__________*__________
Tuesday, April 4, 2017
FIFTY-SIXTH 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 Monday, April 3,
2017, being the first order of business, when the further reading thereof was
dispensed with and the same approved.
Committee Reports
??????????? Delegate Hanshaw, Chair of the Joint
Committee on Enrolled Bills, submitted the following report, which was
received:
??????????? Your Joint Committee on Enrolled
Bills has examined, found truly enrolled and, on the 3rd day of April, 2017, presented to His Excellency,
the Governor, for his action, the following bills, signed by the President of
the Senate and the Speaker of the House of Delegates:
Com.
Sub. for H. B. 2506, Relating to the permit limit calculations and
allowing overlapping mixing zones for calculating permit limits for drinking
water criteria,
And,
H. B.
2774, Defining special aircraft property.
??????????? Delegate Westfall, Vice Chair of the
Joint Committee on Enrolled Bills, submitted the following report, which was
received:
??????????? Your Joint Committee on Enrolled
Bills has examined, found truly enrolled and, on the 3rd day of April, 2017, presented to His Excellency,
the Governor, for his action, the following bill, signed by the President of
the Senate and the Speaker of the House of Delegates:
??????????? Com. Sub. for S. B. 437,
Discontinuing WV Greyhound Breeding Development Fund.
??????????? Delegate Westfall, Vice Chair of the
Joint Committee on Enrolled Bills, submitted the following report, which was
received:
??????????? Your Joint Committee on Enrolled
Bills has examined, found truly enrolled and, on the 3rd day of April, 2017, presented to His Excellency,
the Governor, for his action, the following bill, signed by the President of
the Senate and the Speaker of the House of Delegates:
Com.
Sub. for S. B. 222, Relating to disqualification for unemployment
benefits.
??????????? Delegate Westfall, Vice Chair of the
Joint Committee on Enrolled Bills, submitted the following report, which was
received:
??????????? Your Joint Committee on Enrolled
Bills has examined, found truly enrolled and, on the 4th day of April, 2017, presented to His Excellency,
the Governor, for his action, the following bill, signed by the President of
the Senate and the Speaker of the House of Delegates:
Com.
Sub. for H. B. 2459, Relating to regulation of health care and the
certificate of need process,
Com.
Sub. for H. B. 2486, Providing that when a party's health condition is
at issue in a civil action, medical records and releases for medical
information may be requested and required without court order,
H. B.
2878, Increasing amount of authorized Federal Grant Anticipation
Notes for which Division of Highways may apply,
And,
H. B.
3106, Relating to increasing the number of limited video lottery terminals.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
??????????? S. B. 219, Relating to conspiracy to commit crimes under Uniform Controlled
Substances Act,
Com. Sub. for S. B. 454, Providing more efficient collection
and submission of state moneys received from court transactions or court
services,
??????????? Com. Sub. for S. B. 515, Relating to parole requirements for
hearings and release,
??????????? And,
??????????? S.
B. 691, Relating to off-road
vehicles,???????
And
reports the same back with the recommendation that they each do pass.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
??????????? Com. Sub. for S. B. 202, Relating to
pawnbrokers generally,
And,
??????????? Com. Sub. for S. B. 116, Authorizing MAPS promulgate legislative
rules,
And
reports the same back, with amendment, with the recommendation that they each
do pass, as amended.
Delegate
Gearheart, Chair of the Committee on Roads and Transportation, submitted the
following report, which was received:
Your
Committee on Roads and Transportation has had under consideration:
H. C. R. 47, U. S. Army CPL
Wilson B. Lambert, Jr. Memorial Road,
H. C. R. 118,
Craddock Brothers Bridge,
S. C. R. 14, US Army PVT
Oren J. "Junior" Johnson Memorial Bridge,
And,
S. C. R. 18, US Marine CPL Walter
Vincent Filipek Memorial Bridge,
And
reports the same back with the recommendation that they each be adopted, but
that they first be referred to the Committee on Rules.
??????????? In accordance with the former
direction of the Speaker, the resolutions (H. C. R. 47, H. C. R. 118, S. C. R.
14 and S. C. R. 18) were each referred to the Committee on Rules.
Chairman
Shott, from the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
S. B. 345, Allowing certain hunting and trapping on
private lands on Sundays,
And,
Com. Sub. for S. B. 388, Relating to dangerous weapons,
And
reports the same back, with amendment, with the recommendation that they each
do pass, as amended.
??????????? At the respective requests of Delegate Cowles, and by
unanimous consent, S. B. 345 was taken up for immediate consideration, read a
first time and ordered to second reading.
Delegate Gearheart, Chair of the
Committee on Roads and Transportation, submitted the following report, which
was received:
Your Committee on Roads and Transportation
has had under consideration:
??????????? H.
C. R. 53, US Army
Corporal Jerry Lee Noble Memorial Bridge,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. C. R. 53 - ?Requesting the Division of Highways to name bridge
number 04-5/6-7.33 (O4A193),
(latitude 38.75026, longitude -80.74277), locally known as the Riffle Box Beam
Bridge, carrying County Route 5/6 over Perkins Fork of Cedar Creek in Braxton
County, as the ?U. S. Army
CPL Jerry Lee Noble Memorial Bridge?,"
??????????? H.
C. R. 64, Gill Brothers World War II Veterans? Memorial Bridge,
And reports back a committee substitute
therefor, with the same title, as follows:
Com.
Sub. for H. C. R. 64 -
?Requesting the Division of Highways to name bridge number 17-50-14.25 (17A195) (39.28950, -80.35136), locally
known as the Adamston
Bridge, carrying U.S. 50 over the West Fork River in Harrison County, the ?Gill
Brothers World War II Veterans? Memorial Bridge?,?
H.
C. R. 65, Hobert G.
?Hobie? Underwood Memorial Bridge,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. C. R. 65 -
?Requesting the Division of Highways to name Bridge No. 20-77-106.11 NB &
SB (20A444, 20A445) (38.41306, -81.63047), locally
known as I-77 Edens Fork Interchange Bridge, carrying Interstate 77 NB and SB
over Kanawha Two-mile Creek and County Route 27 in Kanawha County, the ?U. S. Army SSG Hobert G. ?Hobie? Underwood
Memorial Bridge?,?
H.
C. R. 84, U.S. Army Air Force S/SGT Harold ?Dean? Baker Memorial Bridge,
And reports back a committee substitute
therefor, with the same title, as follows:
Com.
Sub. for H. C. R. 84 -
?Requesting the Division of Highways to name Bridge Number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known
as Gregory Run Bridge carrying County Route 9 over Ten Mile Creek, in Harrison
County, the ?U.S. Army Air Force S/SGT Harold ?Dean? Baker
Memorial Bridge?,?
H.
C. R. 93, Extending WV
Route 93,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. C. R. 93 ?
?Urging the Division of Highways to extend WV Route 93 from its current
terminus at US Route 50 near Claysville, West Virginia through the junction of
WV Route 972 and US Route 50 to create a new terminus at the junction of WV
Route 972 and US Route 220, and to erect signs reflecting this change,?
And,
H.
C. R. 98, John H. Reed,
Jr. Memorial Bridge,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. C. R. 98 -
?Requesting the Division of Highways to name Bridge Number 20-77-83.31 (20A612) (38.19472, -81.47715), carrying
I-77 (West Virginia Turnpike) over the CSX Railroad in Kanawha County, the ?U.
S. Army LTC John H. Reed,
Jr., Memorial Bridge?,?
With the recommendation that the
committee substitutes each be adopted, but that they first be referred to the
Committee on Rules.
??????????? In accordance with the former
direction of the Speaker, the resolutions (Com. Sub. for H. C. R. 53, Com. Sub.
for H. C. R. 64, Com. Sub. for H. C. R. 65, Com. Sub. for H. C. R. 84, Com.
Sub. for H. C. R. 93 and Com. Sub. for H. C. R. 98) were each referred to the
Committee on Rules.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
?Com. Sub. for S. B. 27, Relating to microprocessor permit,
And
reports the same back, with amendment, with the recommendation that it do pass,
as amended.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
?Com. Sub. for S. B. 523, Converting to biweekly pay cycle for state
employees,
And
reports the same back, with amendment, with the recommendation that it do pass,
as amended.
??????????? Delegate Nelson, Chair of the
Committee on Finance, submitted the following report, which was received:
??????????? S. B. 433,
Permitting counties increase excise tax on privilege of transferring real
property,
??????????? Com. Sub. for S. B. 461, Exempting WV State Police from state purchasing
requirements,
??????????? Com. Sub. for S. B. 533, Relating to taxes on wine and intoxicating liquors,
??????????? Com. Sub. for S. B. 486, Relating to health care provider taxes,
??????????? And,
??????????? Com. Sub. for S. B. 535, Reorganizing Division of Tourism,
??????????? And reports the same back with the recommendation that it do
pass.
Messages from the Senate
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
that the Senate had passed, with amendments, a bill of the House of Delegates,
as follows:
??????????? Com.
Sub. for H. B. 2180, Authorizing
the issuance of special ?In God We Trust? motor vehicle registration plates.
??????????? On motion of Delegate Cowles, the
bill was taken up for immediate consideration and the House of Delegates
concurred in the following Senate amendments:
On
page one, by striking out everything after the enacting clause and inserting in
lieu thereof the following:
?That
?17A-3-14 of
the Code of West Virginia, 1931, as amended, be amended and reenacted to read
as follows:
ARTICLE
3. ORIGINAL AND RENEWAL
OF REGISTRATION; ISSUANCE OF CERTIFICATES
OF TITLE.
?17A-3-14. Registration plates
generally; description of plates; issuance of special numbers and plates;
registration fees; special application fees; exemptions; commissioner to
promulgate forms; suspension and nonrenewal.
(a)
The division upon registering a vehicle shall issue to the owner one
registration plate for a motorcycle, trailer, semitrailer or other motor vehicle.
(b)
Registration plates issued by the division shall meet the following
requirements:
(1)
Every registration plate shall be of reflectorized material and have displayed
upon it the registration number assigned to the vehicle for which it is issued;
the name of this state, which may be abbreviated; and the year number for which
it is issued or the date of expiration of the plate.
(2)
Every registration plate and the required letters and numerals on the plate
shall be of sufficient size to be plainly readable from a distance of one
hundred feet during daylight: Provided, That the requirements of this
subdivision shall not apply to the year number for which the plate is issued or
the date of expiration.
(3)
Registration numbering for registration plates shall begin with number two.
(c)
The division may not issue, permit to be issued or distribute any special
registration plates except as follows:
(1)
The Governor shall be issued two registration plates, on one of which shall be
imprinted the numeral one and on the other the word one.
(2)
State officials and judges may be issued special registration plates as
follows:
(A) Upon appropriate
application, the division shall issue to the Secretary of State, State
Superintendent of Schools, Auditor, Treasurer, Commissioner of Agriculture and the Attorney General, the
members of both houses of the Legislature, including the elected officials of
both houses of the Legislature, the justices of the Supreme Court of Appeals of West Virginia,
the representatives and senators of the state in the Congress of the United
States, the judges of the West Virginia circuit courts, active and retired on
senior status, the judges of the United States district courts for the State of
West Virginia and the judges of the United States Court of Appeals for the fourth
circuit, if any of the judges are residents of West Virginia, a special
registration plate for a Class A motor vehicle and a special registration plate for a Class G
motorcycle owned by the official or his or her spouse: Provided, That
the division may issue a Class A special registration plate for each vehicle titled to the
official and a Class G special registration plate for each motorcycle titled to
the official.
(B)
Each plate issued pursuant to this subdivision shall bear any combination of
letters and numbers not to exceed an amount determined by the commissioner and
a designation of the office. Each plate shall supersede the regular numbered
plate assigned to the official or his or her spouse during the official's term
of office and while the motor vehicle is owned by the official or his or her
spouse.
(C)
The division shall charge an annual fee of $15 for every registration plate
issued pursuant to this subdivision, which is in addition to all other fees
required by this chapter.
(3)
The division may issue members of the National Guard forces special
registration plates as follows:
(A) Upon receipt of an
application on a form prescribed by the division and receipt of written
evidence from the chief executive officer of the Army National Guard or Air National Guard, as
appropriate, or the commanding officer of any United States Armed Forces reserve unit
that the applicant is a member thereof, the division shall issue to any member
of the National Guard of this state or a member of any reserve unit of the
United States Armed
Forces a special registration plate designed by the commissioner for any number
of Class A
motor vehicles owned by the member. Upon presentation of written evidence of
retirement status, retired members of this state's Army or Air National Guard, or retired members of any reserve unit of
the United States Armed
Forces, are eligible to purchase the special registration plate issued pursuant
to this subdivision.
(B)
The division shall charge an initial application fee of $10 for each special
registration plate issued pursuant to this subdivision, which is in addition to
all other fees required by this chapter. Except as otherwise provided herein,
effective July 1, 2007, all fees currently held in the special revolving fund
used in the administration of this section and all fees collected by the
division shall be deposited in the State Road Fund.
(C)
A surviving
spouse may continue to use his or her deceased spouse's National Guard forces license
plate until the surviving spouse dies, remarries or does not renew the license
plate.
(4)
Specially arranged registration plates may be issued as follows:
(A) Upon appropriate
application, any owner of a motor vehicle subject to Class A registration, or a
motorcycle subject to Class G registration, as defined by this article, may
request that the division issue a registration plate bearing specially arranged
letters or numbers with the maximum number of letters or numbers to be
determined by the commissioner. The division shall attempt to comply with the
request wherever possible.
(B)
The commissioner shall propose rules for legislative approval in accordance
with the provisions of chapter twenty-nine-a of this code regarding the orderly
distribution of the plates: Provided, That for purposes of this
subdivision, the registration plates requested and issued shall include all
plates bearing the numbers two through two thousand.
(C)
An annual fee
of $15 shall be charged for each special registration plate issued pursuant to
this subdivision, which is in addition to all other fees required by this
chapter.
(5)
The division may issue honorably discharged veterans special registration
plates as follows:
(A) Upon appropriate
application, the division shall issue to any honorably discharged veteran of
any branch of the armed services of the United States a special registration
plate for any number of vehicles titled in the name of the qualified applicant
with an insignia designed by the Commissioner of the Division of Motor Vehicles.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee is to compensate the
Division of Motor Vehicles for additional costs and services required in the
issuing of the special registration. All fees collected by the division shall be deposited in
the State Road Fund: Provided, That nothing in this section may be
construed to exempt any veteran from any other provision of this chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's honorably discharged veterans
license plate until the surviving spouse dies, remarries or does not renew the
license plate.
(6)
The division may issue disabled veterans special registration plates as
follows:
(A) Upon appropriate
application, the division shall issue to any disabled veteran who is exempt
from the payment of registration fees under the provisions of this chapter a
registration plate for a vehicle titled in the name of the qualified applicant
which bears the letters "DV" in red and also the regular
identification numerals in red.
(B)
A surviving
spouse may continue to use his or her deceased spouse's disabled veterans license plate
until the surviving spouse dies, remarries or does not renew the license plate.
(C)
A qualified
disabled veteran may obtain a second disabled veterans license plate as
described in this section for use on a passenger vehicle titled in the name of
the qualified applicant. The division shall charge a one-time fee of $10 to be
deposited into the State Road Fund, in addition to all other fees required by
this chapter, for the second plate.
(7)
The division may issue recipients of the distinguished Purple Heart medal
special registration plates as follows:
(A) Upon appropriate application,
there shall be issued to any armed service person holding the distinguished
Purple Heart medal for persons wounded in combat a registration plate for a
vehicle titled in the name of the qualified applicant bearing letters or
numbers. The registration plate shall be designed by the Commissioner of Motor
Vehicles and shall denote that those individuals who are granted this special
registration plate are recipients of the Purple Heart. All letterings shall be in
purple where practical.
(B)
Registration plates issued pursuant to this subdivision are exempt from all
registration fees otherwise required by the provisions of this chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's Purple Heart medal license plate
until the surviving spouse dies, remarries or does not renew the license plate.
(D)
A recipient of
the Purple Heart medal may obtain a second Purple Heart medal license plate as
described in this section for use on a passenger vehicle titled in the name of
the qualified applicant. The division shall charge a one-time fee of $10 to be
deposited into the State Road Fund, in addition to all other fees required by
this chapter, for the second plate.
(8)
The division may issue survivors of the attack on Pearl Harbor special registration
plates as follows:
(A) Upon appropriate
application, the owner of a motor vehicle who was enlisted in any branch of the
armed services that participated in and survived the attack on Pearl Harbor on
December 7, 1941, the division shall issue a special registration plate for a
vehicle titled in the name of the qualified applicant. The registration plate
shall be designed by the Commissioner of Motor Vehicles.
(B)
Registration plates issued pursuant to this subdivision are exempt from the
payment of all registration fees otherwise required by the provisions of this
chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's survivors of the attack on Pearl
Harbor license plate until the surviving spouse dies, remarries or does not renew
the license plate.
(D)
A survivor of
the attack on Pearl Harbor may obtain a second survivors of the attack on Pearl
Harbor license plate as described in this section for use on a passenger
vehicle titled in the name of the qualified applicant. The division shall
charge a one-time fee of $10 to be deposited into the State Road Fund, in
addition to all other fees required by this chapter, for the second plate.
(9)
The division may issue special registration plates to nonprofit charitable and
educational organizations authorized under prior enactment of this subdivision
as follows:
(A) Approved nonprofit
charitable and educational organizations previously authorized under the prior
enactment of this subdivision may accept and collect applications for special
registration plates from owners of Class A motor vehicles together with a special annual fee of
$15, which is in addition to all other fees required by this chapter. The
applications and fees shall be submitted to the Division of Motor Vehicles with
the request that the division issue a registration plate bearing a combination
of letters or numbers with the organizations' logo or emblem, with the maximum number of letters or
numbers to be determined by the commissioner.
(B)
The commissioner shall propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this code
regarding the procedures for and approval of special registration plates issued
pursuant to this subdivision.
(C)
The commissioner shall set an appropriate fee to defray the administrative
costs associated with designing and manufacturing special registration plates
for a nonprofit charitable or educational organization. The nonprofit
charitable or educational organization shall collect this fee and forward it to
the division for deposit in the State Road Fund. The nonprofit charitable or
educational organization may also collect a fee for marketing the special
registration plates.
(10)
The division may issue specified emergency or volunteer registration plates as
follows:
(A) Any owner of a motor vehicle
who is a resident of the State of West Virginia and who is a certified
paramedic or emergency medical technician, a member of a paid fire department,
a member of the State Fire Commission, the State Fire Marshal, the State Fire
Marshal's
assistants, the State Fire Administrator and voluntary rescue squad members may apply for
a special license plate for any number of Class A vehicles titled in the name of the qualified applicant
which bears the insignia of the profession, group or commission. Any insignia shall be
designed by the commissioner. License plates issued pursuant to this
subdivision shall bear the requested insignia in addition to the registration
number issued to the applicant pursuant to the provisions of this article.
(B)
Each application submitted pursuant to this subdivision shall be accompanied by
an affidavit signed by the fire chief or department head of the applicant
stating that the applicant is justified in having a registration with the
requested insignia; proof of compliance with all laws of this state regarding
registration and licensure of motor vehicles; and payment of all required fees.
(C)
Each application submitted pursuant to this subdivision shall be accompanied by
payment of a special initial application fee of $10, which is in addition to
any other registration or license fee required by this chapter. All special fees shall be
collected by the division and deposited into the State Road Fund.
(11)
The division may issue specified certified firefighter registration plates as
follows:
(A) Any owner of a motor vehicle
who is a resident of the State of West Virginia and who is a certified
firefighter may apply for a special license plate which bears the insignia of the
profession, for any number of Class A vehicles titled in the name of the qualified
applicant. Any
insignia shall be designed by the commissioner. License plates issued pursuant
to this subdivision shall bear the requested insignia pursuant to the provisions
of this article. Upon presentation of written evidence of certification as a
certified firefighter, certified firefighters are eligible to purchase the
special registration plate issued pursuant to this subdivision.
(B)
Each application submitted pursuant to this subdivision shall be accompanied by
an affidavit stating that the applicant is justified in having a registration
with the requested insignia; proof of compliance with all laws of this state
regarding registration and licensure of motor vehicles; and payment of all
required fees. The firefighter certification department, section or division of
the West Virginia University fire service extension shall notify the
commissioner in writing immediately when a firefighter loses his or her
certification. If a firefighter loses his or her certification, the
commissioner may not issue him or her a license plate under this subsection.
(C)
Each application submitted pursuant to this subdivision shall be accompanied by
payment of a special initial application fee of $10, which is in addition to
any other registration or license fee required by this chapter. All special fees shall be
collected by the division and deposited into the State Road Fund.
(12)
The division may issue special scenic registration plates as follows:
(A) Upon appropriate
application, the commissioner shall issue a special registration plate
displaying a scenic design of West Virginia which displays the words "Wild
Wonderful" as a slogan.
(B)
The division shall charge a special one-time initial application fee of $10 in
addition to all other fees required by this chapter. All initial application fees
collected by the division shall be deposited into the State Road Fund.
(13)
The division may issue honorably discharged Marine Corps league members special
registration plates as follows:
(A) Upon appropriate
application, the division shall issue to any honorably discharged Marine Corps
league member a special registration plate for any number of vehicles titled in
the name of the qualified applicant with an insignia designed by the
Commissioner of the Division of Motor Vehicles.
(B)
The division may charge a special one-time initial application fee of $10 in
addition to all other fees required by this chapter. This special fee is to
compensate the Division of Motor Vehicles for additional costs and services
required in the issuing of the special registration and shall be collected by
the division and deposited in the State Road Fund: Provided, That
nothing in this section may be construed to exempt any veteran from any other
provision of this chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's honorably discharged Marine
Corps league license plate until the surviving spouse dies, remarries or does
not renew the license plate.
(14)
The division may issue military organization registration plates as follows:
(A) The division may issue a
special registration plate for the members of any military organization
chartered by the United States Congress upon receipt of a guarantee from the
organization of a minimum of one hundred applicants. The insignia on the plate
shall be designed by the commissioner.
(B)
Upon appropriate application, the division may issue members of the chartered
organization in good standing, as determined by the governing body of the
chartered organization, a special registration plate for any number of vehicles
titled in the name of the qualified applicant.
(C)
The division shall charge a special one-time initial application fee of $10 for
each special license plate in addition to all other fees required by this
chapter. All
initial application fees collected by the division shall be deposited into the
State Road Fund: Provided, That nothing in this section may be construed
to exempt any veteran from any other provision of this chapter.
(D)
A surviving
spouse may continue to use his or her deceased spouse's military organization
registration plate until the surviving spouse dies, remarries or does not renew
the special military organization registration plate.
(15)
The division may issue special nongame wildlife registration plates and special
wildlife registration plates as follows:
(A) Upon appropriate
application, the division shall issue a special registration plate displaying a
species of West Virginia wildlife which shall display a species of wildlife
native to West Virginia as prescribed and designated by the commissioner and
the Director of the Division of Natural Resources.
(B)
The division shall charge an annual fee of $15 for each special nongame
wildlife registration plate and each special wildlife registration plate in
addition to all other fees required by this chapter. All annual fees collected
for nongame wildlife registration plates and wildlife registration plates shall
be deposited in a special revenue account designated the Nongame Wildlife Fund
and credited to the Division of Natural Resources.
(C)
The division shall charge a special one-time initial application fee of $10 in
addition to all other fees required by this chapter. All initial application fees
collected by the division shall be deposited in the State Road Fund.
(16)
The division may issue members of the Silver Haired Legislature special
registration plates as follows:
(A) Upon appropriate
application, the division shall issue to any person who is a duly qualified
member of the Silver Haired Legislature a specialized registration plate which
bears recognition of the applicant as a member of the Silver Haired
Legislature.
(B)
A qualified
member of the Silver Haired Legislature may obtain one registration plate
described in this subdivision for use on a passenger vehicle titled in the name
of the qualified applicant. The division shall charge an annual fee of $15, in
addition to all other fees required by this chapter, for the plate. All annual fees collected by
the division shall be deposited in the State Road Fund.
(17)
Upon appropriate application, the commissioner shall issue to a classic motor
vehicle or classic motorcycle as defined in section three-a, article ten of
this chapter, a special registration plate designed by the commissioner. An annual fee of $15, in
addition to all other fees required by this chapter, shall be charged for each
classic registration plate.
(18)
Honorably discharged veterans may be issued special registration plates for
motorcycles subject to Class G registration as follows:
(A) Upon appropriate
application, there shall be issued to any honorably discharged veteran of any
branch of the armed services of the United States a special registration plate
for any number of motorcycles subject to Class G registration titled in the
name of the qualified applicant with an insignia designed by the Commissioner
of the Division of Motor Vehicles.
(B)
A special
initial application fee of $10 shall be charged in addition to all other fees
required by law. This special fee is to be collected by the division and
deposited in the State Road Fund: Provided, That nothing in this section
may be construed to exempt any veteran from any other provision of this
chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's honorably discharged veterans
license plate until the surviving spouse dies, remarries or does not renew the
license plate.
(19)
Racing theme special registration plates:
(A) The division may issue a
series of special registration plates displaying National Association for Stock Car Auto Racing themes.
(B)
An annual fee
of $25 shall be charged for each special racing theme registration plate in
addition to all other fees required by this chapter. All annual fees collected
for each special racing theme registration plate shall be deposited into the
State Road Fund.
(C)
A special
application fee of $10 shall be charged at the time of initial application as
well as upon application for any duplicate or replacement registration plate,
in addition to all other fees required by this chapter. All application fees shall
be deposited into the State Road Fund.
(20)
The division may issue recipients of the Navy Cross, Distinguished Service
Cross, Distinguished Flying Cross, Air Force Cross, Bronze Star, Silver Star or Air Medal special
registration plates as follows:
(A) Upon appropriate
application, the division shall issue to any recipient of the Navy Cross,
Distinguished Service Cross, Distinguished Flying Cross, Air Force Cross, Silver
Star, Bronze Star or Air Medal, a registration plate for any number of vehicles
titled in the name of the qualified applicant bearing letters or numbers. A separate registration
plate shall be designed by the Commissioner of Motor Vehicles for each award
that denotes that those individuals who are granted this special registration
plate are recipients of the Navy Cross, Distinguished Service Cross,
Distinguished Flying Cross, Air Force Cross, Silver Star or Bronze Star, or Air Medal as applicable.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund: Provided, That nothing in
this section exempts the applicant for a special registration plate under this
subdivision from any other provision of this chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's Navy Cross, Distinguished
Service Cross, Distinguished Flying Cross, Air Force Cross, Silver Star, Bronze Star or Air Medal special
registration plate until the surviving spouse dies, remarries or does not renew
the special registration plate.
(21)
The division may issue honorably discharged veterans special registration
plates as follows:
(A) Upon appropriate
application, the division shall issue to any honorably discharged veteran of
any branch of the armed services of the United States with verifiable service
during World War II, the Korean War, the Vietnam War, the Persian Gulf War or
the War Against
Terrorism a special registration plate for any number of vehicles titled in the
name of the qualified applicant with an insignia designed by the commissioner
denoting service in the applicable conflict.
(B)
The division shall charge a special one-time initial application fee of $10 in
addition to all other fees required by law. This special fee shall be collected
by the division and deposited in the State Road Fund: Provided, That
nothing contained in this section may be construed to exempt any veteran from
any other provision of this chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's honorably discharged veterans
registration plate until the surviving spouse dies, remarries or does not renew
the special registration plate.
(22)
The division may issue special volunteer firefighter registration plates as
follows:
(A) Any owner of a motor vehicle
who is a resident of West Virginia and who is a volunteer firefighter may apply
for a special license plate for any Class A vehicle titled in the name of the qualified applicant
which bears the insignia of the profession in white letters on a red
background. The insignia shall be designed by the commissioner and shall
contain a fireman's
helmet insignia on the left side of the license plate.
(B)
Each application submitted pursuant to this subdivision shall be accompanied by
an affidavit signed by the applicant's fire chief, stating that the applicant is a volunteer
firefighter and justified in having a registration plate with the requested
insignia. The applicant must comply with all other laws of this state regarding
registration and licensure of motor vehicles and must pay all required fees.
(C)
Each application submitted pursuant to this subdivision shall be accompanied by
payment of a special one-time initial application fee of $10, which is in
addition to any other registration or license fee required by this chapter. All application fees shall
be deposited into the State Road Fund.
(23)
The division may issue special registration plates which reflect patriotic
themes, including the display of any United States symbol, icon, phrase or
expression which evokes patriotic pride or recognition. The division shall
also issue registration plates with the words ?In God We Trust?.
(A) Upon appropriate
application, the division shall issue to an applicant a registration plate of
the applicant's
choice, displaying a patriotic theme as provided in this subdivision, for a
vehicle titled in the name of the applicant. A series of registration plates displaying patriotic
themes shall be designed by the Commissioner of Motor Vehicles for distribution
to applicants.
(B)
The division shall charge a special one-time initial application fee of $10 in
addition to all other fees required by law. This special fee shall be collected
by the division and deposited in the State Road Fund.
(C)
The provisions of subsection (d) of this section are not applicable for the
issuance of the license plates designated by this subdivision.
(24)
Special license plates bearing the American flag and the logo "9/11/01".
(A) Upon appropriate
application, the division shall issue special registration plates which shall
display the American
flag and the logo "9/11/01".
(B)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(C)
A special
application fee of $10 shall be charged at the time of initial application as
well as upon application for any duplicate or replacement registration plate,
in addition to all other fees required by this chapter. All application fees shall
be deposited into the State Road Fund.
(25)
The division may issue a special registration plate celebrating the centennial
of the 4-H youth development movement and honoring the Future Farmers of America organization as
follows:
(A) Upon appropriate
application, the division may issue a special registration plate depicting the
symbol of the 4-H organization which represents the head, heart, hands and
health as well as the symbol of the Future Farmers of America organization which
represents a cross section of an ear of corn for any number of vehicles titled
in the name of the qualified applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
The division shall charge an annual fee of $15 for each special 4-H Future
Farmers of America
registration plate in addition to all other fees required by this chapter.
(26)
The division may issue special registration plates to educators in the state's
elementary and secondary schools and in the state's institutions of higher education
as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
The division shall charge an annual fee of $15 for each special educator
registration plate in addition to all other fees required by this chapter.
(27)
The division may issue special registration plates to members of the Nemesis
Shrine as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant. Persons desiring the special registration plate shall offer
sufficient proof of membership in Nemesis Shrine.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(D)
Notwithstanding the provisions of subsection (d) of this section, the time
period for the Nemesis Shrine to comply with the minimum one hundred prepaid
applications is hereby extended to January 15, 2005.
(28)
The division may issue volunteers and employees of the American Red Cross special
registration plates as follows:
(A) Upon appropriate
application, the division shall issue to any person who is a duly qualified
volunteer or employee of the American Red Cross a specialized registration plate which
bears recognition of the applicant as a volunteer or employee of the American Red Cross for any
number of vehicles titled in the name of the qualified applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(29)
The division shall issue special registration plates to individuals who have
received either the Combat Infantry Badge or the Combat Medic Badge as follows:
(A) Upon appropriate
application, the division shall issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant. Persons desiring the special registration plate shall offer
sufficient proof that they have received either the Combat Infantry Badge or
the Combat Medic Badge.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(30)
The division may issue special registration plates to members of the Knights of
Columbus as follows:
(A) Upon appropriate
application, the division shall issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant. Persons desiring the special registration plate shall offer
sufficient proof of membership in the Knights of Columbus.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(D)
Notwithstanding the provisions of subsection (d) of this section, the time
period for the Knights of Columbus to comply with the minimum one hundred
prepaid applications is hereby extended to January 15, 2007.
(31)
The division may issue special registration plates to former members of the
Legislature as follows:
(A) Upon appropriate
application, the division shall issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant. Persons desiring the special registration plate shall offer
sufficient proof of former service as an elected or appointed member of the
West Virginia House of Delegates or the West Virginia Senate.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund. The design of the plate shall
indicate total years of service in the Legislature.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(32)
Democratic state or county executive committee member special registration
plates:
(A) The division shall design
and issue special registration plates for use by democratic state or county
executive committee members. The design of the plates shall include an insignia
of a donkey and shall differentiate by wording on the plate between state and
county executive committee members.
(B)
An annual fee
of $25 shall be charged for each democratic state or county executive committee
member registration plate in addition to all other fees required by this
chapter. All
annual fees collected for each special plate issued under this subdivision
shall be deposited into the State Road Fund.
(C)
A special
application fee of $10 shall be charged at the time of initial application as
well as upon application for any duplicate or replacement registration plate,
in addition to all other fees required by this chapter. All application fees shall
be deposited into the State Road Fund.
(D)
The division shall not begin production of a plate authorized under the
provisions of this subdivision until the division receives at least one hundred
completed applications from the state or county executive committee members,
including all fees required pursuant to this subdivision.
(E)
Notwithstanding the provisions of subsection (d) of this section, the time
period for the democratic executive committee to comply with the minimum one
hundred prepaid applications is hereby extended to January 15, 2005.
(33)
The division may issue honorably discharged female veterans special
registration plates as follows:
(A) Upon appropriate
application, there shall be issued to any female honorably discharged veteran,
of any branch of the armed services of the United States, a special
registration plate for any number of vehicles titled in the name of the
qualified applicant with an insignia designed by the Commissioner of the
Division of Motor Vehicles to designate the recipient as a woman veteran.
(B)
A special
initial application fee of $10 shall be charged in addition to all other fees
required by law. This special fee shall be collected by the division and
deposited in the State Road Fund: Provided, That nothing in this section
may be construed to exempt any veteran from any other provision of this
chapter.
(C)
A surviving
spouse may continue to use his deceased spouse's honorably discharged veterans
license plate until the surviving spouse dies, remarries or does not renew the
license plate.
(34)
The division may issue special registration plates bearing the logo, symbol,
insignia, letters or words demonstrating association with West Liberty State
College to any resident owner of a motor vehicle. Resident owners may apply for
the special license plate for any number of Class A vehicles titled in the
name of the applicant. The special registration plates shall be designed by the
commissioner. Each application submitted pursuant to this subdivision shall be
accompanied by payment of a special initial application fee of $15, which is in
addition to any other registration or license fee required by this chapter. The
division shall charge an annual fee of $15 for each special registration plate
in addition to all other fees required by this chapter. All special fees shall be
collected by the division and deposited into the State Road Fund.
(35)
The division may issue special registration plates to members of the Harley
Owners Group as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant. Persons desiring the special registration plate shall offer
sufficient proof of membership in the Harley Owners Group.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(36)
The division may issue special registration plates for persons retired from any
branch of the armed services of the United States as follows:
(A) Upon appropriate
application, there shall be issued to any person who has retired after service
in any branch of the armed services of the United States, a special
registration plate for any number of vehicles titled in the name of the
qualified applicant with an insignia designed by the Commissioner of the
Division of Motor Vehicles to designate the recipient as retired from the armed
services of the United States.
(B)
A special
initial application fee of $10 shall be charged in addition to all other fees
required by law. This special fee shall be collected by the division and
deposited in the State Road Fund: Provided, That nothing in this section
may be construed to exempt any registrants from any other provision of this
chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's retired military license plate
until the surviving spouse dies, remarries or does not renew the license plate.
(37)
The division may issue special registration plates bearing the logo, symbol,
insignia, letters or words demonstrating association with or support for
Fairmont State College as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by the
commissioner for any number of vehicles titled in the name of the qualified
applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(38)
The division may issue special registration plates honoring the farmers of West
Virginia as follows:
(A) Any owner of a motor vehicle
who is a resident of West Virginia may apply for a special license plate
depicting a farming scene or other apt reference to farming, whether in
pictures or words, at the discretion of the commissioner.
(B)
The division shall charge a special initial application fee of $10. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(39)
The division shall issue special registration plates promoting education as
follows:
(A) Upon appropriate
application, the division shall issue a special registration plate displaying a
children's
education-related theme as prescribed and designated by the commissioner and
the State Superintendent of Schools.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(40)
The division may issue members of the 82nd Airborne Division Association special registration plates as follows:
(A) The division may issue a
special registration plate for members of the 82nd Airborne Division Association upon receipt of
a guarantee from the organization of a minimum of one hundred applicants. The
insignia on the plate shall be designed by the commissioner.
(B)
Upon appropriate application, the division may issue members of the 82nd Airborne Division Association in good
standing, as determined by the governing body of the organization, a special
registration plate for any number of vehicles titled in the name of the
qualified applicant.
(C)
The division shall charge a special one-time initial application fee of $10 for
each special license plate in addition to all other fees required by this
chapter. All
initial application fees collected by the division shall be deposited into the
State Road Fund: Provided, That nothing in this section may be construed
to exempt the applicant from any other provision of this chapter.
(D)
A surviving
spouse may continue to use his or her deceased spouse's special 82nd Airborne Division Association registration
plate until the surviving spouse dies, remarries or does not renew the special
registration plate.
(41)
The division may issue special registration plates to survivors of wounds
received in the line of duty as a member with a West Virginia law enforcement
agency.
(A) Upon appropriate
application, the division shall issue to any member of a municipal police
department, sheriff's
department, the State Police or the law enforcement division of the Division of
Natural Resources who has been wounded in the line of duty and awarded a Purple
Heart in recognition thereof by the West Virginia Chiefs of Police Association, the West
Virginia Sheriffs' Association, the West
Virginia Troopers Association
or the Division of Natural Resources a special registration plate for one
vehicle titled in the name of the qualified applicant with an insignia
appropriately designed by the commissioner.
(B)
Registration plates issued pursuant to this subdivision are exempt from the
registration fees otherwise required by the provisions of this chapter.
(C)
A surviving
spouse may continue to use his or her deceased spouse's special registration plate until
the surviving spouse dies, remarries or does not renew the plate.
(D)
Survivors of wounds received in the line of duty as a member with a West
Virginia law-enforcement agency may obtain a license plate as described in this
section for use on a passenger vehicle titled in the name of the qualified
applicant. The division shall charge a one-time fee of $10 to be deposited into
the State Road Fund, in addition to all other fees required by this chapter,
for the second plate.
(42)
The division may issue a special registration plate for persons who are Native Americans and residents of
this state.
(A) Upon appropriate
application, the division shall issue to an applicant who is a Native American resident of West
Virginia a registration plate for a vehicle titled in the name of the applicant
with an insignia designed by the Commissioner of the Division of Motor Vehicles
to designate the recipient as a Native American.
(B)
The division shall charge a special one-time initial application fee of $10 in
addition to all other fees required by law. This special fee shall be collected
by the division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(43)
The division may issue special registration plates commemorating the centennial
anniversary of the creation of Davis and Elkins College as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner to commemorate the centennial anniversary of Davis and Elkins
College for any number of vehicles titled in the name of the applicant.
(B)
The division shall charge a special initial application fee of $10. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(44)
The division may issue special registration plates recognizing and honoring
breast cancer survivors.
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner to recognize and honor breast cancer survivors, such plate to
incorporate somewhere in the design the "pink ribbon emblem", for any number of vehicles titled in the name of
the applicant.
(B)
The division shall charge a special initial application fee of $10. This
special fee shall be deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(45)
The division may issue special registration plates to members of the Knights of
Pythias or Pythian Sisters as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant. Persons desiring the special registration plate shall offer
sufficient proof of membership in the Knights of Pythias or Pythian Sisters.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(46)
The commissioner may issue special registration plates for whitewater rafting
enthusiasts as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
The division shall charge an annual fee of $15 for each special registration
plate in addition to all other fees required by this chapter.
(47)
The division may issue special registration plates to members of Lions
International as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner in consultation with Lions International for any number of
vehicles titled in the name of the qualified applicant. Persons desiring the
special registration plate shall offer sufficient proof of membership in Lions International.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(48)
The division may issue special registration plates supporting organ donation as
follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner which recognizes, supports and honors organ and tissue donors
and includes the words "Donate
Life".
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(49)
The division may issue special registration plates to members of the West
Virginia Bar Association
as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner in consultation with the West Virginia Bar Association for any number
of vehicles titled in the name of the qualified applicant. Persons desiring the
special registration plate shall offer sufficient proof of membership in the
West Virginia Bar Association.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(50)
The division may issue special registration plates bearing an appropriate logo,
symbol or insignia combined with the words "SHARE THE ROAD"
designed to promote bicycling in the state as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the
applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(51)
The division may issue special registration plates honoring coal miners and
the coal industry as follows:
(A) Upon appropriate
application, the division shall issue a special registration plate depicting
and displaying coal miners in mining activities as prescribed and designated by
the commissioner and the board of the National Coal Heritage Area Authority. The division
may also issue registration plates with the words ?Friends of Coal?.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(D)
The provisions of subsection (d) of this section are not applicable for the
issuance of the license plates designated by this subdivision.
(52)
The division may issue special registration plates to present and former Boy
Scouts as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant. Persons desiring the special registration plate shall offer
sufficient proof of present or past membership in the Boy Scouts as either a
member or a leader.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(53)
The division may issue special registration plates to present and former Boy
Scouts who have achieved Eagle Scout status as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant. Persons desiring the special registration plate shall offer
sufficient proof of achievement of Eagle Scout status.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be deposited in the
State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(54)
The division may issue special registration plates recognizing and
memorializing victims of domestic violence.
(A) Upon appropriate
application, the division may issue a special registration plate designed by the
commissioner to recognize and memorialize victims of domestic violence, such
plate to incorporate somewhere in the design the "purple ribbon emblem",
for any number of vehicles titled in the name of the applicant.
(B)
The division shall charge a special initial application fee of $10. This
special fee shall be deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(55)
The division may issue special registration plates bearing the logo, symbol,
insignia, letters or words demonstrating association with or support for the
University of Charleston as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(56)
The division may issue special registration plates to members of the Sons of
the American
Revolution as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner in consultation with the Sons of the American Revolution for any
number of vehicles titled in the name of the qualified applicant. Persons
desiring the special registration plate shall offer sufficient proof of
membership in the Sons of the American Revolution.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
An annual fee
of $15 shall be charged for each plate in addition to all other fees required
by this chapter.
(57)
The commissioner may issue special registration plates for horse enthusiasts as
follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
The division shall charge an annual fee of $15 for each special registration
plate in addition to all other fees required by this chapter.
(58)
The commissioner may issue special registration plates to the next of kin of a
member of any branch of the armed services of the United States killed in
combat as follows:
(A) Upon appropriate application,
the division shall issue a special registration plate for any number of
vehicles titled in the name of a qualified applicant depicting the Gold Star
awarded by the United States Department of Defense as prescribed and designated
by the commissioner.
(B)
The next of kin shall provide sufficient proof of receiving a Gold Star lapel
button from the United States Department of Defense in accordance with Public
Law 534, 89th Congress, and criteria established by the United States
Department of Defense, including criteria to determine next of kin.
(C)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(D)
The provisions of subsection (d) of this section are not applicable for the
issuance of the special license plates designated by this subdivision.
(59)
The commissioner may issue special registration plates for retired or former
Justices of the Supreme Court of Appeals of West Virginia as follows:
(A) Upon appropriate
application, the division may issue a special registration plate designed by
the commissioner for any number of vehicles titled in the name of the qualified
applicant.
(B)
The division shall charge a special initial application fee of $10 in addition
to all other fees required by law. This special fee shall be collected by the
division and deposited in the State Road Fund.
(C)
The division shall charge an annual fee of $15 for each special registration
plate in addition to all other fees required by this chapter.
(D)
The provisions of subsection (d) of this section are not applicable for the
issuance of the special license plates designated by this subdivision.
(60)
Upon approval by the commissioner of an appropriate application, and upon all
requirements of this subdivision being satisfied, the division may issue
special registration plates for class A and class G motor vehicles to members of an
organization for which a special registration plate has not been issued
pursuant to any other subdivision in this subsection prior to January 1, 2010,
in accordance with the provisions of this subdivision.
(A) An organization desiring to
create a special registration plate must comply with the following requirements
to be eligible to apply for the creation and issuance of a special registration
plate:
(i)
The organization must be a nonprofit organization organized and existing under
Section 501(c)(3) of Title 26 of the Internal Revenue Code and based,
headquartered or have a chapter in West Virginia;
(ii)
The organization may be organized for, but may not be restricted to, social,
civic, higher education or entertainment purposes;
(iii)
The organization may not be a political party and may not have been created or
exist primarily to promote a specific political or social belief, as determined
by the commissioner in his or her sole discretion;
(iv)
The organization may not have as its primary purpose the promotion of any
specific faith, religion, religious belief or antireligion;
(v)
The name of the organization may not be the name of a special product or brand
name, and may not be construed, as determined by the commissioner, as promoting
a product or brand name; and
(vi)
The organization's
lettering, logo, image or message to be placed on the registration plate, if
created, may not be obscene, offensive or objectionable as determined by the
commissioner in his or her sole discretion.
(B)
Beginning July 1, 2010, an organization requesting the creation and issuance of
a special registration plate may make application with the division. The
application shall include sufficient information, as determined by the
commissioner, to determine whether the special registration plate requested and
the organization making the application meet all of the requirements set forth
in this subdivision (60). The application shall also include a proposed design,
including lettering, logo, image or message to be placed on the registration
plate. The commissioner shall notify the organization of the commissioner's
approval or disapproval of the application.
(C)(i)
The commissioner may not begin the design or production of any license plates
authorized and approved pursuant to this subdivision (60), subsection (c) of
this section until the organization which applied for the special registration
plate has collected and submitted collectively to the division applications
completed by at least two hundred fifty persons and collectively deposited with
the division all fees necessary to cover the first year's basic registration, one-time
design and manufacturing costs and to cover the first year additional annual
fee for all of the applications submitted.
(ii)
If the organization fails to submit the required number of applications and
fees within six months of the effective date of the approval of the application
for the plate by the commissioner, the plate will not be produced until a new
application is submitted and is approved by the commissioner: Provided,
That an organization that is unsuccessful in obtaining the minimum number of
applications may not make a new application for a special plate until at least
two years have passed since the approval of the previous application of the
organization.
(D)
The division shall charge a special initial application fee of $25 for each
special license plate in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(E)
The division shall charge an annual fee of $15 for each special registration
plate in addition to all other fees required by this chapter.
(F)
Upon appropriate application, the division may issue a special registration
plate designed by the commissioner in consultation with the organization for
any number of vehicles titled in the name of a qualified registration plate
applicant. Persons desiring the special registration plate shall offer
sufficient proof of membership in the organization.
(G)
The commissioner shall discontinue the issuance or renewal of the registration
of any special plate issued pursuant to this subdivision (60) if:
(i)
The number of valid registrations for the specialty plate falls below two
hundred fifty plates for at least twelve consecutive months; or
(ii)
The organization no longer exists or no longer meets the requirements of this
subdivision.
(d)
The minimum number of applications required prior to design and production of a
special license plate shall be as follows:
(1)
The commissioner may not begin the design or production of any license plates
for which eligibility is based on membership or affiliation with a particular
private organization until at least one hundred persons complete an application
and deposit with the organization a check to cover the first year's
basic registration, one-time design and manufacturing costs and to cover the
first year additional annual fee. If the organization fails to submit the
required number of applications with attached checks within six months of the
effective date of the original authorizing legislation, the plate will not be
produced and will require legislative reauthorization: Provided, That an
organization or group that is unsuccessful in obtaining the minimum number of
applications may not request reconsideration of a special plate until at least
two years have passed since the effective date of the original authorization: Provided,
however, That the provisions of this subdivision (1) are not applicable to
the issuance of plates authorized pursuant to subdivision (60), subsection (c) of
this section.
(2)
The commissioner may not begin the design or production of any license plates
authorized by this section for which membership or affiliation with a
particular organization is not required until at least two hundred fifty
registrants complete an application and deposit a fee with the division to
cover the first year's
basic registration fee, one-time design and manufacturing fee and additional
annual fee if applicable. If the commissioner fails to receive the required
number of applications within six months of the effective date of the original
authorizing legislation, the plate will not be produced and will require
legislative reauthorization: Provided, That if the minimum number of
applications is not satisfied within the six months of the effective date of
the original authorizing legislation, a person may not request reconsideration
of a special plate until at least two years have passed since the effective
date of the original authorization.
(e)
(1) Nothing in this section requires a charge for a free prisoner of war
license plate or a free recipient of the Congressional Medal of Honor license
plate for a vehicle titled in the name of the qualified applicant as authorized
by other provisions of this code.
(2)
A surviving
spouse may continue to use his or her deceased spouse's prisoner of war license plate or
Congressional Medal of Honor license plate until the surviving spouse dies,
remarries or does not renew the license plate.
(3)
Qualified former prisoners of war and recipients of the Congressional Medal of
Honor may obtain a second special registration plate for use on a passenger
vehicle titled in the name of the qualified applicant. The division shall
charge a one-time fee of $10 to be deposited into the State Road Fund, in addition
to all other fees required by this chapter, for the second special plate.
(f)
The division may issue special ten-year registration plates as follows:
(1)
The commissioner may issue or renew for a period of no more than ten years any
registration plate exempted from registration fees pursuant to any provision of
this code or any restricted use antique motor vehicle license plate authorized
by section three-a, article ten of this chapter: Provided, That the
provisions of this subsection do not apply to any person who has had a special
registration suspended for failure to maintain motor vehicle liability
insurance as required by section three, article two-a, chapter seventeen-d of
this code or failure to pay personal property taxes as required by section three-a
of this article.
(2)
An initial
nonrefundable fee shall be charged for each special registration plate issued
pursuant to this subsection, which is the total amount of fees required by
section fifteen, article ten of this chapter, section three, article three of
this chapter or section three-a, article ten of this chapter for the period
requested.
(g)
The provisions of this section may not be construed to exempt any registrant
from maintaining motor vehicle liability insurance as required by section three,
article two-a, chapter seventeen-d of this code or from paying personal
property taxes on any motor vehicle as required by section three-a of this
article.
(h)
The commissioner may, in his or her discretion, issue a registration plate of
reflectorized material suitable for permanent use on motor vehicles, trailers
and semitrailers, together with appropriate devices to be attached to the
registration to indicate the year for which the vehicles have been properly
registered or the date of expiration of the registration. The design and
expiration of the plates shall be determined by the commissioner. The
commissioner shall, whenever possible and cost effective, implement the latest
technology in the design, production and issuance of registration plates, indices
of registration renewal and vehicle ownership documents, including, but not
limited to, offering Internet renewal of vehicle registration and the use of
bar codes for instant identification of vehicles by scanning equipment to
promote the efficient and effective coordination and communication of data for
improving highway safety, aiding law enforcement and enhancing revenue
collection.
(i) Any license plate issued or renewed pursuant to this chapter
which is paid for by a check that is returned for nonsufficient funds is void
without further notice to the applicant. The applicant may not reinstate the
registration until the returned check is paid by the applicant in cash, money
order or certified check and all applicable fees assessed as a result thereof
have been paid.?
And,
??????????? By amending the title of the bill to
read as follows:
??????????? Com.
Sub. for H. B. 2180 ? ?A
Bill to amend and reenact ?17A-3-14
of the Code of West Virginia, 1931, as amended, relating to the issuance of ?In
God We Trust? and ?Friends of Coal? motor vehicle registration plates.?
??????????? The bill, as amended by the Senate,
was then put upon its passage.
??????????? On
the passage of the bill, the yeas and nays were taken (Roll No. 337), 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: Hicks.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2180) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
that the Senate had refused to concur in the House amendment to the Senate
amendment and requested the House of Delegates to agree to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of
the two houses as to
??????????? Com.
Sub. for H. B. 2447, Renaming the Court of Claims the state Claims
Commission.
??????????? The message further announced that
the President of the Senate had appointed as conferees on the part of the
Senate the following:
??????????? Senators Weld, Maynard and Jeffries.
??????????? On motion of Delegate Cowles, the
House of Delegates agreed to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses.
??????????? Whereupon,
??????????? The Speaker appointed as conferees
on the part of the House of Delegates the following:
??????????? Delegates Zatezalo, O'Neal and R.
Miller.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
concurrence in the House of Delegates amendment, with a title amendment, and
the passage, as amended, of
??????????? Com.
Sub. for S. B. 151, Authorizing
Department of Administration
promulgate legislative rules.
??????????? On motion of Delegate Cowles, the
House of Delegates concurred in the following Senate title amendment:
Com. Sub. for S. B. 151 ? ?A Bill to amend and reenact ?64-2-1 and ?64-2-2 of the Code
of West Virginia, 1931, as amended, all relating generally to the promulgation
of legislative rules by various executive or administrative agencies of the
state; authorizing certain agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee; authorizing the Board of Risk and Insurance
Management to promulgate a legislative rule relating to the Patient Injury
Compensation Fund; authorizing the Board of Risk and Insurance Management to
promulgate a legislative rule relating to mine subsidence insurance; and
authorizing the Ethics Commission to promulgate a legislative rule relating to
the use of office for private gain, including nepotism.?
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 338), and there were--yeas
97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Frich and Sobonya.
??????????? Absent and Not Voting: Boggs.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 151) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 339), and there
were--yeas 99, nays none, absent and not voting 1, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Boggs.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 151) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Special Calendar
Unfinished Business
??????????? Com.
Sub. for H. C. R. 78, Almond
Brothers and Family Veterans Bridge; coming up in regular order, as unfinished
business, was reported by the Clerk.
??????????? On motion of Delegates Cowles and
Moye, the resolution was amended on page one, line one, by striking out the
remainder of the resolution and inserting in lieu thereof the following:
??????????? Com.
Sub. for H. C. R. 78 - ?Requesting the Division of Highways to name Bridge
Number 41-16-16.34 (41A163)
(37.76565, -81.20389), locally known as Mabscott Overhead Bridge, carrying WV
16 over WV 16 Ramps, CSX railroad, City Street, Whitestick Creek in Raleigh
County as the ?Almond
Brothers and Family Veterans Bridge?.?
Whereas, John
William Almond, Levi Garfield ?Al? Almond, Richard Ray Almond,
Frederick Lee Almond, Robert Loren
?Jack? Almond and Gerald Ross Almond were brothers from Raleigh County, the
sons of Levi and Jennie Almond;
and
Whereas, All six Almond brothers served in the Armed Forces of the United States; and
Whereas, John W. Almond served in the United States Navy from
October 1943 through February 1946; and
Whereas, Levi G. Almond served in the United States Navy from
July 1941 through October 1945; and
Whereas, Richard
R. Almond served in the United
States Army Air Corps and United States Air Force from February 1946 through December
1947; and
Whereas,
Frederick L. Almond served in
the United States Air Force
from November 1947 through January 1959 and in the West Virginia National Guard
from January 1959 through March 1986; and
Whereas, Robert
L. Almond served in the United
States Army from January 1949
through June 1952 during the Korean War and then reenlisted in the United
States Navy from January 1955 through July 1972; and
Whereas, Gerald
R. Almond served in the United
States Air Force from June 1952
through February 1959 and was killed while piloting a jet; and
Whereas, Service
to country is a family tradition for the Almond brothers, their three sons and other family members serving in
various branches of the Armed
Forces of the United States; and
Whereas, It is
fitting to honor John William Almond,
Levi Garfield ?Al? Almond, Richard Ray Almond, Frederick Lee Almond, Robert Loren ?Jack? Almond and Gerald Ross Almond for their service to their community,
their state and their country by naming the bridge near MacArthur in Raleigh County on WV State Route 16
where it crosses Whitestick Creek as the ?Almond Brothers and Family Veterans Bridge?; therefore, be it
Resolved by the Legislature of West
Virginia:
That the
Legislature hereby requests the Division of Highways to name Bridge Number
41-16-16.34 (41A163) (37.76565,
-81.20389), locally known as Mabscott Overhead Bridge, carrying WV 16 over WV
16 Ramps, CSX railroad, City Street, Whitestick Creek in Raleigh County as the
?Almond Brothers and Family
Veterans Bridge?; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge, both east
bound and west bound, as the ?Almond
Brothers and Family Veterans Bridge?; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Secretary of the Department
of Transportation.
The
resolution was then adopted.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? The following resolutions, coming up
in regular order, as unfinished business, were reported by the Clerk and
adopted:
??????????? H.
C. R. 96, U. S. Marine
Corps Cpl Mark Douglas Cool Memorial Bridge,
??????????? And,
??????????? H.
C. R. 103, U S Army PFC Tracy Victor Rohrbaugh Memorial
Bridge.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Third Reading
??????????? S. B. 28,
Creating new system for certain contiguous counties to establish regional
recreation authorities; on third reading, coming up in regular order, was read
a third time.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 340), and there were--yeas
90, nays 10, absent and not voting none, with the nays being as follows:
??????????? Nays: Dean, Eldridge, E. Evans,
Marcum, Martin, Maynard, R. Miller, Paynter, Rodighiero and Thompson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 28) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S. B. 169,
Repealing article providing assistance to Korea and Vietnam veterans exposed to
certain chemical defoliants; 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. 341), and there were--yeas 60, nays 40, absent and not voting none,
with the nays being as follows:
??????????? Nays: Barrett, Bates, Boggs, Brewer,
Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Fluharty, Folk, Frich,
Hamilton, Hicks, Hollen, Hornbuckle, Isner, Kelly, Lewis, Longstreth, Lovejoy, Marcum,
McGeehan, Miley, R. Miller, Moye, Paynter, Pethtel, Pushkin, Pyles, Robinson,
Rodighiero, R. Romine, Rowe, Sponaugle, Thompson, Wagner, Ward and Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 169) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? S.
B. 170, Repealing state
hemophilia program; on third reading, coming up in regular order, was read a
third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 342), and there were--yeas 70, nays 30, absent and not voting none,
with the nays being as follows:
??????????? Nays: Barrett, Byrd, Canestraro,
Caputo, Diserio, Eldridge, E. Evans, Fleischauer, Fluharty, Hicks, Hornbuckle,
Isner, Kelly, Longstreth, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye,
Pushkin, Pyles, Robinson, Rodighiero, Rohrbach, Rowe, Sponaugle, Thompson, Ward
and Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 170) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? S.
B. 171, Repealing
Programs of All-Inclusive
Care for Elderly; on third reading, coming up in regular order, was read a
third time.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 343), and there were--yeas
60, nays 40, absent and not voting none, with the nays being as follows:
??????????? Nays: Barrett, Bates, Boggs, Brewer,
Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fleischauer,
Fluharty, Hamilton, Hicks, Hornbuckle, Iaquinta, Isner, Kelly, Lewis,
Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, C. Miller, R. Miller, Moye,
Pethtel, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Thompson,
Walters, Ward and Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 171) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 180,
Relating to PSC jurisdiction over certain telephone company and internet
services; on third reading, coming up in regular order, was read a third time.
Delegates Lewis and Espinosa requested
to be excused from voting on the passage of Com. Sub. for S. B. 180 under the
provisions of House Rule 49.
The Speaker replied that any impact on the
Delegates would be as a member of a class of persons possibly to be affected by
the passage of the bill, and refused to excuse the Members from voting.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 344), and there were--yeas
65, nays 35, absent and not voting none, with the nays being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy,
Lynch, Marcum, Miley, R. Miller, Moye, Pethtel, Pushkin, Pyles, Robinson,
Rodighiero, Rowe, Sponaugle, Thompson, Wagner and Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 180) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 186, Adjusting date when children become
eligible for certain school programs and school attendance requirements; on
third reading, coming up in regular order, was read a third time.
Speaker Pro Tempore Overington in the
Chair
??????????? Mr. Speaker, Mr. Armstead, arose from his seat and
requested to be excused from voting on the passage of Com. Sub. for S. B. 186
under the provisions of House Rule 49.
??????????? The Speaker Pro Tempore replied that
any impact on Mr. Armstead
would be as a member of a class of persons possibly to be affected by the
passage of the bill, and refused to excuse him from voting.
Mr.
Speaker, Mr. Armstead,
in the Chair
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 345), and there were--yeas
74, nays 26, absent and not voting none, with the nays being as follows:
??????????? Nays: Baldwin, Blair, Brewer,
Canestraro, Caputo, Diserio, Ferro, Fluharty, Higginbotham, Hornbuckle,
Iaquinta, Kelly, Kessinger, Longstreth, Love, Lynch, Martin, Miley, R. Miller,
Pethtel, Pyles, Sobonya, Sponaugle, Summers, Upson and Williams.
??????????? So, a majority of the members present
and voting having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 186) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S.
B. 198, Expanding
Health Sciences Program to allow certain medical practitioners in underserved
areas; 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. 346), and there were--yeas
98, nays 2, absent and not voting none, with the nays being as follows:
??????????? Nays: Folk and McGeehan.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 198) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 221,
Relating to composition of PEIA
Finance Board; 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. 347), and there were--yeas
62, nays 37, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Fluharty, Hamilton, Hartman, Hornbuckle, Iaquinta, Isner,
Longstreth, Love, Lovejoy, Lynch, Miley, R. Miller, Moye, Pethtel, Pushkin,
Pyles, Robinson, Rodighiero, Rohrbach, Rowe, Sponaugle, Thompson, Wagner and
Williams.
??????????? Absent and Not Voting: Marcum.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 221) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 239, Limiting use of wages by employers and labor
organizations for political activities; 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.
??????????? Com. Sub. for S. B. 280, Moving administration of Civil Air Patrol to Adjutant General; 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. 348), and there were--yeas
99, nays 1, absent and not voting none, with the nays being as follows:
??????????? Nays: Upson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 280) passed.
??????????? Delegate Cowles moved that the bill
take effect July 1, 2017.
??????????? On this question, the yeas and nays
were taken (Roll No. 349), and there
were--yeas 100, nays none, absent and not voting none.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 280) takes effect July 1, 2017.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? S.
B. 321, Reporting
requirements of employee information to CPRB; 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. 350), and there were--yeas
100, nays none, absent and not voting none.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the bill
(S. B. 321) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for S. B. 344,
Relating to application of payments on consumer credit sale and loans; 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. 351), and there were--yeas
100, nays none, absent and not voting none.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 344) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for S. B. 350, Allowing licensed professional counselors
be issued temporary 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. 352), and there were--yeas
100, nays none, absent and not voting none.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 350) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 358,
Relating generally to trustee sale of timeshare estates; 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. 353), and there were--yeas
98, nays 2, absent and not voting none, with the nays being as follows:
??????????? Nays: Fast and Upson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 358) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
Com. Sub. for S. B. 358 ?-
?A Bill to
amend and reenact ?36-9-15 of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new section, designated ?36-9-15a, all
relating generally to the trustee sale of timeshare estates; providing that a
managing entity may cause a trustee sale of the timeshare estate if the owner
is delinquent to the managing entity for more than one year for assessments
against the timeshare estate; clarifying that the statutory lien on the
timeshare period is subordinate to any lien or security interest voluntary
granted upon the timeshare period by the owner; requiring notice of a trustee
sale be recorded; requiring that notice of a trustee sale be sent to the
delinquent owner and to certain holders of liens or security interests
encumbering the timeshare period; requiring notice of trustee sale by
publication; providing for a trustee sale at public auction if the delinquency
is not cured within thirty days of notice of trustee sale; providing that a
trustee sale may include multiple timeshare estates; providing that a trustee
sale is prohibited if timeshare instrument expressly mandates judicial
foreclosure; requiring a trustee to cause trustee?s deed and disclosure to be
recorded with the clerk of the county commission; and providing for a statute
of limitations.?
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 354), and there
were--yeas 99, nays 1, absent and not voting none, with the nays being as
follows:
??????????? Nays: Fast.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 358) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S.
B. 364, Incorporating
changes to Streamlined Sales and Use Tax Agreement;
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. 355), and there were--yeas
97, nays 3, absent and not voting none, with the nays being as follows:
??????????? Nays: Folk, Marcum and McGeehan.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 364) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? S.
B. 365, Maintaining
solvency of Unemployment Compensation Fund; 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. 356), and there were--yeas
98, nays 2, absent and not voting none, with the nays being as follows:
??????????? Nays: Folk and McGeehan.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 365) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 386,
Creating WV Medical Cannabis Act;
on third reading, coming up in regular order, was reported by the Clerk.
??????????? Delegate Shott asked and obtained
unanimous consent to amend the bill on third reading.
??????????? On motion of Delegates Shott and
Miley, the bill was amended on page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section to read as follows:
??????????? ?That the Code of West Virginia,
1931, as amended, be amended by adding thereto a new chapter, designated ?16A-1-1, ?16A-2-1, ?16A-3-1,
?16A-3-2, ?16A-3-3, ?16A-3-4, ?16A-3-5,
?16A-4-1, ?16A-4-2, ?16A-4-3, ?16A-4-4,
?16A-4-5, ?16A-5-1, ?16A-5-2, ?16A-5-3,
?16A-5-4, ?16A-5-5, ?16A-5-6, ?16A-5-7,
?16A-5-8, ?16A-5-9, ?16A-5-10, ?16A-6-1,
?16A-6-2, ?16A-6-3, ?16A-6-4, ?16A-6-5,
?16A-6-6, ?16A-6-7, ?16A-6-8, ?16A-6-9,
?16A-6-10, ?16A-6-11, ?16A-6-12, ?16A-6-13, ?16A-7-1, ?16A-7-2, ?16A-7-3,
?16A-7-4, ?16A-7-5, ?16A-7-6, ?16A-8-1,
?16A-8-2, ?16A-8-3, ?16A-9-1, ?16A-9-2,
?16A-10-1, ?16A-10-2, ?16A-10-3, ?16A-10-4, ?16A-10-5, ?16A-10-6, ?16A-11-1, ?16A-11-2, ?16A-12-1, ?16A-12-2, ?16A-12-3, ?16A-12-4, ?16A-12-5, ?16A-12-6, ?16A-12-7, ?16A-12-8, ?16A-12-9, ?16A-13-1, ?16A-13-2, ?16A-13-3, ?16A-13-4, ?16A-13-5, ?16A-13-6, ?16A-13-7, ?16A-13-8, ?16A-14-1, ?16A-14-2, ?16A-14-3, ?16A-15-1, ?16A-15-2, ?16A-15-3, ?16A-15-4, ?16A-15-5, ?16A-15-6, ?16A-15-7, ?16A-15-8, ?16A-15-9 and ?16A-16-1, all to read as follows? and a
colon.
??????????? On page three, section one, line
fifty, by inserting a new subsection to read as follows:
??????????? ?(17) ?Grower/processor? means
either a grower or a processor.?
??????????? And,
??????????? By renumbering the remaining
subdivisions thereafter.
??????????? The bill was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 357), and there were--yeas 76, nays 24, absent and not voting none,
with the nays being as follows:
??????????? Nays: Speaker Armstead, Arvon, Butler, Cooper, Criss, Deem, A. Evans, Fast, G. Foster, N. Foster,
Frich, Gearheart, Hollen, Kessinger, Lewis, Martin, O'Neal, Rohrbach, C.
Romine, R. Romine, Rowan, Sobonya, Summers and Sypolt.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 386) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
??????????? Com.
Sub. for S. B. 386 - ?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new chapter, designated ?16A-1-1,
?16A-2-1, ?16A-3-1, ?16A-3-2, ?16A-3-3,
?16A-3-4, ?16A-3-5, ?16A-4-1, ?16A-4-2,
?16A-4-3, ?16A-4-4, ?16A-4-5, ?16A-5-1,
?16A-5-2, ?16A-5-3, ?16A-5-4, ?16A-5-5,
?16A-5-6, ?16A-5-7, ?16A-5-8, ?16A-5-9,
?16A-5-10, ?16A-6-1, ?16A-6-2, ?16A-6-3,
?16A-6-4, ?16A-6-5, ?16A-6-6, ?16A-6-7,
?16A-6-8, ?16A-6-9, ?16A-6-10, ?16A-6-11,
?16A-6-12, ?16A-6-13, ?16A-7-1, ?16A-7-2, ?16A-7-3,
?16A-7-4, ?16A-7-5, ?16A-7-6, ?16A-8-1,
?16A-8-2, ?16A-8-3, ?16A-9-1, ?16A-9-2,
?16A-10-1, ?16A-10-2, ?16A-10-3, ?16A-10-4, ?16A-10-5, ?16A-10-6, ?16A-11-1, ?16A-11-2, ?16A-12-1, ?16A-12-2, ?16A-12-3, ?16A-12-4, ?16A-12-5, ?16A-12-6, ?16A-12-7, ?16A-12-8, ?16A-12-9, ?16A-13-1, ?16A-13-2, ?16A-13-3, ?16A-13-4, ?16A-13-5, ?16A-13-6, ?16A-13-7, ?16A-13-8, ?16A-14-1, ?16A-14-2, ?16A-14-3, ?16A-15-1, ?16A-15-2, ?16A-15-3, ?16A-15-4, ?16A-15-5, ?16A-15-6, ?16A-15-7, ?16A-15-8, ?16A-15-9 and ?16A-16-1, all relating generally to creating
a regulatory program for the lawful production and use of medical cannabis;
providing for the regulation of all activities associated with the manufacture,
processing, dispensing and consumption of medical cannabis for certain serious
medical conditions; providing for state regulation of all activities; creating
civil and criminal penalties for violations of law relating to production,
processing, dispensing and consumption of medical cannabis; and setting an
effective date.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S.
B. 392, Relating to
Municipal Police Officers and Firefighters Retirement 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. 358), 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: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 392) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 398,
Creating Emergency Volunteer Health Practitioners 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. 359), and there were--yeas
98, nays 1, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Miley.
??????????? Absent and Not Voting: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 398) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
Com. Sub. for S. B. 398 ? ?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new article, designated ?29-30-1, ?29-30-2, ?29-30-3, ?29-30-4, ?29-30-5,
?29-30-6, ?29-30-7, ?29-30-8, ?29-30-9, ?29-30-10 and ?29-30-11, all relating
to creating the Emergency Volunteer Health Practitioners Act; defining terms; providing for
applicability of the article; regulating the practice of volunteer health
practitioners during an emergency; creating a registration system; permitting
volunteer health practitioners who are registered with a registration system
and licensed and in good standing in the state upon which the practitioner?s
registration is based to practice in this state to the extent authorized by the
article as if the practitioner were licensed in this state while an emergency
declaration is in effect; providing that the provisions of this article do not
affect credentialing or privileging standards of a health facility and do not
preclude a health facility from waiving or modifying those standards while an
emergency declaration is in effect; providing for sanctions; providing for
relation to other laws; providing for limitation of liability; and providing
for rulemaking by the Secretary of the Department of Health and Human
Resources.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S.
B. 495, Relating to
regulation of events by State Athletic
Commission; on third reading, coming up in regular order, was read a third
time.
Delegates Kelly and Marcum requested to
be excused from voting on the passage of S. B. 495 under the provisions of
House Rule 49.
The Speaker replied that any impact on the
Delegates would be as a member of a class of persons possibly to be affected by
the passage of the bill, and refused to excuse the Members from voting.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 360), and there were--yeas 98, nays 1, absent and not voting 1, with
the nays and absent and not voting being as follows:
??????????? Nays: Fast.
??????????? Absent and Not Voting: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 495) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 505,
Providing five-year reclamation period following completion of well pads for
horizontal wells; 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. 361), 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: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 505) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? S.
B. 564, Relating to
Statewide Independent Living Council; 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. 362), 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: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 564) passed.
??????????? An amendment to the title of the bill, recommended by the
Committee on Government Organization, was reported by the Clerk and adopted,
amending the title to read as follows:
S.
B. 564 - ?A
Bill to amend and reenact ?18-10M-2, ?18-10M-4, ?18-10M-6, ?18-10M-7 and
?18-10M-8 of the Code of West Virginia, 1931, as amended, all relating to the
Statewide Independent Living Council; making changes required by amendments to
the federal Rehabilitation Act of 1973; updating definitions;
modifying the functions and duties of the council; redesignating council
relationships with centers for independent living and a designated state
entity; providing for compensation and expense reimbursement for members
engaged in official duties; requiring signatures for acceptance and approval of
state plan and making conforming amendments.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S. B. 566,
Claims against 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. 363), 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: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 566) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 364), 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: Blair.
??????????? So, two thirds of the members elected
to the House of Delegates having voted in the affirmative, the Speaker declared
the bill (S. B. 566) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 581,
Relating generally to administration of trusts; 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. 365), 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: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 581) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
Com. Sub. for S. B. 581 ? ?A
Bill to amend and reenact ?38-1-13 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?44D-1-103 of said code; to amend said code by
adding thereto a new section, designated ?44D-1-113; to amend and reenact
?44D-4-405 and ?44D-4-414 of said code; to amend and reenact ?44D-5-503b and
?44D-5-505 of said code; to amend and reenact ?44D-6-604 of said code; and to
amend and reenact ?44D-8-813 and ?44D-8-817 of said code, all relating
generally to trusts and their administration; eliminating requirement to give
notice to trustee of substitution under certain circumstances; modifying
definitions; establishing insurable interest of a trustee; clarifying scope of
provisions regarding trust established for charitable purposes; increasing
amount of noncharitable trust property to terminate trust without court
approval; requiring self-settled spendthrift trust have one independent
qualified trustee; adding reference to exceptions for self-settled spendthrift
trusts to provision allowing creditor or assignee to reach amount distributed
for grantor?s benefit from irrevocable trust; removing reference to exceptions
for self-settled spendthrift trusts to provisions allowing creditor or assignee
to reach amount distributed for grantor?s benefit from revocable trusts;
changing references from beneficiary to interested person in limitation on
actions to contest validity of revocable trust; modifying duties of trustee to
inform and report to beneficiaries; granting trustee authority and requiring
trustee to wind up administration of trust upon its termination; and making
technical changes.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for S. B. 588,
Relating to reproduction, distribution and sale of tax maps; 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. 366), and there were--yeas
82, nays 17, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Eldridge, E. Evans,
Fleischauer, Fluharty, Folk, Gearheart, Hicks, Isner, Love, Marcum, McGeehan,
C. Miller, Moye, Phillips, Sobonya, Thompson and Upson.
??????????? Absent and Not Voting: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 588) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? Com.
Sub. for S. B. 671,
Relating to WV Anatomical
Board; 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. 367), 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: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 671) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Second Reading
??????????? Com. Sub. for S. B. 4, Allowing
licensed professionals donate time to care of indigent and needy in clinical
setting; on second reading, coming up in regular order, was read a second time.
??????????? An amendment, recommended by the Committee on the Judiciary,
was reported by the Clerk on page one, by striking out everything after the
enacting clause and inserting in lieu thereof the following:
?That the Code of West Virginia, 1931, as
amended, be amended by adding thereto a new section, designated ?30-1-21; that ?30-3-10a of said code
be amended and reenacted; that ?30-3E-14 of said code be amended and reenacted;
that ?30-4-15 of said code be amended and reenacted; that ?30-5-17 of said code
be amended and reenacted; that ?30-7-6a of said code be amended and reenacted;
that said code be amended by adding thereto a new section, designated ?30-7-6b;
that said code be amended by adding thereto a new section, designated ?30-7A-6a; that ?30-8-16 of said
code be amended and reenacted; that ?30-14-12b of said code be amended and
reenacted; that said code be amended by adding thereto a new section,
designated ?30-16-7a; that ?30-20-13 of said code be amended and reenacted;
that ?30-21-17 of? said code be amended and
reenacted; and? that ?30-28-8a of said
code be amended and reenacted, all to read as follows:
ARTICLE 1.
GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR
REGISTRATION REFERRED TO IN CHAPTER.
?30-1-21. Exemption from licensure for professional
practice for a charitable function.
(a) A person holding an unrestricted license,
certificate, registration or permit granted by another state or jurisdiction to
practice a profession or occupation licensed under this chapter may serve as a
volunteer without compensation for a charitable function for a period not to
exceed ten days, subject to the approval process described in this section: Provided, That a person who has received any completed
disciplinary actions in which discipline was ordered in any of the three most
recent years, or is the subject of any pending disciplinary actions is not
eligible for this charitable exemption from licensure.
(b) The person
shall notify the board of the nature of the volunteer charitable practice, the
specific dates the person will participate in the charitable practice, and
shall provide to the board a list of all professional and occupational
licenses, registrations, permits or certificates held in each state or
jurisdiction for the previous three years.
(c) Upon a
review of the information required by this section, the board shall provide a
temporary authorization to a qualified volunteer to participate in the
volunteer activity for the duration not to exceed ten days. Each board shall
keep a record of each authorization issued pursuant to his section.
(d) The board
may not charge a fee to authorize this charitable practice.
ARTICLE
3. WEST VIRGINIA MEDICAL
PRACTICE ACT.
?30-3-10a. Special volunteer medical license; civil immunity
for voluntary services rendered to indigents.
(a) There is
hereby established a special volunteer medical license for physicians retired
or retiring from the active practice of medicine who wish to donate their
expertise for the medical care and treatment of indigent and needy patients in
the clinical setting of clinics organized, in whole or in part, for the
delivery of health care services without charge. The special volunteer medical
license shall be issued by the West Virginia Board of Medicine to physicians
licensed or otherwise eligible for licensure under this article and the rules
promulgated hereunder without the payment of any application fee, license fee
or renewal fee, shall be issued for a fiscal year or part thereof, and shall be
renewable annually. The board shall develop application forms for the special
license provided for in this subsection which shall contain the physician?s
acknowledgment that:
(1) The
physician?s practice under the special volunteer medical license will be
exclusively and totally devoted to providing medical care to needy and indigent
persons in West Virginia;
(2) The physician
will not receive any payment or compensation, either direct or indirect, or
have the expectation of any payment or compensation, but may donate to the
clinic the proceeds of any reimbursement for any medical services rendered
under the special volunteer medical license;
(3)
The physician will supply any supporting documentation that the board may
reasonably require; and
(4)
The physician agrees to continue to participate in continuing medical education
as required of physicians in active practice.
(b)
Any
person engaged in the active practice of medicine in this state whose license
is in good standing may donate their expertise for the medical care and
treatment of indigent and needy patients under an arrangement with a clinic
organized, in whole or in part, for the delivery of health care services
without charge to the patient. Services rendered under an arrangement may be
performed in either the physician?s office or the clinical setting.
(b) (c) Any physician who renders
any medical service to indigent and needy patients of a clinic organized, in
whole or in part, for the delivery of health care services without charge under
a special volunteer medical license authorized under subsection (a) of this
section or pursuant to an arrangement with a clinic as authorized pursuant
to subsection (b) of this section without payment or compensation or the
expectation or promise of payment or compensation is immune from liability for
any civil action arising out of any act or omission resulting from the
rendering of the medical service at the clinic unless the act or omission was
the result of the physician?s gross negligence or willful misconduct. In order
for the immunity under this subsection to apply, there must be a written
agreement between the physician and the clinic pursuant to which the physician
will provide voluntary noncompensated medical services under the control of the
clinic to patients of the clinic before the rendering of any services by the
physician at the clinic: Provided, That any clinic entering into such
written agreement shall be required to maintain liability coverage of not less
than $1 million per occurrence.
?(c) (d) Notwithstanding the provisions of
subsection (a) of this section, a clinic organized,?? in whole or in part, for the delivery of
health care services without charge shall is not be
relieved from imputed liability for the negligent acts of a physician rendering
voluntary medical services at or for the clinic under a special volunteer
medical license authorized under subsection (a) of this section or pursuant
to an arrangement with a clinic as authorized pursuant to subsection (b) of
this section.
(d) (e) For purposes of
this section, ?otherwise eligible for licensure? means the satisfaction of all
the requirements for licensure as listed in section ten of this article and in
the legislative rules promulgated hereunder, except the fee requirements of
subsections (b) and (d) of said section and of the legislative rule promulgated
by the board relating to fees.
(e) (f) Nothing in this
section may be construed as requiring the board to issue a special volunteer
medical license to any physician whose medical license is or has been subject
to any disciplinary action or to any physician who has surrendered a medical
license or caused such license to lapse, expire and become invalid in lieu of
having a complaint initiated or other action taken against his or her medical
license, or who has elected to place a medical license in inactive status in
lieu of having a complaint initiated or other action taken against his or her
medical license, or who have been denied a medical license.
(f) (g) Any policy or contract of
liability insurance providing coverage for liability sold, issued or delivered
in this state to any physician covered under the provisions of this article
shall be read so as to contain a provision or endorsement whereby the company
issuing such policy waives or agrees not to assert as a defense on behalf of
the policyholder or any beneficiary thereof, to any claim covered by the terms
of such policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent patients by a
physician who holds a special volunteer medical license or who renders such
care and treatment pursuant to an arrangement with a clinic as authorized
pursuant to subsection (b) of this section: Provided, That this
subsection shall not apply to a terminated policy, terminated contract of
liability insurance or extended reporting endorsement attached thereto that
provides "tail
insurance"
as defined by section two, article twenty-d, chapter thirty-three of this code:
Provided, however,? That nothing
within this subsection shall be construed to extend coverage under a terminated
policy or terminated contract of liability insurance or any extended reporting
endorsement attached thereto to: (1) Alter or amend the effective policy period of any
policy, contract of liability insurance or extended reporting endorsement; or
(2) cover the treatment of indigent and needy patients by a physician who holds
a special volunteer medical license or who renders such care and treatment
pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
ARTICLE
3E.? PHYSICIAN ASSISTANTS PRACTICE ACT.
?30‑3E-14. Special volunteer physician
assistant license.
(a) A special volunteer physician assistant
license may be issued to a physician assistant who:
(1) Is retired or
is retiring from the active practice of medicine; and
(2) Wishes to
donate his or her expertise for the medical care and treatment of indigent and
needy patients in the clinical setting of clinics organized, in whole or in
part, for the delivery of health care services without charge.
(b) The special
volunteer physician assistant license shall be issued by the appropriate
licensing board:
(1) To a
physician assistant licensed or otherwise eligible for licensure under this
article;
(2) Without the
payment of any fee; and
(3) The initial
license shall be issued for the remainder of the licensing period.
(c) The special
volunteer physician assistant license shall be renewed consistent with the
appropriate licensing board?s other licensing requirements.
(d) The
appropriate licensing board shall develop application forms for the special
volunteer physician assistant license which shall contain the physician
assistant?s acknowledgment that:
(1) The physician
assistant?s practice under the special volunteer physician assistant license
shall be exclusively devoted to providing medical care to needy and indigent
persons in West Virginia;
(2) The physician
assistant will not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation, for any
medical services rendered under the special volunteer physician assistant
license;
(3) The physician
assistant shall supply any supporting documentation that the appropriate
licensing board may reasonably require; and
(4) The physician
assistant agrees to continue to participate in continuing education as required
by the appropriate licensing board for the special volunteer physician
assistant license.
(e) A physician assistant and his or her
collaborating physician who renders render medical service to
indigent and needy patients of a clinic organized, in whole or in part, for the
delivery of health care services without charge, under a special volunteer
physician assistant license, without payment or compensation or the expectation
or promise of payment or compensation, is are immune from
liability for any civil action arising out of any act or omission resulting
from the rendering of the medical service at the clinic unless the act or
omission was the result of the physician assistant?s and his or her
collaborating physician?s gross negligence or willful misconduct. In order
for the immunity under this subsection to apply, there shall be a written
agreement between the physician assistant and the clinic pursuant to which the
physician assistant shall provide voluntary uncompensated medical services
under the control of the clinic to patients of the clinic before the rendering
of any services by the physician assistant at the clinic. Any clinic entering into a written agreement
is required to maintain liability coverage of not less than $1 million per
occurrence.
(f)
Notwithstanding the provisions of this section, a clinic organized, in whole or
in part, for the delivery of health care services without charge is not
relieved from imputed liability for the negligent acts of a physician assistant
rendering voluntary medical services at or for the clinic under a special
volunteer physician assistant license.
(g) For purposes
of this section, ?otherwise eligible for licensure? means the satisfaction of
all the requirements for licensure under this article, except the fee
requirements.
(h) Nothing in
this section may be construed as requiring the appropriate licensing board to
issue a special volunteer physician assistant license to any physician
assistant whose license is or has been subject to any disciplinary action or to
any physician assistant who has surrendered a physician assistant license or
caused his or her license to lapse, expire and become invalid in lieu of having
a complaint initiated or other action taken against his or her license, or who
has elected to place a physician assistant license in inactive status in lieu
of having a complaint initiated or other action taken against his or her
license, or who has been denied a physician assistant license.
(i) Any policy or contract of liability insurance
providing coverage for liability sold, issued or delivered in this state to any
physician assistant covered under the provisions of this article shall be read
so as to contain a provision or endorsement whereby the company issuing the
policy waives or agrees not to assert as a defense on behalf of the
policyholder or any beneficiary thereof, to any claim covered by the terms of
the policy within the policy limits, the immunity from liability of the insured
by reason of the care and treatment of needy and indigent patients by a
physician assistant who holds a special volunteer physician assistant license.
ARTICLE
4. WEST VIRGINIA DENTAL
PRACTICE ACT.
?30-4-15. Special volunteer dentist or dental hygienist
license; civil immunity for voluntary services rendered to indigents.
(a) There is
continued a special volunteer dentist and dental hygienist license for dentist
and dental hygienists retired or retiring from the active practice of dentistry
and dental hygiene who wish to donate their expertise for the care and
treatment of indigent and needy patients in the clinical setting of clinics
organized, in whole or in part, for the delivery of health care services
without charge. The special volunteer dentist or dental hygienist license shall
be issued by the board to dentist or dental hygienists licensed or otherwise
eligible for licensure under this article and the legislative rules promulgated
hereunder without the payment of an application fee, license fee or renewal
fee, shall be issued for the remainder of the licensing period and renewed
consistent with the boards other licensing requirements. The board shall
develop application forms for the special license provided in this subsection
which shall contain the dental hygienist?s acknowledgment that:
(1) The dentist
or dental hygienist?s practice under the special volunteer dentist or dental
hygienist license will be exclusively devoted to providing dentistry or dental
hygiene care to needy and indigent persons in West Virginia;
(2) The dentist
or dental hygienist will not receive any payment or compensation, either direct
or indirect, or have the expectation of any payment or compensation but may
donate to the clinic the proceeds of any reimbursement, for any dentistry
or dental hygiene services rendered under the special volunteer dentist or
dental hygienist license;
(3)
The dentist or dental hygienist will supply any supporting documentation that
the board may reasonably require; and
(4)
The dentist or dental hygienist agrees to continue to participate in continuing
professional education as required by the board for the special volunteer
dentist or dental hygienist.
(b)
Any
person engaged in the active practice of dentistry and dental hygiene in this
state whose license is in good standing may donate their expertise for the care
and treatment of indigent and needy patients pursuant to an arrangement with a
clinic organized, in whole or in part, for the delivery of health care services
without charge to the patient. Services rendered pursuant to an arrangement may
be performed in either the office of the dentist or dental hygienist or the
clinical setting.
(b) (c) Any dentist or dental
hygienist who renders any dentistry or dental hygiene service to indigent and
needy patients of a clinic organized, in whole?
or in part, for the delivery of health care services without charge
under a special volunteer dentist or dental hygienist license authorized under
subsection (a) of this section or pursuant to an arrangement with a clinic
as authorized pursuant to subsection (b) of this section without payment or
compensation or the expectation or promise of payment or compensation is immune
from liability for any civil action arising out of any act or omission
resulting from the rendering of the dental hygiene service at the clinic unless
the act or omission was the result of the dentist?s or dental hygienist?s gross
negligence or willful misconduct. In order for the immunity under this
subsection to apply, there shall be a written agreement between the dentist or
dental hygienist and the clinic pursuant to which the dentist or dental
hygienist will provide voluntary uncompensated dental hygiene services under
the control of the clinic to patients of the clinic before the rendering of any
services by the dentist or dental hygienist at the clinic: Provided,
That any clinic entering into such written agreement is required to maintain
liability coverage of not less than $1 million per occurrence.
?(c) (d) Notwithstanding the provisions of
subsection (b) of this section, a clinic organized, in whole or in part, for
the delivery of health care services without charge is not relieved from
imputed liability for the negligent acts of a dentist or dental hygienist
rendering voluntary dental hygiene services at or for the clinic under a
special volunteer dentist or dental hygienist license authorized under
subsection (a) of this section or who renders such care and treatment
pursuant to an arrangement with a clinic as authorized pursuant to subsection
(b) of this section.
(d) (e) For purposes of
this section, "otherwise
eligible for licensure" means the satisfaction of all the requirements for licensure
as listed in section eight of this article and in the legislative rules
promulgated thereunder, except the fee requirements of subdivision (6) of said
section and of the legislative rules promulgated by the board relating to fees.
(e) (f) Nothing in this
section may be construed as requiring the board to issue a special volunteer
dentist or dental hygienist license to any dentist or dental hygienist whose
license is or has been subject to any disciplinary action or to any dentist or
dental hygienist who has surrendered a license or caused such license to lapse,
expire and become invalid in lieu of having a complaint initiated or other
action taken against his or her dentist or dental hygienist license, or who has
elected to place a dentist or dental hygienist license in inactive status in
lieu of having a complaint initiated or other action taken against his or her
license, or who has been denied a dentist or dental hygienist license.
(f)
(g) Any policy or contract of
liability insurance providing coverage for liability sold, issued or delivered
in this state to any dentist or dental hygienist covered under the provisions
of this article shall be read so as to contain a provision or endorsement
whereby the company issuing such policy waives or agrees not to assert as a
defense on behalf of the policyholder or any beneficiary thereof, to any claim
covered by the terms of such policy within the policy limits, the immunity from
liability of the insured by reason of the care and treatment of needy and
indigent patients by a dentist or dental hygienist who holds a special
volunteer dentist or dental hygienist license or who renders such care and
treatment pursuant to an arrangement with a clinic as authorized pursuant to
subsection (b) of this section.
ARTICLE
5. PHARMACISTS, PHARMACY
TECHNICIANS, PHARMACY
INTERNS AND PHARMACIES.
?30-5-17. Special volunteer pharmacist license; civil
immunity for voluntary services rendered to indigents.
(a) There is a
special volunteer pharmacist license for pharmacists retired or retiring from
the active practice of pharmacist care who wish to donate their expertise for
the pharmacist care and treatment of indigent and needy patients in the
clinical setting of clinics organized, in whole or in part, for the delivery of
health care services without charge. The special volunteer pharmacist license
shall be issued by the board to pharmacists licensed or otherwise eligible for
licensure under this article and the legislative rules promulgated hereunder
without the payment of an application fee, license fee or renewal fee, and the
initial license shall be issued for the remainder of the licensing period, and
renewed consistent with the boards other licensing requirements. The board
shall develop application forms for the special license provided in this
subsection which shall contain the pharmacist?s acknowledgment that:
(1) The
pharmacist?s practice under the special volunteer pharmacist license shall be
exclusively devoted to providing pharmacist care to needy and indigent persons
in West Virginia;
(2) The
pharmacist may not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation, but
may donate to the clinic the proceeds of any reimbursement for any pharmacist care rendered under the
special volunteer pharmacist license;
(3) The
pharmacist will supply any supporting documentation that the board may
reasonably require; and
(4)
The pharmacist agrees to continue to participate in continuing professional
education as required by the board for the special volunteer pharmacist
license.
(b)
Any
person engaged in the active practice of pharmacist care in this state whose
license is in good standing may donate their expertise for the care and
treatment of indigent and needy patients pursuant to an arrangement with a
clinic organized, in whole or in part, for the delivery of health care services
without charge to the patient. Services rendered pursuant to an arrangement may
be performed in either the pharmacist?s office or the clinical setting.
(b) (c) Any pharmacist who renders
any pharmacist care to indigent and needy patients of a clinic organized, in
whole or in part, for the delivery of health care services without charge under
a special volunteer pharmacist license authorized under subsection (a) of this
section or pursuant to an arrangement with a clinic as authorized pursuant
to subsection (b) of this section without payment or compensation or the
expectation or promise of payment or compensation is immune from liability for
any civil action arising out of any act or omission resulting from the
rendering of the pharmacist care at the clinic unless the act or omission was
the result of the pharmacist?s gross negligence or willful misconduct. In order
for the immunity under this subsection to apply, there shall be a written
agreement between the pharmacist and the clinic pursuant to which the
pharmacist provides voluntary uncompensated pharmacist care under the control
of the clinic to patients of the clinic before the rendering of any services by
the pharmacist at the clinic: Provided, That any clinic entering into
such written agreement is required to maintain liability coverage of not less
than $1 million per occurrence.
?(c)? (d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
a pharmacist rendering voluntary pharmacist care at or for the clinic under a
special volunteer pharmacist license authorized under subsection (a) of this
section or who renders such care and treatment pursuant to an arrangement
with a clinic as authorized pursuant to subsection (b) of this section.
(d) (e) For purposes of
this section, "otherwise
eligible for licensure" means the satisfaction of all the requirements for licensure
as listed in section nine of this article and in the legislative rules
promulgated thereunder, except the fee requirements of that section and of the
legislative rules promulgated by the board relating to fees.
(e) (f) Nothing in this
section may be construed as requiring the board to issue a special volunteer
pharmacist license to any pharmacist whose license is or has been subject to
any disciplinary action or to any pharmacist who has surrendered a license or
caused such license to lapse, expire and become invalid in lieu of having a
complaint initiated or other action taken against his or her license, or who
has elected to place a pharmacist license in inactive status in lieu of having
a complaint initiated or other action taken against his or her license, or who
has been denied a pharmacist license.
(f) (g) Any policy or contract of
liability insurance providing coverage for liability sold, issued or delivered
in this state to any pharmacist covered under the provisions of this article
shall be read so as to contain a provision or endorsement whereby the company
issuing such policy waives or agrees not to assert as a defense on behalf of
the policyholder or any beneficiary thereof, to any claim covered by the terms of
such policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent patients by a
pharmacist who holds a special volunteer pharmacist license? or who renders such care and treatment pursuant
to an arrangement with a clinic as authorized pursuant to subsection (b) of
this section.
ARTICLE
7. REGISTERED PROFESSIONAL NURSES.
?30-7-6a. Special volunteer registered professional nurse
license; civil immunity for voluntary services rendered to indigents.
(a) There is
established a special volunteer license for registered professional nurses
retired or retiring from the active practice of nursing who wish to donate
their expertise for the care and treatment of indigent and needy patients in
the clinical setting of clinics organized, in whole or in part, for the
delivery of health care services without charge. The special volunteer
registered professional nurse license shall be issued by the West Virginia
Board of Examiners for registered professional nurses to registered
professional nurses licensed or otherwise eligible for licensure under this
article and the legislative rules promulgated hereunder without the payment of
an application fee, license fee or renewal fee, shall be issued for the remainder
of the licensing period, and renewed consistent with the boards other licensing
requirements. The board shall develop application forms for the special license
provided in this subsection which shall contain the registered professional
nurse?s acknowledgment that:
(1) The
registered professional nurse?s practice under the special volunteer registered
professional nurse license will be exclusively devoted to providing nursing
care to needy and indigent persons in West Virginia;
(2) The
registered professional nurse will not receive any payment or compensation,
either direct or indirect, or have the expectation of any payment or
compensation but may donate to the clinic the proceeds of any reimbursement,
for any nursing services rendered under the special volunteer registered
professional nurse license;
(3)
The registered professional nurse will supply any supporting documentation that
the board may reasonably require; and
(4)
The registered professional nurse agrees to continue to participate in
continuing education as required by the board for the special volunteer
registered professional nurse license.
(b)
Any
person engaged in the active practice of nursing in this state whose license is
in good standing may donate their expertise for the care and treatment of
indigent and needy patients pursuant to an arrangement with a clinic organized,
in whole or in part, for the delivery of health care services without charge to
the patient. Services rendered pursuant to an arrangement may be performed in
either the office of the registered professional nurse or the clinical setting.
(b) (c) Any registered professional
nurse who renders nursing service to indigent and needy patients of a clinic
organized, in whole or in part, for the delivery of health care services
without charge under a special volunteer registered professional nurse license
authorized under subsection (a) of this section or pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section without payment or compensation or the expectation or promise of
payment or compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the nursing service
at the clinic unless the act or omission was the result of the registered
professional nurse?s gross negligence or willful misconduct. In order for the
immunity under this subsection to apply, there must be a written agreement
between the registered professional nurse and the clinic pursuant to which the
registered professional nurse will provide voluntary uncompensated nursing
services under the control of the clinic to patients of the clinic before the
rendering of any services by the registered professional nurse at the clinic: Provided,
That any clinic entering into such written agreement is required to maintain
liability coverage of not less than $1 million per occurrence.
?(c) (d) Notwithstanding the provisions of
subsection (b) of this section, a clinic organized, in whole or in part, for
the delivery of health care services without charge is not relieved from
imputed liability for the negligent acts of a registered professional nurse
rendering voluntary nursing services at or for the clinic under a special
volunteer registered professional nurse license authorized under subsection (a)
of this section or who renders such care and treatment pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section.
(d) (e) For purposes of
this section, "otherwise
eligible for licensure" means the satisfaction of all the requirements for licensure
as listed in section six of this article and in the legislative rules
promulgated thereunder, except the fee requirements of that section and of the
legislative rules promulgated by the board relating to fees.
(e) (f) Nothing in this
section may be construed as requiring the board to issue a special volunteer
registered professional nurse license to any registered professional nurse
whose license is or has been subject to any disciplinary action or to any
registered professional nurse who has surrendered his or her license or caused
such license to lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her license, or who has elected
to place a registered professional nurse license in inactive status in lieu of
having a complaint initiated or other action taken against his or her license,
or who has been denied a registered professional nurse license.
(f) (g) Any policy or contract of
liability insurance providing coverage for liability sold, issued or delivered
in this state to any registered professional nurse covered under the provisions
of this article shall be read so as to contain a provision or endorsement
whereby the company issuing such policy waives or agrees not to assert as a
defense on behalf of the policyholder or any beneficiary thereof, to any claim
covered by the terms of such policy within the policy limits, the immunity from
liability of the insured by reason of the care and treatment of needy and
indigent patients by a registered professional nurse who holds a special
volunteer registered professional nurse license or who renders such care and
treatment pursuant to an arrangement with a clinic as authorized pursuant to
subsection (b) of this section.
?30-7-6b. Special volunteer license; civil
immunity for voluntary services rendered to indigents.
(a) There is
established a special volunteer license for advanced practice registered nurses
retired or retiring from the active practice of nursing who wish to donate
their expertise for the care and treatment of indigent and needy patients in
the clinical setting of clinics organized, in whole or in part, for the
delivery of health care services without charge. The special volunteer advanced
practice registered nurse license shall be issued by the West Virginia Board of
Examiners for Registered professional nurses to advanced practice registered nurses
licensed or otherwise eligible for licensure pursuant to this article and the
rules promulgated hereunder without the payment of an application fee, license
fee or renewal fee, shall be issued for the remainder of the licensing period,
and renewed consistent with the boards other licensing requirements. The board
shall develop application forms for the special license provided in this
subsection which shall contain the advanced practice registered nurse?s
acknowledgment that:
(1) The
advanced practice registered nurse?s practice pursuant to the special volunteer
advanced practice registered nurses license will be exclusively devoted to
providing nursing care to needy and indigent persons in West Virginia;
(2) The
advanced practice registered nurse will not receive any payment or
compensation, either direct or indirect, or have the expectation of any payment
or compensation but may donate to the clinic the proceeds of any reimbursement,
for any nursing services rendered pursuant to the special volunteer advanced
practice registered nurse license;
(3) The advanced
practice registered nurse will supply any supporting documentation that the
board may reasonably require; and
(4) The
advanced practice registered nurse agrees to continue to participate in
continuing education as required by the board for the special volunteer
advanced practice registered nurse license.
(b) Any person licensed as an advanced practice
registered nurse in this state whose license is in good standing may donate
their expertise for the care and treatment of indigent and needy patients pursuant
to an arrangement with a clinic organized, in whole or in part, for the
delivery of health care services without charge to the patient. Services
rendered pursuant to an arrangement may be performed in either the office of
the advanced practice registered nurses or the clinical setting.
(c) A advanced practice registered nurse and his
or her collaborating physician who render nursing service to indigent and needy
patients of a clinic organized, in whole or in part, for the delivery of health
care services without charge pursuant to a special volunteer advanced practice
registered nurse license authorized pursuant to subsection (a) of this section
or pursuant to an arrangement with a clinic as authorized pursuant to
subsection (b) of this section without payment or compensation or the
expectation or promise of payment or compensation is immune from liability for
any civil action arising out of any act or omission resulting from the
rendering of the nursing service at the clinic unless the act or omission was
the result of the advanced practice registered nurse?s and his or her
collaborating physician?s gross negligence or willful misconduct. For the
immunity pursuant to this subsection to apply, there must be a written
agreement between the licensed practical nurse and the clinic pursuant to which
the advanced practice registered nurse will provide voluntary uncompensated
nursing services under the control of the clinic to patients of the clinic
before the rendering of any services by the advanced practice registered nurse
at the clinic: Provided, That any
clinic entering into such written agreement is required to maintain liability
coverage of not less than $1 million per occurrence.
(d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
a advanced practice registered nurse rendering voluntary nursing services at or
for the clinic pursuant to a special volunteer advanced practice registered
nurse license authorized pursuant to subsection (a) of this section or who
renders such care and treatment pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section.
(e) For
purposes of this section, ?otherwise eligible for licensure? means the
satisfaction of all the requirements for licensure as listed in section six of
this article and in the rules promulgated thereunder, except the fee
requirements of that section and of the legislative rules promulgated by the
board relating to fees.
(f) Nothing in
this section may be construed as requiring the board to issue a special
volunteer advanced practice registered nurse license to any advanced practice
registered nurse whose license is or has been subject to any disciplinary
action or to any advanced practice registered nurse who has surrendered his or
her license or caused such license to lapse, expire and become invalid in lieu
of having a complaint initiated or other action taken against his or her
license, or who has elected to place a advanced practice registered nurse
license in inactive status in lieu of having a complaint initiated or other
action taken against his or her license, or who has been denied a advanced
practice registered nurse license.
(g) Any policy or contract of liability insurance
providing coverage for liability sold, issued or delivered in this state to any
advanced practice registered nurse covered pursuant to the provisions of this
article shall be read so as to contain a provision or endorsement whereby the
company issuing such policy waives or agrees not to assert as a defense on
behalf of the policyholder or any beneficiary thereof, to any claim covered by
the terms of such policy within the policy limits, the immunity from liability
of the insured by reason of the care and treatment of needy and indigent
patients by a advanced practice registered nurse who holds a special volunteer
advanced practice registered nurse license or who renders such care and
treatment pursuant to an arrangement with a clinic as authorized pursuant to
subsection (b) of this section.
ARTICLE 7A. LICENSED
PRACTICAL NURSES.
?30-7A-6a. Special volunteer license; civil immunity for voluntary services
rendered to indigents.
(a) There is
established a special volunteer license for licensed practical nurses retired
or retiring from the active practice of nursing who wish to donate their
expertise for the care and treatment of indigent and needy patients in the clinical
setting of clinics organized, in whole or in part, for the delivery of health
care services without charge. The special volunteer licensed practical nurse
license shall be issued by the West Virginia Board of Examiners for licensed
practical nurses to licensed practical nurses licensed or otherwise eligible
for licensure pursuant to this article and the rules promulgated hereunder
without the payment of an application fee, license fee or renewal fee, shall be
issued for the remainder of the licensing period, and renewed consistent with
the boards other licensing requirements. The board shall develop application
forms for the special license provided in this subsection which shall contain
the licensed practical nurse?s acknowledgment that:
(1) The licensed
practical nurse?s practice pursuant to the special volunteer licensed practical
nurse license will be exclusively devoted to providing nursing care to needy
and indigent persons in West Virginia;
(2) The
licensed practical nurse will not receive any payment or compensation, either
direct or indirect, or have the expectation of any payment or compensation but
may donate to the clinic the proceeds of any reimbursement, for any nursing
services rendered pursuant to the special volunteer licensed practical nurse
license;
(3) The
licensed practical nurse will supply any supporting documentation that the
board may reasonably require; and
(4) The
licensed practical nurse agrees to continue to participate in continuing
education as required by the board for the special volunteer licensed practical
nurse license.
(b) Any person licensed as a licensed practical
nurse in this state whose license is in good standing may donate their
expertise for the care and treatment of indigent and needy patients pursuant to
an arrangement with a clinic organized, in whole or in part, for the delivery
of health care services without charge to the patient. Services rendered
pursuant to an arrangement may be performed in either the office of the
registered professional nurse or the clinical setting.
(c) Any licensed practical nurse who renders
nursing service to indigent and needy patients of a clinic organized, in whole
or in part, for the delivery of health care services without charge pursuant to
a special volunteer licensed practical nurse license authorized pursuant to
subsection (a) of this section or pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section without payment or
compensation or the expectation or promise of payment or compensation is immune
from liability for any civil action arising out of any act or omission
resulting from the rendering of the nursing service at the clinic unless the
act or omission was the result of the licensed practical nurse?s gross
negligence or willful misconduct. For the immunity pursuant to this subsection
to apply, there must be a written agreement between the licensed practical
nurse and the clinic pursuant to which the licensed practical nurse will
provide voluntary uncompensated nursing services under the control of the
clinic to patients of the clinic before the rendering of any services by the
licensed practical nurse at the clinic: Provided,
That any clinic entering into such written agreement is required to maintain
liability coverage of not less than $1 million per occurrence.
(d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
a licensed practical nurse rendering voluntary nursing services at or for the
clinic pursuant to a special volunteer licensed practical nurse license
authorized pursuant to subsection (a) of this section or who renders such care
and treatment pursuant to an arrangement with a clinic as authorized pursuant
to subsection (b) of this section.
(e) For
purposes of this section, ?otherwise eligible for licensure? means the
satisfaction of all the requirements for licensure as listed in section six of
this article and in the rules promulgated thereunder, except the fee
requirements of that section and of the legislative rules promulgated by the
board relating to fees.
(f) Nothing in
this section may be construed as requiring the board to issue a special
volunteer licensed practical nurse license to any licensed practical nurse
whose license is or has been subject to any disciplinary action or to any
licensed practical nurse who has surrendered his or her license or caused such
license to lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her license, or who has elected
to place a licensed practical nurse license in inactive status in lieu of
having a complaint initiated or other action taken against his or her license,
or who has been denied a licensed practical nurse license.
(g) Any policy or contract of liability insurance
providing coverage for liability sold, issued or delivered in this state to any
licensed practical nurse covered pursuant to the provisions of this article
shall be read so as to contain a provision or endorsement whereby the company
issuing such policy waives or agrees not to assert as a defense on behalf of
the policyholder or any beneficiary thereof, to any claim covered by the terms
of such policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent patients by a
licensed practical nurse who holds a special volunteer licensed practical nurse
license or who renders such care and treatment pursuant to an arrangement with
a clinic as authorized pursuant to subsection (b) of this section.
ARTICLE
8. OPTOMETRISTS.
?30-8-16. Special volunteer
license; civil immunity for voluntary services rendered to indigents.
(a) There is
established a special volunteer license for optometrists who are retired or are
retiring from the active practice of optometry and wish to donate their
expertise for the care and treatment of indigent and needy patients in the
clinical setting of clinics organized, in whole or in part, for the delivery of
health care services without charge.
(b) The special
volunteer license shall be issued by the board to optometrists licensed or
otherwise eligible for licensure under this article without the payment of an
application fee, license fee or renewal fee, and shall be issued for the
remainder of the licensing period, and renewed consistent with the boards other
licensing requirements.
(c)
The board shall develop application forms for the special volunteer license
provided in this section which shall contain the optometrist?s acknowledgment
that:
(1)
The optometrist?s practice under the special volunteer license will be
exclusively devoted to providing optometrical care to needy and indigent
persons in West Virginia;
(2)
The optometrist will not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation but may donate to the clinic the proceeds of any
reimbursement,
for any optometrical services rendered under the special volunteer license;
(3)
The optometrist will supply any supporting documentation that the board may
reasonably require; and
(4)
The optometrist agrees to continue to participate in continuing education as
required by the board for a special volunteer license.
(d)
Any
person engaged in the active practice of optometry in this state whose license
is in good standing may donate their expertise for the care and treatment of
indigent and needy patients pursuant to an arrangement with a clinic organized,
in whole or in part, for the delivery of health care services without charge to
the patient. Services rendered pursuant to an arrangement may be performed in
either the office of the optometrist or the clinical setting.
(d) (e) Any optometrist who renders
any optometrical service to indigent and needy patients of a clinic organized,
in whole or in part, for the delivery of health care services without charge,
under a special volunteer license authorized under this section or pursuant
to an arrangement with a clinic as authorized pursuant to subsection (d) of
this section without payment or compensation or the expectation or promise
of payment or compensation is immune from liability for any civil action
arising out of any act or omission resulting from the rendering of the
optometrical service at the clinic unless the act or omission was the result of
the optometrist?s gross negligence or willful misconduct. In order for the
immunity under this subsection to apply, before the rendering of any services
by the optometrist at the clinic, there must be a written agreement between the
optometrist and the clinic stating that the optometrist will provide voluntary
uncompensated optometrical services under the control of the clinic to patients
of the clinic before the rendering of any services by the optometrist at the
clinic: Provided, That any clinic entering into such written agreement
is required to maintain liability coverage of not less than $1 million per
occurrence.
?(e) (f) Notwithstanding the provisions of
subsection (d) of this section, a clinic organized, in whole or in part, for
the delivery of health care services without charge is not relieved from
imputed liability for the negligent acts of an optometrist rendering voluntary
optometrical services at or for the clinic under a special volunteer license
under this section
or who
renders such care and treatment pursuant to an arrangement with a clinic as
authorized pursuant to subsection (d) of this section.
(f) (g) For purposes of
this section, "otherwise
eligible for licensure" means the satisfaction of all the requirements for licensure
in this article except the fee requirements.
(g) (h) Nothing in this
section may be construed as requiring the board to issue a special volunteer
license to any optometrist whose license is or has been subject to any
disciplinary action or to any optometrist who has surrendered a license or
caused such license to lapse, expire and become invalid in lieu of having a
complaint initiated or other action taken against his or her license, or who
has elected to place a license in inactive status in lieu of having a complaint
initiated or other action taken against his or her license, or who has been
denied a license.
(h) (i) Any policy or contract of
liability insurance providing coverage for liability sold, issued or delivered
in this state to any optometrist covered under the provisions of this article
shall be read so as to contain a provision or endorsement whereby the company
issuing such policy waives or agrees not to assert as a defense on behalf of
the policyholder or any beneficiary thereof, to any claim covered by the terms
of such policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent patients by
an optometrist who holds a special volunteer license or who renders such
care and treatment pursuant to an arrangement with a clinic as authorized
pursuant to subsection (d) of this section.
ARTICLE
14. OSTEOPATHIC PHYSICIANS AND
SURGEONS.
?30-14-12b. Special volunteer medical license; civil immunity
for voluntary services rendered to indigents.
(a) There is
hereby established a special volunteer medical license for physicians retired
or retiring from the active practice of osteopathy who wish to donate their
expertise for the medical care and treatment of indigent and needy patients in
the clinical setting of clinics organized, in whole or in part, for the
delivery of health care services without charge. The special volunteer medical
license shall be issued by the West Virginia Board of Osteopathic Medicine to
physicians licensed or otherwise eligible for licensure under this article and
the rules promulgated hereunder without the payment of any application fee,
license fee or renewal fee, shall be issued for a fiscal year or part thereof,
and shall be renewable annually. The board shall develop application forms for
the special license provided for in this subsection which shall contain the
physician?s acknowledgment that: (1) The physician?s practice under the special
volunteer medical license will be exclusively and totally devoted to providing
medical care to needy and indigent persons in West Virginia; (2) the physician
will not receive any payment or compensation, either direct or indirect, or
have the expectation of any payment or compensation but may donate to the
clinic the proceeds of any reimbursement, for any medical services rendered
under the special volunteer medical license; (3) the physician will supply any
supporting documentation that the board may reasonably require; and (4) the
physician agrees to continue to participate in continuing medical education as
required of physicians in active practice.
(b) Any person engaged in the active practice of
osteopathy in this state whose license is in good standing may donate their
expertise for the medical care and treatment of indigent and needy patients
pursuant to an arrangement with a clinic organized, in whole or in part, for
the delivery of health care services without charge to the patient. Services
rendered pursuant to an arrangement may be performed in either the physician?s
office or the clinical setting.
(b) (c) Any physician who renders
any medical service to indigent and needy patients of clinics organized, in
whole or in part, for the delivery of health care services without charge under
a special volunteer medical license authorized under subsection (a) of this
section or pursuant to an arrangement with a clinic as authorized pursuant
to subsection (b) of this section without payment or compensation or the
expectation or promise of payment or compensation is immune from liability for
any civil action arising out of any act or omission resulting from the
rendering of the medical service at the clinic unless the act or omission was
the result of the physician?s gross negligence or willful misconduct. In order
for the immunity under this subsection to apply, there must be a written
agreement between the physician and the clinic pursuant to which the physician
will provide voluntary noncompensated medical services under the control of the
clinic to patients of the clinic before the rendering of any services by the
physician at the clinic: Provided, That any clinic entering into such
written agreement shall be required to maintain liability coverage of not less
than $1 million per occurrence.
(c) (d) Notwithstanding
the provisions of subsection (a) of this section, a clinic organized, in whole
or in part, for the delivery of health care services without charge shall not
be relieved from imputed liability for the negligent acts of a physician
rendering voluntary medical services at or for the clinic under a special
volunteer medical license authorized under subsection (a) of this section or
who renders such services pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section.
(d) (e) For purposes of
this section, ?otherwise eligible for licensure? means the satisfaction of all
the requirements for licensure as listed in section ten of this article and in
the legislative rules promulgated hereunder, except the fee requirements of
subsections (b) and (d) of said section and of the legislative rule promulgated
by the board relating to fees.
(e) (f) Nothing in this
section may be construed as requiring the board to issue a special volunteer
medical license to any physician whose medical license is or has been subject
to any disciplinary action or to any physician who has surrendered a medical
license or caused such license to lapse, expire and become invalid in lieu of
having a complaint initiated or other action taken against his or her medical
license, or who has elected to place a medical license in inactive status in
lieu of having a complaint initiated or other action taken against his or her
medical license, or who have been denied a medical license.
(f) (g) Any policy or contract of
liability insurance providing coverage for liability sold, issued or delivered
in this state to any physician covered under the provisions of this article
shall be read so as to contain a provision or endorsement whereby the company
issuing such policy waives or agrees not to assert as a defense on behalf of
the policyholder or any beneficiary thereof, to any claim covered by the terms
of such policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent patients by a
physician who holds a special volunteer medical license or who renders such
care and treatment pursuant to an arrangement with a clinic as authorized
pursuant to subsection (b) of this section.
Article 16.
chiropractors.
?30-16-7a. Special volunteer chiropractor
license; civil immunity for voluntary services rendered to indigents.
(a) There is
established a special volunteer license for chiropractors retired or retiring
from active practice who wish to donate their expertise for the care and
treatment of indigent and needy patients in the clinical setting of clinics
organized, in whole or in part, for the delivery of health care services
without charge. The special volunteer license provided by this section shall be
issued by the West Virginia Board of Chiropractic to chiropractors licensed or
otherwise eligible for licensure pursuant to this article and the rules
promulgated hereunder without the payment of an application fee, license fee or
renewal fee, and the initial license shall be issued for the remainder of the
licensing period, and renewed consistent with the boards other licensing
requirements. The board shall develop application forms for the special
volunteer license provided in this section which shall contain the applicant?s
acknowledgment that:
(1) The
applicant?s practice pursuant to the special volunteer license will be
exclusively devoted to providing chiropractic care to needy and indigent
persons in West Virginia;
(2) The
applicant may not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation but may donate
to the clinic the proceeds of any reimbursement for any chiropractic services
rendered pursuant to the special volunteer license;
(3) The
applicant shall supply any supporting documentation that the board may
reasonably require; and
(4) The
applicant shall continue to participate in continuing education as required by
the board for special volunteer chiropractor?s licenses.
(b)? Any person engaged in the active practice of chiropractic in this state
whose license is in good standing may donate their expertise for the care and
treatment of indigent and needy patients pursuant to an arrangement with a
clinic organized, in whole or in part, for the delivery of health care services
without charge to the patient. Services rendered pursuant to an arrangement may
be performed in either the chiropractor?s office or the clinical setting.
(c) Any chiropractor who renders any chiropractic
service to indigent and needy patients of a clinic organized, in whole or in
part, for the delivery of health care services without charge pursuant to a
special volunteer license authorized pursuant to subsection (a) of this section
or? an arrangement with a clinic as
authorized pursuant to subsection (b) of this section without payment or
compensation or the expectation or promise of payment or compensation is immune
from liability for any civil action arising out of any act or omission
resulting from the rendering of the chiropractic service at the clinic unless
the act or omission was the result of gross negligence or willful misconduct on
the part of the chiropractor. For the immunity pursuant to this subsection to
apply, there must be a written agreement between the chiropractor and the
clinic stating that the chiropractor will provide voluntary uncompensated
chiropractic services under the control of the clinic to patients of the clinic
before the rendering of any services by the chiropractor at the clinic:
Provided, That any clinic entering into such written agreement is required to
maintain liability coverage of not less than $1 million per occurrence.
(d)
Notwithstanding the provisions of subsection (b) of this section, a clinic
organized, in whole or in part, for the delivery of health care services
without charge is not relieved from imputed liability for the negligent acts of
a chiropractor rendering voluntary chiropractic services at or for the clinic
pursuant to a special volunteer license authorized pursuant to this section or
who renders such care and treatment pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section.
(e) For
purposes of this section, ?otherwise eligible for licensure? means the
satisfaction
of all the
requirements for licensure for a chiropractor except the fee requirements.
(f) Nothing in
this section may be construed as requiring the board to issue a special
volunteer license to any chiropractor whose license is or has been subject to
any disciplinary action or to any chiropractor who has surrendered a license or
caused a license to lapse, expire and become invalid in lieu of having a
complaint initiated or other action taken against his or her license, or who
has elected to place a license in inactive status in lieu of having a complaint
initiated or other action taken against his or her license or who has been
denied a license.
(g) Any policy or contract of liability insurance
providing coverage for liability sold, issued or delivered in this state to any
chiropractor covered pursuant to the provisions of this article shall be read
so as to contain a provision or endorsement whereby the company issuing such
policy waives or agrees not to assert as a defense on behalf of the policy
holder or any beneficiary there of the policy, to any claim covered by the
terms of the policy within the policy limits, the immunity from liability of
the insured by reason of the care and treatment of needy and indigent patients
by a chiropractor who holds? a? special?
volunteer? license? or?
who? renders? such?
care? and? treatment?
pursuant to an arrangement with a clinic as authorized pursuant to
subsection (b) of this section.
ARTICLE
20. PHYSICAL THERAPISTS.
?30-20-13. Special volunteer physical therapist license,
physical therapist assistant license; civil immunity for voluntary services
rendered to indigents.
(a) There is
established a special volunteer license for physical therapists or physical
therapist assistants, as the case may be, retired or retiring from active
practice who wish to donate their expertise for the care and treatment of
indigent and needy patients in the clinical setting of clinics organized, in
whole or in part, for the delivery of health care services without charge. The
special volunteer license provided by this section shall be issued by the West
Virginia Board of Physical Therapy to physical therapists or physical therapist
assistants licensed or otherwise eligible for licensure under this article and
the legislative rules promulgated hereunder without the payment of an
application fee, license fee or renewal fee, and the initial license shall be
issued for the remainder of the licensing period, and renewed consistent with
the boards other licensing requirements. The board shall develop application
forms for the special volunteer license provided in this section which shall
contain the applicant?s acknowledgment that:
(1) The
applicant?s practice under the special volunteer license will be exclusively
devoted to providing physical therapy care to needy and indigent persons in
West Virginia;
(2)
The applicant may not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation but may
donate to the clinic the proceeds of any reimbursement for any physical
therapy services rendered under the special volunteer license;
(3)
The applicant shall supply any supporting documentation that the board may
reasonably require; and
(4)
The applicant shall continue to participate in continuing education as required
by the board for special volunteer physical therapists or physical therapist
assistants license, as the case may be.
(b)
Any
person engaged in the active practice of physical therapy in this state whose
license is in good standing may donate their expertise for the care and
treatment of indigent and needy patients pursuant to an arrangement with a
clinic organized, in whole or in part, for the delivery of health care services
without charge to the patient. Services rendered pursuant to an arrangement may
be performed in either the physical therapist?s office or the clinical setting.
(b) (c) Any physical therapist or
physical therapist assistant who renders any physical therapy service to
indigent and needy patients of a clinic organized, in whole or in part, for the
delivery of health care services without charge under a special volunteer
license authorized under subsection (a) of this section or pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section without payment or compensation or the expectation or promise of
payment or compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the physical therapy
service at the clinic unless the act or omission was the result of gross
negligence or willful misconduct on the part of the physical therapist or
physical therapist assistant. In order for the immunity under this subsection
to apply, there must be a written agreement between the physical therapist or
physical therapist assistant and the clinic stating that the physical therapist
or physical therapist assistant will provide voluntary uncompensated physical
therapy services under the control of the clinic to patients of the clinic
before the rendering of any services by the physical therapist or physical
therapist assistant at the clinic: Provided, That any clinic entering
into such written agreement is required to maintain liability coverage of not
less than $1 million per occurrence.
?(c) (d) Notwithstanding the provisions of
subsection (b) of this section, a clinic organized, in whole or in part, for
the delivery of health care services without charge is not relieved from
imputed liability for the negligent acts of a physical therapist or physical
therapist assistant rendering voluntary physical therapy services at or for the
clinic under a special volunteer license authorized under this section or
who renders such care and treatment pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section.
(d) (e) For purposes of
this section, "otherwise
eligible for licensure" means the satisfaction of all the requirements for licensure
for a physical therapist or physical therapist assistant, as the case may be,
except the fee requirements.
(e) (f) Nothing in this
section may be construed as requiring the board to issue a special volunteer
license to any physical therapist or physical therapist assistant whose license
is or has been subject to any disciplinary action or to any physical therapist
or physical therapist assistant who has surrendered a license or caused a
license to lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her license, or who has elected
to place a license in inactive status in lieu of having a complaint initiated
or other action taken against his or her license or who has been denied a
license.
(f) (g) Any policy or contract of
liability insurance providing coverage for liability sold, issued or delivered
in this state to any physical therapist or physical therapist assistant covered
under the provisions of this article shall be read so as to contain a provision
or endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policy holder or any beneficiary thereof
the policy, to any claim covered by the terms of the policy within the policy
limits, the immunity from liability of the insured by reason of the care and
treatment of needy and indigent patients by a physical therapist or physical
therapist assistant who holds a special volunteer license or who renders
such care and treatment pursuant to an arrangement with a clinic as authorized
pursuant to subsection (b) of this section.
ARTICLE
21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
?30-21-17.
Special volunteer psychologists license; civil immunity for voluntary services
rendered to indigents.
(a) There is
established a special volunteer psychologists license for psychologists retired
or retiring from the active practice of psychology who wish to donate their
expertise for the psychological care and treatment of indigent and needy
patients in the clinical setting of clinics organized, in whole or in part, for
the delivery of health care services without charge. The special volunteer
psychologist license shall be issued by the West Virginia Board of Examiners of
Psychologists to psychologists licensed or otherwise eligible for licensure
under this article and the legislative rules promulgated hereunder without the
payment of an application fee, license fee or renewal fee, and the initial
license shall be issued for the remainder of the licensing period, and renewed
consistent with the boards other licensing requirements. The board shall
develop application forms for the special license provided in this subsection
which shall contain the psychologist?s acknowledgment that:
(1)
The psychologist?s practice under the special volunteer psychologists license
will be exclusively devoted to providing psychological care to needy and
indigent persons in West Virginia;
(2)
The psychologist will not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation but may
donate to the clinic the proceeds of any reimbursement, for any
psychological services rendered under the special volunteer psychological
license;
(3)
The psychologist will supply any supporting documentation that the board may
reasonably require; and
(4)
The psychologist agrees to continue to participate in continuing education as
required by the board for a special volunteer psychologists license.
(b)
Any
person engaged in the active practice of psychology in this state whose license
is in good standing may donate their expertise for the care and treatment of
indigent and needy patients pursuant to an arrangement with a clinic organized,
in whole or in part, for the delivery of health care services without charge to
the patient. Services rendered pursuant to an arrangement may be performed in
either the psychologist?s office or the clinical setting.
(b) (c) Any psychologist who renders
any psychological service to indigent and needy patients of a clinic organized,
in whole or in part, for the delivery of health care services without charge
under a special volunteer psychologist license authorized under subsection (a)
of this section without payment or compensation or the expectation or promise
of payment or compensation, is immune from liability for any civil action
arising out of any act or omission resulting from the rendering of the
psychological service at the clinic unless the act or omission was the result
of the psychologist?s gross negligence or willful misconduct. In order for the
immunity under this subsection to apply, there must be a written agreement
between the psychologist and the clinic pursuant to which the psychologist will
provide voluntary uncompensated psychological services under the control of the
clinic to patients of the clinic before the rendering of any services by the
psychologists at the clinic: Provided, That any clinic entering into
such written agreement is required to maintain liability coverage of not less
than $1 million per occurrence.
?(c) (d) Notwithstanding the provisions of
subsection (b) of this section, a clinic organized, in whole or in part, for
the delivery of health care services without charge is not relieved from
imputed liability for the negligent acts of a psychologist rendering voluntary
psychological services at or for the clinic under a special volunteer
psychological license authorized under subsection (a) of this section or who
renders such care and treatment pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section.
(d) (e) For purposes of
this section, "otherwise
eligible for licensure" means the satisfaction of all the requirements for licensure
as listed in section seven of this article and in the legislative rules
promulgated thereunder, except the fee requirements of subsection (d) of that
section and of the legislative rules promulgated by the board relating to fees.
(e) (f) Nothing in this
section may be construed as requiring the board to issue a special volunteer
psychologist license to any psychologist whose license is or has been subject
to any disciplinary action or to any psychologist who has surrendered a
psychologist license or caused such license to lapse, expire and become invalid
in lieu of having a complaint initiated or other action taken against his or
her license, or who has elected to place a psychologist license in inactive
status in lieu of having a complaint initiated or other action taken against
his or her license, or who has been denied a psychologist license.
(f) (g) Any policy or contract of
liability insurance providing coverage for liability sold, issued or delivered
in this state to any psychologist covered under the provisions of this article,
shall be read so as to contain a provision or endorsement whereby the company
issuing such policy waives or agrees not to assert as a defense on behalf of
the policyholder or any beneficiary thereof, to any claim covered by the terms
of such policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent patients by a
psychologist who holds a special volunteer psychologist license or who
renders such care and treatment pursuant to an arrangement with a clinic as
authorized pursuant to subsection (b) of this section.
ARTICLE
28. WEST VIRGINIA OCCUPATIONAL
THERAPY PRACTICE ACT.
?30-28-8a.
Special volunteer occupational therapist license; civil immunity for voluntary
services rendered to indigents.
(a) There is
established a special volunteer occupational therapist license for occupational
therapists retired or retiring from the active practice of occupational therapy
who wish to donate their expertise for the care and treatment of indigent and
needy patients in the clinical setting of clinics organized, in whole or in
part, for the delivery of health care services without charge. The special
volunteer occupational therapist license shall be issued by the West Virginia
Board of Occupational Therapy to occupational therapists licensed or otherwise
eligible for licensure under this article and the legislative rules promulgated
hereunder without the payment of an application fee, license fee or renewal fee, and the
initial license shall be issued for the remainder of the licensing period, and
renewed consistent with the boards other licensing requirements. The board
shall develop application forms for the special license provided in this
subsection which shall contain the occupational therapist?s acknowledgment
that:
(1)
The occupational therapist?s practice under the special volunteer occupational
therapist license will be exclusively devoted to providing occupational therapy
care to needy and indigent persons in West Virginia;
(2)
The occupational therapist will not receive any payment or compensation, either
direct or indirect, or have the expectation of any payment or compensation but may donate to the
clinic the proceeds of any reimbursement, for any occupational therapy services rendered under
the special volunteer occupational therapist license;
(3)
The occupational therapist will supply any supporting documentation that the
board may reasonably require; and
(4)
The occupational therapist agrees to continue to participate in continuing
education as required by the board for a special volunteer occupational therapists
license.
(b)
Any
person engaged in the active practice of occupational therapy in this state
whose license is in good standing may donate their expertise for the care and
treatment of indigent and needy patients pursuant to an arrangement with a
clinic organized, in whole or in part, for the delivery of health care services
without charge to the patient. Services rendered pursuant to an arrangement may
be performed in either the occupational therapist?s office or the clinical
setting.
(b) (c) Any occupational therapist
who renders any occupational therapy service to indigent and needy patients of
a clinic organized, in whole or in part, for the delivery of health care
services without charge under a special volunteer occupational therapist license
authorized under subsection (a) of this section or pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section without payment or compensation or the expectation or promise of
payment or compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the occupational
therapy service at the clinic unless the act or omission was the result of the
occupational therapist?s gross negligence or willful misconduct. In order for
the immunity under this subsection to apply, there must be a written agreement
between the occupational therapist and the clinic pursuant to which the
occupational therapist will provide voluntary uncompensated occupational
therapy services under the control of the clinic to patients of the clinic
before the rendering of any services by the occupational therapist at the
clinic: Provided, That any clinic entering into such written agreement
is required to maintain liability coverage of not less than $1 million per
occurrence.
?(c) (d) Notwithstanding the provisions of
subsection (b) of this section, a clinic organized, in whole or in part, for
the delivery of health care services without charge is not relieved from
imputed liability for the negligent acts of an occupational therapist rendering
voluntary occupational therapy services at or for the clinic under a special
volunteer occupational therapist license authorized under subsection (a) of
this section or who renders such care and treatment pursuant to an
arrangement with a clinic as authorized pursuant to subsection (b) of this
section.
(d) (e) For purposes of
this section, "otherwise
eligible for licensure" means the satisfaction of all the requirements for licensure
as listed in section eight of this article and in the legislative rules
promulgated thereunder, excepting the fee requirements of subsection (a),
section eleven of this article and of the legislative rules promulgated by the
board relating to fees.
(e) (f) Nothing in this
section may be construed as requiring the board to issue a special volunteer
occupational therapist license to any occupational therapist whose occupational
therapist license is or has been subject to any disciplinary action or to any
occupational therapist who has surrendered an occupational therapist license or
caused such license to lapse, expire and become invalid in lieu of having a
complaint initiated or other action taken against his or her occupational
therapist license, or who has elected to place an occupational therapist
license in inactive status in lieu of having a complaint initiated or other
action taken against his or her occupational therapist license, or who has been
denied an occupational therapist license.
(f) (g) Any policy or
contract of liability insurance providing coverage for liability sold, issued
or delivered in this state to any occupational therapist covered under the
provisions of this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or agrees not to
assert as a defense on behalf of the policyholder or any beneficiary thereof,
to any claim covered by the terms of such policy within the policy limits, the
immunity from liability of the insured by reason of the care and treatment of
needy and indigent patients by an occupational therapist who holds a special
volunteer occupational therapist license or who renders such care and
treatment pursuant to an arrangement with a clinic as authorized pursuant to
subsection (b) of this section.?
??????????? On motion of Delegate Shott, the
Judiciary Committee amendment was amended on page eighteen, section six-a,
beginning on line four, by striking out ?licensed practical nurse license? and
inserting in lieu thereof ?license provided by this section?.
On
page nineteen, section six-a, line eight, by adding ?and the initial license?
before the word ?shall?.
On
page nineteen, section six-a, line twenty-three, by striking ?licensed as a
licensed practical nurse? and insert in lieu thereof ?engaged in the active
practice of licensed practical nursing?.
On
page nineteen, section six-a, line twenty-seven, by striking out ?registered
professional? and inserting in lieu thereof ?licensed practical nurse?.
On
page twenty, section six-a, line forty-two, by striking out ?(b)? and inserting
in lieu thereof (c).
And,
On
page twenty-seven, section seven-a, line thirty-nine, by striking out ?(b)? and
inserting in lieu thereof ?(c)?.
??????????? The Judiciary Committee amendment,
as amended, was then adopted.
??????????? The bill was ordered to third
reading.
??????????? Com.
Sub. for S. B. 300,
Supplemental appropriation from unappropriated balance in Treasury to Division
of Personnel; on second reading, coming up in regular order, was read a second
time and ordered to third reading.
??????????? Com.
Sub. for S. B. 303,
Supplemental appropriation of public moneys from Treasury to DHHR; on second
reading, coming up in regular order, was read a second time and ordered to
third reading.
??????????? Com.
Sub. for S. B. 305,
Supplemental appropriation of public moneys from Treasury to Fire Commission; on
second reading, coming up in regular order, was read a second time and ordered
to third reading.
??????????? Com. Sub. for S. B. 337, Hiring correctional officers without regard to placement
on correctional officer register; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
Com.
Sub. for S. B. 412,
Relating to WV Jobs Act reporting requirements; on second 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.
??????????? Com.
Sub. for S. B. 484,
Relating generally to taxation; on second reading, coming up in regular order,
was read a second time.
??????????? Delegate Cowles asked unanimous
consent that the bill be advanced to third reading, with amendments pending and
further right to amend by Delegates Boggs and Nelson, which consent was not
given, objection being heard.
??????????? Delegate Cowles asked and obtained
unanimous consent that the bill be placed at the foot of all bills on the
calendar.
??????????? S.
B. 493, Providing
increase in compensation for conservation officers; on second reading, coming
up in regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on Finance Committee, was reported by
the Clerk and adopted, amending the bill on page one, immediately after the
article heading, by striking out ?20-7-1a in its entirety.
On
page four, section one-c, line fifty-three, at the end of the line, by
inserting the amount ?$66,000?.
On
page four, section one-c, line fifty-four, immediately after the words ?July 1,
2017?, by striking out the following:
?and
continuing thereafter, Natural Resources Police Officers shall be paid the
minimum annual salaries based on the following schedule: Provided, That the director may increase the base pay for all ranks
within the law-enforcement section:
ANNUAL
SALARY SCHEDULE (BASE PAY)
SUPERVISORY
AND NONSUPERVISORY RANKS
Natural Resources Police
Officer (In1-6 months)......................................................... $33,994
Natural Resources Police
Officer (After Academy Through First Year) ...................... $41,258
Natural Resources Police
Officer Second Year ........................................................... $42,266
Natural Resources Police
Officer Third Year ............................................................... $42,649
Senior Natural Resources
Police Officer (4th - 5th Year) ............................................ $43,048
Natural Resources Police
Officer First Class (6th - 9th Year) ..................................... $43,654
Corporal (10+ years) .................................................................................................... $44,260
Sergeant ....................................................................................................................... $48,561
First Sergeant ............................................................................................................... $50,712
Lieutenant ..................................................................................................................... $55,013
Captain ......................................................................................................................... $57,164
Major ............................................................................................................................. $59,314
Lieutenant Colonel ....................................................................................................... $61,465
Colonel ......................................................................................................................... $70,000
Each
Natural Resources Police Officer whose salary is fixed and specified in this
annual salary schedule is entitled to the length of service increases set forth
in subsection one-a of this article.? and inserting in lieu thereof the following:
?The director may set
additional annual compensation for Natural Resources Police Officers based on
rank and length of service in addition to the minimum annual salaries provided
in this section in an amount payable solely from the Law Enforcement Program
Fund and the Special
Revenue License Fund.? Each Natural
Resource Police Office whose minimum salary is fixed and specified in the
Annual Salary Schedule in this section is entitled to the length of service
increases set forth in section one-a of this article.?
And,
By striking out the
enacting clause in its entirety, and inserting in lieu thereof the following:
?That ?20-7-1c of the Code
of West Virginia, 1931, as amended, be amended and reenacted, all to read as
follows? and a colon.
The bill was ordered to third reading.
??????????? Com.
Sub. for S. B. 499,
Creating Debt Resolution Services Division in Auditor's office; on second
reading, coming up in regular order, was read a second time and ordered to
third reading.
??????????? Com.
Sub. for S. B. 563,
Relating to Consumer Credit and Protection Act; on second reading, coming up in
regular order, was read a second time and ordered to third reading.
S.
B. 621, Providing
certain rules inapplicable after county board of education notifies state board
of possible closing or consolidations; on second 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.
??????????? Com.
Sub. for H. B. 2018,
Budget Bill, making appropriations of public money out of the treasury in
accordance with section fifty-one, article six of the Constitution; on second
reading, coming up in regular order, was read a second time.
??????????? The Speaker reminded the Members
that pursuant to the unanimous consent request on yesterday, the bill would be
advanced to third reading with the right to amend on that reading.
??????????? The bill was then advanced to third
reading with the right to amend on that 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 S. B. 134,
Authorizing Bureau of Commerce to promulgate legislative rules,
??????????? Com.
Sub. for S. B. 240,
Creating crime of nonconsensual distribution of sexual images,
??????????? Com.
Sub. for S. B. 255,
Relating generally to filling vacancies in elected office,
??????????? Com.
Sub. for S. B. 299,
Supplementing, amending, decreasing and increasing items of appropriations from
State Road Fund to DOH,
??????????? S.
B. 339, Creating
Legislative Coalition on Chronic Pain Management,
??????????? S.
B. 360, Creating
Legislative Coalition on Diabetes Management,
??????????? Com.
Sub. for S. B. 402,
Relating to covenants not to compete between physicians and hospitals,
??????????? Com.
Sub. for S. B. 441,
Establishing Municipal Home Rule Pilot Program,
??????????? S.
B. 490, Clarifying
standard of liability for officers of corporation,
??????????? S.
B. 578, Relating
generally to copies of health care records furnished to patients,
??????????? Com.
Sub. for S. B. 602,
Creating uniform system of recording and indexing fictitious names used by sole
proprietors,
??????????? Com.
Sub. for S. B. 606,
Relating to minimum wage and maximum hours for employees,
??????????? Com.
Sub. for S. B. 631,
Prosecuting violations of municipal building code,
??????????? Com.
Sub. for S. B. 636,
Authorizing State Fire Commission establish program to address problems facing
VFDs,
??????????? And,
??????????? S.
B. 690, Authorizing WV
State Police impose and collect fees for agencies and entities using their
facilities.
At
2:04 p.m., on motion of Delegate Cowles, the House of Delegates recessed until
7:00 p.m.
* * * * * * *
Evening Session
* * * * * * *
??????????? ?The House of Delegates was called to ordered
by The Honorable Tim Armstead, Speaker.
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:
??????????? H. B. 2188,
Extending the length of time for the special Community-Based Pilot Demonstration
Project to Improve Outcomes for At-Risk Youth.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? H. B. 2518,
Creating a legislative rule to permit a pharmacist or pharmacy intern to
administer certain immunizations.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with a title amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2519, Medicaid program compact.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment:
Com. Sub. for H. B. 2519 ? ?A Bill to amend the Code of West
Virginia 1931, as amended, by adding thereto a new section, designated ?9-5-25,
relating to requiring Secretary of the Department of Health and Human Resources
contact surrounding states to establish a Medicaid compact; required reporting;
and setting forth purpose of the compact.?
??????????? The bill, as amended by the Senate,
was then put upon its passage.
??????????? On the passage of the bill, the yeas
and nays were taken (Roll No. 368),
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: Blair.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2519) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with a title amendment, a bill of the House of Delegates, as follows:
??????????? H. B. 2522,
Nurse licensure compact.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment:
H. B. 2522 ? ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated
?30-7F-1, ?30-7F-2, ?30-7F-3, ?30-7F-4, ?30-7F-5, ?30-7F-6, ?30-7F-7, ?30-7F-8,
?30-7F-9, ?30-7F-10 and ?30-7F-11, all relating to the establishment and
operation of an interstate compact for licensure of nurses; setting forth
findings; setting forth the purposes for the compact; defining terms;
establishing jurisdiction of the compact; providing eligibility requirements;
requiring a nurse to designate a state of principal license; providing
licensure requirements; establishing a licensure process; establishing
application process; providing for fees; providing requirements for renewal of
a license; providing for joint investigation of nurses by member boards;
establishing the effect of disciplinary actions; creating the commission to
administer the compact; setting forth commission composition; establishing the
authority of the commission; providing immunity; establishing commission rule
making authority; establishing licensure information system; providing for
compact administrators; providing for judicial review; providing for state
enforcement; providing the commission may intervene in proceedings; providing
for legal enforcement of compact rules and provisions; providing for
termination or withdrawal of a member state; providing for compact oversight
and dispute resolution; setting forth provisions for resolution of disputes;
establishing provisions for state eligibility; setting forth the circumstances
under which the compact will become effective; providing for amending the
compact; setting forth procedures for states to withdraw from the compact;
providing process to amend the compact; and establishing provisions related to
severability.?
??????????? The bill, as amended by the Senate,
was then put upon its passage.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 369), 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: Blair.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 2522) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? ?The Clerk of the
Senate, announced that the Senate had passed, without amendment, a bill of the
House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2586, Relating to required minimum distribution of retirement benefits
of plans administered by the Consolidated Public Retirement Board.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? H. B. 2653,
Extending the Multi State Real-Time Tracking System.
??????????? A message from the Senate, by
??????????? ?The Clerk of the
Senate, announced that the Senate had passed, without amendment, a bill of the
House of Delegates as follows:
??????????? H. B. 2706,
Authorizing legislative rules regarding higher education.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with a title amendment, to take effect from passage, a bill of the
House of Delegates, as follows:
??????????? H. B. 2796,
Relating to the West Virginia National Guard entering into contracts and
subcontracts for specialized technical services.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment:
??????????? Com.
Sub. for H. B. 2796 ? ?A
Bill to amend and reenact ?15-1J-2 and ?15-1J-4 of the Code of West Virginia,
1931, as amended, all relating to authorizing the West Virginia Military
Authority to contract on behalf of the West Virginia National Guard with the
federal government, certain other entities and individuals for specialized
technical services to support specific activities related to national security,
homeland security and other military-related programs.?
??????????? The bill, as amended by the Senate,
was then put upon its passage.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 370), 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: Blair.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2796) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 371), 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: Blair.
??????????? 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. 2796) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with a title amendment, a bill of the House of Delegates, as follows:
??????????? H. B. 2856,
Declaring public policy and legislative intent for improving the marketing,
quality and frequency of passenger rail service of the Cardinal Passenger
Train.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment:
Com. Sub. for H. B. 2856 ? ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated
?5B-2-9a, relating to declaring it the public policy of the State and the
Legislature?s intent to improve the marketing, quality and frequency of
passenger rail service of the Cardinal Passenger Train operated by the National
Railroad Passenger Corporation, doing business as AMTRAK, along the route
crossing the south-central region of the state from Huntington eastward to
White Sulphur Springs; establishing the powers and duties of the Commissioner
of the Division of Tourism and the Tourism Commission to achieve such policy;
directing the West Virginia Department of Transportation and the West Virginia
State Rail Authority to cooperate with the Tourism Commission to achieve such
policy; authorizing the Commissioner of Tourism to cooperate with other states
and the National Railroad Passenger Corporation to achieve such policy;
authorizing the Commissioner of Tourism to participate in an interstate body to
achieve such policy; and creating a special revenue account, the Cardinal
Passenger Train Enhancement Fund, for receipt of certain gifts, grants,
bequests, transfers, appropriations or other donations which may be received.?
??????????? The bill, as amended by the Senate,
was then put upon its passage.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 372), and there were--yeas
96, nays 3, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Folk, Howell and Wilson.
??????????? Absent and Not Voting: Blair.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2856) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
House of Delegates amendment, with title amendment, and the passage, as
amended, to take effect from passage, of
??????????? Com. Sub. for S.
B. 125, Authorizing DHHR promulgate legislative rules.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment:
Com. Sub. for S. B. 125 ? ?A Bill to amend and reenact ?64-5-1
and ?64-5-2 of the Code of West Virginia, 1931, as amended, all relating
generally to promulgation of legislative rules by the Department of Health and
Human Resources and the Health Care Authority; authorizing certain agencies to
promulgate certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee; authorizing
certain agencies to promulgate certain legislative rules with amendments
recommended by the Legislature; authorizing the Health Care Authority to
promulgate a legislative rule relating to the Hospital Assistance Grant
Program; authorizing the Health Care Authority to promulgate a legislative rule
relating to exemption from certificate of need; authorizing the Health Care
Authority to promulgate a legislative rule relating to Rural Health Systems
Grant Program; authorizing the Health Care Authority to promulgate a
legislative rule relating to certificate of need; authorizing the Department of
Health and Human Resources to promulgate a legislative rule relating to
expedited partner therapy; authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to clinical laboratory
technician and technologist licensure and certification; authorizing the
Department of Health and Human Resources to promulgate a legislative rule
relating to clandestine drug laboratory remediation; authorizing the Department
of Health and Human Resources to promulgate a legislative rule relating to
medication-assisted treatment?opioid treatment programs; and authorizing the
Department of Health and Human Resources to promulgate a legislative rule
relating to medication-assisted treatment?office-based, medication-assisted
treatment.?
??????????? The bill, as amended by the Senate,
was then put upon its passage.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 373), and there were--yeas
98, nays 1, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Walters.
??????????? Absent and Not Voting: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 125) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 374), and there
were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and
not voting being as follows:
??????????? Nays: Howell and Walters.
??????????? Absent and Not Voting: Blair.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 125) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
amendment of the House of Delegates and the passage, as amended, of
??????????? Com. Sub. for S.
B. 173, Relating generally to autocycles.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
amendment of the House of Delegates and the passage, as amended, of
??????????? Com. Sub. for S.
B. 230, Relating to certain WV officials carrying concealed firearm
nationwide.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced the passage by the
Senate, to take effect from passage, and requested the concurrence of the House
of Delegates in the passage, of
??????????? Com. Sub. for S. B. 304 - ?A Bill expiring funds to the
unappropriated surplus balance in the State Fund, General Revenue, for the
fiscal year ending June 30, 2017, in the amount of $2,700,000 from the
Department of Revenue, Office of the Secretary ? Revenue Shortfall Reserve
Fund, fund 7005, fiscal year 2017, organization 0701, and making a
supplementary appropriation of public moneys out of the Treasury from the
balance of moneys remaining as an unappropriated surplus balance in the State
Fund, General Revenue, to the Department of Health and Human Resources,
Division of Health ? Central Office, fund 0407, fiscal year 2017, organization
0506, and the Department of Health and Human Resources, Division of Human
Services, fund 0403, fiscal year 2017, organization 0511 by supplementing and
amending the appropriations for the fiscal year ending June 30, 2017?; which
was referred to the Committee on Finance.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
amendment of the House of Delegates and the passage, as amended, of
??????????? Com. Sub. for S.
B. 522, Relating to pharmacy audits.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
amendment of the House of Delegates and the passage, as amended, of
??????????? Com. Sub. for S.
B. 575, Limiting nuisance actions against shooting ranges for noise.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced the passage by the
Senate, to take effect from passage, and requested the concurrence of the House
of Delegates in the passage, of
??????????? S. B. 694 - ?A Bill expiring funds to the unappropriated
surplus balance in the State Fund, General Revenue, for the fiscal year ending
June 30, 2017, in the amount of $3,300,000 from the Department of Revenue,
Office of the Secretary ? Revenue Shortfall Reserve Fund, fund 7005, fiscal
year 2017, organization 0701, and making a supplementary appropriation of
public moneys out of the Treasury from the balance of moneys remaining as an
unappropriated surplus balance in the State Fund, General Revenue, to the
Department of Administration, Division of Finance, fund 0203, fiscal year 2017,
organization 0209, by supplementing and amending the appropriations for the
fiscal year ending June 30, 2017?; which was referred to the Committee on
Finance.
Second
Reading
??????????? Com. Sub. for S. B. 484, Relating generally to taxation; on
second reading, having been read a second time and placed at the foot of the
calendar in earlier proceedings, was reported by the Clerk.
??????????? An amendment, recommended by the
Committee on Finance, was reported by the Clerk on page one, following the
enacting clause, by striking out the remainder of the bill and inserting in
lieu thereof the following:
?That ?11-15-3,
?11-15-8,
?11-15-8a
and ?11-15-9 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that said code be amended by adding thereto a new section,
designated ?11-15-3d; and that ?11-15A-2
of said code be amended and reenacted, all to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
?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)(1)
Amount of tax. -- The general consumer sales and service tax imposed by
this article shall be at the rate of 6? on the dollar of sales or services,
excluding gasoline and special fuel sales, which remain taxable at the rate of
5? on the dollar of sales.? Beginning July 1, 2018, and thereafter, the general
consumer sales and service tax imposed by this article shall be at the rate of
5.5? on the dollar of sales or services, excluding gasoline and special fuel
sales, which remain taxable at the rate of 5? on the dollar of sales.? Beginning July 1, 2019, and thereafter, the
general consumer sales and service tax imposed by this article shall be at the
rate of 5.25? on the dollar of sales or services, excluding gasoline and
special fuel sales, which remain taxable at the rate of 5? on the dollar of sales.
(2) On
August 1, 2020 and each August 1 thereafter through August 1, 2028, the Tax
Commissioner shall determine the following:
(A) The ?general
consumer sales tax base? by dividing the total general consumer sales taxes
collected in the prior fiscal year by the rate of tax in effect on July 1 of
that fiscal year;
(B) The ?prospective
tax rate? by subtracting 0.25? from the current tax rate;
(C) The ?prospective
tax revenue? by multiplying the general consumer sales tax base by the
prospective tax rate;
(D) The ?fiscal
year 2017 benchmark tax revenue? by increasing the general consumer sales tax
revenue collected during the fiscal year ending June 30, 2017, by the
percentage increase in the Consumer Price Index for All Urban Consumers as
published by the United States Department of Labor between June 30, 2017, and
June 30 of the current year; and
(E) The ?difference?
by subtracting the Fiscal Year 2017 benchmark tax revenue from the prospective
tax revenue.
(3)(A)
If the difference as determined in subdivision (2) of this subsection is
greater than zero, then the rate of the general consumer sales and service tax
imposed by this article on the dollar of sales or services then in effect shall
be reduced by twenty-five hundredths of a cent, effective on and after January
1 of the next calendar year.
(B) In
the event a rate reduction is required by operation of this subdivision, the
Tax Commissioner shall give notification of the reduced rate of this tax
imposed by this article at least one hundred twenty days in advance of the
January 1 upon which the reduced rate will become effective by filing notice of
the same in the State Register and by other means as the Tax Commissioner
considers reasonable.
(C) In
no event may the operation of this subdivision reduce the general rate below
4.75? on the dollar of sales or services.
(D) In
no event may the rate be reduced by operation of this subdivision after January
1, 2029: Provided, That a reduced
rate in effect on January 1, 2029, pursuant to this subdivision, shall remain
in effect after that date.
(E)?
Any rate of the general consumer sales and service tax established by
operation of this subdivision is excluding gasoline and special fuel sales,
which remain taxable at the rate of 5? on the dollar of sales.
(c)
Calculation tax on fractional parts of a dollar until January 1, 2004. --
There shall be no tax on sales where the monetary consideration is 5? or less.
The amount of the tax shall be computed as follows:
(1) On
each sale, where the monetary consideration is from 6? to 16?, both inclusive,
1?.
(2) On
each sale, where the monetary consideration is from 17? to 33?, both inclusive,
2?.
(3) On
each sale, where the monetary consideration is from 34? to 50?, both inclusive,
3?.
(4) On
each sale, where the monetary consideration is from 51? to 67?, both inclusive,
4?.
(5) On
each sale, where the monetary consideration is from 68? to 84?, both inclusive,
5?.
(6) On
each sale, where the monetary consideration is from 85? to $1, both inclusive,
6?.
(7) If
the sale price is in excess of $1, 6? on each whole dollar of sale price, and
upon any fractional part of a dollar in excess of whole dollars as follows: 1?
on the fractional part of the dollar if less than 17?; 2? on the fractional
part of the dollar if in excess of 16? but less than 34?; 3? on the fractional
part of the dollar if in excess of 33? but less than 51?; 4? on the fractional
part of the dollar if in excess of 50? but less than 68?; 5? on the fractional
part of the dollar if in excess of 67? but less than 85?; and 6? on the
fractional part of the dollar if in excess of 84?. For example, the tax on
sales from $1.01 to $1.16, both inclusive, 7?; on sales from $1.17 to $1.33,
both inclusive, 8?; on sales from $1.34 to $1.50, both inclusive, 9?; on sales
from $1.51 to $1.67, both inclusive, 10?; on sales from $1.68 to $1.84, both
inclusive, 11? and on sales from $1.85 to $2, both inclusive, 12?: 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)
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) 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) 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.
(g) Construction;
custom software. -- After December 31, 2003, whenever the words ?tangible
personal property? or ?property? appear in this article, the same shall also
include the words ?custom software?.
(h) 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.
(i) For
purposes of this article and articles fifteen-a and fifteen-b
of this chapter, the term ?general rate? refers to the current rate of the
consumer sales and service tax as provided in subsection (b) of this article.
?11-15-3d. Imposition of consumers sales tax on telecommunications
service and ancillary services.
(a)
Notwithstanding the provisions of section eight of this article or any other
provision of this code to the contrary, on and after July 1, 2017,
telecommunications service and ancillary services, as defined in article
fifteen-b of this chapter, shall be subject to the consumers sales and service
tax imposed by this article, and the use tax imposed by article fifteen-a of
this chapter: Provided, That payment
of the tax imposed under this article or under article fifteen-a of this
chapter on prepaid wireless services is sufficient to fulfill the mandate of
this section, and prepaid wireless services shall not be subjected to double
taxation under this article: Provided,
however, That this section shall not be interpreted to prevent imposition
of any other lawfully imposed municipal tax or fee or any other tax or fee
lawfully imposed under any state or federal law, or the laws of any subdivision
thereof on such prepaid wireless services.
(b) The
tax imposed by this section shall be in addition to any municipal utilities
tax, municipal consumers sales and service tax and use tax, or other tax
lawfully imposed on telephone service, telecommunications service and ancillary
services.
(c) The
sale of telecommunications service and ancillary services on which tax is
imposed by this section shall be subject to sourcing rules of the Streamlined
Sales Tax Agreement as defined in article fifteen-b of this chapter.
?11-15-8. Furnishing of services included;
exceptions.
(a) The
provisions of this article apply not only to selling tangible personal property
and custom software, but also to the furnishing of all services, except
professional and personal services, and except those services furnished by
businesses subject to the control of the Public Service Commission when the
service or the manner in which it is delivered is subject to regulation by the
Public Service Commission.
?(b) Notwithstanding any provision of
subsection (a) of this section to the contrary, beginning July 1, 2017, the
following personal services done to or performed on the person of an individual
that are directly from one person to another are subject to the tax imposed
under this article:? Barbering,
massaging, manicuring, hair setting, hair washing and dyeing, shoe-shining
while the shoes are worn by the customer, and non-medical personal care
services.
?11-15-8a. Contractors.
(a)
The provisions of this article shall not apply to contracting services:? Provided,
That except for purchases by a contractor of tangible personal
property or taxable services for use or consumption in the providing of a
contracting service, beginning
on July 1, 2017, the provisions of this article shall apply to the first
$40,000 of consideration paid for contracting services pursuant to a contract
entered into on or after July 1, 2017: Provided,
however, That However, purchases by a contractor of tangible
personal property or taxable services for use or consumption in the providing
of a contracting service shall be taxable beginning March 1, 1989, except as
otherwise provided in this article.
(b)
Transition rules. -- The exemption from payment of tax on purchases of tangible
personal property or taxable services directly used or consumed in the activity
of contracting, as defined in section two of this article, which expires as of
March 1, 1989, shall nevertheless remain in effect with respect to:
(1)
Tangible personal property or taxable services purchased by a contractor on or
after said first day of March in fulfillment of a written contract for
contracting, as defined in section two of this article, that was executed and
legally binding on the parties thereto on or before February 15, 1989; or in
fulfillment of a written contract entered into after February 15 pursuant to a
written bid for contracting that was made on or before February 15 that was
binding on the contractor, but only to the extent that the bid is subsequently
incorporated into a written contract; or
(2)
Tangible personal property or taxable services purchased by a contractor on or
after March 1 pursuant to a written contract executed on or before February 15,
1989, to purchase in specified quantities identified tangible personal property
or specified taxable services; or
(3)
Tangible personal property or taxable services purchased by a contractor for consumption
or use in fulfillment of a written contract entered into before September 1,
1989, when such contract is for the construction of a new improvement to real
property the construction or operation of which was approved by a federal or
state regulatory body prior to February 1, 1989, or pursuant to a federal grant
awarded prior to such first day of February.
?(c) Renewals and extensions. -- A renewal of
any contract shall constitute a new contract for purposes of this section, and
the date of entry into a contract renewal by the parties, the date or dates of
tender of consideration and the time of performance of any contractual
obligations under a renewed contract shall be treated as the dates for
determining application of this section to the renewed contract. Extensions of
time granted or agreed upon by the parties to a contract for performance of the
contract or for tender of consideration under the contract shall not be treated
as contract renewals. Contracts to which such extensions apply shall be treated
under these transition rules as if the original contractual provisions for
performance and tender of consideration remain in effect.
(d) Definitions. -- For purposes of this
section:
(1) The
term ?contract? or ?contracts? means written agreements reciting or setting
forth a fixed price consideration or a consideration based upon cost plus a
stated percentage or a stated monetary increment. This term shall not mean or
include ongoing sales contracts, contracts whereby any element of the consideration
or the property or services sold or to be rendered in performance of the
contract are undefined, or determined, as to either nature or quantity,
subsequent to the making of the contract, or any open-ended contract.
(2) The
term ?contract renewal? or ?renewal? means a covenant or agreement entered into
or assumed by parties which have a current contractual relation or which have
had a past contractual relation, whereby the parties agree to incur obligations
beyond those which they were, or would have been, required, at the minimum, to
carry out under their current or past contractual relation.
?11-15-9. Exemptions.
(a)
Exemptions for which exemption certificate may be issued. -- A person
having a right or claim to any exemption set forth in this subsection may, in
lieu of paying the tax imposed by this article and filing a claim for refund,
execute a certificate of exemption, in the form required by the Tax
Commissioner, and deliver it to the vendor of the property or service in the
manner required by the Tax Commissioner. However, the Tax Commissioner may, by
rule, specify those exemptions authorized in this subsection for which
exemption certificates are not required. The following sales of tangible
personal property and services are exempt as provided in this subsection:
(1)
Sales of gas, steam and water delivered to consumers through mains or
pipes and sales of electricity;
(2)
Sales of textbooks required to be used in any of the schools of this state or
in any institution in this state which qualifies as a nonprofit or educational
institution subject to the West Virginia Department of Education and the Arts,
the board of Trustees of the University System of West Virginia or the board of
directors for colleges located in this state;
(3)
Sales of property or services to this state, its institutions or subdivisions,
governmental units, institutions or subdivisions of other states: Provided,
That the law of the other state provides the same exemption to governmental
units or subdivisions of this state and to the United States, including
agencies of federal, state or local governments for distribution in public
welfare or relief work;
(4)
Sales of vehicles which are titled by the Division of Motor Vehicles and which
are subject to the tax imposed by section four, article three, chapter
seventeen-a of this code or like tax;
(5)
Sales of property or services to churches which make no charge whatsoever for
the services they render: Provided, That the exemption granted in this
subdivision applies only to services, equipment, supplies, food for meals and
materials directly used or consumed by these organizations and does not apply
to purchases of gasoline or special fuel;
(6)
Sales of tangible personal property or services to a corporation or
organization which has a current registration certificate issued under article
twelve of this chapter, which is exempt from federal income taxes under Section
501(c)(3) or (c)(4) of the Internal Revenue Code of 1986, as amended, and which
is:
(A) A
church or a convention or association of churches as defined in Section 170 of
the Internal Revenue Code of 1986, as amended;
(B) An
elementary or secondary school which maintains a regular faculty and curriculum
and has a regularly enrolled body of pupils or students in attendance at the
place in this state where its educational activities are regularly carried on;
(C) A
corporation or organization which annually receives more than one half of its
support from any combination of gifts, grants, direct or indirect charitable
contributions or membership fees;
(D) An
organization which has no paid employees and its gross income from fundraisers,
less reasonable and necessary expenses incurred to raise the gross income (or
the tangible personal property or services purchased with the net income), is
donated to an organization which is exempt from income taxes under Section
501(c)(3) or (c)(4) of the Internal Revenue Code of 1986, as amended;
(E) A
youth organization, such as the Girl Scouts of the United States of America,
the Boy Scouts of America or the YMCA Indian Guide/Princess Program and the
local affiliates thereof, which is organized and operated exclusively for
charitable purposes and has as its primary purpose the nonsectarian character
development and citizenship training of its members;
(F) For
purposes of this subsection:
(i) The
term ?support? includes, but is not limited to:
(I)
Gifts, grants, contributions or membership fees;
(II)
Gross receipts from fundraisers which include receipts from admissions, sales
of merchandise, performance of services or furnishing of facilities in any
activity which is not an unrelated trade or business within the meaning of
Section 513 of the Internal Revenue Code of 1986, as amended;
(III)
Net income from unrelated business activities, whether or not the activities
are carried on regularly as a trade or business;
(IV)
Gross investment income as defined in Section 509(e) of the Internal Revenue
Code of 1986, as amended;
(V) Tax
revenues levied for the benefit of a corporation or organization either paid to
or expended on behalf of the organization; and
(VI) The
value of services or facilities (exclusive of services or facilities generally
furnished to the public without charge) furnished by a governmental unit
referred to in Section 170(c)(1) of the Internal Revenue Code of 1986, as
amended, to an organization without charge. This term does not include any gain
from the sale or other disposition of property which would be considered as
gain from the sale or exchange of a capital asset or the value of an exemption
from any federal, state or local tax or any similar benefit;
(ii) The
term ?charitable contribution? means a contribution or gift to or for the use
of a corporation or organization, described in Section 170(c)(2) of the
Internal Revenue Code of 1986, as amended; and
(iii)
The term ?membership fee? does not include any amounts paid for tangible
personal property or specific services rendered to members by the corporation
or organization;
(G) The
exemption allowed by this subdivision does not apply to sales of gasoline or
special fuel or to sales of tangible personal property or services to be used
or consumed in the generation of unrelated business income as defined in
Section 513 of the Internal Revenue Code of 1986, as amended. The exemption
granted in this subdivision applies only to services, equipment, supplies and
materials used or consumed in the activities for which the organizations
qualify as tax-exempt organizations under the Internal Revenue Code and does
not apply to purchases of gasoline or special fuel;
(7) An
isolated transaction in which any taxable service or any tangible personal
property is sold, transferred, offered for sale or delivered by the owner of
the property or by his or her representative for the owner's
account, the sale, transfer, offer for sale or delivery not being made in the
ordinary course of repeated and successive transactions of like character by
the owner or on his or her account by the representative: Provided, That
nothing contained in this subdivision may be construed to prevent an owner who
sells, transfers or offers for sale tangible personal property in an isolated
transaction through an auctioneer from availing himself or herself of the
exemption provided in this subdivision, regardless of where the isolated sale
takes place. The Tax Commissioner may propose a legislative rule for
promulgation pursuant to article three, chapter twenty-nine-a of this code
which he or she considers necessary for the efficient administration of this
exemption;
(8)
Sales of tangible personal property or of any taxable services rendered for use
or consumption in connection with the commercial production of an agricultural
product the ultimate sale of which is subject to the tax imposed by this
article or which would have been subject to tax under this article: Provided,
That sales of tangible personal property and services to be used or consumed in
the construction of or permanent improvement to real property and sales of
gasoline and special fuel are not exempt: Provided, however, That nails
and fencing may not be considered as improvements to real property;
(9)
Sales of tangible personal property to a person for the purpose of resale in
the form of tangible personal property: Provided, That sales of gasoline
and special fuel by distributors and importers is taxable except when the sale
is to another distributor for resale: Provided, however, That sales of
building materials or building supplies or other property to any person
engaging in the activity of contracting, as defined in this article, which is
to be installed in, affixed to or incorporated by that person or his or her
agent into any real property, building or structure is not exempt under this
subdivision;
(10)
Sales of newspapers when delivered to consumers by route carriers;
(11)
Sales of drugs durable medical goods, mobility-enhancing equipment and
prosthetic devices dispensed upon prescription and sales of insulin to
consumers for medical purposes. The amendment to this subdivision shall apply
to sales made after December 31, 2003;
(12)
Sales of radio and television broadcasting time, preprinted advertising
circulars and newspaper and outdoor advertising space for the advertisement of
goods or services;
(13)
Sales and services performed by day care centers.
(14) Casual
and occasional sales of property or services not conducted in a repeated manner
or in the ordinary course of repetitive and successive transactions of like
character by a corporation or organization which is exempt from tax under
subdivision (6) of this subsection on its purchases of tangible personal
property or services. For purposes of this subdivision, the term ?casual and
occasional sales not conducted in a repeated manner or in the ordinary course
of repetitive and successive transactions of like character? means sales of
tangible personal property or services at fundraisers sponsored by a
corporation or organization which is exempt, under subdivision (6) of this
subsection, from payment of the tax imposed by this article on its purchases
when the fundraisers are of limited duration and are held no more than six
times during any twelve-month period and ?limited duration? means no more than
eighty-four consecutive hours: Provided, That sales for volunteer fire
departments and volunteer school support groups, with duration of events being
no more than eighty-four consecutive hours at a time, which are held no more
than eighteen times in a twelve-month period for the purposes of this
subdivision are considered ?casual and occasional sales not conducted in a
repeated manner or in the ordinary course of repetitive and successive
transactions of a like character?;
(15)
Sales of property or services to a school which has approval from the board of
Trustees of the University System of West Virginia or the board of Directors of
the state College System to award degrees, which has its principal campus in
this state and which is exempt from federal and state income taxes under
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended:
Provided, That sales of gasoline and special fuel are taxable;
(16)
Sales of lottery tickets and materials by licensed lottery sales agents and
lottery retailers authorized by the state Lottery Commission, under the
provisions of article twenty-two, chapter twenty-nine of this code;
(17)
Leases of motor vehicles titled pursuant to the provisions of article three,
chapter seventeen-a of this code to lessees for a period of thirty or more
consecutive days;
(18)
Notwithstanding the provisions of section eighteen or eighteen-b of this
article or any other provision of this article to the contrary, sales of
propane to consumers for poultry house heating purposes, with any seller to the
consumer who may have prior paid the tax in his or her price, to not pass on
the same to the consumer, but to make application and receive refund of the tax
from the Tax Commissioner pursuant to rules which are promulgated after being
proposed for legislative approval in accordance with chapter twenty-nine-a of
this code by the Tax Commissioner;
(19) Any
sales of tangible personal property or services purchased and lawfully paid for
with food stamps pursuant to the federal food stamp program codified in 7 U. S.
C. ?2011, et seq., as amended, or with drafts issued through the West
Virginia special supplement food program for women, infants and children
codified in 42 U. S. C. ?1786;
(20)
Sales of tickets for activities sponsored by elementary and secondary schools
located within this state;
(21)
Sales of electronic data processing services and related software: Provided, That beginning on
October 1, 2017, sales of electronic data processing services and related
software to an ultimate consumer are subject to the tax imposed by this
article: Provided, however, That, for the purposes of this
subdivision, ?electronic data processing services? means:
(A) The
processing of another's
data, including all processes incident to processing of data such as
keypunching, keystroke verification, rearranging or sorting of previously
documented data for the purpose of data entry or automatic processing and
changing the medium on which data is sorted, whether these processes are done
by the same person or several persons; and
(B)
Providing access to computer equipment for the purpose of processing data or
examining or acquiring data stored in or accessible to the computer equipment;
(22)
Tuition charged for attending educational summer camps;
(23)
Dispensing of services performed by one corporation, partnership or limited
liability company for another corporation, partnership or limited liability
company when the entities are members of the same controlled group or are
related taxpayers as defined in Section 267 of the Internal Revenue Code. ?Control?
means ownership, directly or indirectly, of stock, equity interests or
membership interests possessing fifty percent or more of the total combined
voting power of all classes of the stock of a corporation, equity interests of
a partnership or membership interests of a limited liability company entitled
to vote or ownership, directly or indirectly, of stock, equity interests or
membership interests possessing fifty percent or more of the value of the
corporation, partnership or limited liability company;
(24)
Food for the following are exempt:
(A) Food
purchased or sold by a public or private school, school-sponsored student
organizations or school-sponsored parent-teacher associations to students
enrolled in the school or to employees of the school during normal school
hours; but not those sales of food made to the general public;
(B) Food
purchased or sold by a public or private college or university or by a student
organization officially recognized by the college or university to students
enrolled at the college or university when the sales are made on a contract
basis so that a fixed price is paid for consumption of food products for a
specific period of time without respect to the amount of food product actually
consumed by the particular individual contracting for the sale and no money is
paid at the time the food product is served or consumed;
(C) Food
purchased or sold by a charitable or private nonprofit organization, a
nonprofit organization or a governmental agency under a program to provide food
to low-income persons at or below cost;
(D) Food
sold by a charitable or private nonprofit organization, a nonprofit
organization or a governmental agency under a program operating in West
Virginia for a minimum of five years to provide food at or below cost to
individuals who perform a minimum of two hours of community service for each
unit of food purchased from the organization;
(E) Food
sold in an occasional sale by a charitable or nonprofit organization, including
volunteer fire departments and rescue squads, if the purpose of the sale is to
obtain revenue for the functions and activities of the organization and the
revenue obtained is actually expended for that purpose;
(F) Food
sold by any religious organization at a social or other gathering conducted by
it or under its auspices, if the purpose in selling the food is to obtain
revenue for the functions and activities of the organization and the revenue
obtained from selling the food is actually used in carrying out those functions
and activities: Provided, That purchases made by the organizations are
not exempt as a purchase for resale; or
(G) Food
sold by volunteer fire departments and rescue squads that are exempt from
federal income taxes under Section 501(c)(3) or (c)(4) of the Internal Revenue
Code of 1986, as amended, when the purpose of the sale is to obtain revenue for
the functions and activities of the organization and the revenue obtained is
exempt from federal income tax and actually expended for that purpose;
(25)
Sales of food by little leagues, midget football leagues, youth football or
soccer leagues, band boosters or other school or athletic booster organizations
supporting activities for grades kindergarten through twelve and similar types
of organizations, including scouting groups and church youth groups, if the
purpose in selling the food is to obtain revenue for the functions and
activities of the organization and the revenues obtained from selling the food
is actually used in supporting or carrying on functions and activities of the
groups: Provided, That the purchases made by the organizations are not exempt
as a purchase for resale;
(26)
Charges for room and meals by fraternities and sororities to their members: Provided,
That the purchases made by a fraternity or sorority are not exempt as a
purchase for resale;
(27)
Sales of or charges for the transportation of passengers in interstate
commerce;
(28)
Sales of tangible personal property or services to any person which this state
is prohibited from taxing under the laws of the United States or under the
Constitution of this state;
(29)
Sales of tangible personal property or services to any person who claims
exemption from the tax imposed by this article or article fifteen-a of this
chapter pursuant to the provision of any other chapter of this code;
(30)
Charges for the services of opening and closing a burial lot;
(31)
Sales of livestock, poultry or other farm products in their original state by
the producer of the livestock, poultry or other farm products or a member of
the producer's
immediate family who is not otherwise engaged in making retail sales of
tangible personal property; and sales of livestock sold at public sales
sponsored by breeders or registry associations or livestock auction markets: Provided,
That the exemptions allowed by this subdivision may be claimed without
presenting or obtaining exemption certificates provided the farmer maintains
adequate records;
(32)
Sales of motion picture films to motion picture exhibitors for exhibition if
the sale of tickets or the charge for admission to the exhibition of the film
is subject to the tax imposed by this article and sales of coin-operated video
arcade machines or video arcade games to a person engaged in the business of
providing the machines to the public for a charge upon which the tax imposed by
this article is remitted to the Tax Commissioner: Provided, That the
exemption provided in this subdivision may be claimed by presenting to the
seller a properly executed exemption certificate;
(33)
Sales of aircraft repair, remodeling and maintenance services when the services
are to an aircraft operated by a certified or licensed carrier of persons or
property, or by a governmental entity, or to an engine or other component part
of an aircraft operated by a certificated or licensed carrier of persons or
property, or by a governmental entity and sales of tangible personal property
that is permanently affixed or permanently attached as a component part of an
aircraft owned or operated by a certificated or licensed carrier of persons or
property, or by a governmental entity, as part of the repair, remodeling or
maintenance service and sales of machinery, tools or equipment directly used or
consumed exclusively in the repair, remodeling or maintenance of aircraft,
aircraft engines or aircraft component parts for a certificated or licensed
carrier of persons or property or for a governmental entity;
(34)
Charges for memberships or services provided by health and fitness
organizations relating to personalized fitness programs: Provided, That beginning on October 1, 2017, charges for
memberships or services provided by health and fitness organizations relating
to personalized fitness programs shall be subject to the tax imposed by this
article;
(35)
Sales of services by individuals who babysit for a profit: Provided,
That the gross receipts of the individual from the performance of baby-sitting
services do not exceed $5,000 in a taxable year;
(36)
Sales of services by public libraries or by libraries at academic institutions
or by libraries at institutions of higher learning;
(37)
Commissions received by a manufacturer's representative;
(38)(A)
Sales of primary opinion research services when:
(A) (i)
The services are provided to an out-of-state client;
(B) (ii)
The results of the service activities, including, but not limited to, reports,
lists of focus group recruits and compilation of data are transferred to the
client across state lines by mail, wire or other means of interstate commerce,
for use by the client outside the State of West Virginia; and
(C) (iii)
The transfer of the results of the service activities is an indispensable part
of the overall service.
(B)
Beginning on October 1, 2017, all sales of primary opinion research services to
an ultimate consumer shall be subject to the tax imposed by this article.
(C) For the
purpose of this subdivision, the term ?primary opinion research? means original
research in the form of telephone surveys, mall intercept surveys, focus group
research, direct mail surveys, personal interviews and other data collection
methods commonly used for quantitative and qualitative opinion research
studies;
(39)
Sales of property or services to persons within the state when those sales are
for the purposes of the production of value-added products: Provided,
That the exemption granted in this subdivision applies only to services,
equipment, supplies and materials directly used or consumed by those persons
engaged solely in the production of value-added products: Provided, however,
That this exemption may not be claimed by any one purchaser for more than five
consecutive years, except as otherwise permitted in this section.
For the
purpose of this subdivision, the term ?value-added product? means the following
products derived from processing a raw agricultural product, whether for human
consumption or for other use. For purposes of this subdivision, the following
enterprises qualify as processing raw agricultural products into value-added
products: Those engaged in the conversion of:
(A)
Lumber into furniture, toys, collectibles and home furnishings;
(B)
Fruits into wine;
(C)
Honey into wine;
(D) Wool
into fabric;
(E) Raw
hides into semifinished or finished leather products;
(F) Milk
into cheese;
(G)
Fruits or vegetables into a dried, canned or frozen product;
(H)
Feeder cattle into commonly accepted slaughter weights;
(I)
Aquatic animals into a dried, canned, cooked or frozen product; and
(J)
Poultry into a dried, canned, cooked or frozen product;
(40)
Sales of music instructional services by a music teacher and artistic services
or artistic performances of an entertainer or performing artist pursuant to a
contract with the owner or operator of a retail establishment, restaurant, inn,
bar, tavern, sports or other entertainment facility or any other business
location in this state in which the public or a limited portion of the public
may assemble to hear or see musical works or other artistic works be performed
for the enjoyment of the members of the public there assembled when the amount
paid by the owner or operator for the artistic service or artistic performance
does not exceed $3,000: Provided, That nothing contained herein may be
construed to deprive private social gatherings, weddings or other private
parties from asserting the exemption set forth in this subdivision. For the purposes
of this exemption, artistic performance or artistic service means and is
limited to the conscious use of creative power, imagination and skill in the
creation of aesthetic experience for an audience present and in attendance and
includes, and is limited to, stage plays, musical performances, poetry
recitations and other readings, dance presentation, circuses and similar
presentations and does not include the showing of any film or moving picture,
gallery presentations of sculptural or pictorial art, nude or strip show
presentations, video games, video arcades, carnival rides, radio or television
shows or any video or audio taped presentations or the sale or leasing of video
or audio tapes, air shows or any other public meeting, display or show other than
those specified herein: Provided, however, That nothing contained herein
may be construed to exempt the sales of tickets from the tax imposed in this
article. The State Tax Commissioner shall propose a legislative rule pursuant
to article three, chapter twenty-nine-a of this code establishing definitions
and eligibility criteria for asserting this exemption which is not inconsistent
with the provisions set forth herein: Provided further, That nude
dancers or strippers may not be considered as entertainers for the purposes of
this exemption.
(41)
Charges to a member by a membership association or organization which is exempt
from paying federal income taxes under Section 501(c)(3) or (c)(6) of the
Internal Revenue Code of 1986, as amended, for membership in the association or
organization, including charges to members for newsletters prepared by the
association or organization for distribution primarily to its members, charges
to members for continuing education seminars, workshops, conventions, lectures
or courses put on or sponsored by the association or organization, including
charges for related course materials prepared by the association or
organization or by the speaker or speakers for use during the continuing
education seminar, workshop, convention, lecture or course, but not including
any separate charge or separately stated charge for meals, lodging,
entertainment or transportation taxable under this article: Provided,
That the association or organization pays the tax imposed by this article on its
purchases of meals, lodging, entertainment or transportation taxable under this
article for which a separate or separately stated charge is not made. A
membership association or organization which is exempt from paying federal
income taxes under Section 501(c)(3) or (c)(6) of the Internal Revenue Code of
1986, as amended, may elect to pay the tax imposed under this article on the
purchases for which a separate charge or separately stated charge could apply
and not charge its members the tax imposed by this article or the association
or organization may avail itself of the exemption set forth in subdivision (9)
of this subsection relating to purchases of tangible personal property for
resale and then collect the tax imposed by this article on those items from its
member;
(42)
Sales of governmental services or governmental materials by county assessors,
county sheriffs, county clerks or circuit clerks in the normal course of local
government operations;
(43)
Direct or subscription sales by the Division of Natural Resources of the
magazine currently entitled Wonderful West Virginia and by the Division
of Culture and History of the magazine currently entitled Goldenseal and
the journal currently entitled West Virginia History;
(44)
Sales of soap to be used at car wash facilities;
(45)
Commissions received by a travel agency from an out-of-state vendor;
(46) The
service of providing technical evaluations for compliance with federal and
state environmental standards provided by environmental and industrial consultants
who have formal certification through the West Virginia Department of
Environmental Protection or the West Virginia Bureau for Public Health or both.
For purposes of this exemption, the service of providing technical evaluations
for compliance with federal and state environmental standards includes those
costs of tangible personal property directly used in providing such services
that are separately billed to the purchaser of such services and on which the
tax imposed by this article has previously been paid by the service provider;
(47)
Sales of tangible personal property and services by volunteer fire departments
and rescue squads that are exempt from federal income taxes under Section
501(c)(3) or (c)(4) of the Internal Revenue Code of 1986, as amended, if the
sole purpose of the sale is to obtain revenue for the functions and activities
of the organization and the revenue obtained is exempt from federal income tax
and actually expended for that purpose;
(48)
Lodging franchise fees, including royalties, marketing fees, reservation system
fees or other fees assessed after December 1, 1997, that have been or may be
imposed by a lodging franchiser as a condition of the franchise agreement; and
(49)
Sales of the regulation size United States flag and the regulation size West
Virginia flag for display.
(b) Refundable
exemptions. -- Any person having a right or claim to any exemption set
forth in this subsection shall first pay to the vendor the tax imposed by this
article and then apply to the Tax Commissioner for a refund or credit, or as
provided in section nine-d of this article, give to the vendor his or her West
Virginia direct pay permit number. The following sales of tangible personal
property and services are exempt from tax as provided in this subsection:
(1)
Sales of property or services to bona fide charitable organizations who make no
charge whatsoever for the services they render: Provided, That the
exemption granted in this subdivision applies only to services, equipment,
supplies, food, meals and materials directly used or consumed by these
organizations and does not apply to purchases of gasoline or special fuel;
(2)
Sales of services, machinery, supplies and materials directly used or consumed
in the activities of manufacturing, transportation, transmission,
communication, production of natural resources, gas storage, generation or
production or selling electric power, provision of a public utility service or
the operation of a utility service or the operation of a utility business, in
the businesses or organizations named in this subdivision and does not apply to
purchases of gasoline or special fuel: Provided,
That beginning on October 1, 2017, all sales of services, machinery, supplies
and materials directly used or consumed in the business activities of
transportation, other than for transportation of coal, or? communication shall be subject to the tax
imposed by this article.
(3)
Sales of property or services to nationally chartered fraternal or social
organizations for the sole purpose of free distribution in public welfare or
relief work: Provided, That sales of gasoline and special fuel are
taxable;
(4)
Sales and services, firefighting or station house equipment, including
construction and automotive, made to any volunteer fire department organized
and incorporated under the laws of the State of West Virginia: Provided,
That sales of gasoline and special fuel are taxable; and
(5)
Sales of building materials or building supplies or other property to an
organization qualified under Section 501(c)(3) or (c)(4) of the Internal
Revenue Code of 1986, as amended, which are to be installed in, affixed to or
incorporated by the organization or its agent into real property or into a
building or structure which is or will be used as permanent low-income housing,
transitional housing, an emergency homeless shelter, a domestic violence
shelter or an emergency children and youth shelter if the shelter is owned,
managed, developed or operated by an organization qualified under Section
501(c)(3) or (c)(4) of the Internal Revenue Code of 1986, as amended. and
(6)
Sales of construction and maintenance materials acquired by a second party for
use in the construction or maintenance of a highway project: Provided,
That in lieu of any refund or credit to the person that paid the tax imposed by
this article, the Tax Commissioner shall pay to the Division of Highways for
deposit into the state Road Fund of the state reimbursement for the tax in the
amount estimated under the provisions of this subdivision: Provided,
however, That by June 15 of each fiscal year, the division shall provide to
the Tax Department an itemized listing of highways projects with the amount of
funds expended for highway construction and maintenance. The Commissioner of
Highways shall request reimbursement of the tax based on an estimate that forty
percent of the total gross funds expended by the agency during the fiscal
period were for the acquisition of materials used for highway construction and
maintenance. The amount of the reimbursement shall be calculated at six percent
of the forty percent.
(c)
Effective date. ? The amendment to
subsection (b) of this section enacted in 2017 shall take effect May 1, 2017,
and shall be construed to prohibit all future transfers to the State Road Fund
established in the State Treasury pursuant to section fifty-two, article six of
the Constitution, under this section of taxes imposed by this article and
article fifteen-a of this chapter.
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) (1)
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. Beginning on January 1, 2018,
the tax imposed by this section shall be at the rate of the consumers sales and
service tax, as provided in section three, article fifteen of this chapter: Provided, That any reductions to the
consumers sales and service tax pursuant to section three, article fifteen
shall also apply to the tax imposed by this section.
(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.?
??????????? On
the adoption of the amendment, Delegate
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 375),
and there were--yeas 53, nays 46, absent and not voting 1, with the nays and
absent and not voting being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Brewer, Butler, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans,
Ferro, Fleischauer, Fluharty, Folk, Gearheart, Hartman, Hicks, Hill,
Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Martin,
McGeehan, Miley, R. Miller, Moye, Paynter, Pethtel, Phillips, Pushkin, Pyles,
Robinson, Rodighiero, Rowe, Sponaugle, Thompson, Upson, Williams and Wilson.
??????????? Absent and Not Voting: Blair.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the amendment was adopted.
??????????? The bill was ordered to third
reading.
??????????? At the request of Delegate Cowles
and by unanimous consent, the House of Delegates returned to the Third Order of
Business for the purpose of receiving committee reports.
Committee Reports
??????????? Delegate Espinosa, Chair of the
Committee on Education, submitted the following report, which was received:
??????????? Your Committee on Education has had
under consideration:
??????????? Com. Sub. for S. B. 656, Relating to Student Data Accessibility, Transparency and
Accountability Act,
??????????? And reports the same back, with
amendments, with the recommendation that it do pass, as amended.
Delegate Nelson, Chair of the Committee
on Finance, submitted the following report, which was received:
??????????? Your Committee on Finance has had
under consideration:
S.
B. 686, Exempting facilities governed by DHHR
that provide direct patient care,
??????????? And reports the same back, with
amendment, with the recommendation that it do pass, as amended.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
??????????? S. B. 667, Limiting authority of Attorney General to disclose certain
information provided by Tax Commissioner,
And,
??????????? S. B. 608, Clarifying lawful business
structures are unaffected by enactment of prohibitory legislation,
And
reports the same back with the recommendation that they each do pass.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
??????????? S. B. 174, Exempting transportation of household goods from PSC jurisdiction,
And reports
the same back, with amendment, with the recommendation that it do pass, as
amended.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
S. J. R. 6, Roads to Prosperity Amendment of 2017,
And
reports the same back with amendment and with the recommendation that it be
adopted, as amended.
Delegate
Anderson, Chair of the Committee on Energy submitted the following report,
which was received:? ??????
Your
Committee on Energy has had under consideration:?
??? ??????? S.
B 687, Relating generally to coal mining, safety and environmental
protection,
And reports
the same back, with amendment, with the recommendation that it do pass, as
amended.
Delegate Nelson, Chair of the Committee
on Finance, submitted the following report, which was received:
??????????? Your Committee on Finance has had
under consideration:
S.
B. 25, Creating
farm-to-food bank tax credit,
Delegate Nelson, Chair of the Committee
on Finance, submitted the following report, which was received:
??????????? Your Committee on Finance has had
under consideration:
??????????? S.
B. 235, Relating to motorcycle
registration renewal,
??????????? Com.
Sub. for S. B. 238, Increasing tax credits allowed for rehabilitation of
certified historic structures,
??????????? Com.
Sub. for S. B. 440, Relating to use of Regional Jail and Correctional
Facility Authority funds,
??????????? S.
B. 444, Establishing Court Advanced Technology Subscription Fund,
??????????? S.
B. 547, Modifying fees paid to
Secretary of State,
??????????? And,
Com.
Sub. for S. B. 622, Relating generally to tax procedures
and administration,
??????????? And reports the same back, with
amendment, with the recommendation that they each do pass, as amended.
Delegate
Espinosa, Chair of the Committee on Education, submitted the following report,
which was received:
Your
Committee on Education has had under consideration:
?Com. Sub. for S. B. 40, Requiring inclusion of protocols for response to
after-school emergencies in school crisis response plans,
And
reports the same back, with amendments, with the recommendation that it do
pass, as amended.?
Delegate
Espinosa, Chair of the Committee on Education, submitted the following report, which
was received:
Your
Committee on Education has had under consideration:
?Com. Sub. for S. B. 630, Establishing Accessibility and Equity in
Public Education Enhancement Act,
??????????? And reports the same back, with
amendment, with the recommendation that it do pass, as amended.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
S. B.
333, Requiring all DHHR-licensed
facilities access WV Controlled Substances Monitoring Program Database,
And
reports the same back, with amendment, with the recommendation that it do pass,
as amended.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee
on the Judiciary has had under consideration:
?Com. Sub. for S. B. 187, Providing for confidentiality of patients'
medical records,
And
reports the same back, with amendment, with the recommendation that it do pass,
as amended.
Miscellaneous Business
Delegate Caputo asked and obtained
unanimous consent that all the remarks regarding the amendments offered to and
the passage of Com. Sub. for S. B. 386 be printed in the Appendix to the
Journal.
At
9:13 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, April 5,
2017.