the governing authority of a political subdivision in order to work as a law-
enforcement officer in that state.
(e) 'Medical services applicant' means a person authorized to provide medical services
in West Virginia, or in another state who but for this article would be required to obtain
authorization to practice in this state, and who is a:
(1) Practitioner of medicine or surgery as defined in article three, chapter thirty of this
code;
(2) Physician assistant as defined in section three, article three, chapter thirty of this
code;
(3) Dentist or dental assistant as defined in article four, chapter thirty of this code;
(4) Nurse as defined in article seven or seven-a, chapter thirty of this code;
(5) Osteopathic physician or surgeon as defined in article fourteen, chapter thirty of this code;
(6) Osteopathic physician assistant as defined in article fourteen-a, chapter thirty of
this code; and
(7) Physical therapist as defined in article twenty, chapter thirty of this code;
(f) 'Nonprofit volunteer permit' or 'permit' means a permit issued to an applicant
pursuant to the provisions of this article.
(g) 'Nonprofit volunteer permittee' or 'permittee' means a person holding a nonprofit
volunteer permit issued under the provisions of this article.
(h) 'Nonprofit youth organization' or 'organization' means any nonprofit organization,
including any subsidiary, affiliated or other related entity within its corporate or business
structure, that has been chartered by the United States Congress to help train young people to
do things for themselves and others, and that has established an area of at least six thousand
contiguous acres within West Virginia in which to provide adventure or recreational activities
for these young people and others.
(i) 'Nonprofit volunteer organization medical director' means an individual licensed
in West Virginia as a practitioner of medicine or surgery pursuant to article three, chapter
thirty of this code, or an individual licensed in West Virginia as a osteopathic physician or
surgeon pursuant to article fourteen, chapter thirty of this code, that has been designated by
the nonprofit volunteer organization to serve as the medical director for an event or program
offered by the organization.
§29-29-4. Exemption from professional licensure.
(a) Notwithstanding any other provision of this code, any individual rendering services
in this state in connection with any event or program offered by the nonprofit youth
organization is exempt from obtaining an authorization to practice from the appropriate
licensing agency of this state while providing services within the limits of his or her authorization to practice, but is required to obtain a nonprofit volunteer permit.
(b) The nonprofit youth organization may issue a nonprofit volunteer permit to an
applicant, who is a registered volunteer of the nonprofit youth organization serving as a
volunteer, without compensation, in connection with any event or program offered by the
organization, if:
(1) All authorizations held by the medical services applicant are valid, unrestricted
without limitation or condition and in good standing: Provided, That any medical services
applicant issued a permit pursuant to this article shall:
(A) Not have prescriptive authority;
(B) Not dispense a Schedule II or Schedule III controlled substance, but may dispense
pharmaceutical drugs in a manner consistent with the applicant's training and experience; and
(C) At all times be subject to the direction of nonprofit volunteer organization medical
director.
(2) All authorizations held by the law-enforcement applicant are valid, unrestricted
without limitation or condition and in good standing and the applicant is deputized by the
Superintendent of the West Virginia State Police prior to rendering any law-enforcement
services: Provided, That:
(A) Any permit issued pursuant to this article shall not supersede the authority or duty
of a law-enforcement officer certified pursuant to article twenty-nine, chapter thirty of this
code to preserve law and order on the premises;
(B) The Superintendent of the West Virginia State Police has sole discretion in
determining whether to deputize any law-enforcement applicant; and
(C) The jurisdiction for a law-enforcement applicant issued a permit pursuant to the
provisions of this article shall be limited to:
(i) The property owned by the nonprofit youth organization;
(ii) Any street, road or thoroughfare, except controlled access and open country highways, immediately adjacent to or passing through the property owned by the nonprofit
youth organization; and
(iii) Areas of operations in support of an event sponsored by the nonprofit youth
organization.
(D) A law-enforcement applicant issued a permit pursuant to the provisions of this
article shall at all times be subject to the direction of the Superintendent of the West Virginia
State Police.
(3) All authorizations held by the emergency medical service applicant are valid,
unrestricted without limitation or condition and in good standing: Provided, That any
emergency medical service applicant issued a permit pursuant to this article shall:
(A) Not have prescriptive authority;
(B) Not dispense a Schedule II or Schedule III controlled substance, but may dispense
pharmaceutical drugs in a manner consistent with the applicant's training and experience; and
(C) At all times be subject to the direction of nonprofit volunteer organization medical
director.
(c) Any services rendered by a permittee shall at all times be performed under the
guidelines and instructions of the nonprofit volunteer organization.
(d) A nonprofit volunteer permit issued pursuant to the provisions of this article may
only be valid for a period not to exceed ninety days in a calendar year.
§29-29-5. Powers and duties of nonprofit youth organization.
(a) Before the nonprofit youth organization may issue a nonprofit volunteer permit to
an applicant, the organization shall:
(1) Gather and maintain the following information for each applicant:
(A) The applicant's name, position, address and phone number;
(B) A copy of the applicant's authorization to practice from all jurisdictions in which
the applicant is authorized to practice;
(2) Require documentation that the applicant has received at least two hours of
instruction provided by the nonprofit youth organization, which may be accomplished by
webinar, video conference or other remote means of instruction;
(3) No more than one hundred twenty days prior to any volunteer services being
performed, require documentation from all jurisdictions in which the applicant authorized to
practice stating that the applicant's authorization to practice is valid, in good standing and
unrestricted and without limitation or condition; and
(4) Require a written acknowledgment signed by the applicant that the rules,
regulations and procedures established by the nonprofit youth organization have been received
and reviewed.
(b) All information and documentation maintained and gathered pursuant to this
section shall be maintained in a safe and secure manner, which may be electronically, by the
nonprofit youth organization for a period of ten years from the date a permit is issued to the
applicant.
(c) The nonprofit youth organization providing emergency medical services shall have
a license to operate an emergency medical services agency pursuant to section six-a, article
four-c, chapter sixteen of this code and the Commissioner of the Bureau of Public Health may
make such adjustments to the licensing standards to reflect the nature of the services provided
by the permittees and the size, scope and interests being served by any event or program of
such organization.
§29-29-6. Revocation of nonprofit volunteer permit.
(a) The nonprofit volunteer permit may be revoked at any time by the nonprofit
volunteer organization.
(b) The nonprofit volunteer organization shall revoke a nonprofit volunteer permit and
shall report the revocation to the appropriate licensing agency in every jurisdiction where the
individual holds an authorization to practice for the following reasons:
(1) Professional incompetence;
(2) Professional misconduct; or
(3) Criminal activity.
§29-29-7. Liability of permittees and the nonprofit volunteer organization for volunteer
services.
(a) Any claim arising out of the services provided by a permittee or the nonprofit
volunteer organization pursuant to this article shall be determined in the same manner and by
the same standards as if the permittee was authorized to practice in this state.
(b) The nonprofit youth organization shall carry liability insurance in limits of no less
than $1 million per person, and $1 million per occurrence and $50,000 for property damage
and this insurance shall extend to the acts of any nonprofit volunteer permittees providing
services under this article and shall be primary to any other available insurance.
(c) The West Virginia appropriate licensing agency shall not be liable for any harm
or claim arising solely out of the actions of any permittee exempt from obtaining authorization
to practice in this state pursuant to this article."
The Clerk reported an amendment to the Committee on the Judiciary amendment, on
page six, section four, line eight, after the word "Police", by inserting the words "pursuant to
subsection (e), section twelve, article two, chapter fifteen of this code",
And,
On page nine, section seven, by striking out section seven in its entirety and inserting
in lieu thereof, the following:
"§29-29-7. Liability of permittees and the nonprofit volunteer organization for
volunteer services.
(a) Any claim arising out of the services provided by a permittee or the nonprofit
volunteer organization pursuant to this article shall be determined in the same manner and by
the same standards as if the permittee was authorized to practice in this state.
(b) The nonprofit youth organization shall carry liability insurance in limits of no less
than $1 million per person, and $3 million per occurrence and $50,000 for property damage
and this insurance shall extend to the acts of any nonprofit volunteer permittees providing
services under this article and shall be primary to any other available insurance.
(c) The liability of nonprofit volunteer permittees shall be limited to the amount of
liability insurance available to them under subsection (b) unless the act or omission giving rise
to the permittee's liability was the result of willful misconduct: Provided, That permittees
deputized by the Superintendent of the West Virginia State Police pursuant to section four of
this article and subsection (e), section twelve, article two, chapter fifteen of the code, shall not
be considered an insured under the terms of the liability insurance policy provided West
Virginia state agencies through the state board of risk and insurance management.'
(d) The West Virginia appropriate licensing agency shall not be liable for any harm
or claim arising solely out of the actions of any permittee exempt from obtaining authorization
to practice in this state pursuant to this article."
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced
to third reading with the amendments pending, and the rule was suspended to permit the
consideration of the amendments on that reading.
The bill was then ordered to third reading.
S. B. 616, Relating to post-employment benefits generally; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the
Clerk, amending the bill on page two, following the enacting clause, by striking the remainder
of the bill and inserting in lieu thereof the following:
"That §4-11A-18 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that §5-16-3 and §5-16-5 of said code be amended and reenacted; that §5-16D-1
and §5-16D-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §5-16D-7; that §11-10-5d of said code be amended and
reenacted; that §11-21-96 of said code be amended and reenacted; that §11B-2-20 of said code
be amended and reenacted; and that §18-9A-24 of said code be amended and reenacted, all
to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 11A. LEGISLATIVE APPROPRIATION OF TOBACCO SETTLEMENT
FUNDS.
§4-11A-18. Dedication of personal income tax proceeds as replacement moneys for
anticipated tobacco master settlement agreement proceeds to the Old
Fund and to the West Virginia Retiree Health Benefit Fund.
(a) There is hereby dedicated an annual amount of $50,400,000 from annual
collections of the tax imposed by article twenty-one, chapter eleven of this code as a portion
of the revenue source dedicated to satisfy the Old Fund liabilities as they occur to provide a
dollar for dollar replacement of the first $30 million received pursuant to section IX(c)(1) of
the master settlement agreement and the anticipated strategic compensation payments to be
received pursuant to section IX(c)(2) of the master settlement agreement as previously
dedicated to the Old Fund prior to the sale of state's share to the Tobacco Settlement Finance
Authority. No portion of this amount may be pledged for payment of debt service on revenue
bonds issued pursuant to article two-d, chapter twenty-three of this code.
(b) Notwithstanding any other provision of this code to the contrary, beginning
immediately after the sale of the state's share to the Tobacco Settlement Finance Authority,
$50,400,000 from collections of the tax imposed by article twenty-one, chapter eleven of this
code shall be deposited each calendar year to the credit of the Old Fund created in article
two-d, chapter twenty-three of this code in accordance with the following schedule. Each
calendar month, except for July, August and September each year, $5,600,000 shall be
transferred, on or before the twenty-eighth day of the month, to the Workers' Compensation Debt Reduction Fund created in article two-d, chapter twenty-three of this code. The transfers
pursuant to this section are in addition to the transfers pursuant to section ninety-six, article
twenty-one, chapter eleven of this code.
(c) Expiration. The transfers required by this section shall continue to be made
until the Governor certifies to the Legislature that an independent actuary study determined
that the unfunded liability of the Old Fund, as defined in chapter twenty-three of this code,
has been paid or provided for in its entirety. After the Governor certifies to the Legislature
that the unfunded liability has been paid or provided for in its entirety as required by this
subsection, the amounts deposited pursuant to subsection (b) of this section, shall thereafter
be deposited, in accordance with the schedule provided in subsection (b) of this section, into
the West Virginia Retiree Health Benefit Trust Fund, until the Governor certifies to the
Legislature that an independent actuarial study determined that the unfunded liability of the
West Virginia Retiree Health Benefit Trust Fund, as created in section two, article sixteen-d,
chapter five of this code has been provided for in its entirety. No transfer pursuant to this
section shall be made thereafter.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-3. Composition of Public Employees Insurance Agency; appointment,
qualification, compensation and duties of Director of Agency;
employees; civil service coverage.
(a) The Public Employees Insurance Agency consists of the Director, the Finance
Board, the Advisory Board and any employees who may be authorized by law. The Director
shall be appointed by the Governor, with the advice and consent of the Senate, and serves at the will and pleasure of the Governor. The Director shall have at least three years' experience
in health or governmental health benefit administration as his or her primary employment duty
prior to appointment as director. The Director shall receive actual expenses incurred in the
performance of official business. The Director shall employ any administrative, technical and
clerical employees required for the proper administration of the programs provided in this
article. The Director shall perform the duties that are required of him or her under the
provisions of this article and is the Chief Administrative Officer of the Public Employees
Insurance Agency. The Director may employ a deputy director.
(b) Except for the Director, his or her personal secretary, the Deputy Director and the
Chief Financial Officer, all positions in the Agency shall be included in the classified service
of the civil service system pursuant to article six, chapter twenty-nine of this code.
(c) The Director is responsible for the administration and management of the Public
Employees Insurance Agency as provided in this article and in connection with his or her
responsibility may make all rules necessary to effectuate the provisions of this article.
Nothing in section four or five of this article limits the Director's ability to manage on a day-
to-day basis the group insurance plans required or authorized by this article, including, but not
limited to, administrative contracting, studies, analyses and audits, eligibility determinations,
utilization management provisions and incentives, provider negotiations, provider contracting
and payment, designation of covered and noncovered services, offering of additional coverage
options or cost containment incentives, pursuit of coordination of benefits and subrogation
or any other actions which would serve to implement the plan or plans designed by the
Finance Board. The Director is to function as a benefits management professional and should
avoid political involvement in managing the affairs of the Public Employees Insurance
Agency.
(d) On July 1, 2011, and every year thereafter, the Director shall provide the Joint Committee on Government and Finance a progress report on the implementation of the
following payment and delivery system reforms:
(1) The establishment of accountable care organizations that will be responsible for
the quality of care provided to employees and/or retired employees. The report will include
the number and type of medical providers that are participating in the accountable care
organizations, the number of covered lives participating in the accountable care organizations,
the quality measures mutually adopted by the director and the accountable care organizations,
the results in changes in these quality measures, and how the agency is reimbursing the
accountable care organizations. To the maximum extent possible, the Director shall establish
accountable care organizations in conjunction with Medicaid and private health insurance
carriers.
(2) The number of federally qualified health centers and private physician offices that
are accredited as medical homes by the National Committee for Quality Assurance, the
number of employees and/or retired employees who use these medical homes, the amount of
payment by the agency to medical homes for care coordination and other services, the saving,
if any, in reduced emergency room use, hospital admissions or other services by employees
and/or retired employees who use medical homes, the quality measures mutually adopted by
the director and the medical homes, and the results in changes in these quality measures. To
the maximum extent possible, the Director shall establish medical homes in conjunction with
Medicaid and private health insurance carriers.
(3) The number of federally qualified health centers and private physician offices that
accept a capitated reimbursement rate for providing employees and retired employees
preventive and primary care, the quality measures mutually adopted by the director and the
federally qualified health centers or private physician offices, the results in changes in these
quality measures, and any cost saving from the use of capitated reimbursement rates.
(4) The number of employees and retired employees who are admitted to a hospital and after having been admitted to a hospital for more than twenty-four hours acquires an
infection, the cost of treating these infections, and the steps taken by the Director to limit or
eliminate the payment by the agency for treating hospital acquired infections.
(5) The number of employees and retired employees who are re-admitted to a hospital
for the same diagnosis related group illness within thirty days of being discharged by a
hospital in the state or another state. If the agency determines that a hospital has a re-
admission rate above the national average, the agency shall conduct a random chart review
to determine whether the hospital is appropriately coordinating the care of employees and
retired employees being discharged from the hospital, documentation on the steps taken by
the agency to reduce the number of employees and retired employees who are re-admitted
within a thirty day period for the same diagnosis related group, and the cost savings, if any,
related to this corrective action.
(6) The steps taken by the Director to identify high performing and low performing
hospitals and physicians, the action taken to promote the use of high performing hospitals and
doctors and discourage use of low performing hospitals and physicians by employees and
retired employees, and the cost savings for promoting the use of high performing hospitals
and physicians. The Director may use claims data from the agency, Medicaid, Medicare or
private health insurance carriers to determine high and low performing hospitals and
physicians.
(7) The number of employees and retired employees who have multiple chronic
illnesses and the steps taken by the Director to coordinate the care of these patients and any
savings from this coordination of care.
(8) The number and cost of generic drugs filled for employees and retired employees
during the previous three months, and the number and cost of brand name prescription drugs
filled for employees and retired employees during the previous three months. If the percentage
of generic drugs filled in relation to the total number of prescription drugs filled during the previous three months is less than eighty percent, the Director shall include in the progress
report what steps are being taken to increase the use of generic drugs. If the total expenditure
for employee prescription drug expenditures or the total expenditure for retiree employees
increases by more than six percent from one quarter to the next quarter, the Director shall
include in the progress reports steps he or she is taking to reduce the total prescription drugs
expenditure for employees and for retired employees.
(9) The Director shall include in the progress report any additional cost containment
measures that he or she believes are warranted.
(e) Notwithstanding any provision of this code to the contrary, the Director may
decrease copayments or coinsurance rates and the Board may decrease or increase copayments
or coinsurance rates throughout the plan year in order to encourage the use of accountable care
organizations, medical homes, federally qualified health centers and private physician offices
that accept capitated rates for preventive and primary care, and the use of high performing
hospitals and physician.
§5-16-5. Purpose, powers and duties of the finance board; initial financial plan;
financial plan for following year; and annual financial plans.
(a) The purpose of the finance board created by this article is to bring fiscal stability
to the Public Employees Insurance Agency through development of annual financial plans and
long-range plans designed to meet the agency's estimated total financial requirements, taking
into account all revenues projected to be made available to the agency and apportioning
necessary costs equitably among participating employers, employees and retired employees
and providers of health care services.
(b) The finance board shall retain the services of an impartial, professional actuary,
with demonstrated experience in analysis of large group health insurance plans, to estimate
the total financial requirements of the Public Employees Insurance Agency for each fiscal year
and to review and render written professional opinions as to financial plans proposed by the finance board. The actuary shall also assist in the development of alternative financing
options and perform any other services requested by the finance board or the director. All
reasonable fees and expenses for actuarial services shall be paid by the Public Employees
Insurance Agency. Any financial plan or modifications to a financial plan approved or
proposed by the finance board pursuant to this section shall be submitted to and reviewed by
the actuary and may not be finally approved and submitted to the Governor and to the
Legislature without the actuary's written professional opinion that the plan may be reasonably
expected to generate sufficient revenues to meet all estimated program and administrative
costs of the agency, including incurred but unreported claims, for the fiscal year for which the
plan is proposed. The actuary's opinion on the financial plan for each fiscal year shall allow
for no more than thirty days of accounts payable to be carried over into the next fiscal year.
The actuary's opinion for any fiscal year shall not include a requirement for establishment of
a reserve fund.
(c) All financial plans required by this section shall establish:
(1) Maximum levels of reimbursement which the Public Employees Insurance Agency
makes to categories of health care providers;
(2) Any necessary cost-containment measures for implementation by the director;
(3) The levels of premium costs to participating employers; and
(4) The types and levels of cost to participating employees and retired employees.
The financial plans may provide for different levels of costs based on the insured's
ability to pay, as evidenced by the insured member's and any covered insureds' West Virginia
income tax return. The finance board may establish different levels of costs to retired
employees based upon length of employment with a participating employer, ability to pay or
other relevant factors. The financial plans may also include optional alternative benefit plans
with alternative types and levels of cost. The finance board may develop policies which
encourage the use of West Virginia health care providers.
In addition, the finance board may allocate a portion of the premium costs charged to
participating employers to subsidize the cost of coverage for participating retired employees,
on such terms as the finance board determines are equitable, and financially responsible and
consistent with the following:
The finance board may include in the financial plans a subsidy for the cost of coverage
for retired employees who were hired before July 1, 2010, not to exceed on average $2,340
per member per year which may not be escalated more than four percent per year: Provided,
That if a retiree is not sixty-five years of age or older, the subsidy may not exceed on average
$3,960 per member per year which may not be escalated more than two percent per year. If
the finance board includes in the financial plan any subsidy pursuant to this section, it must
include a schedule of premium subsidies based on, at a minimum, (1) the financial need as
determined by a retiree's and any covered insureds' entire income as evidenced by the
retiree's and any covered insureds' West Virginia income tax return; and (2) the retiree's
number of years of service.
(d)(1) The finance board shall prepare an annual financial plan for each fiscal year
during which the finance board remains in existence. The finance board chairman shall
request the actuary to estimate the total financial requirements of the Public Employees
Insurance Agency for the fiscal year.
(2) The finance board shall prepare a proposed financial plan designed to generate
revenues sufficient to meet all estimated program and administrative costs of the Public
Employees Insurance Agency for the fiscal year. The proposed financial plan shall allow for
no more than thirty days of accounts payable to be carried over into the next fiscal year.
Before final adoption of the proposed financial plan, the finance board shall request the
actuary to review the plan and to render a written professional opinion stating whether the
plan will generate sufficient revenues to meet all estimated program and administrative costs
of the Public Employees Insurance Agency for the fiscal year. The actuary's report shall explain the basis of its opinion. If the actuary concludes that the proposed financial plan will
not generate sufficient revenues to meet all anticipated costs, then the finance board shall
make necessary modifications to the proposed plan to ensure that all actuarially determined
financial requirements of the agency will be met.
(3) Upon obtaining the actuary's opinion, the finance board shall conduct one or more
public hearings in each congressional district to receive public comment on the proposed
financial plan, shall review the comments and shall finalize and approve the financial plan.
(4) Any financial plan shall be designed to allow thirty days or less of accounts
payable to be carried over into the next fiscal year. For each fiscal year, the Governor shall
provide his or her estimate of total revenues to the finance board no later than October 15, of
the preceding fiscal year: Provided, That, for the prospective financial plans required by this
section, the Governor shall estimate the revenues available for each fiscal year of the plans
based on the estimated percentage of growth in general fund revenues. The finance board
shall submit its final, approved financial plan, after obtaining the necessary actuary's opinion
and conducting one or more public hearings in each congressional district, to the Governor
and to the Legislature no later than January 1, preceding the fiscal year. The financial plan
for a fiscal year becomes effective and shall be implemented by the director on July 1, of the
fiscal year. In addition to each final, approved financial plan required under this section, the
finance board shall also simultaneously submit financial statements based on generally
accepted accounting practices (GAAP) and the final, approved plan restated on an accrual
basis of accounting, which shall include allowances for incurred but not reported claims:
Provided, however, That the financial statements and the accrual-based financial plan
restatement shall not affect the approved financial plan.
(e) The provisions of chapter twenty-nine-a of this code shall not apply to the
preparation, approval and implementation of the financial plans required by this section.
(f) By January 1 of each year, the finance board shall submit to the Governor and the Legislature a prospective financial plan, for a period not to exceed five years, for the programs
provided in this article. Factors that the board shall consider include, but are not limited to,
the trends for the program and the industry; the medical rate of inflation; utilization patterns;
cost of services; and specific information such as average age of employee population, active
to retiree ratios, the service delivery system and health status of the population.
(g) The prospective financial plans shall be based on the estimated revenues submitted
in accordance with subdivision (4), subsection (d) of this section and shall include an average
of the projected cost-sharing percentages of premiums and an average of the projected
deductibles and copays for the various programs. Beginning in the plan year which
commences on July 1, 2002, and in each plan year thereafter, until and including the plan year
which commences on July 1, 2006, the prospective plans shall include incremental
adjustments toward the ultimate level required in this subsection, in the aggregate cost-sharing
percentages of premium between employers and employees, including the amounts of any
subsidization of retired employee benefits. Effective in the plan year commencing on July 1,
2006, and in each plan year thereafter, the aggregate premium cost-sharing percentages
between employers and employees, including the amounts of any subsidization of retired
employee benefits, shall be at a level of eighty percent for the employer and twenty percent
for employees, except for the employers provided in subsection (d), section eighteen of this
article whose premium cost-sharing percentages shall be governed by that subsection. After
the submission of the initial prospective plan, the board may not increase costs to the
participating employers or change the average of the premiums, deductibles and copays for
employees, except in the event of a true emergency as provided in this section: Provided,
That if the board invokes the emergency provisions, the cost shall be borne between the
employers and employees in proportion to the cost-sharing ratio for that plan year: Provided,
however, That for purposes of this section, 'emergency' means that the most recent
projections demonstrate that plan expenses will exceed plan revenues by more than one percent in any plan year: Provided further, That the aggregate premium cost-sharing
percentages between employers and employees, including the amounts of any subsidization
of retired employee benefits, may be offset, in part, by a legislative appropriation for that
purpose.
(h) The finance board shall meet on at least a quarterly basis to review implementation
of its current financial plan in light of the actual experience of the Public Employees Insurance
Agency. The board shall review actual costs incurred, any revised cost estimates provided by
the actuary, expenditures and any other factors affecting the fiscal stability of the plan and
may make any additional modifications to the plan necessary to ensure that the total financial
requirements of the agency for the current fiscal year are met. The finance board may not
increase the types and levels of cost to employees during its quarterly review except in the
event of a true emergency.
(i) For any fiscal year in which legislative appropriations differ from the Governor's
estimate of general and special revenues available to the agency, the finance board shall,
within thirty days after passage of the budget bill, make any modifications to the plan
necessary to ensure that the total financial requirements of the agency for the current fiscal
year are met.
ARTICLE 16D. RETIREMENT HEALTH BENEFIT TRUST FUND.
§5-16D-1. Definitions.
As used in this article, the term:
(a) 'Actuarial accrued liability' means that portion, as determined by a particular
actuarial cost method, of the actuarial present value of fund obligations and administrative
expenses which is not provided by future normal costs.
(b) 'Actuarial cost method' means a method for determining the actuarial present
value of the obligations and administrative expenses of the fund and for developing an
actuarially equivalent allocation of the value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate,
attained age, entry age, frozen attained age, frozen entry age and projected unit credit
methods.
(c) 'Actuarially sound' means that calculated contributions to the fund are sufficient
to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost
of providing for fund obligations as they accrue in the future and the cost of amortizing the
unfunded actuarial accrued liability over a period of no more than thirty years.
(d) 'Actuarial present value of total projected benefits' means the present value, at the
valuation date, of the cost to finance benefits payable in the future, discounted to reflect the
expected effects of the time value of money and the probability of payment.
(e) 'Actuarial assumptions' means assumptions regarding the occurrence of future
events affecting the fund such as mortality, withdrawal, disability and retirement; changes in
compensation and offered post-employment benefits; rates of investment earnings and other
asset appreciation or depreciation; procedures used to determine the actuarial value of assets;
and other relevant items.
(f) 'Actuarial valuation' means the determination, as of a valuation date, of the normal
cost, actuarial accrued liability, actuarial value of assets and related actuarial present values
for the fund.
(g) 'Administrative expenses' means all expenses incurred in the operation of the
fund, including all investment expenses.
(h) 'Annual required contribution' means the amount employers must contribute in
a given year to fully fund the trust, as determined by the actuarial valuation in accordance with
requirements of generally accepted accounting principles. This amount shall represent a level
of funding that if paid on an ongoing basis is projected to cover the normal cost each year and
amortize any unfunded actuarial liabilities of the plan over a period not to exceed thirty years.
(i) 'Board' means the Public Employees Insurance Agency Finance Board created in section four, article sixteen of this chapter.
(j) 'Contractually required contribution' means an amount determined annually by the
board to be billed to each employer, which amount shall at least equal the minimum annual
employer payment and may be any amount up to, but may not exceed, the employer annual
required contribution.
(j) (k) 'Cost-sharing multiple employer plan' means a single plan with pooling (cost-
sharing) arrangements for the participating employers. All risk, rewards, and costs, including
benefit costs, are shared and not attributed individually to the employers. A single actuarial
valuation covers all plan members and the same contribution rate applies for each employer.
(k) (l) 'Covered health care expenses' means all actual health care expenses paid by
the health plan on behalf of fund beneficiaries. Actual health care expenses include claims
payments to providers and premiums paid to intermediary entities and health care providers
by the health plan.
(l) (m) 'Employer' means any employer as defined by section two, article sixteen of
this chapter which has or will have retired employees in any Public Employees Insurance
Agency health plan.
(m) (n) 'Employer annual required contribution' means the portion of the annual
required contribution which is the responsibility of that particular employer.
(n) (o) 'Fund' means the West Virginia Retiree Health Benefit Trust Fund established
under this article.
(o) (p) 'Fund beneficiaries' means all persons receiving post-employment health care
benefits through the health plan.
(p) (q) 'Health plan' means the health insurance plan or plans established under article
sixteen of this chapter.
(q) (r) 'Minimum annual employer payment' means the annual amount paid by
employers which, when combined with the retirees' contributions on their premiums that year, provide sufficient funds such that the annual finance plan of the finance board will cover all
projected retiree covered health care expenses and related administrative costs for that year.
The finance board shall develop the minimum annual employer payment as part of its
financial plan each year as addressed in section five, article sixteen of this chapter.
(r) (s) 'Normal cost' means that portion of the actuarial present value of the fund
obligations and expenses which is allocated to a valuation year by the actuarial cost method
used for the fund.
(s) (t) 'Obligations' means the administrative expenses of the fund and the cost of
covered health care expenses incurred on behalf of fund beneficiaries.
(t) (u)'Other post-employment benefits' or 'retiree post-employment health care
benefits' means those benefits as addressed by governmental accounting standards board
statement no. 43 or any subsequent governmental standards board statement that may be
applicable to the fund.
(u) (v) 'Plan for other post-employment benefits' means the fiscal funding plan for
retiree post-employment health care benefits as it relates to governmental accounting
standards board statement no. 43 or any subsequent governmental accounting standards board
statements that may be applicable to the fund.
(v) (w) 'Retiree' means retired employee as defined by section two, article sixteen of
this chapter.
(w) (x) 'Retirement system' or 'system' means the West Virginia Consolidated Public
Retirement Board created and established by article ten of this chapter and includes any
retirement systems or funds administered or overseen by the Consolidated Public Retirement
Board.
(x) (y) 'Unfunded actuarial accrued liability' means for any actuarial valuation the
excess of the actuarial accrued liability over the actuarial value of the assets of the fund under
an actuarial cost method used by the fund for funding purposes.
§5-16D-6. Mandatory employer contributions.
(a) The board shall annually set the total annual required contribution sufficient to
maintain the fund in an actuarially sound manner in accordance with generally accepted
accounting principles.
(b) The board shall annually allocate to the respective employers the employer's
portion of the annual required contribution, which allocated amount is the 'employer annual
required contribution'.
(c) The board may apportion the annual required contribution into various
components. These components may include the amortized unfunded actuarial accrued
liability, the total normal cost, the contractually required contributions, the employer annual
required contribution and the lesser included minimum annual employer payment. In the
board's annual apportionment of the annual required contribution, any amounts of the
minimum annual employer payment apportioned to reduce the amortized unfunded actuarial
accrued liability shall not be treated as premium by the board in the finance plan but, rather,
shall be treated as contributions to prefund other post-employment benefits.
(d) Employers shall make annual contributions to the fund in, at least, the amount of
the minimum annual employer payment rates established by the board.
(e) The Public Employees Insurance Agency shall bill each employer for the employer
annual contractually required contribution and the included minimum annual employer
payment. The Public Employees Insurance Agency shall annually collect the contractually
required contribution and the included minimum annual employer payment. The Public
Employees Insurance Agency shall, in addition to the minimum annual employer payment
contractually required contribution, collect any amounts the employer elects to pay toward the
employer annual required contribution. Subject to section twenty-four, article nine-a, chapter
eighteen of this code, any employer annual contractually required contribution amount not
satisfied by the respective employer shall remain the liability of that employer until fully paid.
§5-16D-7. Select Committee on Other Post Employment Benefits.
(a) Pursuant to the authority contained in section one, article one, chapter four of this
code, the presiding officers of each house of the Legislature may appoint a joint committee
to study the effects of the amendments to this code relating to other post employment benefits
made during the regular session of the Legislature 2011.
(b) Once formed, the select committee shall specifically monitor the effects on retirees,
county boards and non-state employers in regards to other post employment benefit costs.
The committee shall also work with the public employees insurance agency and the finance
board to propose a plan to the Legislature that would provide some alternative benefit for plan
employees for whom there is no post employment health benefit.
CHAPTER 11. TAXATION.
ARTICLE 10. WEST VIRGINIA TAX PROCEDURE AND ADMINISTRATION
ACT.
§11-10-5d. Confidentiality and disclosure of returns and return information.
(a) General rule. -- Except when required in an official investigation by the Tax
Commissioner into the amount of tax due under any article administered under this article or
in any proceeding in which the Tax Commissioner is a party before a court of competent
jurisdiction to collect or ascertain the amount of such tax and except as provided in
subsections (d) through (n) (o), inclusive, of this section, it shall be is unlawful for any officer,
employee or agent of this state or of any county, municipality or governmental subdivision
to divulge or make known in any manner the tax return, or any part thereof, of any person or
disclose information concerning the personal affairs of any individual or the business of any
single firm or corporation, or disclose the amount of income, or any particulars set forth or
disclosed in any report, declaration or return required to be filed with the Tax Commissioner
by any article of this chapter imposing any tax administered under this article or by any rule
or regulation of the Tax Commissioner issued thereunder, or disclosed in any audit or investigation conducted under this article. For purposes of this article, tax returns and return
information obtained from the Tax Commissioner pursuant to an exchange of information
agreement or otherwise pursuant to the provisions of subsections (d) through (n) (o),
inclusive, of this section which is in the possession of any officer, employee, agent or
representative of any local or municipal governmental entity or other governmental
subdivision is subject to the confidentiality and disclosure restrictions set forth in this article:
Provided, That such officers, employees or agents may disclose the information in an official
investigation, by a local or municipal governmental authority or agency charged with the duty
and responsibility to administer the tax laws of the jurisdiction, into the amount of tax due
under any lawful local or municipal tax administered by that authority or agency, or in any
proceeding in which the local or municipal governmental subdivision, authority or agency is
a party before a court of competent jurisdiction to collect or ascertain the amount of the tax.
Unlawful disclosure of the information by any officer, employee or agent of any local,
municipal or governmental subdivision is subject to the sanctions set forth in this article.
(b) Definitions. -- For purposes of this section:
(1) Background file document. -- The term 'background file document', with respect
to a written determination, includes the request for that written determination, any written
material submitted in support of the request and any communication (written or otherwise)
between the State Tax Department and any person outside the State Tax Department in
connection with the written determination received before issuance of the written
determination.
(2) Disclosure. -- The term 'disclosure' means making known to any person in any
manner whatsoever a return or return information.
(3) Inspection. -- The terms 'inspection' and 'inspected' means any examination of
a return or return information.
(4) Return. -- The term 'return' means any tax or information return or report, declaration of estimated tax, claim or petition for refund or credit or petition for reassessment
that is required by, or provided for, or permitted under the provisions of this article (or any
article of this chapter administered under this article) which is filed with the Tax
Commissioner by, on behalf of, or with respect to any person and any amendment or
supplement thereto, including supporting schedules, attachments or lists which are
supplemental to, or part of, the return so filed.
(5) Return information. -- The term 'return information' means:
(A) A taxpayer's identity; the nature, source or amount of his or her income, payments,
receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax
withheld, deficiencies, over assessments or tax payments, whether the taxpayer's return was,
is being, or will be examined or subject to other investigation or processing, or any other data
received by, recorded by, prepared by, furnished to or collected by the Tax Commissioner
with respect to a return or with respect to the determination of the existence, or possible
existence, of liability (or the amount thereof) or by any person under the provisions of this
article (or any article of this chapter administered under this article) for any tax, additions to
tax, penalty, interest, fine, forfeiture or other imposition or offense; and
(B) Any part of any written determination or any background file document relating
to such written determination. 'Return information' does not include, however, data in a form
which cannot be associated with or otherwise identify, directly or indirectly, a particular
taxpayer. Nothing in the preceding sentence, or in any other provision of this code, shall be
construed to require the disclosure of standards used or to be used for the selection of returns
for examination or data used or to be used for determining such standards.
(6) Tax administration. -- The term 'tax administration' means:
(A) The administration, management, conduct, direction and supervision of the
execution and application of the tax laws or related statutes of this state and the development
and formulation of state and local tax policy relating to existing or propose date proposed state and local tax laws and related statutes of this state; and
(B) Includes assessment, collection, enforcement, litigation, publication and statistical
gathering functions under the laws of this state and of local governments.
(7) Taxpayer identity. -- The term 'taxpayer identity' means the name of a person with
respect to whom a return is filed, his or her mailing address, his or her taxpayer identifying
number or a combination thereof.
(8) Taxpayer return information. -- The term 'taxpayer return information' means
return information as defined in subdivision (5) of this subsection which is filed with, or
furnished to, the Tax Commissioner by or on behalf of the taxpayer to whom such return
information relates.
(9) Written determination. -- The term 'written determination' means a ruling,
determination letter, technical advice memorandum or letter or administrative decision issued
by the Tax Commissioner.
(c) Criminal penalty. -- Any officer, employee or agent (or former officer, employee
or agent) of this state or of any county, municipality or governmental subdivision who violates
this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined
not more than $1,000 or imprisoned confined in jail for not more than one year, or both fined
and confined, together with costs of prosecution.
(d) Disclosure to designee of taxpayer. -- Any person protected by the provisions of
this article may, in writing, waive the secrecy provisions of this section for such purpose and
such period as he or she shall therein state. The Tax Commissioner may, subject to such
requirements and conditions as he or she may prescribe, thereupon release to designated
recipients such taxpayer's return or other particulars filed under the provisions of the tax
articles administered under the provisions of this article, but only to the extent necessary to
comply with a request for information or assistance made by the taxpayer to such other
person. However, return information shall not be disclosed to such person or persons if the Tax Commissioner determines that such disclosure would seriously impair administration of
this state's tax laws.
(e) Disclosure of returns and return information for use in criminal investigations. -
(1) In general. -- Except as provided in subdivision (3) of this subsection, any return
or return information with respect to any specified taxable period or periods shall, pursuant
to and upon the grant of an ex parte order by a federal district court judge, federal magistrate
or circuit court judge of this state, under subdivision (2) of this subsection, be open (but only
to the extent necessary as provided in such order) to inspection by, or disclosure to, officers
and employees of any federal agency, or of any agency of this state, who personally and
directly engaged in:
(A) Preparation for any judicial or administrative proceeding pertaining to the
enforcement of a specifically designated state or federal criminal statute to which this state,
the United States or such agency is or may be a party;
(B) Any investigation which may result in such a proceeding; or
(C) Any state or federal grand jury proceeding pertaining to enforcement of such a
criminal statute to which this state, the United States or such agency is or may be a party.
Such inspection or disclosure shall be solely for the use of such officers and employees in
such preparation, investigation or grand jury proceeding.
(2) Application of order. -- Any United States attorney, any special prosecutor
appointed under Section 593 of Title 28, United States Code, or any attorney in charge of a
United States justice department criminal division organized crime strike force established
pursuant to Section 510 of Title 28, United States Code, may authorize an application to a
circuit court judge or magistrate, as appropriate, for the order referred to in subdivision (1) of
this subsection. Any prosecuting attorney of this state may authorize an application to a
circuit court judge of this state for the order referred to in said subdivision. Upon the
application, the judge or magistrate may grant such order if he or she determines on the basis of the facts submitted by the applicant that:
(A) There is reasonable cause to believe, based upon information believed to be
reliable, that a specific criminal act has been committed;
(B) There is reasonable cause to believe that the return or return information is or may
be relevant to a matter relating to the commission of such act; and
(C) The return or return information is sought exclusively for use in a state or federal
criminal investigation or proceeding concerning such act and the information sought to be
disclosed cannot reasonably be obtained, under the circumstances, from another source.
(3) The Tax Commissioner may not disclose any return or return information under
subdivision (1) of this subsection if he or she determines and certifies to the court that the
disclosure would identify a confidential informant or seriously impair a civil or criminal tax
investigation.
(f) Disclosure to person having a material interest. -- The Tax Commissioner may,
pursuant to legislative regulations promulgated by him or her, and upon such terms as he or
she may require, disclose a return or return information to a person having a material interest
therein: Provided, That such disclosure shall only be made if the Tax Commissioner
determines, in his or her discretion, that the disclosure would not seriously impair
administration of this state's tax laws.
(g) Statistical use. -- This section shall not be construed to prohibit the publication or
release of statistics so classified as to prevent the identification of particular returns and the
items thereof.
(h) Disclosure of amount of outstanding lien. -- If notice of lien has been recorded
pursuant to section twelve of this article, the amount of the outstanding obligation secured by
such lien may be disclosed to any person who furnishes written evidence satisfactory to the
Tax Commissioner that such person has a right in the property subject to the lien or intends
to obtain a right in such property.
(i) Reciprocal exchange. -- The Tax Commissioner may, pursuant to written
agreement, permit the proper officer of the United States, or the District of Columbia or any
other state, or any political subdivision of this state, or his or her authorized representative,
who is charged by law with responsibility for administration of a similar tax, to inspect
reports, declarations or returns filed with the Tax Commissioner or may furnish to such officer
or representative a copy of any document, provided any other jurisdiction grants substantially
similar privileges to the Tax Commissioner or to the Attorney General of this state: Provided,
That pursuant to written agreement the Tax Commissioner may provide to the assessor of any
county, sheriff of any county, or the mayor of any West Virginia municipality the federal
employer identification number of any business being carried on within the jurisdiction of the
requesting assessor, sheriff or mayor. The disclosure shall be only for the purpose of, and
only to the extent necessary in, the administration of tax laws: Provided, That the information
may not be disclosed to the extent that the Tax Commissioner determines that such disclosure
would identify a confidential informant or seriously impair any civil or criminal tax
investigation.
(j) Exchange with municipalities. -- The Tax Commissioner shall, upon the written
request of the mayor or governing body of any West Virginia municipality, allow the duly
authorized agent of the municipality to inspect and make copies of the state business and
occupation tax return filed by taxpayers of the municipality and any other state tax returns
(including, but not limited to, consumers sales and services tax return information and health
care provider tax return information) as may be reasonably requested by the municipality.
Such inspection or copying shall include disclosure to the authorized agent of the municipality
for tax administration purposes of all available return information from files of the tax
department relating to taxpayers who transact business within the municipality. The Tax
Commissioner shall be permitted to inspect or make copies of any tax return and any return
information or other information related thereto in the possession of any municipality or its employees, officers, agents or representatives that has been submitted to or filed with the
municipality by any person for any tax including, but not limited to, the municipal business
and occupation tax, public utility tax, municipal license tax, tax on purchases of intoxicating
liquors, license tax on horse racing or dog racing and municipal amusement tax.
(k) Release of administrative decisions. -- The Tax Commissioner shall release to the
public his or her administrative decisions, or a summary thereof: Provided, That unless the
taxpayer appeals the administrative decision to circuit court or waives in writing his or her
rights to confidentiality, any identifying characteristics or facts about the taxpayer shall be
omitted or modified to an extent so as to not disclose the name or identity of the taxpayer.
(l) Release of taxpayer information. -- If the Tax Commissioner believes that
enforcement of the tax laws administered under this article will be facilitated and enhanced
thereby, he or she shall disclose, upon request, the names and address of persons:
(A) Who have a current business registration certificate.
(B) Who are licensed employment agencies.
(C) Who are licensed collection agencies.
(D) Who are licensed to sell drug paraphernalia.
(E) Who are distributors of gasoline or special fuel.
(F) Who are contractors.
(G) Who are transient vendors.
(H) Who are authorized by law to issue a sales or use tax exemption certificate.
(I) Who are required by law to collect sales or use taxes.
(J) Who are foreign vendors authorized to collect use tax.
(K) Whose business registration certificate has been suspended or canceled or not
renewed by the Tax Commissioner.
(L) Against whom a tax lien has been recorded under section twelve of this article
(including any particulars stated in the recorded lien).
(M) Against whom criminal warrants have been issued for a criminal violation of this
state's tax laws.
(N) Who have been convicted of a criminal violation of this state's tax laws.
(m) Disclosure of return information to child support enforcement division. --
(1) State return information. -- The Tax Commissioner may, upon written request,
disclose to the child support enforcement division created by article two, chapter forty-eight-a
of this code:
(A) Available return information from the master files of the tax department relating
to the Social Security account number, address, filing status, amounts and nature of income
and the number of dependents reported on any return filed by, or with respect to, any
individual with respect to whom child support obligations are sought to be enforced; and
(B) Available state return information reflected on any state return filed by, or with
respect to, any individual described in paragraph (A) of this subdivision relating to the amount
of the individual's gross income, but only if such information is not reasonably available from
any other source.
(2) Restrictions on disclosure. -- The Tax Commissioner shall disclose return
information under subdivision (1) of this subsection only for purposes of, and to the extent
necessary in, collecting child support obligations from and locating individuals owing such
obligations.
(n) Disclosure of names and addresses for purposes of jury selection. -- The Tax
Commissioner shall, at the written request of a circuit court or the chief judge thereof, provide
to the circuit court within thirty calendar days a list of the names and addresses of individuals
residing in the county or counties comprising the circuit who have filed a state personal
income tax return for the preceding tax year. The list provided shall set forth names and
addresses only. The request shall be limited to counties within the jurisdiction of the
requesting court.
The court, upon receiving the list or lists, shall direct the jury commission of the
appropriate county to merge the names and addresses with other lists used in compiling a
master list of residents of the county from which prospective jurors are to be chosen.
Immediately after the master list is compiled, the jury commission shall cause the list
provided by the Tax Commissioner and all copies thereof to be destroyed and shall certify to
the circuit court and to the Tax Commissioner that the lists have been destroyed.
(o) Disclosure of return information to Public Employees Insurance Agency. --
(1) The Tax Commissioner may, upon written request by the Finance Board of the
Public Employees Insurance Agency, disclose to the Finance Board, all available return
information from the master files of the tax department relating to the Social Security account
number, address, filing status, amounts and nature of income and the number of dependents
reported on any return filed by, or with respect to, any individual receiving coverage from the
Public Employees Insurance Agency. The Tax Commissioner may authorize disclosures
authorized by this subsection in the form of regular, automated exchanges.
(2) Restrictions on disclosure. -- The Tax Commissioner shall disclose return
information under subdivision (1) of this subsection only for purposes of, and to the extent
necessary in, establishing income for all family wage earners covered by the Public
Employees Insurance Agency to determine total income sliding scale premiums.
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-96. Dedication of personal income tax proceeds.
(a) There is hereby dedicated an annual amount of $45 million from annual
collections of the tax imposed by this article for payment of the unfunded liability of the
current workers compensation fund. No portion of this amount may be pledged for payment
of debt service on revenue bonds issued pursuant to article two-d, chapter twenty-three of this
code.
(b) Notwithstanding any other provision of this code to the contrary, beginning in January 2006, $45 million from collections of the tax imposed by this article shall be
deposited each calendar year to the credit of the old fund created in article two-c, chapter
twenty-three of this code, in accordance with the following schedule. Each calendar month,
except for July, August and September each year, $5 million shall be transferred, on or before
the twenty-eighth day of the month, to the workers' compensation debt reduction fund created
in article two-d, chapter twenty-three of this code.
(c) Expiration. The transfers required by this section shall continue to be made until
the Governor certifies to the Legislature that an independent actuary actuarial study
determined that the unfunded liability of the old fund, as defined in chapter twenty-three of
this code, has been paid or provided for in its entirety. Thereafter, the $45 million transferred
pursuant to this section to the credit of the old fund shall be transferred in accordance with the
same schedule into West Virginia Retiree Health Benefit Trust Fund, until the Governor
certifies to the Legislature that an independent actuarial study determined that the unfunded
liability of the West Virginia Retiree Health Benefit Trust Fund, as created in chapter five,
article sixteen-D, section two of this code has been provided for in its entirety. No transfer
pursuant to this section shall be made thereafter.
CHAPTER 11B. DEPARTMENT OF REVENUE.
ARTICLE 2. STATE BUDGET OFFICE.
§11B-2-20. Reduction of appropriations; powers of Governor; Revenue Shortfall
Reserve Fund and permissible expenditures therefrom uses thereof.
(a) Notwithstanding any provision of this section, the Governor may reduce
appropriations according to any of the methods set forth in sections twenty-one and
twenty-two of this article. The Governor may, in lieu of imposing a reduction in
appropriations, request an appropriation by the Legislature from the Revenue Shortfall
Reserve Fund established in this section.
(b) A Revenue Shortfall Reserve Fund is hereby continued within the State Treasury. The Revenue Shortfall Reserve Fund shall be funded as set forth in this subsection from
surplus revenues, if any, in the State Fund, General Revenue, as the surplus revenues may
accrue from time to time. Within sixty days of the end of each fiscal year, the secretary shall
cause to be deposited into the Revenue Shortfall Reserve Fund the first fifty percent of all
surplus revenues, if any, determined to have accrued during the fiscal year just ended. The
Revenue Shortfall Reserve Fund shall be funded continuously and on a revolving basis in
accordance with this subsection up to an aggregate amount not to exceed ten percent of the
total appropriations from the State Fund, General Revenue, for the fiscal year just ended. If
at the end of any fiscal year the Revenue Shortfall Reserve Fund is funded at an amount equal
to or exceeding ten percent of the State's General Revenue Fund budget for the fiscal year just
ended, then there shall be no further obligation of the secretary under the provisions of this
section to apply any surplus revenues as set forth in this subsection until that time the
Revenue Shortfall Reserve Fund balance is less than ten percent of the total appropriations
from the state fund, general revenue.
(c) Not earlier than November 1 of each calendar year, if the state's fiscal
circumstances are such as to otherwise trigger the authority of the Governor to reduce
appropriations under this section or section twenty-one or section twenty-two of this article,
then in that event the Governor may notify the presiding officers of both houses of the
Legislature in writing of his or her intention to convene the Legislature pursuant to section
nineteen, article VI of the Constitution of West Virginia for the purpose of requesting the
introduction of a supplementary appropriation bill or to request a supplementary appropriation
bill at the next preceding regular session of the Legislature to draw money from the surplus
Revenue Shortfall Reserve Fund to meet any anticipated revenue shortfall. If the Legislature
fails to enact a supplementary appropriation from the Revenue Shortfall Reserve Fund during
any special legislative session called for the purposes set forth in this section or during the
next preceding regular session of the Legislature, then the Governor may proceed with a reduction of appropriations pursuant to sections twenty-one and twenty-two of this article.
Should any amount drawn from the Revenue Shortfall Reserve Fund pursuant to an
appropriation made by the Legislature prove insufficient to address any anticipated shortfall,
then the Governor may also proceed with a reduction of appropriations pursuant to sections
twenty-one and twenty-two of this article.
(d) Upon the creation of the fund, the Legislature is authorized and may make an
appropriation from the Revenue Shortfall Reserve Fund for revenue shortfalls, for emergency
revenue needs caused by acts of God or natural disasters or for other fiscal needs as
determined solely by the Legislature.
(e) Prior to October 31, in any fiscal year in which revenues are inadequate to make
timely payments of the state's obligations, the Governor may by executive order, after first
notifying the presiding officers of both houses of the Legislature in writing, borrow funds
from the Revenue Shortfall Reserve Fund. The amount of funds borrowed under this
subsection shall not exceed one and one-half percent of the general revenue estimate for the
fiscal year in which the funds are to be borrowed, or the amount the Governor determines is
necessary to make timely payment of the state's obligations, whichever is less. Any funds
borrowed pursuant to this subsection shall be repaid, without interest, and redeposited to the
credit of the Revenue Shortfall Reserve Fund within ninety days of their withdrawal.
(f) There is hereby created in the State Treasury the 'Revenue Shortfall Reserve Fund
- Part B.' The Revenue Shortfall Reserve Fund - Part B shall consist of moneys transferred
from the West Virginia Tobacco Settlement Medical Trust Fund pursuant to the provisions
of section two, article eleven-a, chapter four of this code, repayments made of the loan from
the West Virginia Tobacco Settlement Medical Trust Fund to the physician's mutual insurance
company pursuant to the provisions of article twenty-f, chapter thirty-three of this code, and
all interest and other return earned on the moneys in the Revenue Shortfall Reserve Fund -
Part B. Moneys in the Revenue Shortfall Reserve Fund - Part B may be expended solely for the purposes set forth in subsection (d) of this section, subject to the following conditions:
(1) No moneys in the Revenue Shortfall Reserve Fund - Part B nor any interest or
other return earned thereon may be expended for any purpose unless all moneys in the
Revenue Shortfall Reserve Fund described in subsection (b) of this section have first been
expended, except that the interest or other return earned on moneys in the Revenue Shortfall
Reserve Fund - Part B may be expended as provided in subdivision (2) of this subsection; and
(2) Notwithstanding any other provision of this section to the contrary, the Legislature
may appropriate any interest and other return earned thereon that may accrue on the moneys
in the Revenue Shortfall Reserve Fund - Part B after June 30, 2025, for expenditure for the
purposes set forth in section three, article eleven-a, chapter four of this code; and
(3) Any appropriation made from Revenue Shortfall Reserve Fund - Part B shall be
made only in instances of revenue shortfalls or fiscal emergencies of an extraordinary nature.
(g) Subject to the conditions upon expenditures from the Revenue Shortfall Reserve
Fund - Part B prescribed in subsection (f) of this section, in appropriating moneys pursuant
to the provisions of this section, the Legislature may in any fiscal year appropriate from the
Revenue Shortfall Reserve Fund and the Revenue Shortfall Reserve Fund - Part B a total
amount up to, but not exceeding, ten percent of the total appropriations from the State Fund,
General Revenue, for the fiscal year just ended.
(h) (1) Of the moneys in the Revenue Shortfall Reserve Fund, $100 million, or such
greater amount as may be certified as necessary by the director of the budget for the purposes
of subsection (e) of this section, shall be made available to the West Virginia Board of
Treasury Investments for management and investment of the moneys in accordance with the
provisions of article six-c, chapter twelve of this code. All other moneys in the Revenue
Shortfall Reserve Fund shall be made available to the West Virginia Investment Management
Board for management and investment of the moneys in accordance with the provisions of
article six, chapter twelve of this code. Any balance of the Revenue Shortfall Reserve Fund including accrued interest and other return earned thereon at the end of any fiscal year shall
not revert to the general fund but shall remain in the Revenue Shortfall Reserve Fund for the
purposes set forth in this section.
(2) All of the moneys in the Revenue Shortfall Reserve Fund - Part B shall be made
available to the West Virginia Investment Management Board for management and
investment of the moneys in accordance with the provisions of article six, chapter twelve of
this code. Any balance of the Revenue Shortfall Reserve Fund - Part B, including accrued
interest and other return earned thereon at the end of any fiscal year, shall not revert to the
general fund but shall remain in the Revenue Shortfall Reserve Fund - Part B for the purposes
set forth in this section.
(i) Notwithstanding any provision of this section to the contrary, on August 1, 2011,
the Treasurer shall transfer into the West Virginia Retiree Health Benefit Trust Fund, as
created in section two, article sixteen-d, chapter five of this code, $250 million from the
balance of funds available in the Revenue Shortfall Reserve Fund - Part B to better capitalize
the trust fund.
CHAPTER 18. EDUCATION.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-24. Foundation allowance for public employees insurance fund.
(a) Beginning July 1, one thousand nine hundred ninety-five, and every year thereafter,
The allowance to the Public Employees Insurance Agency for school employees shall be made
in accordance with the following: The number of individuals employed by county boards of
education as professional educators pursuant to section four or five-a of this article, whichever
is less, plus the number of individuals employed by county boards of education as service
personnel pursuant to section five or five-a of this article, whichever is less, plus the number
of individuals employed by county boards as professional student support personnel pursuant
to section eight of this article, multiplied by the average premium rate for all county board of education employees established by the Public Employees Insurance Agency Finance Board.
The average premium rate for all county board of education employees shall be incorporated
into each financial plan developed by the finance board in accordance with section five, article
sixteen, chapter five of this code. Such The premiums shall include any proportionate share
of retirees subsidy established by the finance board and the difference, if any, between the
previous year's actual premium costs and the previous year's appropriation, if the actual cost
was greater than the appropriation. The amount of the allowance provided in this subsection
shall be paid directly to the West Virginia Public Employees Insurance Agency. Each county
board shall reflect its share of the payment as revenue on its financial statements to offset its
annual contractually required contribution expense.
(b) Notwithstanding any other provision of section six, article sixteen-d, chapter five
of this code to the contrary, any amount of annual contractually required contribution
allocated to and billed county boards on or after July 1, 2011, and any amount of the employer
annual required contribution allocated and billed to the county boards prior to that date for
employees who are employed as professional employees within the limits authorized by
section four of this article, employees who are employed as service personnel within the limits
authorized by section five of this article, and employees who are employed as professional
student support personnel within the limits authorized by section eight of this article, is a
liability of the state until fully paid: Provided, That nothing in this subsection requires any
specific level of funding by the Legislature in any particular year: Provided, however, That
assumption of liability pursuant to this section is not to be construed as creating an employer
employee relationship between the state of West Virginia and any employee currently under
the employ of a county board.
(b) (c) County boards of education shall be are responsible liable for payments to the
Public Employees Insurance Agency the annual contractually required contribution billed
county boards on or after July 1, 2011, and any amount of the employer annual required contribution allocated and billed to the county boards prior to that date for individuals who
are employed as professional employees above and beyond those authorized by section four
of this article, or five-a, whichever is less and individuals who are employed as service
personnel above and beyond those authorized by section five of this article and individuals
who are employed as professional student support personnel above and beyond those
authorized by section eight of this article. and five-a whichever is less For each such
employee, the county board of education shall forward to the Public Employees Insurance
Agency an amount equal to the average premium rate established by the finance board in
accordance with subsection (a) of this section: Provided, That the county board shall pay the
actual employer premium costs for any county board employee paid from special revenues,
federal or state grants, or sources other than state general revenue or county funds.
(c) (d) Prior to July 1, 1995, nothing in this article shall be construed to limit the
ability of county boards of education to use funds appropriated to county boards of education
pursuant to this article to pay employer premiums to the Public Employees Insurance Agency
for employees whose positions are funded pursuant to this article. Funds appropriated to
county boards of education pursuant to this article shall not be used to pay employer
premiums for employees of such boards whose positions are not, or will not be within twenty
months, funded by funds appropriated pursuant to this article."
On motion of Delegate White the Finance Committee amend was amended on page
five, section three, line seventeen, by striking out subsection (d) in its entirety and inserting
in lieu thereof the following:
"(d) The Director should make every effort to evaluate and administer programs to
improve quality, improve health status of members, develop innovative payment
methodologies, manage health care delivery costs, evaluate effective benefit designs, evaluate
cost sharing and benefit based programs, and adopt effective industry programs that can
manage the long term effectiveness and costs for the programs at the Public Employees Insurance Agency to include, but not be limited to:
(1) Increasing generic fill rates;
(2) Managing specialty pharmacy costs;
(3) Implementing and evaluating medical home models and health care delivery;
(4) Coordinating with providers, Medicaid and private insurance carriers to encourage
the establishment of cost effective accountable care organizations;
(5) Exploring and developing advanced payment methodologies for care delivery such
as case rates, capitation, and other potential risk sharing models and partial risk sharing
models for accountable care organizations and/or medical homes;
(6) Adopting in a timely manner measures identified by the Centers for Medicare and
Medicaid Services to reduce cost and enhance quality;
(7) Evaluating the expenditures to reduce excessive use of emergency room visits,
imaging services and other drivers of the agency's medical rate of inflation;
(8) Recommending cutting edge benefit designs to the Finance Board to drive behavior
and control costs for the plans;
(9) Implementing programs to encourage the use of the most efficient and high quality
providers by employees and retired employees;
(10) Identifying employees and retired employees who have multiple chronic illnesses
and initiating programs to coordinate the care of these patients;
(11) Initiating steps by the agency to limit or eliminate the payment by the agency for
treating hospital acquired infections; and
(12) Initiating steps by the agency to limit or eliminate the number of employees and
retired employees who are re-admitted to a hospital for the same diagnosis related group
illness within thirty days of being discharged by a hospital in this state or another state.
(e) On July 1, 2011, and every year thereafter until and including July 1, 2016, the
Director shall issue a progress report to the Joint Committee on Government and Finance on the implementation of the reforms in this section. The report shall include, but not be limited
to, the following:
(1) The status of implementation of accountable care organizations, medical homes,
including the number of employees or retired employees who are enrolled in accountable care
organizations or medical homes, the methodology used by the agency to reimburse
accountable care organizations, and any cost savings or cost increases or quality improvement
for employees or retired employees who use accountable care organizations or medical homes;
(2) The cost of implementing any of the reforms listed in this section and projected
cost savings and/or quality improvements from the implementation of these initiatives; and
(3) Any additional cost containment measures that he or she believes are warranted.",
and relettering the remaining subsection.
The Finance committee amendment, as amended, was then adopted.
The bill was then ordered to third reading.
H. B. 3272, Making supplementary appropriations to various agencies; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment,
of a concurrent resolution of the House of Delegates as follows:
H. C. R. 2, The "James Paul Harrison WWII Memorial Bridge",
H. C. R. 63, The "Alan B. Mollohan Gateway",
H. C. R. 70, Naming the bridge on US Route 220 in the city of Keyser the "Memorial
Bridge",
H. C. R. 74, The "Larkin Ours Memorial Bridge",
H. C. R. 75, Urging the Governor of Florida and the Florida State Senate Legislature not to repeal Florida's prescription tracking system,
H. C. R. 78, The "Sergeant Robert Dewey Thompson Memorial Bridge",
H. C. R. 79, The "PFC Abraham G. Sams Memorial Bridge",
H. C. R. 89, The "Ten Mile Creek Veteran's Memorial Bridge",
H. C. R. 101, The "PFC Ralph Lewis Boone Memorial Bridge",
H. C. R. 113, The "PFC Darrell Lee Cabell Memorial Highway",
And,
H. C. R. 117, The "Larry K. Conley Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment,
a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2013, Requiring the West Virginia Enhanced 911 Council to
propose Emergency Medical Dispatch procedures.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment,
a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2248, Expanding the list of federal law-enforcement officers
who are extended the authority of state and local law-enforcement officers to enforce the laws
of this state.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a
bill of the House of Delegates, as follows:
H. B. 2345, Changing the membership of the PEIA Financial Board.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page three, section four, line twenty-two, by striking out the word "Three" and inserting in lieu thereof the word "Five".
And,
By amending the title of the bill to read as follows:
H. B. 2345 - "A Bill to amend and reenact §5-16-4 of the Code of West Virginia,
1931, as amended, relating to increasing the board membership of the Public Employees
Insurance Agency Finance Board."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate
amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 344), and there
were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being
as follows:
Nays: Andes and Savilla.
Absent and Not Voting: Crosier, Romine and Snuffer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2345) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to
take effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2368, Relating to the practice of beauty care.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu
thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto
two new sections designated §30-27-8a and §30-27-11a, all to read as follows:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-8a. Barber apprentice.
(a) The board may establish an apprenticeship program to become a barber. A barber
apprentice shall work at all times under the direct supervision of a licensed barber and any
permit issued by the board to work as a barber apprentice does not allow a person to practice
individually as a barber.
(b) An applicant for a barber apprenticeship shall present satisfactory evidence that
he or she:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Has a high school diploma, a GED, or has passed the 'ability to benefit test'
approved by the United States Department of Education;
(4) Has paid the applicable fee;
(5) Has a certificate of health from a licensed physician;
(6) Is a citizen of the United States or is eligible for employment in the United States;
and
(7) Has fulfilled any other requirement specified by the board.
(c) An applicant for a sponsor of a barber apprentice shall present satisfactory evidence
that he or she:
(1) Is licensed as a barber under the provisions of this article;
(2) Has paid the applicable fee; and
(3) Has fulfilled any other requirement specified by the board.
(d) The board may propose emergency rules and rules for legislative approval, in
accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section, including:
(1) The requirements for:
(A) The barber apprenticeship program;
(B) The barber apprentice permit; and
(C) A licensed barber to sponsor a barber apprentice;
(2) Procedures for an examination;
(3) A fee schedule; and
(4) Any other rules necessary to effectuate the provisions of this section.
§30-27-11a. Shampoo assistant.
(a) The board may establish a shampoo assistant permit. A shampoo assistant shall
work at all times under the direct supervision of a licensed barber or cosmetologist and any
permit issued by the board to work as a shampoo assistant does not allow a person to practice
individually as a shampoo assistant.
(b) A shampoo assistant is only authorized to perform the following services:
(1) Shampooing and rinsing hair;
(2) Removing rollers or permanent rods; and
(3) Cleansing or other sink-related functions not requiring the skill of a licensee.
(c) An applicant for a shampoo assistant permit shall present satisfactory evidence that
he or she:
(1) Is at least sixteen years of age;
(2) Is of good moral character;
(3) Is in high school or has a high school diploma, a GED, or has passed the 'ability
to benefit test' approved by the United States Department of Education;
(4) Has paid the applicable fee;
(5) Has a certificate of health from a licensed physician;
(6) Is a citizen of the United States or is eligible for employment in the United States; and
(7) Has fulfilled any other requirement specified by the board.
(d) The board may propose rules for legislative approval, in accordance with the
provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of
this section, including:
(1) The requirements and procedures for a shampoo assistant permit:
(2) A fee schedule; and
(3) Any other rules necessary to effectuate the provisions of this section."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2368 - "A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto two new sections designated §30-27-8a and §30-27-11a, relating
to the Board of Barbers and Cosmetologists; authorizing the establishment of a barber
apprenticeship program and shampoo assistant permit; and rulemaking and emergency
rulemaking authority."
On motion of Delegate Boggs, the bill was laid over.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment,
a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2517, Allowing Correctional Industries to directly purchase
workers' compensation coverage for inmates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to
take effect from passage, a bill of the House of Delegates, as follows:
H. B. 2763, Prohibiting the Executive Director of Workforce West Virginia from
billing a reimbursable employer under the unemployment compensation law for overpaid amounts of benefits paid to a claimant.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page three, section eleven, line twenty-nine, after the word "Fund" by changing
the period to a colon and inserting the following proviso: Provided, That no employer shall
be entitled to any payment under this subdivision unless such employer has filed all requested
adequate separation information within the required time frame."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate
amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken Roll No. 345), and there
were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being
as follows:
Nays: Sigler.
Absent and Not Voting: Crosier, Romine and Snuffer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2763) passed.
Delegate Boggs moved that the bill take effect upon its passage.
On this question, the yeas and nays were taken (Roll No. 346), and there were--yeas
96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Howell.
Absent and Not Voting: Crosier, Romine and Snuffer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2763) takes effect upon its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a
bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2864, All relating to the creation of a misdemeanor crime of
unlawful restraint in the first and second degree.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu
thereof the following:
"ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-14g. Unlawful restraint; penalties.
(a) Any person who, without legal authority intentionally restrains another with the
intent that the other person not be allowed to leave the place of restraint and who does so by
physical force or by overt or implied threat of violence or by actual physical restraint but
without the intent to obtain any other concession or advantage as those terms are used in
section fourteen-a of this article is guilty of a misdemeanor and upon conviction shall be
confined in jail for not more than one year, fined not more than $1,000, or both.
(b) In any prosecution under this section, it is an affirmative defense that:
(1) The defendant acted reasonably and in good faith to protect the person from
imminent physical danger; or
(2) The person restrained was a child less than eighteen years old and that the actor
was a parent or legal guardian, or a person acting under authority granted by a parent or legal
guardian of such child, or by a teacher or other school personnel acting under authority
granted by section one, article five, chapter eighteen-a of this code, and that his or her sole
purpose was to assume control of such child.
(c) As used in this section to "restrain" means to restrict a persons movement without his or her consent.
(d) This section shall not apply to acts done by a law enforcement officer in the lawful
exercise of his or her duties.
§61-2-28. Domestic violence -- Criminal acts.
(a) Domestic battery. -- Any person who unlawfully and intentionally makes physical
contact of an insulting or provoking nature with his or her family or household member or
unlawfully and intentionally causes physical harm to his or her family or household member,
is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or
regional jail for not more than twelve months, or fined not more than five hundred dollars, or
both.
(b) Domestic assault. -- Any person who unlawfully attempts to commit a violent
injury against his or her family or household member or unlawfully commits an act which
places his or her family or household member in reasonable apprehension of immediately
receiving a violent injury, is guilty of a misdemeanor and, upon conviction thereof, shall be
confined in a county or regional jail for not more than six months, or fined not more than one
hundred dollars, or both.
(c) Second offense. -- Domestic assault or domestic battery.
A person convicted of a violation of subsection (a) of this section after having been
previously convicted of a violation of subsection (a) or (b) of this section, after having been
convicted of a violation of subsection (b) or (c), section nine of this article or subsection (a),
section fourteen-g of this article where the victim was his or her current or former spouse,
current or former sexual or intimate partner, person with whom the defendant has a child in
common, person with whom the defendant cohabits or has cohabited, a parent or guardian,
the defendant's child or ward or a member of the defendant's household at the time of the
offense or who has previously been granted a period of pretrial diversion pursuant to section
twenty-two, article eleven of this chapter for a violation of subsection (a) or (b) of this section, or a violation of subsection (b) or (c), section nine of this article or subsection (a), section
fourteen-g of this article where the victim was a current or former spouse, current or former
sexual or intimate partner, person with whom the defendant has a child in common, person
with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's
child or ward or a member of the defendant's household at the time of the offense is guilty of
a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for
not less than sixty days nor more than one year, or fined not more than one thousand dollars,
or both.
A person convicted of a violation of subsection (b) of this section after having been
previously convicted of a violation of subsection (a) or (b) of this section, after having been
convicted of a violation of subsection (b) or (c), section nine of this article or subsection (a),
section fourteen-g of this article where the victim was a current or former spouse, current or
former sexual or intimate partner, person with whom the defendant has a child in common,
person with whom the defendant cohabits or has cohabited, a parent or guardian, the
defendant's child or ward or a member of the defendant's household at the time of the offense
or having previously been granted a period of pretrial diversion pursuant to section twenty-
two, article eleven of this chapter for a violation of subsection (a) or (b) of this section or
subsection (b) or (c), section nine of this article or subsection (a), section fourteen-g of this
article where the victim was a current or former spouse, current or former sexual or intimate
partner, person with whom the defendant has a child in common, person with whom the
defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a
member of the defendant's household at the time of the offense shall be confined in a county
or regional jail for not less than thirty days nor more than six months, or fined not more than
five hundred dollars, or both.
(d) Any person who has been convicted of a third or subsequent violation of the
provisions of subsection (a) or (b) of this section, a third or subsequent violation of the provisions of section nine of this article or subsection (a), section fourteen-g of this article
where the victim was a current or former spouse, current or former sexual or intimate partner,
person with whom the defendant has a child in common, person with whom the defendant
cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of
the defendant's household at the time of the offense or who has previously been granted a
period of pretrial diversion pursuant to section twenty-two, article eleven of this chapter for
a violation of subsection (a) or (b) of this section or a violation of the provisions of section
nine of this article or subsection (a), section fourteen-g of this article in which the victim was
a current or former spouse, current or former sexual or intimate partner, person with whom
the defendant has a child in common, person with whom the defendant cohabits or has
cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's
household at the time of the offense, or any combination of convictions or diversions for these
offenses, is guilty of a felony if the offense occurs within ten years of a prior conviction of any
of these offenses and, upon conviction thereof, shall be confined in a state correctional facility
not less than one nor more than five years or fined not more than two thousand five hundred
dollars, or both.
(e) As used in this section, "family or household member" means "family or household
member" as defined in 48-27-204 of this code.
(f) A person charged with a violation of this section may not also be charged with a
violation of subsection (b) or (c), section nine of this article for the same act.
(g) No law-enforcement officer may be subject to any civil or criminal action for false
arrest or unlawful detention for effecting an arrest pursuant to this section or pursuant to 48-
27-1002 of this code."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2864 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §61-2-14g; and to amend and reenact
§61-2-28 of said code, all relating to the creation of the misdemeanor offense of unlawful
restraint; distinguishing the offense from that of kidnapping; defining restrain; providing for
affirmative defenses; and penalties."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate
amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 347), and there
were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as
follows:
Absent and Not Voting: Crosier, Romine and Snuffer.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2864) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment,
a bill of the House of Delegates as follows:
H. B. 2885, Allowing a guardian or conservator to be employed or in an employment
contract with a behavioral health provider.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the
amendment of the House of Delegates and requested the House to recede from its amendment
to
S. B. 331, Correcting invalid code reference in definition of "eligible taxpayer".
On motion of Delegate Boggs, the House of Delegates refused to recede from its
amendment and requested the Senate to agree to the appointment of a Committee of
Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the
following:
Delegates Manchin, Reynolds and Canterbury.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for
the day were granted Delegate Crosier.
Miscellaneous Business
Unanimous consent having been obtained, Delegates Armstead, Lane and Sobonya
each addressed the House concerning their amendments to S. B. 550, and at the conclusion
of their remarks, Delegate Duke asked and obtained unanimous consent that they be printed
in the Appendix to the Journal.
Delegate Hunt addressed the House concerning H. B. 2693, and at the conclusion of
his remarks, Delegate Hunt asked and obtained unanimous consent that they be printed in the
Appendix to the Journal.
At 6:52 p.m., the House of Delegates adjourned until 11:00 a.m., Saturday, March 12,
2011.