__________*__________
Monday, March 27, 2017
FORTY-EIGHTH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
??????????? The House of Delegates met at 11:00
a.m., and was called to order by the Honorable Tim Armstead, Speaker.
??????????? Prayer was offered and the House was
led in recitation of the Pledge of Allegiance.
??????????? The Clerk proceeded to read the
Journal of Saturday, March 25, 2017, being the first order of business, when
the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
??????????? Delegate Cowles announced that the
Committee on Rules had transferred Com. Sub. for H. B. 2561, Com. Sub. for H.
B. 2711, Com. Sub. for H. B. 2816, Com. Sub. for H. B. 2817 and Com. Sub. for
H. B. 2933, on Second Reading, Special Calendar to the foot of bills on Second
Reading, and Com. Sub. for S. B. 419, on Second reading, Special Calendar, to
the House Calendar.
Messages from the Senate
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
that the Senate had passed, without amendment, a bill of the House of Delegates
as follows:
??????????? Com.
Sub. for H. B. 2811, Relating to the definition of above ground storage
tanks.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 428 ? ?A
Bill to amend and reenact ?30-5-27 of the Code of West Virginia, 1931, as
amended, relating to partial filling of prescriptions; permitting partial
filling of prescriptions for controlled substances listed in Schedule II under
certain circumstances; setting conditions for partial filling of prescriptions
for controlled substances listed in Schedule II; permitting remaining portion
of prescription to be filled within thirty days of first partial filling;
setting forth steps to be followed if pharmacist is unable to fill remaining
portion of prescription; prohibiting further quantities from being supplied
beyond seventy-two hours in absence of new prescription; providing that
remaining portions of a partially filled prescription for controlled substances
listed in Schedule II may be filled in emergency situations; and defining ?emergency
situation???; which was referred to the Committee on Health and Human Resources
then the Judiciary.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? S. B. 433
? ?A Bill to amend and
reenact ?11-22-2 of the Code of West Virginia, 1931, as amended, relating to
permitting counties to increase the excise tax on the privilege of transferring
real property?; which was referred to the Committee on Finance.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate, to take effect July 1, 2017, and requested the
concurrence of the House of Delegates in the passage, of
??????????? Com. Sub. for S. B. 477 ? ?A
Bill to amend and reenact ?11-14C-5 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?11-15-18b of said code; to amend and reenact ?17A-2-13 of said code; 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-7-2 of said code; to
amend and reenact ?17A-10-3,
?17A-10-10 and ?17A-10-11 of said code; to amend said code
by adding thereto a new section, designated ?17A-10-3c; 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 ?17C-5A-2a of said code; and to amend and
reenact ?17D-2-2 of said code, all relating generally to increasing the funding
for the State Road Fund by increasing Division of Motor Vehicles administrative
fees and motor fuel excise taxes; changing the flat rate component of the motor
fuel excise tax from 20.5 cents to 25 cents per invoiced gallon of motor fuel
and on each gallon equivalent for alternative fuel; increasing the minimum
average wholesale price of motor fuels for purposes of the five percent
variable fuel tax as of specified date; deleting superfluous language relating
to floorstocks; increasing Division of Motor Vehicles administrative fees,
including increasing fees for various documents, records, registrations,
certificates, titles, liens, releases, transfers, cards, stickers, decals,
licenses and plates; requiring payment of certain fee for each attempt at the
written and road skills test; increasing said administrative Division of Motor
Vehicles fees every five years on September 1 based on the U. S. Department of
Labor, Bureau of Labor Statistics most current Consumer Price Index; imposing
annual registration fee for certain alternative fuel vehicles; and specifying
effective dates?; which was referred to the Committee on Finance.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 602 ? ?A
Bill to amend and reenact ?47-8-2 and ?47-8-3 of the Code of West Virginia,
1931, as amended, all relating to transferring responsibility for registering
and indexing of fictitious names used by sole proprietors?; which was referred
to the Committee on the Judiciary.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 622 ? ?A
Bill to amend and reenact ?11-10-12 of the Code of West Virginia, 1931, as
amended, relating generally to tax procedures and administration; requiring the
Tax Commissioner to issue a certificate of release of lien upon the expiration
of ten years from the date a tax, additions to the tax or penalties and
interest are due and payable; requiring a notice of lien to include the lien
expiration date; providing for additional circumstances when the Tax
Commissioner may withdraw tax liens; and providing for additional circumstances
when the Tax Commissioner may issue a certificate of release of lien?; which
was referred to the Committee on Finance.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? S. B. 658
? ?A Bill to amend and
reenact ?17A-3-12b of the
Code of West Virginia, 1931, as amended, relating to establishing a procedure
whereby mobile and manufactured homes may be retitled provided certain
conditions are met?; which was referred to the Committee on the Judiciary.
Special Calendar
Third Reading
??????????? Com. Sub. for H. B. 2004, Creating and maintaining a centralized
state vehicle inventory system; 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. 192), 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: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2004) passed.
??????????? On motion of Delegate Howell, the
title of the bill was amended to read as follows:
Com. Sub. for H. B. 2004 ? ?A Bill to repeal ?5A-3-49
of the Code of West Virginia, 1931, as amended; to amend and reenact ?5A-1-2 of said code; to amend and reenact
?5A-3-52 of said code; to amend
said code by adding thereto a new article, designated ?5A-12-1, ?5A-12-2, ?5A-12-3,
?5A-12-4, ?5A-12-5, ?5A-12-6, ?5A-12-7,
?5A-12-8, ?5A-12-9, ?5A-12-10 and ?5A-12-11;
to amend and reenact ?17A-3-23
of said code; to amend said code by adding thereto three new sections,
designated ?17A-3-25, ?17A-3-26 and ?17A-3-27; and to amend and reenact ?29B-1-4
of said code, all relating to creating and maintaining a centralized state
vehicle inventory system; establishing the Fleet Management Office within the Department
of Administration; creating
the State Vehicle Title, Registration and Relicensing Project of 2017;
requiring reporting by spending units utilizing state vehicles; providing the
new article?s scope and establishing exemptions; providing for new officers and
establishing their powers, duties and responsibilities; defining terms;
continuing the Fleet Management Office Fund; requiring the Fleet Management
Office to coordinate with other agencies; providing for annual reports of
vehicle use by spending units; requiring annual reports to the Governor and the
Joint Committee on Government and Finance; establishing operator requirements
and training; providing for enforcement and penalties; providing for notice;
requiring legislative compliance audits; providing a deadline date for the
expiration of current state vehicle license plates; creating new state vehicle
license plates; providing for notice to spending units regarding the expiration
of title, registrations and license plates; requiring a standardized naming
convention for the tile, registration and licensing of all state vehicles;
requiring annual renewal of the state vehicle registrations; providing
exemptions from reporting for certain undercover vehicles; and authorizing rule
making and emergency rule making.?
??????????? Delegate Cowles moved that the bill
take effect July 1, 2017.
??????????? On this question, the yeas and nays
were taken (Roll No. 193), 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: Gearheart.
??????????? 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. 2004) takes effect July 1, 2017.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? H.
B. 2548, Relating to
the use of outside speakers by persons licensed to manufacture, sell, possess
for sale, transport or distribute nonintoxicating beer; 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. 194), and there were--yeas
97, nays 2, absent and not voting 1, with the nays and absent and not voting being
as follows:
??????????? Nays: Kelly and Pyles.
??????????? Absent and Not Voting: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 2548) 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 H. B. 2763,
Relating to the approval by the Council for Community and Technical College
Education of acquisitions; 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. 195), and there were--yeas
97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Folk and McGeehan.
??????????? Absent and Not Voting: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2763) 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 H. B. 2799,
Prohibiting the superintendent of schools from requiring a physical examination
to be included to the application for a minor?s work permit; 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. 196), and there were--yeas
87, nays 12, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Ambler, Baldwin, Caputo, Eldridge, E.
Evans, Hamilton, Hartman, Iaquinta, Love, Lynch, Rowe and Williams.
??????????? Absent and Not Voting: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2799) 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 H. B. 2850,
Relating to product liability actions; 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. 197), and there were--yeas
65, nays 34, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Fleischauer,
Fluharty, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth, Love,
Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, Pushkin, Pyles, Robinson,
Rodighiero, Rowe, Sponaugle, Thompson, Walters and Williams.
??????????? Absent and Not Voting: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2850) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? H.
B. 2869, Providing for
paid leave for certain state officers and employees during a declared state of
emergency; 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. 198), 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: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 2869) 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 H. B. 2936,
Requiring competitive bidding for all state purchases of commodities, printing
and services; 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. 199), and there were--yeas
98, nays 1, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Bates.
??????????? Absent and Not Voting: Gearheart.
??????????? So, a majority of the members
present and voting 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 and request concurrence therein.
??????????? Com.
Sub. for H. B. 2939,
Relating to the sale of items in the State Police Academy post exchange to the public; 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. 200), 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: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2939) 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 H. B. 2966,
Creating the West Virginia Sentencing 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. 201), and there were--yeas
97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Folk and McGeehan.
??????????? Absent and Not Voting: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2966) 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 H. B. 3028,
Relating to the Comprehensive Substance Use Reduction Act; on third reading, coming up in
regular order, was read a third time.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 202), and there were--yeas
97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Folk and McGeehan.
??????????? Absent and Not Voting: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 3028) 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 H. B. 3096,
Relating to operation and regulation of certain water and sewer utilities owned
or operated by political subdivisions of the state; 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. 203), and there were--yeas
94, nays 5, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Folk, Love, Pushkin, Sponaugle
and Upson.
??????????? Absent and Not Voting: Gearheart.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 3096) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? H. B. 3108,
Relating to authorizing redirection of certain amounts to the General Revenue
Fund; on third reading, coming up in regular order, was reported by the Clerk.
??????????? At the request of Delegate Cowles, and by unanimous consent,
the bill was postponed one day.
Second Reading
??????????? Com.
Sub. for H. B. 2002, Relating to parental notification of abortions performed
on unemancipated minors; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
??????????? Com. Sub. for H. B. 2109, Relating to the West Virginia Land Reuse
Agency Authorization Act; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third
reading.
??????????? H. B. 2188,
Extending the length of time for the special Community-Based Pilot
Demonstration Project to Improve Outcomes for At-Risk Youth; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
??????????? Com. Sub. for H. B. 2196, Relating to the secondary schools
athletic commission; on second reading, coming up in regular order, was read a
second time.
??????????? Delegate Moye moved to amend the bill
on page three, section twenty-five, line forty-four, following the semi-colon,
by inserting the following:
??????????? ?(4) If the student is convicted of,
or found to have committed a felony or delinquent act which would have been a
felony if committed by an adult, regardless of whether adjudication is
withheld, the participation of the student in interscholastic extracurricular
activities is contingent on established and published district school board
policy? and a semicolon.
??????????? And,
??????????? By renumbering subsequent paragraphs
accordingly.
??????????? Delegate Hanshaw moved to amend the
amendment, by inserting after the word ?found?, the following:
??????????? ?by a court of competent
jurisdiction?.
??????????? Unanimous consent having been
obtained, Delegate Moye was then added as a cosponsor of the amendment to the
amendment offered by Delegate Hanshaw.
??????????? Delegate Moye asked unanimous
consent that the bill be advanced to third reading with the amendments pending,
which request was not granted, objection being heard.
Delegate
Moye then moved that the bill be advanced to third reading with the amendments
pending.
??????????? Delegate Moye subsequently withdrew
his motion.
Delegate
Cowles asked and obtained unanimous consent that the bill be placed at the foot
of bills on second reading.
??????????? Com.
Sub. for H. B. 2376, Relating to the organizational structure of state
government; on second reading, coming up in regular order, was read a second
time and ordered to engrossment and third reading.
??????????? Com.
Sub. for H. B. 2453,
Expanding the list of persons the Commissioner of Agriculture may license to grow or
cultivate industrial hemp; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
??????????? Com.
Sub. for H. B. 2520,
Prohibiting the use of a tanning device by a person under the age of eighteen;
on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
??????????? Com. Sub. for H. B. 2552, Increasing the pet food registration
fee and directing that the additional money be deposited into the West Virginia
Spay Neuter Assistance
Fund; on second reading, coming up in regular order, was read a second time.
??????????? On motion of Delegate Nelson, the
bill was amended on page one, section four, line one, by deleting the word ?All? and inserting in lieu thereof the
following:
??????????? ?Except as otherwise provided in
this article, all?.
The bill was ordered to engrossment and
third reading.
??????????? Com. Sub. for H. B. 2589, Permitting students who are
homeschooled or attend private schools to enroll and take classes at the
county?s vocational school; on second reading, coming up in regular order, was
read a second time.
??????????? An amendment, offered by Delegate Robinson, was reported by
the Clerk on page one, by striking out the enacting section 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
?18-5-15g; and to amend said code by adding thereto a new article, designated
?18-21A-1, ?18-21A-2, ?18-21A-3, ?18-21A-4, ?18-21A-5, ?18-21A-6 and ?18-21A-7, all to read as follows? followed by
a colon.
??????????? And,
On
page one, line four, following the period, by inserting a new article to read
as follows:
?ARTICLE 21A.
Career and TECHNICAL EDUCATION
PILOT PROGRAM for middle school students.
?18-21A-1. Short title.
This
article may be cited as the ?Middle School Technical Education Program Act? or the ?Middle School
STEP Act?.
?18-21A-2. Legislative findings.
(a)
Career and technical education prepares students to be both college and career
ready by providing core academic, technical and employability skills.
(b)
High-quality career and technical education programs not only ensure that
coursework is aligned with rigorous academic standards and post-secondary
expectations, but are built to address specific skills needed in certain career
pathways.
(c)
Eighty percent of students taking a college preparatory academic curriculum
with rigorous career and technical education courses met college and career
readiness goals, compared to only sixty-three percent of students taking the
same academic core who did not experience rigorous career and technical
education courses.
(d)
Furthermore, a 2008, study from American College Testing showed that if students are not
on target for college and career readiness by the end of eighth grade the
impact may be nearly irreversible. The level of academic achievement that
students attain by eighth grade has a larger impact on their college and career
readiness by the time they graduate from high school than any other academic
factor.
(e)
Given the importance of career and technical education programs in fostering
college and career readiness, and the determinative impact that eighth grade
achievement has on future academic and professional success, it is essential
that middle school students are informed about and prepared to take advantage
of career and technical education programs in their local communities.
?18-21A-3. Purpose.
The
purpose of the pilot program shall be to better prepare seventh and eighth
grade students to take advantage of West Virginia?s Career and Technical
Education programs and to improve students? college and career readiness prior
to high school.? For the purposes of this
article, ?middle school? means any school containing the seventh and eighth
grade levels.???
?18-21A-4. Organization of special
pilot program.
(a)
Funding. -- Participating middle schools shall use existing resources to
implement the pilot program.
(b)
Instructor Qualifications. -- Qualified instructors include, but are not
limited to, teachers, counselors and other middle school staff possessing a
post-secondary degree. Instructors are not required to obtain any additional
certification or license to instruct the course.? Nothing in this article or chapter eighteen-a
or this code prohibits principals or vice-principals, on a voluntary basis,
from participating in the program as a guest instructor or speaker.
(c)
Elective Course. -- The pilot program shall be a one semester elective course: Provided, That middle schools with
alternative scheduling systems may adapt the program to suit their scheduling
needs.
(d)
Local Partners. -- High schools, vocational schools, community colleges, public
universities and any other institute of higher learning that receives funding
from the State of West Virginia shall provide speakers to participating middle
schools upon the middle school?s request: Provided,
That the entity providing the speaker is located within fifty miles of the
requesting middle school.
?18-21A-5. Curriculum.
(a)
Guest Speakers. -- Course instructors shall schedule weekly guest speakers to
introduce students to a particular career and to prepare students to pursue the
featured career by providing relevant information on:
(1)
Education requirements;
(2)
Cost of education;
(3)
Availability
of education;
(4)
Average
salary;
(5)
Average
longevity; and
(6)
Transferability of skills.
Instructors
are encouraged to invite professionals excelling in fields where training is
available at the local career and technical education school.
(b)
On-Site Research. -- Instructors may organize field trips to visit local
employers, job fairs, high schools, vocational schools, community colleges,
technical schools, public and private universities and other post-secondary
academic institutions to introduce students to potential career paths via
on-site presentations and experiential learning.
(c)
Career Skills. -- The course shall include instruction on skill sets required to
discover and take advantage of employment opportunities, including, but not
limited to:
(1)
Performing a job search;
(2)
Developing a r?sum?;
(3)
Preparing for a job interview; and
(4)
Developing and deploying personal networks to find job opportunities.
(d)
Academic
Skills. -- The course shall include instruction on skill sets required to
discover and take advantage of educational opportunities, including, but not
limited to:
(1)
Researching admissions requirements for vocational schools, community colleges,
technical schools, public and private universities and other post-secondary
academic institutions;
(2)
Researching employment rates and average salaries for graduates of vocational
schools, community colleges, technical schools, public and private universities
and other post-secondary academic institutions;
(3)
Researching employment rates and average salaries for specific degrees,
certifications and majors from post-secondary academic institutions;
(4)
Researching state, federal and private scholarship and grant opportunities; and
(4)
Preparing a college or technical school application.
(e)
Personal Graduation Plan. ? For successful completion of the course, a student
shall create a ?Personal Graduation Plan? outlining his or her plan to become
employable following high school or post-secondary school.
?18-21A-6. Admission process for middle
schools.
(a)
Authority.
-- The state board shall establish guidelines for middle schools to submit a
request for the school?s admission in the pilot program and the state board may
admit middle schools into the pilot program.
(b)
Admissions.
-- Middle schools may volunteer to implement the program by submitting a
request to the state board and admission shall be on a first-come, first-serve
basis.
(c)
Minimum School Participation. ? It is the goal of the pilot program that a
minimum of ten middle schools participate each year during the pilot program?s
existence. If ten middle schools have not been admitted into the program by
July 1 preceding the academic year, the state board may solicit additional
middle schools to participate in the pilot program to meet the minimum
participation goal, but may not require the participation of any middle school.
?18-21A-7. Certification and monitoring.
(a) Certificate
of Completion. -- Students shall receive a West Virginia STEP Certificate
verifying their participation in the pilot program upon successful completion
of the course.
(b)
Monitoring. -- The state board shall report to the Legislative Oversight
Commission on Education Accountability each year on the graduation, post-secondary
participation, and to the extent practicable, job placement rates, in the
aggregate, of students that have received a West Virginia STEP Certificate
following successful completion of the pilot program.?
Delegate Espinosa arose to a point of
order as to the germaneness of the amendment.
??????????? To the point of order, the Speaker
replied that the purpose of the amendment went beyond the fundamental purpose
of the bill and ruled that the amendment was not germane.
??????????? The
bill was ordered to engrossment
and third reading.
??????????? Com. Sub. for H. B. 2654, Expanding county commissions? ability
to dispose of county or district property; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third
reading.
??????????? Com. Sub. for H. B. 2704, Prohibiting persons convicted of
sexual offenses against children with whom they hold positions of trust from
holding certification or license valid in public schools; on second reading,
coming up in regular order, was read a second time.
??????????? Delegate Marcum moved to amend the
bill on page two, section six, line eighteen, following the words ?section five?,
by inserting a comma and the following:
?or
under Chapter sixty-one, article three, section twenty for embezzlement of
$1,00.00 or more from the school?.
Delegate Espinosa arose to a point of
order as to the germaneness of the amendment.
Delegate
Espinosa then withdrew his point of order.
??????????? Delegate Marcum then asked and
obtained unanimous consent to offer a reformed amendment on page two, section six,
line eighteen, following the words ?section five?, by inserting a comma and the
following:
?or
under Chapter sixty-one, article three, section twenty for embezzlement of
$1,000.00 or more from the school?.
??????????? On the adoption of the amendment, Delegate
Marcum then demanded the yeas and nays, which demand was not sustained.
??????????? The reformed amendment offered by
Delegate Marcum was then rejected.
??????????? The bill was ordered to engrossment
and third reading.
??????????? Com. Sub. for H. B. 2720, Allowing
the School Building Authority
to transfer funds allocated into the School Construction Fund; on second
reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
??????????? Com. Sub. for H. B. 2771, Relating to temporary teaching certificates
for Armed Forces spouses;
on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
??????????? Com.
Sub. for H. B. 2776,
Creating of special revenue funding sources for the Division of Labor; on
second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
??????????? Com.
Sub. for H. B. 2781,
Requiring a person desiring to vote to present documentation identifying the voter
to one of the poll clerks; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
??????????? Com.
Sub. for H. B. 2794,
Relating to the means of giving notice to a debt collector of a consumer?s representation
by legal counsel; on second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
??????????? Com.
Sub. for H. B. 2804,
Removing chiropractors from the list of medical professions required to obtain
continuing education on mental health conditions common to veterans and family
members; on second reading, coming up in regular order, was read a second time.
??????????? Delegate Wilson moved to amend the
bill on page three, section one, line forty-six, following the word ?contrary?,
by striking out ?licensed to practice registered professional nursing or
licensed as an advanced nurse practitioner by the West Virginia Board of
Examiners for Registered Professional Nurses, each person licensed as a
licensed practical nurse by the West Virginia State Board of Examiners for
Licensed Practical Nurses?.
??????????? And,
??????????? On page three, section one, line fifty-seven,
following the word ?board? and the period, by striking out ?In cooperation with
the Secretary of the Department of Veterans' Assistance, the continuing education shall include training
on inquiring about whether the patients are veterans or family members of
veterans, and screening for conditions such as post-traumatic stress disorder,
risk of suicide, depression and grief and prevention of suicide.?
??????????? Delegate Wilson then asked and
obtained unanimous consent to withdraw the amendment.
??????????? The bill was ordered to engrossment
and third reading.
??????????? Com.
Sub. for H. B. 2815,
Relating to higher education governance; on second reading, coming up in regular
order, was read a second time.
??????????? At the request of Delegate Cowles, and by unanimous consent,
the bill was advanced to third reading with amendment pending and with
restricted right to amend jointly by Delegates Hanshaw and Robinson, and the
rule was suspended to permit the consideration of the amendment on that
reading.
??????????? H. B. 2878,
Increasing amount of authorized Federal Grant Anticipation Notes for which Division of Highways may apply;
on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
??????????? Com. Sub. for H. B. 2887,
Relating to retirement and separation incentives; on second reading, coming up
in regular order, was read a second time and ordered to engrossment and third
reading.
??????????? Com. Sub. for H. B. 2897, Raising the amount required for
competitive bidding of construction contracts by the state and its subdivisions;
on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
??????????? Com. Sub. for H. B. 2930, Allowing
powerball, hot lotto, and mega millions winners to remain anonymous; on second
reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
??????????? Com. Sub. for H. B. 2941, Requiring the Commissioner of the
Division of Highways to utilize the Attorney
General for all legal assistance and services; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third
reading.
??????????? Com. Sub. for H. B. 2961, Relating generally to charitable bingo
games and charitable raffles; on second reading, coming up in regular order,
was read a second time and ordered to engrossment and third reading.
??????????? H. B. 2962,
Enlarging the authority of the Tax Commissioner to perform background
investigations of employees and contractors; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third
reading.
??????????? H. B. 2963,
Eliminating tax lien waiver requirement for estates of nonresidents; on second
reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
??????????? H. B. 2967,
Relating generally to administration of estates and trusts; on second reading,
coming up in regular order, was read a second time and ordered to engrossment
and third reading.
??????????? Com. Sub. for H. B. 3006, Exempting certain contracts between
the Department of Health and Human Resources and West Virginia University or
Marshall University from state purchasing requirements; on second reading,
coming up in regular order, was read a second time and ordered to engrossment
and third reading.
??????????? H. B. 3022,
Relating to the reporting of fraud, misappropriation of moneys, and other
violations of law to the commission on special investigations; on second
reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
??????????? H. B. 3037,
Removing the Division of Energy as an independent agency; on second reading,
coming up in regular order, was read a second time and ordered to engrossment
and third reading.
??????????? Com. Sub. for H. B. 3048, Relating to collection of Tier II fees
for chemical inventories; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
??????????? H. B. 3088,
Relating generally to teacher-pupil ratios; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third
reading.
??????????? H. B. 3091,
Relating generally to employer withholding taxes; on second reading, coming up
in regular order, was read a second time and ordered to engrossment and third
reading.
??????????? Com. Sub. for H. B. 3095, Allowing
retired teachers to be employed by a higher education institution; on second
reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
??????????? Com. Sub. for H. B. 3102, Relating to selling Hopemont Hospital;
on second reading, coming up in regular order, was read a second time.
??????????? Delegates Sypolt and Lewis moved to
amend the bill on page one, section twenty-six, line nine, after the word, ?constructed?,
by inserting the words ?on the Hopemont property?.
??????????? On
the adoption of the amendment, Delegate
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 204),
and there were--yeas 46, nays 52, absent and not voting 2, with the yeas and
absent and not voting being as follows:
??????????? Yeas: Baldwin, Barrett, Bates,
Brewer, Byrd, Canestraro, Caputo, Criss, Dean, Diserio, A. Evans, Ferro, Fleischauer, Fluharty,
Folk, N. Foster, Hamilton, Hartman, Hornbuckle, Iaquinta, Isner, Lane, Lewis,
Longstreth, Love, Lovejoy, Martin, Maynard, McGeehan, Miley, Moye, Paynter,
Pethtel, Phillips, Pushkin, Pyles, Robinson, C. Romine, R. Romine, Rowe,
Sponaugle, Sypolt, Thompson, Wagner, Ward and Williams.
??????????? Absent and Not Voting: Arvon and Gearheart.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the amendment was rejected.
??????????? The bill was ordered to engrossment and
third reading.
??????????? At 1:27 p.m., on motion of Delegate Cowles, the House of
Delegates recessed until 4:00 p.m.
?*
* * * * * *
Evening Session
* * * * * * *
The House of Delegates was called to
order by the Honorable Tim Armstead,
Speaker.
Messages from the Senate
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 69 - ?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated ?61-11A-9,
relating to creating the Sexual Assault
Victims? Bill of Rights; declaring additional rights bestowed upon sexual
assault survivors regarding medical forensic examinations, sexual assault
evidence collection kits and other similar topics; clarifying the right of a
victim to be accompanied by a personal representative during certain
proceedings; requiring certain people be informed or notified of certain
rights; incorporating other rights contained in code; and defining terms?;
which was referred to the Committee on the Judiciary.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 167 - ?A Bill to amend and reenact ?15-2B-2, ?15-2B-5, ?15-2B-6 and
?15-2B-11 of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated ?15-9B-4, all relating to DNA testing generally; allowing the West
Virginia State Police Forensic Laboratory to use qualified outside entities for
DNA testing; clarifying
that the State Police shall attempt to contract with the Marshall University
Forensic Science Center for certain DNA
testing when outsourcing such testing; granting legislative and emergency
rule-making authority to the Sexual Assault
Forensic Examination Commission; directing the commission to promulgate time
frames for sample submission, sample testing and reporting of DNA testing results; expanding types of
testing the State Police Forensic Laboratory may outsource; authorizing
law-enforcement and correctional officers to use reasonable force to obtain DNA samples; creating presumption that DNA samples taken by law-enforcement and
corrections personnel are obtained in good faith; exempting law-enforcement and
correctional officers from civil and criminal liability; directing that
erroneously obtained DBA
sample to be removed from database and samples destroyed;? and clarifying that judicial expungement
proceeding proceed by petition?; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of Delegates
in the passage, of
??????????? Com. Sub. for S. B. 210 - ?A Bill to amend and reenact ?7-20-1, ?7-20-2, ?7-20-3,
?7-20-6, ?7-20-7, ?7-20-7a, ?7-20-14, ?7-20-15, ?7-20-16, ?7-20-23 and ?7-20-24
of the Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto twenty-seven new sections, designated ?7-20-25, ?7-20-26,
?7-20-27, ?7-20-28, ?7-20-29, ?7-20-30, ?7-20-31, ?7-20-32, ?7-20-33, ?7-20-34,
?7-20-35, ?7-20-36, ?7-20-37, ?7-20-38, ?7-20-39, ?7-20-40, ?7-20-41, ?7-20-42,
?7-20-43, ?7-20-44, ?7-20-45, ?7-20-46, ?7-20-47, ?7-20-48, ?7-20-49, ?7-20-50
and ?7-20-51; and to amend said code by adding thereto a new section,
designated ?31-15-16d, all relating to Local Powers Act; renaming short title the County
Local Powers Act; amending
its purpose and legislative findings; amending certain definitions and adding
definitions; amending criteria and requirements to implement and collect
certain fees; making technical corrections; amending authorization for county
commissions related to imposition of impact fees, services fees and other
taxes; providing for county commission review and permissive approval of impact
fees; amending use of proceeds from sale of bonds; adding payment sources for
bonds; allowing the reallocation of certain ad valorem property taxes after
ratification of constitutional amendment and procedures and requirements
related to reallocation of ad valorem property taxes; specifying effective
date; providing requirements and procedures concerning creation and
finalization of county road construction project plans and amendments thereto;
specifying public hearing and notice requirements and opportunity for public
comment; requiring consent; permitting joint road construction projects;
setting forth duties, authorities and jurisdiction of Commissioner of Highways;
authorizing intergovernmental agreements and setting forth requirements related
thereto; providing for the termination of road construction projects plan;
providing for application for approval of road construction project plans and
application content; providing for certification of road construction project;
providing rule-making authority; providing for acceptance into state road
system; qualifying road construction projects as public improvements; providing
for reporting by Commissioner of Highways; creating special revenue revolving
fund and for county subaccounts; providing for funding and expenditures from
account; authorizing West Virginia Economic Development Authority to issue revenue bonds and
refunding bonds; permitting cash-basis projects; setting forth requirements
concerning issuance, selling, execution and use of bonds; permitting trust
agreements; specifying that bonds and other obligations undertaken by the West
Virginia Economic Development Authority
do not constitute a debt or a pledge of the faith and credit or taxing power of
this state or of any county, municipality or any other political subdivision;
specifying that bonds are negotiable instruments; providing exemption from
taxation; waiving and exempting personal liability; providing that authority
for exercise of powers are cumulative and neither powers nor bonds are limited;
permitting cash-basis projects; providing for termination of special allocation
of property taxes; providing for excess fund deposit; specifying that powers
are supplemental; providing for severability; and providing authority and
requirements related to West Virginia Economic Development Authority, including authority to issue
bonds, limitations, payments, certification and return of unused funds?; which
was referred to the Committee on Finance.
??????????? Com. Sub. for S. B. 316 - ?A Bill to amend and reenact ?21A-6-1a of the Code of West Virginia,
1931, as amended, relating to seasonal employment in connection with
unemployment compensation benefits; establishing that seasonal employment shall
not be distinguishable from employment in general for unemployment compensation
benefits determination; and clarifying that seasonal employment has no bearing
on ability to file a claim for unemployment benefits provided other eligibility
requirements are satisfied?; which was referred to the Committee on Industry
and Labor then Finance.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 380 - ?A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated ?20-3-3a, relating to Cabwaylingo
State Forest; creating a pilot project permitting all-terrain or recreational
vehicles on designated roads and trails in Cabwaylingo State Forest; permitting
the director to designate roads, trails and campgrounds; permitting the
director to establish special season and permit; applying the ATV, UTV and Motorcycle Responsibility Act to the project; and requiring
Legislative Auditor to
review project and file report?; which was referred to the Committee on Agriculture and Natural Resources then
Government Organization.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 388 - ?A Bill to amend and reenact ?61-7-11a and ?61-7-14 of the
Code of West Virginia, 1931, as amended, all relating generally to dangerous
weapons; exempting persons other than provisional concealed handgun permitees
who are lawfully authorized to carry a concealed handgun to possess firearms on
school parking lots, driveways and other areas of vehicular ingress or egress;
creating safety storage requirements on such possession; clarifying persons who
may possess a firearm on property where such is otherwise prohibited when
acting in an official capacity; and correcting internal statutory references?;
which was referred to the Committee on the Judiciary.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 412 - ?A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated ?5-22-4; and to amend and reenact
?21-1C-5 of said code, all relating to prohibiting a governmental entity, which
requires certain private companies to submit any document that includes records
of actual wages paid to employees, from disclosing such document or information
contained therein to any other entity or person; providing that any such
document containing records of actual wages paid to employees shall be deemed
confidential and proprietary and shall not be considered a public record;
defining ?governmental entity?; providing that any document containing records
of actual wages paid to employees that is filed or submitted pursuant to the
West Virginia Jobs Act
shall not be disclosed by the Division of Labor or a public authority to any
other entity or person; and providing that any document submitted or filed
pursuant to the West Virginia Jobs Act
that includes records of actual wages paid to employees or information
contained therein shall be deemed confidential and proprietary and shall not be
considered a public record?; which was referred to the Committee on Government
Organization.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 437 ? ?A Bill to amend and reenact ?19-23-3, ?19-23-7, ?19-23-10,
?19-23-12b, ?19-23-13 and ?19-23-13c of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated
?19-23-10a; to amend and reenact ?29-22-18a of said code; to amend and reenact
?29-22A-3, ?29-22A-7, ?29-22A-10, ?29-22A-10b, ?29-22A-10d, ?29-22A-10e and ?29-22A-12 of said code; and to amend and
reenact ?29-22C-3, ?29-22C-8, ?29-22C-10, ?29-22C-27 and ?29-22C-27a of said
code, all relating generally to horse and dog racing lottery; modifying certain
definitions; discontinuing the West Virginia Racing Commission special account
known as the West Virginia Greyhound Breeding Development Fund; transferring
all moneys in the West Virginia Greyhound Breeding Development Fund to the
State Excess Lottery Revenue Fund for appropriation by the Legislature; requiring
that upon transfer of moneys from the West Virginia Greyhound Breeding
Development Fund to the State Excess Lottery Revenue Fund, a certain amount be
withheld and deposited in the special account known as the Administration, Promotion, Education,
Capital Improvement and Greyhound Adoption
Programs to include Spaying and Neutering Account; requiring that all moneys previously required to be
directed to the West Virginia Greyhound Breeding Development Fund be redirected
to the State Excess Lottery Revenue Fund for appropriation by the Legislature;
requiring that all moneys previously required to be directed into any fund or
paid for the purpose of funding purses, awards or providing any other funding
for greyhound races be redirected to the State Excess Lottery Revenue Fund for
appropriation by the Legislature; eliminating the requirement that an applicant
for a dog racing license race a minimum number of dates to qualify for such
license; eliminating the requirement that an applicant for a dog racing license
race a minimum number of dates to contract to receive telecasts and accept
wagers; providing that a dog racetrack is required to hold a racing license to
conduct simulcast racing regardless of whether the racetrack continues to
conduct live dog racing; authorizing the West Virginia Racing Commission to
promulgate rules, including emergency rules, regarding licensure of dog
racetracks conducting only simulcast racing; eliminating the requirement that a
video lottery licensee at a dog track must hold a racing license to renew a
video lottery license or racetrack table games license; requiring the Lottery
Commission to transfer a percentage of gross terminal revenue derived from
racetrack video lottery at thoroughbred racetracks, and deducted for administrative
costs and expenses, to the Racing Commission?s General Administrative Account; eliminating the requirement that
an applicant for a video lottery license or license renewal at a dog racetrack
must provide evidence of the existence of an agreement regarding proceeds from
video lottery terminals with certain parties; providing that a percentage of
net terminal income originating at dog racetracks will be deposited in the
State Excess Lottery Revenue Fund; providing that a percentage of net terminal
income originating at thoroughbred racetracks will be deposited in the West
Virginia Thoroughbred Development Fund; permitting a dog racetrack to continue
to operate operational video lottery and racetrack table games in a location
where live racing was previously conducted or in an alternate location within
the county as approved by the Lottery Commission; and eliminating the
requirement that a racetrack table games licensee at a dog racetrack must race
a minimum number of dates.?
??????????? At the respective requests of Delegate Cowles, and by
unanimous consent, reference of the bill (Com. Sub. for S. B. 347) to a
committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
?A
message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 453 - ?A Bill to amend and reenact ?15-2-5 of the Code of West
Virginia, 1931, as amended, relating to adding the classification and base
salaries of certain civilian employees of the West Virginia State Police
Forensic Laboratory as evidence technicians, forensic technicians, forensic
analysts and forensic analysts supervisors?; which was referred to the
Committee on Finance.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of Delegates
in the passage, of
??????????? S. B. 493 -
?A Bill to amend and
reenact ?20-7-1a and ?20-7-1c of the Code of West Virginia, 1931, as amended,
all relating to providing an increase in compensation for conservation
officers?; which was referred to the Committee on Agriculture and Natural Resources then
Finance.
Special Calendar
Second Reading
-continued-
??????????? H.
B. 3107, Relating
generally to horse and dog racing lottery; on second reading, coming up in regular
order, was read a second time.
??????????? At the request of Delegate Cowles, and by unanimous consent,
the bill was advanced to third reading with amendments pending and the rule was
suspended to permit the consideration of the amendments on that reading.
??????????? H.
B. 3109, Relating to establishing a Board of Nursing and Health Services; on second reading, coming up in regular
order, was read a second time.
??????????? At the request of Delegate Cowles, and by unanimous consent,
the bill was advanced to third reading with amendments pending and the rule was
suspended to permit the consideration of the amendments on that reading.
Com. Sub. for H. B. 2561, Relating to public school support; on second reading, coming up in regular order, was read a
second time.
??????????? Delegate Moye moved to amend the
bill on page ten, section seven, line forty-three, following the words ?school
year?, by inserting ?in which funds have not been diverted pursuant to this
subdivision in the two prior fiscal years? and a comma.
??????????? On
the adoption of the amendment, Delegate
??????????? The
yeas and nays having been ordered, they were taken (Roll No. 205), and there were--yeas 37, nays 60, absent and not
voting 3, with the yeas and absent and not voting being as follows:
??????????? Yeas:
Baldwin, Bates, Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E.
Evans, Ferro, Fleischauer, Fluharty, Hartman, Hicks, Hornbuckle, Iaquinta,
Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye,
Pethtel, Phillips, Pushkin, Pyles, Robinson, Rodighiero, Rohrbach, Rowe,
Sponaugle, Thompson and Williams.
??????????? Absent and Not Voting: Deem, Gearheart and Ward.
??????????? So,
a majority of the members present and voting not having voted in the affirmative,
the amendment was rejected.
??????????? The
bill was ordered to engrossment and third reading.
Com.
Sub. for H. B. 2711, Abolishing regional educational service
agencies and providing for the transfer of property and records; on second
reading, coming up in regular order, was read a second time.
??????????? Delegates Sponaugle and Rowe moved
to amend the bill on page two, by striking out the enacting section and
inserting new enacting section, to read as follows:
?That ?18-2-26a of the Code of West Virginia,
1931, as amended, be repealed; that ?18-2-26 of said code be amended and
reenacted; that ?18-2E-5 of said code be amended and reenacted; that ?18-5-13
and ?18-5-45 of said code be amended and reenacted; that said code be further
amended by adding thereto two new sections designated, ?18-5-13b and ?18-5-13c;
that ?18-9A-8a of said code be amended and reenacted; and that ?18A-4-2,
?18A-4-8a, and ?18A-4-14 of said code be amended and reenacted,
all to read as follows? followed by a colon.
??????????? And,
On
page fifty, following ?18-9A-8a,
by inserting the following:
??18A-4-2. State minimum
salaries for teachers.
(a)
It is the goal of the Legislature to increase the state minimum salary for
teachers with zero years of experience and an A. B. degree, including the equity supplement, to at
least $43,000 by fiscal year 2019.
(b)
Beginning July 1, 2014, and continuing thereafter, each teacher shall receive
the amount prescribed in the State Minimum Salary Schedule as set forth in this
section, specific additional amounts prescribed in this section or article and
any county supplement in effect in a county pursuant to section five-a of this
article during the contract year.
|
STATE MINIMUM SALARY SCHEDULE |
|||||||||||
|
Years |
4th |
3rd |
2nd |
|
A.B. |
|
M.A. |
M.A. |
M.A. |
Doc- |
|
|
Exp. |
Class |
Class |
Class |
A.B. |
+15 |
M.A. |
+15 |
+30 |
+45 |
torate |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0 |
27,917 |
28,606 |
28,872 |
30,315 |
31,076 |
32,843 |
33,604 |
34,365 |
35,126 |
36,161 |
|
|
1 |
28,245 |
28,934 |
29,200 |
30,833 |
31,594 |
33,362 |
34,123 |
34,883 |
35,644 |
36,679 |
|
|
2 |
28,574 |
29,262 |
29,528 |
31,352 |
32,113 |
33,880 |
34,641 |
35,402 |
36,163 |
37,198 |
|
|
3 |
28,902 |
29,590 |
29,856 |
31,871 |
32,631 |
34,399 |
35,160 |
35,920 |
36,681 |
37,716 |
|
|
4 |
29,474 |
30,162 |
30,428 |
32,633 |
33,394 |
35,162 |
35,923 |
36,683 |
37,444 |
38,479 |
|
|
5 |
29,802 |
30,490 |
30,756 |
33,152 |
33,913 |
35,680 |
36,441 |
37,202 |
37,963 |
38,998 |
|
|
6 |
30,130 |
30,818 |
31,084 |
33,670 |
34,431 |
36,199 |
36,960 |
37,720 |
38,481 |
39,516 |
|
|
7 |
30,458 |
31,147 |
31,412 |
34,189 |
34,950 |
36,717 |
37,478 |
38,239 |
39,000 |
40,035 |
|
|
8 |
30,786 |
31,475 |
31,741 |
34,707 |
35,468 |
37,236 |
37,997 |
38,757 |
39,518 |
40,553 |
|
|
9 |
31,114 |
31,803 |
32,069 |
35,226 |
35,987 |
37,754 |
38,515 |
39,276 |
40,037 |
41,072 |
|
|
10 |
31,443 |
32,131 |
32,397 |
35,746 |
36,506 |
38,274 |
39,035 |
39,796 |
40,556 |
41,591 |
|
|
11 |
31,771 |
32,459 |
32,725 |
36,264 |
37,025 |
38,793 |
39,553 |
40,314 |
41,075 |
42,110 |
|
|
12 |
32,099 |
32,787 |
33,053 |
36,783 |
37,543 |
39,311 |
40,072 |
40,833 |
41,593 |
42,628 |
|
|
13 |
32,427 |
33,115 |
33,381 |
37,301 |
38,062 |
39,830 |
40,590 |
41,351 |
42,112 |
43,147 |
|
|
14 |
32,755 |
33,443 |
33,709 |
37,820 |
38,580 |
40,348 |
41,109 |
41,870 |
42,630 |
43,665 |
|
|
15 |
33,083 |
33,771 |
34,037 |
38,338 |
39,099 |
40,867 |
41,627 |
42,388 |
43,149 |
44,184 |
|
|
16 |
33,411 |
34,099 |
34,365 |
38,857 |
39,617 |
41,385 |
42,146 |
42,907 |
43,667 |
44,702 |
|
|
17 |
33,739 |
34,428 |
34,693 |
39,375 |
40,136 |
41,904 |
42,665 |
43,425 |
44,186 |
45,221 |
|
|
18 |
34,067 |
34,756 |
35,022 |
39,894 |
40,655 |
42,422 |
43,183 |
43,944 |
44,705 |
45,740 |
|
|
19 |
34,395 |
35,084 |
35,350 |
40,412 |
41,173 |
42,941 |
43,702 |
44,462 |
45,223 |
46,258 |
|
|
20 |
34,723 |
35,412 |
35,678 |
40,931 |
41,692 |
43,459 |
44,220 |
44,981 |
45,742 |
46,777 |
|
|
21 |
35,052 |
35,740 |
36,006 |
41,449 |
42,210 |
43,978 |
44,739 |
45,499 |
46,260 |
47,295 |
|
|
22 |
35,380 |
36,068 |
36,334 |
41,968 |
42,729 |
44,496 |
45,257 |
46,018 |
46,779 |
47,814 |
|
|
23 |
35,708 |
36,396 |
36,662 |
42,487 |
43,247 |
45,015 |
45,776 |
46,536 |
47,297 |
48,332 |
|
|
24 |
36,036 |
36,724 |
36,990 |
43,005 |
43,766 |
45,534 |
46,294 |
47,055 |
47,816 |
48,851 |
|
|
25 |
36,364 |
37,052 |
37,318 |
43,524 |
44,284 |
46,052 |
46,813 |
47,574 |
48,334 |
49,369 |
|
|
26 |
36,692 |
37,380 |
37,646 |
44,042 |
44,803 |
46,571 |
47,331 |
48,092 |
48,853 |
49,888 |
|
|
27 |
37,020 |
37,708 |
37,974 |
44,561 |
45,321 |
47,089 |
47,850 |
48,611 |
49,371 |
50,406 |
|
|
28 |
37,348 |
38,037 |
38,302 |
45,079 |
45,840 |
47,608 |
48,368 |
49,129 |
49,890 |
50,925 |
|
|
29 |
37,676 |
38,365 |
38,631 |
45,598 |
46,358 |
48,126 |
48,887 |
49,648 |
50,408 |
51,443 |
|
|
30 |
38,004 |
38,693 |
38,959 |
46,116 |
46,877 |
48,645 |
49,405 |
50,166 |
50,927 |
51,962 |
|
|
31 |
38,333 |
39,021 |
39,287 |
46,635 |
47,396 |
49,163 |
49,924 |
50,685 |
51,445 |
52,480 |
|
|
32 |
38,661 |
39,349 |
39,615 |
47,153 |
47,914 |
49,682 |
50,443 |
51,203 |
51,964 |
52,999 |
|
|
33 |
38,989 |
39,677 |
39,943 |
47,672 |
48,433 |
50,200 |
50,961 |
51,722 |
52,483 |
53,518 |
|
|
34 |
39,317 |
40,005 |
40,271 |
48,190 |
48,951 |
50,719 |
51,480 |
52,240 |
53,001 |
54,036 |
|
|
35 |
39,645 |
40,333 |
40,599 |
48,709 |
49,470 |
51,237 |
51,998 |
52,759 |
53,520 |
54,555 |
|
(c)
(1) Eight hundred and eight dollars shall be paid annually to each classroom
teacher, effective July 1, 2017.
(2) Six hundred dollars shall
be paid annually to each classroom teacher who has at least twenty years of
teaching experience.
(3) The payments required
by subdivisions (1) and (2) of this subsection: (i) (A) Shall be in addition to
any amounts prescribed in the applicable State Minimum Salary Schedule; (ii)
(B) shall be paid in equal monthly installments; and (iii) (C)
shall be considered a part of the state minimum salaries for teachers.
(d)
To meet the objective of salary equity among the counties as set forth in
section five of this article, each teacher shall be paid an equity supplement
amount as applicable for his or her classification of certification or
classification of training and years of experience as follows, subject to the
provisions of that section:
(1)
For ?4th Class? at zero years of experience, $1,781. An additional $38 shall be
paid for each year of experience up to and including thirty-five years of
experience;
(2)
For ?3rd Class? at zero years of experience, $1,796. An additional $67 shall be
paid for each year of experience up to and including thirty-five years of
experience;
(3)
For ?2nd Class? at zero years of experience, $1,877. An additional $69 shall be
paid for each year of experience up to and including thirty-five years of
experience;
(4)
For ?A. B.? at
zero years of experience, $2,360. An additional $69 shall be paid for each year of
experience up to and including thirty-five years of experience;
(5)
For ?A. B. +
15? at zero years of experience, $2,452. An additional $69 shall be paid for each year of
experience up to and including thirty-five years of experience;
(6)
For ?M. A.? at
zero years of experience, $2,644. An additional $69 shall be paid for each year of
experience up to and including thirty-five years of experience;
(7)
For ?M. A. +
15? at zero years of experience, $2,740. An additional $69 shall be paid for each year of
experience up to and including thirty-five years of experience;
(8)
For ?M. A. +
30? at zero years of experience, $2,836. An additional $69 shall be paid for each year of
experience up to and including thirty-five years of experience;
(9)
For ?M. A. +
45? at zero years of experience, $2,836. An additional $69 shall be paid for each year of
experience up to and including thirty-five years of experience; and
(10)
For ?Doctorate? at zero years of experience, $2,927. An additional $69 shall be
paid for each year of experience up to and including thirty-five years of
experience.
These
payments: (i) Shall be in addition to any amounts prescribed in the applicable
State Minimum Salary Schedule, any specific additional amounts prescribed in
this section and article and any county supplement in effect in a county
pursuant to section five-a of this article; (ii) shall be paid in equal monthly
installments; and (iii) shall be considered a part of the state minimum
salaries for teachers.
?18A‑4‑8a. Service personnel minimum monthly
salaries.
(a) The minimum monthly pay for each service employee shall be as
follows:
(1) Beginning July 1, 2014, and continuing thereafter, the minimum
monthly pay for each service employee whose employment is for a period of more
than three and one‑half hours a day shall be at least the amounts
indicated in the State Minimum Pay Scale Pay Grade and the minimum monthly pay
for each service employee whose employment is for a period of three and one‑half
hours or less a day shall be at least one-half the amount indicated in the
State Minimum Pay Scale Pay Grade set forth in this subdivision.
STATE MINIMUM PAY SCALE PAY GRADE
Years??
Exp.???????????????? Pay Grade
|
|
A |
B |
C |
D |
E |
F |
G |
H |
|
0 |
1,660 |
1,681 |
1,723 |
1,776 |
1,829 |
1,892 |
1,924 |
1,997 |
|
1 |
1,692 |
1,714 |
1,755 |
1,808 |
1,862 |
1,925 |
1,956 |
2,030 |
|
2 |
1,725 |
1,746 |
1,788 |
1,841 |
1,894 |
1,957 |
1,989 |
2,062 |
|
3 |
1,757 |
1,779 |
1,821 |
1,874 |
1,927 |
1,990 |
2,022 |
2,095 |
|
4 |
1,790 |
1,812 |
1,853 |
1,906 |
1,959 |
2,023 |
2,054 |
2,129 |
|
5 |
1,823 |
1,844 |
1,886 |
1,939 |
1,992 |
2,055 |
2,087 |
2,161 |
|
6 |
1,855 |
1,877 |
1,920 |
1,972 |
2,025 |
2,088 |
2,120 |
2,194 |
|
7 |
1,889 |
1,909 |
1,952 |
2,004 |
2,057 |
2,121 |
2,152 |
2,227 |
|
8 |
1,922 |
1,942 |
1,985 |
2,037 |
2,090 |
2,153 |
2,185 |
2,259 |
|
9 |
1,954 |
1,975 |
2,018 |
2,071 |
2,123 |
2,186 |
2,217 |
2,292 |
|
10 |
1,987 |
2,008 |
2,050 |
2,103 |
2,155 |
2,220 |
2,251 |
2,325 |
|
11 |
2,020 |
2,041 |
2,083 |
2,136 |
2,188 |
2,252 |
2,284 |
2,357 |
|
12 |
2,052 |
2,074 |
2,115 |
2,169 |
2,222 |
2,285 |
2,316 |
2,390 |
|
13 |
2,085 |
2,106 |
2,148 |
2,201 |
2,254 |
2,317 |
2,349 |
2,423 |
|
14 |
2,118 |
2,139 |
2,181 |
2,234 |
2,287 |
2,350 |
2,382 |
2,455 |
|
15 |
2,150 |
2,172 |
2,213 |
2,266 |
2,319 |
2,383 |
2,414 |
2,488 |
|
16 |
2,183 |
2,204 |
2,246 |
2,299 |
2,352 |
2,415 |
2,447 |
2,521 |
|
17 |
2,215 |
2,237 |
2,280 |
2,332 |
2,385 |
2,448 |
2,480 |
2,554 |
|
18 |
2,248 |
2,270 |
2,312 |
2,364 |
2,417 |
2,481 |
2,512 |
2,587 |
|
19 |
2,282 |
2,302 |
2,345 |
2,397 |
2,450 |
2,513 |
2,545 |
2,619 |
|
20 |
2,314 |
2,335 |
2,378 |
2,431 |
2,483 |
2,546 |
2,578 |
2,653 |
|
21 |
2,347 |
2,367 |
2,410 |
2,463 |
2,515 |
2,579 |
2,610 |
2,687 |
|
22 |
2,380 |
2,401 |
2,443 |
2,496 |
2,548 |
2,612 |
2,644 |
2,719 |
|
23 |
2,412 |
2,434 |
2,476 |
2,529 |
2,582 |
2,646 |
2,678 |
2,753 |
|
24 |
2,445 |
2,466 |
2,508 |
2,561 |
2,614 |
2,680 |
2,711 |
2,787 |
|
25 |
2,478 |
2,499 |
2,541 |
2,594 |
2,648 |
2,712 |
2,745 |
2,819 |
|
26 |
2,510 |
2,532 |
2,573 |
2,628 |
2,682 |
2,746 |
2,777 |
2,853 |
|
27 |
2,543 |
2,564 |
2,606 |
2,660 |
2,714 |
2,778 |
2,811 |
2,886 |
|
28 |
2,576 |
2,597 |
2,640 |
2,694 |
2,748 |
2,812 |
2,845 |
2,920 |
|
29 |
2,608 |
2,631 |
2,673 |
2,726 |
2,781 |
2,846 |
2,877 |
2,954 |
|
30 |
2,642 |
2,663 |
2,707 |
2,760 |
2,814 |
2,878 |
2,911 |
2,987 |
|
31 |
2,675 |
2,697 |
2,741 |
2,794 |
2,848 |
2,912 |
2,945 |
3,020 |
|
32 |
2,709 |
2,730 |
2,773 |
2,827 |
2,880 |
2,946 |
2,977 |
3,054 |
|
33 |
2,743 |
2,763 |
2,807 |
2,861 |
2,914 |
2,978 |
3,011 |
3,087 |
|
34 |
2,775 |
2,797 |
2,841 |
2,895 |
2,948 |
3,012 |
3,045 |
3,120 |
|
35 |
2,809 |
2,831 |
2,873 |
2,927 |
2,980 |
3,046 |
3,078 |
3,154 |
|
36 |
2,843 |
2,864 |
2,907 |
2,961 |
3,015 |
3,079 |
3,112 |
3,186 |
|
37 |
2,875 |
2,898 |
2,941 |
2,995 |
3,049 |
3,113 |
3,145 |
3,220 |
|
38 |
2,909 |
2,930 |
2,973 |
3,027 |
3,081 |
3,146 |
3,178 |
3,254 |
|
39 |
2,943 |
2,964 |
3,007 |
3,061 |
3,115 |
3,179 |
3,212 |
3,286 |
|
40 |
2,975 |
2,998 |
3,040 |
3,094 |
3,149 |
3,213 |
3,245 |
3,320 |
(2) Each service employee shall receive the amount prescribed in
the Minimum Pay Scale in accordance with the provisions of this subsection
according to their class title and pay grade as set forth in this subdivision:
CLASS TITLE???????????????????????????????????????????????????????????????????????????????????????????????? PAY GRADE
Accountant I ........................................................................................................... D
Accountant II ........................................................................................................... E
Accountant III .......................................................................................................... F
Accounts Payable Supervisor ................................................................................ G
Aide I ....................................................................................................................... A
Aide II ...................................................................................................................... B
Aide III .................................................................................................................... C
Aide IV .................................................................................................................... D
Audiovisual Technician .......................................................................................... C
Auditor .................................................................................................................... G
Autism Mentor ......................................................................................................... F
Braille Specialist ..................................................................................................... E
Bus Operator .......................................................................................................... D
Buyer ...................................................................................................................... F
Cabinetmaker ........................................................................................................ G
Cafeteria Manager ................................................................................................. D
Carpenter I ............................................................................................................. E
Carpenter II ............................................................................................................. F
Chief Mechanic ...................................................................................................... G
Clerk I ..................................................................................................................... B
Clerk II .................................................................................................................... C
Computer Operator ................................................................................................ E
Cook I ..................................................................................................................... A
Cook II .................................................................................................................... B
Cook III ................................................................................................................... C
Crew Leader ........................................................................................................... F
Custodian I ............................................................................................................. A
Custodian II ............................................................................................................ B
Custodian III ........................................................................................................... C
Custodian IV .......................................................................................................... D
Director or Coordinator of Services ....................................................................... H
Draftsman .............................................................................................................. D
Early Childhood Classroom Assistant Teacher I ................................................... E
Early Childhood Classroom Assistant Teacher II .................................................. E
Early Childhood Classroom Assistant Teacher III ................................................. F
Educational Sign Language Interpreter I ............................................................... F
Educational Sign Language Interpreter II ............................................................. G
Electrician I ............................................................................................................. F
Electrician II ........................................................................................................... G
Electronic Technician I ........................................................................................... F
Electronic Technician II ......................................................................................... G
Executive Secretary ............................................................................................... G
Food Services Supervisor ..................................................................................... G
Foreman ................................................................................................................ G
General Maintenance ............................................................................................ C
Glazier .................................................................................................................... D
Graphic Artist .......................................................................................................... D
Groundsman .......................................................................................................... B
Handyman .............................................................................................................. B
Heating and Air Conditioning Mechanic I ............................................................... E
Heating and Air Conditioning Mechanic II ............................................................. G
Heavy Equipment Operator ................................................................................... E
Inventory Supervisor .............................................................................................. D
Key Punch Operator .............................................................................................. B
Licensed Practical Nurse ....................................................................................... F
Locksmith ............................................................................................................... G
Lubrication Man ..................................................................................................... C
Machinist ................................................................................................................ F
Mail Clerk ............................................................................................................... D
Maintenance Clerk ................................................................................................. C
Mason .................................................................................................................... G
Mechanic ................................................................................................................ F
Mechanic Assistant ................................................................................................ E
Office Equipment Repairman I ............................................................................... F
Office Equipment Repairman II ............................................................................. G
Painter .................................................................................................................... E
Paraprofessional .................................................................................................... F
Payroll Supervisor ................................................................................................. G
Plumber I ................................................................................................................ E
Plumber II .............................................................................................................. G
Printing Operator .................................................................................................... B
Printing Supervisor ................................................................................................ D
Programmer ........................................................................................................... H
Roofing/Sheet Metal Mechanic .............................................................................. F
Sanitation Plant Operator ...................................................................................... G
School Bus Supervisor ........................................................................................... E
Secretary I .............................................................................................................. D
Secretary II ............................................................................................................. E
Secretary III ............................................................................................................ F
Sign Support Specialist .......................................................................................... E
Supervisor of Maintenance .................................................................................... H
Supervisor of Transportation ................................................................................. H
Switchboard Operator‑Receptionist ...................................................................... D
Truck Driver ........................................................................................................... D
Warehouse Clerk ................................................................................................... C
Watchman .............................................................................................................. B
Welder .................................................................................................................... F
WVEIS Data Entry and Administrative Clerk ......................................................... B
(b) An additional $80 per month is
added to the minimum monthly pay of each service person.
?(b) (c) An additional $12 per month is added to the minimum monthly pay of
each service person who holds a high school diploma or its equivalent.
(c) (d) An additional $11 per month also is added to the minimum monthly
pay of each service person for each of the following:
(1) A service person who holds twelve
college hours or comparable credit obtained in a trade or vocational school as
approved by the state board;
(2) A service person who holds twenty‑four
college hours or comparable credit obtained in a trade or vocational school as
approved by the state board;
(3) A service person who holds thirty‑six
college hours or comparable credit obtained in a trade or vocational school as
approved by the state board;
(4) A service person who holds forty‑eight
college hours or comparable credit obtained in a trade or vocational school as
approved by the state board;
(5) A service employee who holds sixty
college hours or comparable credit obtained in a trade or vocational school as
approved by the state board;
(6) A service person who holds seventy‑two
college hours or comparable credit obtained in a trade or vocational school as
approved by the state board;
(7) A service person who holds eighty‑four
college hours or comparable credit obtained in a trade or vocational school as
approved by the state board;
(8) A service person who holds ninety‑six
college hours or comparable credit obtained in a trade or vocational school as
approved by the state board;
(9) A service person who holds one
hundred eight college hours or comparable credit obtained in a trade or
vocational school as approved by the state board;
(10) A service person who holds one
hundred twenty college hours or comparable credit obtained in a trade or
vocational school as approved by the state board.
(d) (e) An additional $80 per month also is added to the minimum monthly
pay of each service person for each of the following:
(1) A service person who holds an
associate?s degree;
(2) A service person who holds a
bachelor?s degree;
(3) A service person who holds a master?s
degree;
(4) A service person who holds a
doctorate degree.
(e) (f) An additional $11 per month is added to the minimum monthly pay of
each service person for each of the following:
(1) A service person who holds a
bachelor?s degree plus fifteen college hours;
(2) A service person who holds a master?s
degree plus fifteen college hours;
(3) A service person who holds a master?s
degree plus thirty college hours;
(4) A service person who holds a master?s
degree plus forty‑five college hours; and
(5) A service person who holds a master?s
degree plus sixty college hours.
(f) (g) To meet the objective
of salary equity among the counties, each service person is paid an equity
supplement, as set forth in section five of this article, of $164 per month,
subject to the provisions of that section. These payments: (i) Are in addition to any amounts prescribed in the applicable State
Minimum Pay Scale Pay Grade, any specific additional amounts prescribed in this
section and article and any county supplement in effect in a county pursuant to
section five‑b of this article; (ii) are paid in equal monthly
installments; and (iii) are considered a part of the state minimum salaries for
service personnel.
(g) (h) When any part of a
school service person?s daily shift of work is performed between the hours of
six o?clock p. m. and five o?clock a. m. the following day, the employee is
paid no less than an additional $10 per month and one half of the pay is paid
with local funds.
(h) (i) Any service person required to work on any legal school holiday is
paid at a rate one and one‑half times the person?s usual hourly rate.
(j) (j) Any full‑time service personnel required to work in excess of
their normal working day during any week which contains a school holiday for
which they are paid is paid for the additional hours or fraction of the
additional hours at a rate of one and one‑half times their usual hourly
rate and paid entirely from county board funds.
(j) (k) A service person may not have his or her daily work schedule
changed during the school year without the employee?s written consent and the person?s
required daily work hours may not be changed to prevent the payment of time and
one‑half wages or the employment of another employee.
(k) (l) The minimum hourly
rate of pay for extra duty assignments as defined in section eight‑b of
this article is no less than one seventh of the person?s daily total salary for
each hour the person is involved in performing the assignment and paid entirely
from local funds: Provided, That an alternative minimum hourly rate of
pay for performing extra duty assignments within a particular category of
employment may be used if the alternate hourly rate of pay is approved both by
the county board and by the affirmative vote of a two‑thirds majority of
the regular full‑time persons within that classification category of employment
within that county: Provided, however, That the vote is by secret ballot
if requested by a service person within that classification category within
that county. The salary for any fraction of an hour the employee is involved in
performing the assignment is prorated accordingly. When performing extra duty
assignments, persons who are regularly employed on a one‑half day salary
basis shall receive the same hourly extra duty assignment pay computed as
though the person were employed on a full‑day salary basis.
(l) (m) The minimum pay for
any service personnel engaged in the removal of asbestos material or related
duties required for asbestos removal is their regular total daily rate of pay
and no less than an additional $3 per hour or no less than $5 per hour for
service personnel supervising asbestos removal responsibilities for each hour
these employees are involved in asbestos‑related duties. Related duties
required for asbestos removal include, but are not limited to, travel,
preparation of the work site, removal of asbestos, decontamination of the work
site, placing and removal of equipment and removal of structures from the site.
If any member of an asbestos crew is engaged in asbestos-related duties outside
of the employee?s regular employment county, the daily rate of pay is no less
than the minimum amount as established in the employee?s regular employment
county for asbestos removal and an additional $30 per each day the employee is
engaged in asbestos removal and related duties. The additional pay for asbestos
removal and related duties shall be payable entirely from county funds. Before
service personnel may be used in the removal of asbestos material or related
duties, they shall have completed a federal Environmental Protection Act-approved training program and be licensed. The employer shall
provide all necessary protective equipment and maintain all records required by
the Environmental Protection Act.
(m) (n) For the purpose of
qualifying for additional pay as provided in section eight, article five of
this chapter, an aide is considered to be exercising the authority of a
supervisory aide and control over pupils if the aide is required to supervise,
control, direct, monitor, escort or render service to a child or children when
not under the direct supervision of a certified professional person within the
classroom, library, hallway, lunchroom, gymnasium, school building, school
grounds or wherever supervision is required. For purposes of this section, ?under
the direct supervision of a certified professional person? means that certified
professional person is present, with and accompanying the aide?.?
??????????? On
the adoption of the amendment, Delegate
The yeas and nays having been ordered, they were taken (Roll No. 206), and there were--yeas
42, nays 55, absent and not voting 3, with the yeas and absent and not voting
being as follows:
Yeas: Baldwin, Barrett, Bates, Boggs, Brewer, Byrd, Canestraro,
Caputo, Dean, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty, Folk,
Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy, Lynch,
Marcum, Miley, R. Miller, Moye, Pethtel, Phillips, Pushkin, Pyles, Queen,
Robinson, Rodighiero, Rohrbach, Rowe, Sponaugle, Thompson, Wagner and Williams.
Absent and Not Voting: Deem, Gearheart and Ward.
So, a majority of the members present and voting not having voted
in the affirmative, the amendment was rejected.
On motion of Delegate Espinosa, the bill was amended on page forty-seven, section forty-five, line
forty-five, following the words ?county board may?, by striking the words ?apply
up to five days of instruction delivered through alternative methods to cancel
days lost due to necessary school closures? and inserting in lieu thereof
the following:
?deliver instruction through
alternative methods on up to five days when schools are closed due to inclement
weather or other unforeseen circumstances and these days are instructional days
notwithstanding the closure of schools. The use of equivalent time gained by
lengthening the school day to cancel days lost, and the delivery of instruction
through alternative methods, both as defined in this section, shall be
considered instructional days for the purpose of meeting the 180 separate day
requirement and as employment days for the purpose of meeting the 200 day
employment term.?
On motion of Delegate Espinosa, the bill was amended page forty-seven, section forty-five,
line sixty-two, following the paragraph designation ?(vii)?, by inserting ?In
addition to the faculty senate meeting required prior to the beginning of the
instructional term pursuant to section five, article five-a of this chapter?
and a comma.
??????????? The bill was ordered to engrossment
and third reading.
Com.
Sub. for H. B. 2816, Eliminating
new film tax credits; on second reading, coming up in regular order, was read a
second time.
An amendment, offered by Delegate Butler,
was reported by the Clerk on page two, following line eleven and the article
heading, by inserting the following:
??11-15-3. Amount of tax; allocation of
tax and transfers.
(a)
Vendor to collect. ? For the privilege of selling tangible personal
property or custom software and for the privilege of furnishing certain
selected services defined in sections two and eight of this article, the vendor
shall collect from the purchaser the tax as provided under this article and
article fifteen-b of this chapter, and shall pay the amount of tax to the Tax
Commissioner in accordance with the provisions of this article or article
fifteen-b of this chapter.
(b)
Amount of
tax.? ̶? The general consumer sales and service tax
imposed by this article shall be at the rate of six cents on the dollar percent
of the sales price of sales tangible personal property, custom
software or taxable services purchased, excluding gasoline and
special fuel?
sales, which remain taxable at the rate of five cents
percent: on the dollar of sales Provided,
That
on and after July 1, 2017, the tax imposed by this
article shall be six and one-half percent of the purchase price, excluding
sales of motor fuels, which remain taxable at the rate of five percent of the
average wholesale selling price of motor fuel: Provided, however, That this increase in the rate of tax adopted
pursuant to the reenactment of this section during the 2017 Regular Session of
the Legislature shall expire on June 30, 2020, so long as the balance of funds
as of June 30, 2019, in the Revenue Shortfall Reserve Fund and the Revenue
Shortfall Reserve Fund ? Part B, established in section twenty, article two,
chapter eleven-b of this code equals or exceeds fifteen percent of the general
revenue fund budgeted for the fiscal year commencing on July 1, 2019.
(c)
Calculation tax on fractional parts of a dollar until January 1, 2004. -B There shall be no tax on
sales where the monetary consideration is 54 or less. The amount of the
tax shall be computed as follows:
(1)
On each sale, where the monetary consideration is from 64 to 164, both inclusive, 14.
(2)
On each sale, where the monetary consideration is from 174 to 334, both inclusive, 24.
(3)
On each sale, where the monetary consideration is from 344 to 504, both inclusive, 34.
(4)
On each sale, where the monetary consideration is from 514 to 674, both inclusive, 44.
(5)
On each sale, where the monetary consideration is from 684 to 844, both inclusive, 54.
(6)
On each sale, where the monetary consideration is from 854 to $1, both inclusive, 64.
(7)
If the sale price is in excess of $1, 64 on each whole dollar of sale price, and upon any
fractional part of a dollar in excess of whole dollars as follows: 14 on the fractional part of
the dollar if less than 174; 24 on the fractional part of
the dollar if in excess of 164 but less than 344; 34 on the fractional part of
the dollar if in excess of 334 but less than 514; 44 on the fractional part of
the dollar if in excess of 504 but less than 684; 54 on the fractional part of
the dollar if in excess of 674 but less than 854; and 64 on the fractional part of
the dollar if in excess of 844. For example,
the tax on sales from $1.01 to $1.16, both inclusive, 74; on sales from $1.17 to
$1.33, both inclusive, 84; on sales from $1.34 to
$1.50, both inclusive, 94; on sales from $1.51 to
$1.67, both inclusive, 104; on sales from $1.68 to
$1.84, both inclusive, 114 and on sales from $1.85 to
$2, both inclusive, 124: Provided, That
beginning January 1, 2004, tax due under this article shall be calculated as
provided in subsection (d) of this subsection and this subsection (c) does not
apply to sales made after December 31, 2003.
(d) (c) Calculation
of tax on fractional parts of a dollar after December 31, 2003. ? Beginning
January 1, 2004, the tax computation under subsection (b) of this section
shall be carried to the third decimal place, and the tax rounded up to the next
whole cent whenever the third decimal place is greater than four and rounded
down to the lower whole cent whenever the third decimal place is four or less.
The vendor may elect to compute the tax due on a transaction on a per item
basis or on an invoice basis provided the method used is consistently used during
the reporting period.
(e) (d) No
aggregation of separate sales transactions, exception for coin-operated
devices. ?̶? Separate sales, such as daily or weekly
deliveries, shall not be aggregated for the purpose of computation of the tax
even though the sales are aggregated in the billing or payment therefor.
Notwithstanding any other provision of this article, coin-operated amusement
and vending machine sales shall be aggregated for the purpose of computation of
this tax.
(f) (e) Rate of tax
on certain mobile homes. ? Notwithstanding any provision of this article to
the contrary, after December 31, 2003, the tax levied on sales of mobile homes
to be used by the owner thereof as his or her principal year-round residence
and dwelling shall be an amount equal to six percent of fifty percent of the
sales price: Provided, That
on and after July 1, 2017, notwithstanding any provision of this article to the
contrary, the tax levied on sales of mobile homes to be used by the owner
thereof as his or her principal year-round residence and dwelling
shall be an amount equal to six and one-half percent of
fifty percent of the sales price: Provided,
however, That should the rate of tax
imposed in subsection (b) of this section revert to six percent as of a
specified date, the tax imposed on sales of certain mobile homes shall
similarly revert to six percent of fifty percent of the sales price.
(g) (f) Construction;
custom software. ? After December 31, 2003, whenever Whenever the words "tangible personal property" or "property" appear in this article,
the same shall also include the words "custom software".
(h) (g) Computation
of tax on sales of gasoline and special fuel. ? The method of computation
of tax provided in this section does not apply to sales of gasoline and special
fuel.
(h)
Notwithstanding any provision of this code to the contrary, on and after July
1, 2017, when the words ?six percent? appear in this article or article fifteen
of this chapter they shall mean the rate of the tax specified in subsection (b)
of this section.?
On page eighteen, following line three
hundred eight-nine, by inserting the following:
?ARTICLE 15A. USE TAX.
?11-15A-2. Imposition of
tax; six percent tax rate; inclusion of services as taxable; transition
rules; allocation of tax and transfers.
(a)
An excise tax is hereby levied and imposed on the use in this state of tangible
personal property, custom software or taxable services, to be collected and
paid as provided in this article
or article fifteen-b of this chapter, at the rate of
six percent of the purchase price of the property or taxable services, except
as otherwise provided in this article: Provided,
That on and after July 1, 2017, the tax imposed by this article shall be
collected and paid, as provided in this article or article fifteen-b of this
chapter, at the rate of six and one-half percent of the purchase price of the
tangible personal property, custom software or taxable services, except as otherwise
provided in this article: Provided,
however, That the one-half percent increase in the tax on the purchase
price adopted pursuant to the reenactment of this section during the 2017
Regular Session of the Legislature shall expire on June 30, 2020, so long as
the balance of funds as of June 30, 2019, in the Revenue Shortfall Reserve Fund
and the Revenue Shortfall Reserve Fund ? Part B, established in section twenty,
article two, chapter eleven-b of this code equals or exceeds fifteen percent of
the general revenue fund budgeted for the fiscal year commencing on July 1,
2019.
(b)
Calculation of tax on fractional parts of a dollar. ? The tax
computation under subsection (a) of this section shall be carried to the third
decimal place and the tax rounded up to the next whole cent whenever the third
decimal place is greater than four and rounded down to the lower whole cent
whenever the third decimal place is four or less. The vendor may elect to
compute the tax due on a transaction on a per item basis or on an invoice basis
provided the method used is consistently used during the reporting period.
(c)
?Taxable services?, for the purposes of this article, means services of the
nature that are subject to the tax imposed by article fifteen of this chapter.
In this article, wherever the words ?tangible personal property? or ?property?
appear, the same shall include the words ?or taxable services?, where the
context so requires.
(d)
Use tax is hereby imposed upon every person using tangible personal property,
custom software or taxable service within this state. That person?s liability
is not extinguished until the tax has been paid. A receipt with the tax
separately stated thereon issued by a retailer engaged in
business in this state, or by a foreign retailer who is
authorized by the Tax Commissioner to collect the tax imposed by this article,
relieves the purchaser from further liability for the tax to which the receipt
refers.
(e)
Purchases of tangible personal property or taxable services made for the
government of the United States or any of its agencies by ultimate consumers is
subject to the tax imposed by this section. Industrial materials and equipment
owned by the federal government within the State of West Virginia of a
character not ordinarily readily obtainable within the state, is not subject to
use tax when sold, if the industrial materials and equipment would not be
subject to use taxes if sold outside of the state for use in West Virginia.
(f)
This article does not apply to purchases made by counties or municipal
corporations.
(g)
Notwithstanding any provisions of this code to the contrary, on and after July
1, 2017, when the words ?six percent? appear in subsection (c), section ten of
this article, those words shall mean ?a percentage equal to the use tax rate?
specified in subsection (a) of this section.?
And,
By amending the enacting section to read
as follows:
?That ?11-13X-4 and
?11-13X-13 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that ?11-15-3 and ?11-15-9 of said code be amended and reenacted;
that ?11-15A-2 of said code be amended and reenacted; and that ?11-16-13 of
said code be amended and reenacted, all to read as follows? followed by a
colon.
On the adoption of the amendment,
Delegate Butler demanded the yeas and nays, which demand was sustained.
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 207),
and there were--yeas none, nays 97, absent and not voting 3, with the absent
and not voting being as follows:
??????????? Absent and Not Voting: Deem, Gearheart
and Ward.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the amendment was
rejected.
An amendment, offered by Delegate Butler,
was reported by the Clerk on page twenty, following line fifty-five, by
inserting the following:
?Article 28. commercial activity
tax.
?11-28-1. Imposition of privilege tax.
There is hereby levied
and shall be collected
an annual privilege tax on persons
conducting any business or commercial
activities in this state, in the amount
of two tenths of one percent of the gross income of the business as defined by this article.
?11-28-2. Definitions.
(a)
General. ? When used in
this article, words defined
in subsection (b) of this section have the meanings ascribed to them in this section,
except in those instances where a different meaning is provided in this article
or the context in which the word is used clearly indicates that a different
meaning is intended by the Legislature.
(b) Definitions:
(1)
?Banking business? or ?financial organization? shall mean any bank,
banking association, trust company, industrial loan company, small loan
company or licensee, building and loan association, savings and loan association, finance company, investment company, investment broker
or dealer, and any other similar business organization whose assets consist primarily of intangible personal property
and whose gross income consists primarily of dividends, interest and other
charges derived from the use of money or credit.
(2)
?Business? includes all activities engaged in or caused to be engaged in
with the object of gain or economic
benefit, either direct or indirect. ?Business?
does not include a casual sale by a person who is not engaged in the business of selling the type of property
involved in such casual sale. ?Business?
includes the production of natural resources or manufactured products
which are used or consumed by the producer
or manufacturer and includes the activities of a banking
business or financial
organization.
(3)
(A) ?Gross income? means the gross receipts of the taxpayer,
other than a banking
or financial business,
received as compensation for personal services and the gross receipts
of the taxpayer derived from trade, business, commerce or sales and the value proceeding or accruing from the sale of tangible
property (real or personal), or service, or both, all receipts from the investment of the capital
of the business, including rentals,
royalties, fees, reimbursed costs or expenses
or other emoluments however designated and including all interest, carrying charges, fees or other like income, however
denominated, derived by the taxpayer
from repetitive carrying
of accounts, in the
regular course and conduct of its business
, and extension of credit in
connection with the sale of any tangible
personal property or service, and without any deductions on account of the cost of property sold,
the cost of materials used, labor costs,
taxes, royalties paid in cash or in kind or otherwise, interest
or discount paid or any other expenses whatsoever: Provided, That gross income shall not include contributions to
capital.
(B)
(i) ?Gross income of a banking or financial business?
means the gross income received from interest, premiums, discounts,
dividends, service fees or charges, commissions, fines, rents from real or
tangible personal property, however denominated, royalties, charges for
bookkeeping or data processing, receipts from check sales, charges or fees, and
receipts from the sale of tangible personal
property.
(ii)
?Gross income of a banking or financial business? does not include:
(I) Interest
received on the obligations of the United States, its agencies and instrumentalities,
(II) Interest
received on the obligations of this state, or any political subdivision of this state, or
(III) Interest received on investments or loans
primarily secured by first mortgages
or deeds of trust on residential property occupied by nontransients; however, all interest derived from
these activities shall be reported
on the return of a person taxable
under the provisions of this section.
(C)
?Gross proceeds of sales? means the value, whether in money or other property,
proceeding from the sale of tangible property, without any deduction
for the cost of property
sold or expenses of any kind: Provided,
That bad debts shall be allowed as a deduction except that the amount of any
bad debt recovery shall be included in gross proceeds of sale.
(D)
The terms ?gross income? and ?gross proceeds
of sales? do not include:
(i) Cash discounts allowed and taken on sales;
(ii) The proceeds of sale
of goods, wares or merchandise returned
by customers when the sale price is refunded either in cash or by credit;
(iii) The amount allowed as ?trade-in
value? for any article
accepted as part payment for any article
sold;
(iv) Excise taxes
imposed by this state; or
(v) Money
or other property received
or held by a professional person for the sole
use and benefit of a client or another person or
money
received by the taxpayer on behalf of a bank or other financial institution for the repayment
of a debt of another.
(4) ?Person?
or ?company?, herein used interchangeably, includes any individual, firm, copartnership, partnership, limited
liability company, joint adventure, association, corporation, trust or any other group or combination
acting as a unit, and the plural as well as the singular
number, unless the intention to give a more
limited meaning is disclosed by the
context.
(5)
?Sale?, ?sales? or ?selling? means any transfer
of the ownership of or title
to property, whether for money or in exchange for other property.
(6) ?Selling at wholesale? or ?wholesale sales? means and includes:
(A) Sales of any tangible
personal property for the purpose
of resale in the form of tangible personal property;
(B) Sales of machinery, supplies or materials
which are to be directly
consumed or used by the purchaser in the conduct
of any business or activity
which is subject to the tax imposed
by this article;
and
(C) Sales of any tangible personal
property to the United States of America,
its agencies and instrumentalities or to the State of West Virginia,
its institutions or political
subdivisions.
(7)? ?Service business
or calling? means all activities engaged in by a person for other persons for a consideration which involve the rendering of a
service as distinguished from the sale of tangible property,
but does not include the services rendered
by an employee to his or her employer. This term includes, but is
not limited to:
(A)
Persons engaged in manufacturing, compounding or preparing for sale,
profit or commercial use, articles, substances or commodities which are owned by another or others;
(B)
Persons engaged as independent contractors in producing natural resource products which are owned by another or others, as personal property,
immediately after the same are severed, extracted, reduced to possession and produced;
(C) The repetitive carrying of accounts,
in the regular course and conduct of business, and extension of credit in connection with the sale of any tangible
personal property or service.
(8)
?Taxpayer? means any person liable for the tax imposed by this article;
(9)
?Tax year? or ?taxable year? means the calendar year, unless permission is obtained from the Tax Commissioner
to use the taxpayer?s fiscal year as the tax period;
(10)
?Electronic filing? or ?e-filing? means filing using electronic technology such
as computer modem, magnetic media, optical disk, facsimile machine, telephone
or other technology approved by the Tax Commissioner, in such manner as he or
she deems acceptable. Any return required to be filed electronically under this
article may contain an electronic signature, if a signature is required.
?11-28-3. Rules for
determining measure of tax.
(a)
If any person liable for the tax ships or transports its products or any part
thereof out of the state without making sale of such products, the value of the
products in the condition or form in which they exist immediately before
transportation out of the state shall be the basis for the assessment of the
tax. The tax commissioner may prescribe rules for ascertaining such value.
(b)
In determining value, however, of sales between affiliated companies or
persons, or under other circumstances where the relation between the buyer and
seller is such that the gross proceeds from the sale do not reflect the true value
of the subject matter of the sale, the tax commissioner may prescribe rules for
determining the value on which the privilege tax shall be levied, corresponding
as nearly as possible to the gross proceeds from the sale of products where no
common interest exists between the buyer and seller but the circumstances and
conditions are otherwise similar.
(c)
Upon every person engaging or continuing within this state in the business of
manufacturing, compounding or preparing for sale, profit, or commercial use,
either directly or through the activity of others in whole or in part, any
article or articles, substance or substances, commodity or commodities, or
newspaper publishing (including all gross income or proceeds of sale from
circulation and advertising), the measure of this tax is the value of the
entire product manufactured, compounded or prepared in the state for sale,
profit or commercial use, regardless of the place of sale or the fact that
deliveries may be made to points outside the state.??
(d)
In those instances in which the same person partially manufactures, compounds
or prepares products within this state and partially manufactures, compounds or
prepares such products outside of this state, the measure of the tax shall be
that proportion of the sale price of the product that the payroll cost of
manufacturing within this state bears to the entire payroll? cost of manufacturing the product; or, at the
option of the taxpayer, the measure of his or her tax under this section shall
be the proportion of the sales value of the articles that the cost of
operations in West Virginia bears to the full cost of manufacture of the
articles.
?11-28-4. Exemptions.
The
provisions of this article do not apply to:
(a)
Insurance companies which pay the State of West Virginia a tax on premiums.
However, this exemption does not apply to portions of the gross income of
insurance companies received for the use of real property, other than property
in this state in which the insurance company maintains its office or offices,
whether that income is in the form of rentals or royalties;
(b)
Nonprofit cemetery companies organized and operated for the exclusive benefit
of their members;
(c)
Fraternal societies, organizations and associations organized and operated for
the exclusive benefit of their members and not for profit. This exemption does
not apply to gross income arising from the sale of alcoholic liquor, food and
related services of such fraternal societies, organizations and associations
which are licensed as private clubs under the provisions of article seven,
chapter sixty of this code, except that funds derived from the licensed
charitable gaming activities of such organizations are exempt;
(d)
Corporations, associations and societies organized and operated exclusively for
religious or charitable purposes: Provided,
That this exemption does not apply to gross income derived from engaging in
unrelated business activity as defined for federal income tax purposes;
(e)
Production credit associations, organized under the provisions of the federal ?Farm
Credit Act of 1933?; or
(f)
Any credit union organized under the provisions of chapter thirty-one or any
other chapter of this code: Except, that the exemptions of this section shall
not apply to corporations or cooperative associations organized under the
provisions of article four, chapter nineteen of this code.
?11-28-5. Computation of
tax; payment.
The
tax imposed by this article is due and payable as follows:
(a)
For taxpayers whose estimated tax under this article exceeds $1,000 per month,
the tax shall be due and payable in monthly installments on or before the last
day of the month following the month in which the tax accrued. Each such
taxpayer shall, on or before the last day of each month, make out an estimate
of the tax for which it is liable for the preceding month and submit it with a
remittance in the form prescribed by the Tax Commissioner, of the amount of tax
to the office of the commissioner.
(b)
For taxpayers whose estimated tax under this article does not exceed $1,000 per
month, the tax shall be due and payable in quarterly installments within one
month from the expiration of each quarter in which the tax accrued. Each such
taxpayer shall, within one month from the expiration of each quarter, make out
an estimate of the tax for which he or she is liable for such quarter, sign the
same and mail it together with a remittance, in the form prescribed by the Tax
Commissioner, of the amount of tax to the office of the commissioner.
(c)
When the total tax for which any person is liable under this article does not
exceed $200 in any year, the taxpayer may pay the same quarterly as described
in subsection (b) of this section or, with the consent in writing of the Tax
Commissioner, at the end of the month next following the close of the tax year.
(d)
The Tax Commissioner may require the return and payment for periods of shorter
duration than those prescribed above if it is deemed necessary to ensure
payment of the tax.
(e)
The forms shall be filed electronically, in accordance with the procedures set
forth in the Tax Commissioner?s rule on use and acceptance of electronic
records. Any taxpayer required to file and pay electronically who fails to do
so, shall be required to pay a money penalty in an amount equal to five percent
of the tax due.
?11-28-6. Return and
remittance by taxpayer.
On
or before the expiration of one month after the end of the tax year, each
taxpayer shall make a return for the entire tax year showing the gross proceeds
of sales or gross income of business, trade or calling, and compute the amount
of tax chargeable in accordance with the provisions of this article and deduct
the amount of monthly or quarterly payments (as hereinbefore provided), if any,
and transmit with its report a remittance in the form prescribed by the Tax
Commissioner covering the residue of the tax chargeable against the taxpayer to
the office of the Tax Commissioner; such return shall be signed by the taxpayer
if made by an individual, or by the president, vice president, secretary or
treasurer of a corporation if made on behalf of a corporation. If made on
behalf of a partnership, joint adventure, association, trust, or any other
group or combination acting as a unit, any individual delegated by such firm,
copartnership, joint adventure, association, trust or any other group or
combination acting as a unit shall sign the return on behalf of the taxpayer.
The Tax Commissioner may extend the time for making the annual return on the
application of any taxpayer and grant such reasonable additional time within
which to make the same, for good cause shown. Annual returns must be filed, and
payments remitted, electronically, as provided in section four of this article,
unless the taxpayer first obtains a waiver in writing from the Tax Commissioner.
?11-28-7. Tax year.
The
assessment of taxes and the returns required under the provisions of this
article shall be on a calendar year basis, unless permission is obtained
from the Tax Commissioner to use the
taxpayer?s fiscal year as the tax period.
?11-28-8. Tax cumulative.
The
tax imposed by this article is in addition to all other licenses and taxes
levied by law as a condition precedent to engaging in any business, trade or
calling in this state. A person exercising a privilege taxable under this
article, subject to the payment of all licenses and charges which are condition
precedent to exercising the privilege taxed, may exercise the privilege for the
current tax year upon the condition that he or she shall pay the tax accruing
under this article.
?11-28-9. Receivership or
insolvency proceedings.
In
the event a business subject to the tax imposed by this article is being
operated in connection with a receivership or insolvency proceeding, the court
under whose direction the business is operated shall, by the entry of a proper
order in the cause, make provision for the regular payment of the taxes imposed
by this article as they become due.
?11-28-10. Priority in
distribution in receivership, etc.; personal liability of administrator.
In
the distribution, voluntary or compulsory, in receivership, bankruptcy or
otherwise, of the estate of any person, firm or corporation, all taxes due and
unpaid under this article shall be paid from the first money available for
distribution in priority to all claims, except taxes and debts due the United
States which under federal law are given priority over the debts and liens
created by this article. Any person charged with the administration of an
estate who shall violate the provisions of this section shall be personally
liable for any taxes accrued and unpaid under this article, which are
chargeable against the person, firm or corporation whose estate is in
administration.
?11-28-11. Credit for taxes
paid.
(a)
A credit shall be allowed against the tax imposed by this article for the
following taxes paid to the State of West Virginia:
(1)
The severance and business privilege tax imposed by article thirteen-a of this
chapter.
(2)
The health care provider tax imposed by article twenty-seven of this chapter.
(3)
The acute care hospital tax imposed by article twenty-seven of this chapter.
(4)
The business and occupation tax imposed by article thirteen of this chapter.
(b)
No credit may be taken for the following taxes paid within this state:
(1)
The municipal business and occupation tax imposed by a municipality pursuant to
article thirteen, chapter eight of this code.
(2)
The municipal public utilities tax imposed by a municipality pursuant to
article thirteen, chapter eight of this code.
(c)
In no case may the credit allowed under this section reduce a taxpayer?s
liability for the tax imposed by this article below zero dollars.
(d)
No unused credit under this section may be carried forward or carried back to
another tax year.
?11-28-12. Offenses;
penalties.
It
shall be unlawful for any person to refuse to make the return required by
section six of this article; or to make any false or fraudulent return or false
statement in any return, with intent to defraud the state or to evade the
payment of the tax, or any part thereof, imposed by this article; or for any
person to aid or abet another in any attempt to evade the payment of the tax,
or any part thereof, imposed by this article; or for the president, vice
president, secretary or treasurer of any corporation to make or permit to be
made for any corporation or association any false return, or any false
statement in any return required in this article, with the intent to evade the
payment of any tax hereunder. Any person violating any of the provisions of
this section shall be guilty of a misdemeanor and, on conviction thereof, shall
be fined not more than $10,000 or imprisoned not exceeding one year in the
regional jail or punished by both fine and imprisonment, at the discretion of
the court, within the limitations aforesaid. In addition to the foregoing
penalties, any person who shall knowingly swear to or verify any false or
fraudulent return, or any return containing any false or fraudulent statement
with the intent aforesaid, shall be guilty of the offense of false swearing,
and, on conviction thereof, shall be punished in the manner provided by law.
Any corporation for which a false return, or a return containing a false
statement, as aforesaid, shall be made, shall be guilty of a misdemeanor and
shall be punished by a fine of not more than $10,000. The circuit and criminal
courts of the county in which the offender resides, or, if a corporation, in
which it carries on business, shall have concurrent jurisdiction to enforce
this section.
?11-28-13. Severability; effective
date.
(a)
Severability ? If any provision of
this article or the application thereof shall for any reason be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder of said article, but shall be confined in
its operation to the provision thereof directly involved in the controversy in
which such judgment shall have been rendered, and the applicability of such
provision to other persons or circumstances shall not be affected thereby.
(b)
Effective date ? The provisions of
this article take effect July 1, 2017 and shall apply to gross income from
business activity engaged in, on or after that date.
?11-28-14. Termination
date; short taxable years for taxpayers on calendar or fiscal year and cash or
accrual accounting methods.
(a)
Each and every provision of this article is repealed for all tax periods
beginning on and after July 1, 2020: Provided,
That the provisions of this article shall remain in effect on and after July 1,
2020, so long as the combined balance of funds as of June 30, 2019, or any
subsequent June 30, in the Revenue Fund Shortfall Reserve Fund and the Revenue
Fund Shortfall Reserve Fund - Part B established in section twenty, article
two, chapter eleven-b of this code is less than fifteen percent of the General
Revenue Fund budgeted for the fiscal year of the state commencing July 1, 2019
or any fiscal year commencing thereafter. However, tax liabilities, if any,
arising for taxable years or portions thereof ending prior to a July 1
termination date shall be determined, administered, assessed and collected as
if the taxes imposed by this article had terminated; and the rights and duties
of the taxpayer and the State of West Virginia shall be fully and completely
preserved.
(b)
Persons who are calendar year taxpayers under this article shall file their
annual return for the calendar year of the termination date, on or before July
31 of that calendar year, and remit the amount of any taxes shown thereon to be
due, unless an extension of time for filing is authorized by the Tax
Commissioner.
(c)
Persons who are fiscal year taxpayers shall similarly file an annual return on
or before July 31 of the termination year, for their short taxable year which
ended June 30 of that year, and remit the amount of any taxes shown thereon to
be due, unless an extension of time for filing is authorized by the Tax
Commissioner.
(d)
Persons who keep their records using the accrual method of accounting shall
file their annual return for the full or short taxable year ending June 30 of
the termination year, computing their tax liability under that method of
accounting. A taxpayer shall file an amended return for the termination year
and pay any additional taxes due within thirty days after determining that
gross income was under-reported on the annual return.
(e)
Persons who keep their records using the cash method of accounting may file
their annual return for the full or short taxable year ending June 30 of the
termination year, computing their tax liability under the cash method of
accounting: Provided, That the
taxpayer shall file a supplemental return for the termination year within one
month after the close of each calendar quarter during each ensuing year in
which the taxpayer receives gross income for any activity or portion thereof
completed prior to July 1 of the termination year, and pay any additional taxes
shown on the supplemental return to be due. The purpose of this requirement is
to minimize the advantage or disadvantage associated with the different methods
of accounting when the commercial activity tax is repealed.
?11-28-15. General
procedure and administration.
Each
and every provision of the ?West Virginia Tax Procedure and Administration Act?
set forth in article ten of this chapter, and the ?West Virginia Tax Crimes and
Penalties Act? set forth in article nine of this chapter shall apply to the tax
imposed by this article with like effect as if said acts were applicable only
to the tax imposed by this article and were set forth in extenso in this
article.?
And,
By amending the enacting section to read
as follows:
?That ?11-13X-4 and
?11-13X-13 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that ?11-15-9 of said code be amended and reenacted; that ?11-16-13
of said code be amended and reenacted; and that said code be amended by adding
thereto a new article, designated ?11-28-1, ?11-28-2, ?11-28-3, ?11-28-4,
?11-28-5, ?11-28-6, ?11-28-7, ?11-28-8, ?11-28-9, ?11-28-10, ?11-28-11,
?11-28-12, ?11-28-13, ?11-28-14 and ?11-28-15, all to read as follows? and a
colon.
On the adoption of the amendment,
Delegate
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 208),
and there were--yeas none, nays 97, absent and not voting 3, with the absent
and not voting being as follows:
??????????? Absent and Not Voting: Deem,
Gearheart and Ward.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the amendment was rejected.
The
bill was ordered to engrossment and third reading.
Com.
Sub. for H. B. 2817,
Providing for the reduction of the unfunded liability in the teachers retirement
system over a 30 year period; on second reading, coming up in regular order,
was read a second time and ordered to engrossment and third reading.
Com.
Sub. for H. B. 2933,
Relating to the consumers sales and service taxes and use taxes; on second reading, coming up in regular
order, was read a second time.
At the request of Delegate Cowles, and
by unanimous consent, the bill was advanced to third reading with amendments
pending, and the restricted right to amend jointly by Delegates Nelson and
Boggs, and the rule was suspended to permit the offering and consideration of
the amendment on that reading.
Com.
Sub. for H. B. 2196,
Relating to the secondary schools athletic commission; on second reading, having
earlier been moved to the foot of bills on second reading, was read a second
time.
??????????? Whereupon,
Delegate Hanshaw
asked and obtained unanimous consent that the amendment to the amendment he
offered in earlier proceedings be withdrawn.
??????????? Delegate
Moye asked and obtained unanimous consent that the amendment he offered in
earlier proceedings be withdrawn.
??????????? On motion of Delegates Espinosa and
Moye, the bill was then amended on page three, section twenty-five, line forty-five,
following the word ?rules?, by inserting the following:
??????????? ?and regulations of the West
Virginia Secondary Schools Activities Commission and the county board in which
the home-schooled student lives? and a comma.
The bill was then ordered to engrossment
and third reading.
First Reading
??????????? The following bills on first
reading, coming up in regular order, were each read a first time and ordered to
second reading:
??????????? Com.
Sub. for H. B. 2129,
Relating to the powers and authority of state and local law enforcement to
enforce underage drinking laws at private clubs,
??????????? Com.
Sub. for H. B. 2195,
Relating to requiring comprehensive drug awareness and prevention program in
all public schools,
??????????? Com.
Sub. for H. B. 2363,
Requiring that a state employee with a commercial driver?s license have a
current medical evaluation certification,
??????????? Com.
Sub. for H. B. 2428,
Establishing additional substance abuse treatment facilities,
??????????? Com.
Sub. for H. B. 2483,
Requiring the Division of Juvenile Services to transfer to a correctional
facility or regional jail any juvenile in its custody that has been transferred
to adult jurisdiction of the circuit court and who reaches his or her
eighteenth birthday,
??????????? Com.
Sub. for H. B. 2708,
Relating to a lawful method for a developmentally disabled person to purchase a
base hunting license,
??????????? Com.
Sub. for H. B. 2759,
Creating Statewide Interoperable Radio Network,
??????????? Com.
Sub. for H. B. 2851,
Updating fee structure provisions for broker-dealers,
Com. Sub. for H. B. 3062, The state Settlement and Recovered
Funds Accountability Act, ???????? And,
??????????? Com.
Sub. for H. B. 3080,
Requiring instruction in the Declaration of Independence and the United States
Constitution.
Leaves of Absence
At
the request of Delegate Cowles, and by unanimous consent, leave of absence for
the day was granted Delegate Gearheart.
Miscellaneous Business
Delegate Marcum asked unanimous consent
that the remarks of Delegate Butler regarding an amendment he offered to Com.
Sub. for H. B. 2816 be printed in the Appendix to the Journal, which consent
was not given, objection being heard.
Delegate Byrd asked and obtained unanimous
consent that the remarks of Delegate Frich regarding an amendment offered by
Delegate Butler to Com. Sub. for H. B. 2816 be printed in the Appendix to the
Journal.
Delegate White filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2552 on
March 1, 2017 but was not added as a sponsor at that time pursuant to House
Rule 94 which allows for not more than eleven members as joint sponsors of a
bill, such number having been reached.?
Subsequently, Delegate Atkinson requested to be removed from said bill
and Delegate White was added as a cosponsor.
At
7:47 p.m., the House of Delegates adjourned until 9:00 a.m., Tuesday, March 28,
2017.