WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-THIRD LEGISLATURE
REGULAR SESSION, 2017
____________
Charleston, West Virginia,
Thursday, April 6, 2017
The Senate met at
(Senator Carmichael, Mr.
President, in the Chair.)
Prayer was offered by
The Senate was then led in recitation of the
Pledge of Allegiance by the
Honorable
Pending the reading of the Journal of
Wednesday, April 5, 2017,
At the request of Senator
The Senate proceeded to the second order of
business and the introduction of guests.
The Senate then proceeded to the third order
of business.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended with its House of Delegates amended title, and requested the
concurrence of the Senate in the House of Delegates
Eng. Com. Sub. for Senate Bill 4, Allowing
licensed professionals donate time to care of indigent and needy in clinical
setting.
On motion of
Senator
The
following House of Delegates
By striking
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
provided by this section 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, 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 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 engaged in the active practice of licensed
practical 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 licensed practical 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 (c) 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 (c) 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.;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill 4?A Bill to
amend the Code of West Virginia, 1931, as amended by adding thereto a new
section, designated ?30-1-21; to amend and reenact ?30-3-10a of the Code of
West Virginia, 1931, as amended; to amend and reenact ?30-3E-14; to amend and
reenact ?30-4-15 of said code; to amend and reenact ?30-5-17 of said code; to
amend and reenact ?30-7-6a of said code; to amend said code by adding thereto a
new section, designated ?30-7A-6b; to amend and reenact ?30-8-16 of said code; to
amend and reenact ?30-14-12b of said code; to amend said code by adding thereto
a new section, designated ?30-16-7a; to amend and reenact ?30-20-13 of said
code; to amend and reenact ?30-21-17 of said code; and to amend and reenact
?30-28-8a of said code, all relating to allowing professionals to donate time
to the care of indigent and needy; permitting persons who hold an unrestricted
license, certificate, registration or permit granted by another state or
jurisdiction to serve as a volunteer without compensation for a charitable
function for a period not to exceed ten days; permitting specific professionals
who are actively practicing and whose license is in good standing to donate
their expertise for the 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 and providing that such
services may be performed in either the professional?s office or in the
clinical setting; and providing for special volunteer license for licensed
practical nurses and chiropractors.
On motion of Senator Ferns, the following
amendment to the House of Delegates amendments to the bill (Eng. Com. Sub. for S. B. 4) was reported by the Clerk and adopted:
By striking out the title and substituting
therefor a new title, to read as follows:
Eng.
Com. Sub. for Senate Bill 4?A Bill to amend the Code of West Virginia,
1931, as amended by adding thereto a new section, designated ?30-1-21; to amend
and reenact ?30-3-10a of the Code of West Virginia, 1931, as amended; to amend
and reenact ?30-3E-14; to amend and reenact ?30-4-15 of said code; to amend and
reenact ?30-5-17 of said code; to amend and reenact ?30-7-6a of said code; to
amend said code by adding thereto a new section, designated ?30-7-6b; to amend
said code by adding thereto a new section, designated ?30-7A-6a; to amend and reenact ?30-8-16 of said
code; to amend and reenact ?30-14-12b of said code; to amend said code by
adding thereto a new section, designated ?30-16-7a; to amend and reenact
?30-20-13 of said code; to amend and reenact ?30-21-17 of said code; and to
amend and reenact ?30-28-8a of said code, all relating to allowing
professionals to donate time to the care of indigent and needy; permitting
persons who hold an unrestricted license, certificate, registration or permit
granted by another state or jurisdiction to serve as a volunteer without
compensation for a charitable function for a period not to exceed ten days;
permitting specific professionals who are actively practicing and whose license
is in good standing to donate their expertise for the 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 and providing that such services may be performed in either the
professional?s office or in the clinical setting; and providing for special
volunteer license for advance practice registered nurses, licensed practical
nurses and chiropractors.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate
Bill 4, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. Com. Sub. for S. B. 4) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage, to take effect
Eng. Com. Sub. for Senate Bill 300,
Supplemental appropriation from unappropriated balance in Treasury to Division
of Personnel.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage, to take effect
Eng. Com. Sub. for Senate Bill 303,
Supplemental appropriation of public moneys from Treasury to DHHR.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage of, to take effect
Eng. Com. Sub. for Senate Bill 305,
Supplemental appropriation of public moneys from Treasury to Fire Commission.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage of, to take effect
Eng. Com. Sub. for Senate Bill 337, Hiring
correctional officers without regard to placement on correctional officer
register.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage of
Eng. Com. Sub. for Senate Bill 563, Relating
to Consumer Credit and Protection Act.
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2018?A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
At the
request of Senator
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
House Concurrent Resolution 5,
U. S. Navy Rear Admiral Frederick Burdett Warder
Memorial Bridge.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
House Concurrent Resolution 8, Dr. Roy
and Marian Eshenaur Bridge.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
House Concurrent Resolution 10, John Cameron Brown Bridge.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
House Concurrent Resolution 24, SGT.
Eugene E. Arbogast Memorial Bridge.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
House Concurrent Resolution 27, U.S. Army 1LT
Patricia Simon Bridge.
The Senate
proceeded to the
??????????? Senator Maynard, from 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 6th 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. 2180), Authorizing the issuance of special "In
God We Trust" motor vehicle registration plates.
(H. B. 2188), Extending the length of time for the special
Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.
??????????? (H.
B. 2518), Creating a legislative rule to permit a pharmacist or pharmacy
intern to administer certain immunizations.
(Com. Sub. for H. B. 2519), Medicaid program compact.
(Com. Sub. for H. B. 2586), Relating to required minimum distribution of
retirement benefits of plans administered by the Consolidated Public Retirement
Board.
(H. B. 2653), Extending the Multi State Real-Time Tracking
System.
(H. B. 2706), Authorizing legislative rules regarding
higher education.
(H. B. 2796), Relating to the West Virginia National Guard
entering into contracts and subcontracts for specialized technical services.
And,
(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.
??????????????????????????????????????????????????????????????????????? Respectfully
submitted,
??????????????????????????????????????????????????????????????????????? ??Mark R.
Maynard,
??????????????????????????????????????????????????????????????????????? ??? Chair,
Senate Committee.
??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,
??????????????????????????????????????????????????????????????????????? ??? Chair,
House Committee.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2002, Relating to parental notification of abortions performed on
unemancipated minors.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended; but under the original double
committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
At the request of Senator
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2359, Relating to offenses and penalties for practicing osteopathic medicine
without a license.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2620, West Virginia Drug Overdose Monitoring Act.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2648, Increasing penalties for manufacturing or transportation of a controlled
substance in the presence of a minor.
And has amended same.
And,
Eng.
House Bill 2684, Imposing
penalties for repeat violations of the prohibition against driving under the
influence on a suspended license.
And has amended same.
And reports the same back with the
recommendation that they each do pass, as amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2674, Relating to access to and receipt of certain information regarding a
protected person.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng.
House Bill 2675, Relating
to primary elections and nominating procedures.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2704, Prohibiting persons convicted of sexual offenses against children with
whom they hold positions of trust from holding certification or license valid
in public schools.
With amendments from the Committee on
And has also amended same.
And reports the same back with the
recommendation that it do pass as last amended by the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2711, Abolishing regional educational service agencies and providing for the
transfer of property and records.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended; but under the original double
committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2781, Requiring a person desiring to vote to present documentation identifying
the voter to one of the poll clerks.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
The Senate proceeded to the
Senate
Concurrent Resolution 63?
Whereas, U. S. Route 121 is a proposed
highway designated as the Coalfields Expressway, a four-lane highway stretching
from Beckley, West Virginia, to Pound, Virginia, approximately sixty-two miles
in length; and
Whereas, The West Virginia Department of
Transportation officially requested designation of the Coalfields Expressway as
U. S. 121 in May of 1998. It was intended to be constructed as a four-lane,
partially-controlled access highway with at-grade intersections. It is also
intended to be built to the same specifications as Corridor G, H and other Appalachian Development Highway System
highways; and
Whereas, Construction started in 1999 with a
three-level diamond interchange near Welch in western West Virginia. This was
intended to facilitate traffic going between the King Coal Highway/Interstate
73/Interstate 74 and the Coalfields Expressway (U. S. 121); and
Whereas, Grading work was completed in 2003
but the interchange remains incomplete as of 2017; therefore, be it
Resolved
by the Legislature of West Virginia:
That the Joint Committee on Government and
Finance is hereby directed to study options for financing the continued
construction and completion of the Coalfields Expressway; and, be it
Further
Resolved, That study
include potential financing options available to complete construction of U. S.
121, including, but not limited to, through the issuance of special obligation
notes, by securing federal matching funds, and through the addition of
automated toll booths; and, be it
Further
Resolved, That the Joint
Committee on Government and Finance report to the regular session of the
Legislature, in 2018, on its findings, conclusions and recommendations,
together with any drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further
Resolved, That input shall
be sought from appropriate state and local agencies and organizations,
including the Department of Transportation; and, be it
Further
Resolved, That the expenses
necessary to conduct a study, to prepare a report, and to draft necessary
legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
At the request of Senator Smith, and by
unanimous consent, the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the
Senators Woelfel, Plymale, Stollings, Unger
and Beach offered the following resolution:
Senate
Resolution 71?
Whereas, The 2016-2017 St. Joseph?s Irish
girls? basketball team had a dominant year on the court, finishing the season
with a state championship and winning its eighth championship in nine years;
and
Whereas, St. Joseph?s Irish girls?
basketball team roster consists of players: Tyesha Taylor, Kendra Ziegler,
Haylee Hunter, Alexis Hall,
Essence Sims, Paige Shy, Dena Jarrells, Errin Kay, Bailee Adkins and Abby Lee; and
Whereas, The St. Joseph?s Irish girls?
basketball team is led by head coach Shannon Lewis, and assistant coach David
Jenkins; and
Whereas, The 2016-2017 St. Joseph?s Irish
girls? basketball team will be recognized as one of the best girls? basketball
teams ever assembled in the state of West Virginia; and
Whereas, St. Joseph?s Irish girls?
basketball team is a shining example to all West Virginians of what can be
accomplished with dedication, commitment and teamwork; therefore, be it
Resolved
by the
That the Senate hereby congratulates the St.
Joseph?s Central High School Irish girls? basketball team for winning the 2017
Class A state basketball
championship; and, be it
Further
Resolved, That the Clerk is
hereby directed to forward a copy of this resolution to St. Joseph?s Central
High School.
At the request of Senator
Thereafter, at the request of Senator
At the request of Senator
On motion of Senator Ferns, the Senate
recessed for one minute.
Upon expiration of the recess, the Senate
reconvened and resumed business under the sixth order.
Senate
Resolution 72?
Whereas, The 2016-2017 Huntington
Highlanders girls? basketball team has demonstrated athletic excellence on the
court with a season record of 25-3 and by winning the state basketball
championship; and
Whereas, The Huntington Highlanders girls?
basketball team roster consists of players: Kearsta Turner, Alezha Turner, Tia Wooding, Mariah Harmon,
Erin Crawford, Makenzie Grier, Alexia
Sheffield, Shaunte Viars, Alyssa
Mize, Haley Early, Madison Slash, Jordyn Dawson (Player of the Year), Jaylese Sims, Alayah Johnson, Kira Hayes and Alexyia Cooper; and
Whereas, The Huntington Highlander girls?
team is led by head coach Lonnie Lucas, and assistant coaches Shawn Persinger
and Olivia Chapman; and
Whereas, The Huntington Highlanders girls?
basketball team maintained the state?s number one ranking in The Associated Press poll from the start of
January to the end of the season and lived up to its billing by beating the
number two seed Buckhannon-Upsher 72-54 in the Class AAA state championship game; and
Whereas, The 2016-2017 Huntington
Highlanders girls? basketball team will be recognized as one of the best girls?
basketball teams ever assembled in the State of West Virginia; and
Whereas, The Huntington Highlanders girls?
basketball team is a shining example to all West Virginians of what can be
accomplished with dedication, commitment and teamwork; therefore, be it
Resolved
by the
That the Senate hereby congratulates the
Huntington High School Highlanders girls? basketball team for winning the 2017
Class AAA state basketball
championship; and, be it
Further
Resolved, That the Clerk is
hereby directed to forward a copy of this resolution to Huntington High School.
At the request of Senator
Thereafter, at the request of Senator
At the request of Senator
On motion of Senator Ferns, the Senate
recessed for one minute.
Upon expiration of the recess, the Senate
reconvened and resumed business under the sixth order.
Senators Woelfel, Plymale, Stollings, Unger
and Beach offered the following resolution:
Senate
Resolution 73?
Whereas, The 2016-2017 Huntington High
School Highlanders boys? basketball team had an excellent year on the court,
culminating in it winning a hard-earned Class AAA state championship; and
Whereas, The Huntington Highlanders boys?
basketball team roster consists of players: Jadon Hayes, Jevon Powell, Tajhan
Blackwell, Braxton Hardy, Andrew
Shull, Grant Subik, Mason Moore, Mikal Dawson (Tri-state Player of the Year), Clinton Stevens, John Dawson, Dewey
Brown and Darnelle Wright; and
Whereas, The Huntington Highlander boys?
basketball team is led by head coach Ronald Hess (Co-coach of the Year), and assistant coaches Steven Freeman, Dustin
Walls, Anthony Shackelford and
Ty Holmes; and
Whereas, The Huntington Highlanders boys?
basketball team is to be commended for its spirit and banding together as a
team to achieve greatness in its sport upon winning the Class AAA state championship; and
Whereas, The 2016-2017 Huntington
Highlanders boys? basketball team will be recognized as one of the best
basketball teams ever assembled in the State of West Virginia; and
Whereas, The Huntington Highlanders boys?
basketball team is a shining example to all West Virginians of what can be
accomplished with dedication, commitment and teamwork; therefore, be it
Resolved
by the
That the Senate hereby congratulates the
Huntington High School Highlanders boys? basketball team for winning the 2017
Class AAA state basketball
championship; and, be it
Further
Resolved, That the Clerk is
hereby directed to forward a copy of this resolution to Huntington High School.
At the request of Senator
Thereafter, at the request of Senator
At the request of Senator
On motion of Senator Ferns, the Senate
recessed for one minute.
Upon expiration of the recess, the Senate
reconvened and resumed business under the sixth order, which agenda includes
the making of main motions.
At the request of Senator Ferns, unanimous
consent being granted, the Senate returned to the consideration of
Eng.
Com. Sub. for House Bill 2711, Abolishing regional educational service agencies and providing for the
transfer of property and records.
Having been reported from the Committee on
Education, read a first time, ordered to second reading and, under the original
double committee reference, referred to the Committee on
At the request of Senator
The Senate proceeded to the
Senate Concurrent Resolution
61, Requesting study of
economic, health and tourism impacts of biking, hiking and other forms of
activity.
On unfinished business, coming up in regular order, was reported by the
Clerk and referred to the Committee on
House Concurrent Resolution
15, Requesting Congress to
fully support the National Park Service?s recommendations to extend the Lewis
and Clark National Historic Trail to include additional sites along the
Expedition?s Eastern Legacy.
On unfinished business, coming up in regular order, was reported by the
Clerk.
The question being on the adoption of the resolution, the same was put
and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill
76, Expiring funds from
Revenue Shortfall Reserve Fund to General Revenue.
On
At the request of Senator
Eng. Com. Sub. for House Bill
2129, Relating to the
powers and authority of state and local law enforcement to enforce underage
drinking laws at private clubs.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld and Carmichael (Mr. President)?32.
The nays were: None.
Absent: Plymale and Woelfel?2.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
The following amendment to the title of the bill, from the Committee on
the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill.
2129?A Bill to amend and reenact ?60-7-13 of the
Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner
of the Alcohol Beverage Control
Administration to revoke,
suspend or otherwise sanction a private club licensed to sell alcohol for
failing to alert emergency medical services and law enforcement of a
life-threatening medical emergency occurring on the licensee?s premises;
requiring private clubs licensed to sell alcohol to notify the Alcohol Beverage Control Administration of any life-threatening
medical emergencies occurring on the licensee?s premises within a week of the
emergency?s occurrence; and authorizing the Commissioner of the Alcohol Beverage Control Administration to revoke, suspend or
otherwise sanction a licensee for failing to notify the Alcohol Beverage Control Administration of a life-threatening medical
emergency that has taken place on the licensee?s premises.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2195, Relating to requiring
comprehensive drug awareness and prevention program in all public schools.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld and Carmichael (Mr. President)?32.
The nays were: None.
Absent: Plymale and Woelfel?2.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. House Bill 2348, Eliminating any requirement that class
hours of students be consecutive.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld and Carmichael (Mr. President)?32.
The nays were: None.
Absent: Plymale and Woelfel?2.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill
2402, Relating to abandoned
antique vehicles.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld and Carmichael (Mr. President)?32.
The nays were: None.
Absent: Plymale and Woelfel?2.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2494, Providing that
statewide school report cards are only to be made available to custodial parents
and guardians of students upon request.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 2494)
passed.
The following amendment to the title of the bill, from the Committee on
Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2494?A Bill to amend and reenact ?18-2E-4 of the
Code of West Virginia, 1931, as amended, relating school, school district and
statewide school report cards; modifying state board duties pertaining to the
report cards; modifying information to be included in the school and school
district report cards; removing requirement for school report cards to mailed
directly to the parents; and requiring school and school district report cards
be made easily accessible on, or through a report card icon or link on, the county
board website and provided in paper form upon request of the parent, guardian
or custodian.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2503, Relating to the
rulemaking authority for Board of Osteopathic Medicine.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill
2555, Relating to tax
credits for apprenticeship training in construction trades.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 2555)
passed.
At the request of Senator
On motion of Senator Jeffries, the following amendment to the title of
the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2555?A Bill to amend and reenact ?11-13W-1 of the
Code of West Virginia, 1931, as amended, relating to tax credits for
apprenticeship training in construction trades; removing requirement that
eligibility is limited to programs jointly administered by labor and management
trustees; providing that the apprentice must be paid at least two dollars above
the applicable minimum wage in order for a participating taxpayer to claim the
credit; conforming provisions to current law; and requiring that taxpayers
seeking to take advantage of the apprenticeship tax credit must perform an
employment eligibility check through the E-verify system.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2579, Increasing the
penalties for transporting controlled substances.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
The following amendment to the title of the bill, from the Committee on
Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2579?A
Bill to amend and reenact ?60A-4-409 of the Code of West Virginia,
1931, as amended, relating to the offense of transporting illegal substances
into the state generally; increasing penalties for illegal transportation of
controlled substances into the state; clarifying that causing illegal
transportation of controlled substances into the state is prohibited; treating
marihuana as a Schedule IV controlled substance for penalty purposes; and
creating enhanced criminal penalties for transporting certain controlled
substances into the state based on quantity.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2585, Creating felony crime
of conducting financial transactions involving proceeds of criminal activity.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
The following amendment to the title of the bill, from the Committee on
the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2585?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated ?61-15-1,
?61-15-2, ?61-15-3 and ?61-15-4, all relating to laundering of proceeds from
specified criminal activities generally; defining terms; creating misdemeanor
and felony offenses of conducting financial transactions involving proceeds of
criminal activity; distinguishing between offenses based on monetary value of
transaction; providing for penalties; providing for seizure and forfeiture of
property or monetary instruments; establishing the burden of proof in a
forfeiture proceeding; authorizing sentencing court to order disgorgement at
disposition; and clarifying conduct that constitutes separate offenses.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2589, Permitting students
who are homeschooled or attend private schools to enroll and take classes at
the county?s vocational school.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
The following amendment to the title of the bill, from the Committee on
Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2589?A Bill to amend and Code of West Virginia,
1931, as amended, by adding thereto a new section, designated ?18-5-15g; and to
amend said Code by adding thereto a new article, designated ?18-21A-1, ?18-21A-2, ?18-21A-3, ?18-21A-4, ?18-21A-5, ?18-21A-6; and
?18-21A-7, all relating to
vocational education; requiring county boards to permit students who are
homeschooled or attend private schools to enroll and take classes at the
county?s vocational schools; creating the Middle School Technical Education
Program Act; setting forth
findings and purpose; requiring participating middle schools to use existing
resources to implement the pilot program; providing for instructor
qualifications; allowing principals or vice-principals, on a voluntary basis,
to participate as a guest instructor or speaker; requiring pilot program to be
a one semester elective course except middle schools with alternative
scheduling systems can adapt the program to meeting scheduling needs; requiring
certain entities within fifty miles that receive state funding to provide
speakers upon request; requiring guest speakers to be scheduled weekly to
introduce students to a particular career and to prepare students to pursue the
featured career by providing information on certain specified topics; allowing
organization of field trips to introduce students to potential career paths;
requiring course to include instruction on certain minimum skill sets required
to discover and take advantage of employment opportunities; requiring course to
include instruction on certain minimum skill sets required to discover and take
advantage of educational opportunities; requiring as condition of successful
course completion, students to outline his or her plan to become employable
following high school or post-secondary school; requiring State Board of
Education to establish guidelines for middle schools to submit a request for
the schools admission; allowing state board to admit middle schools into the
program; requiring admission on first come, first serve basis; declaring goal
that a minimum of ten middle schools participate each year; allowing state
board to solicit additional middle schools to participate under certain
condition; prohibiting the state board from requiring participation; requiring
students to receive a West Virginia STEP Certificate upon successful
completion; and requiring annual report to the legislative oversight commission
on education accountability.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2603, Relating to municipal
policemen?s or firemen?s pension and relief funds that are funded at one
hundred and twenty-five percent or more.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. House Bill 2628, Relating generally to the powers and duties
of the Board of Medicine and the Board of Osteopathic Medicine.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. H. B. 2628) passed.
The following amendment to the title of the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
Eng. House Bill 2628?A Bill to amend and reenact ?30-3-12 and ?30-3-14 of the Code of West
Virginia, 1931, as amended; and to amend and reenact ?30-14-11 and ?30-14-12a
of said code, all relating generally to the regulation and licensing of medical
professionals; modifying powers and duties of the Board of Medicine and the
Board of Osteopathic Medicine with regard to evidence of serious misconduct of
individuals subject to the boards? jurisdictions; authorizing the Board of
Medicine to deny or refuse to reissue a license to any person convicted of a
felony; authorizing the Board of Medicine to take disciplinary action against a
licensee or applicant for licensure who knowingly fails to report any act of
gross misconduct committed by another licensee; authorizing the Board of
Medicine to revoke a license or other authorization to practice or prescribe or
dispense controlled substances for any period of time, including for the life
of the licensee; authorizing the Board of Osteopathic Medicine to refuse to
issue a license, suspend or revoke a license, fine a licensee, or order
restitution or rehabilitative action by a licensee for certain causes;
requiring the Board of Osteopathic Medicine to revoke or refuse to reissue the
license of a physician or physician?s assistant convicted of a felony involving
prescription drugs; authorizing the Board of Osteopathic Medicine to take
disciplinary action against a licensee or applicant for licensure who knowingly
fails to report any act of gross misconduct committed by another licensee; and
requiring the Board of Medicine and the Board of Osteopathic Medicine to report
certain credible information received to appropriate authorities.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2631, Relating to time
standards for disposition of complaint proceedings.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
On motion of Senator Takubo, the following amendment to the title of the
bill was reported by the Clerk and adopted:
Eng. House Bill 2631?A Bill to amend and reenact ?30-1-5 of the Code of West Virginia, 1931, as amended, relating to time standards for disposition of complaint proceedings and tolling the time periods for delays attributable to the accused.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2646, Terminating the Women?s
Commission and discontinue its functions.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline,
Facemire, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda,
Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld and Carmichael (Mr.
President)?24.
The nays were: Beach, Jeffries, Miller, Palumbo, Plymale, Prezioso,
Romano, Stollings, Unger and Woelfel?10.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
The following amendment to the title of the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2646?A Bill to repeal ?29-20-2, ?29-20-3,
?29-20-4, ?29-20-5 and ?29-20-6 of the Code of West Virginia, 1931, as amended;
and to amend and reenact ?29-20-1 of said code, relating to termination of the
Women?s Commission; declaring Women?s Commission terminated and not in
existence after June 30, 2018; directing commission to wind up affairs, arrange
for disposition of funds, assets, equipment and records, and cease all
activities before July 1, 2018; and repealing provisions of code related to
Women?s Commission.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Thereafter, at the request of Senator
Eng. House Bill 2691, Allowing a person who is qualified by training to be a barber and a
cosmetologist to elect to practice solely as a barber.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?33.
The nays were: Romano?1.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill 2702, Relating to excused absences for personal
illness from school.
On third reading, coming up in regular order, was read a third time.
Pending discussion,
At the request of Senator Ferns, unanimous consent being granted, further
consideration of the bill was deferred until the conclusion of bills on today?s
third reading calendar.
Eng. Com. Sub. for House Bill 2709, Authorizing the City of South Charleston to levy a special district
excise tax.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?31.
The nays were: Cline, Karnes and Maynard?3.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill
2771, Relating to temporary
teaching certificates for Armed
Forces spouses.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2792, Requiring the Library
Commission to survey the libraries of the state.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline,
Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?33.
The nays were: None.
Absent: Beach?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill
2797, Codifying statutory
immunity for government agencies and officials from actions of third-parties
using documents or records.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline,
Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?33.
The nays were: None.
Absent: Beach?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill
2805, Finding and declaring
certain claims against the state and its agencies to be moral obligations of
the state.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
Senator
The Chair replied that any impact on Senator
On the passage of the bill, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline,
Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?33.
The nays were: None.
Absent: Beach?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Beach?1.
So, two thirds of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2815, Relating to higher
education governance.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Miller, Mullins,
Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?30.
The nays were: Facemire, Jeffries, Ojeda and Romano?4.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
At the request of Senator
On motion of Senator Mann, the following amendment to the title of the
bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2815?A Bill to repeal ?18B-1-5a and
18B-1-10 of the Code of West Virginia, 1931, as amended; to repeal ?18B-1A-3 of said code; to repeal
?18B-1B-10 and ?18B-1B-13 of said code; to repeal ?18B-2-5 and ?18B-2-7 of said
code; to repeal ?18B-5-2a of said code; to amend and reenact ?18B-1-2 and
?18B-1-6 of said code; to amend and reenact ?18B-1B-1, ?18B-1B-2, ?18B-1B-4,
and ?18B-1B-6 of said code; to amend and reenact ?18B-1D-2, ?18B-1D-4, and
?18B-1D-7 of said code; to amend said code by adding thereto a new section,
designated ?18B-1F-10; to amend and reenact ?18B-2A-3 and ?18B-2A-4 of said code; to amend and
reenact ?18B-3-1 of said code; to amend and reenact ?18B-4-7 of said code; to
amend and reenact ?18B-5-4, ?18B-5-6, ?18B-5-7, and ?18B-5-9 of said code; to
amend and reenact ?18B-10-1, ?18B-10-1c, ?18B-10-8, and ?18B-10-16 of said
code; to amend and reenact ?18B-19-1, ?18B-19-3, ?18B-19-4, ?18B-19-5,
?18B-19-6, ?18B-19-7, ?18B-19-9, ?18B-19-10, ?18B-19-11, ?18B-19-13, and
?18B-19-14 of said code; and to amend said code by adding thereto a new
section, designated ?18B-19-19, all relating to public education higher education
governance generally; defining terms; repealing obsolete provisions of code;
clarifying scope of rule-making authority of higher education policy commission
and certain institutions of higher education; eliminating outdated language;
providing for rule-making procedures; requiring promulgation of rules by
commission, council and certain institutions of higher education; providing for
shorter time period for commission and council to review and comment on rules
proposed by governing boards of institutions of higher education; providing
legislative intent; providing for composition of commission; providing for
primary responsibility of commission; updating and clarifying powers of
commission; limiting authority of commission over certain institutions of
higher education; eliminating authority of commission to assess institutions
for payment of expenses of commission and for funding of statewide higher
education services, obligations, or initiatives; clarifying authority of
commission over review and approval of academic programs; repealing and
eliminating outdated language; eliminating authority of commission with respect
to certain financial and budget reviews and approvals; directing the commission
to examine general revenue appropriations of higher education institutions and
to report findings to the Joint Committee on Government and Finance and the
Legislative Oversight Commission on Education Accountability with a recommendation to the Legislature on
a formula for allocation of general revenue to be appropriated to the
institutions; expanding authority of certain governing boards over appointment
of president of certain higher education institutions; eliminating requirement
for approval by commission of appointment of president for certain institutions
of higher education; eliminating jurisdiction of commission relative to the
accountability system over certain institutions of higher education; providing
for updated responsibility of commission in development and advancement of
public policy agenda and collection of data for certain institutions of higher
education; eliminating certain reporting responsibilities for certain
institutions of higher education; altering authority of commission over
institutional compacts of certain institutions of higher education; eliminating
requirement for certain institutions of higher education to prepare an
institutional compact for submission to the commission; eliminating application
of certain data-based measures on certain institutions of higher education;
altering timeframe for updates to institutional compacts; eliminating
commission approval of institutional compacts of certain institutions of higher
education; providing for a study by the West Virginia Development Office
relating to foundations and private entities who focus on research and job
development and that receive or have received since July 1, 2012, appropriation
support from the State of West Virginia; eliminating authority of chancellor
over coordination of policies, purposes and rules of governing boards of
certain institutions of higher education; updating powers of governing boards;
eliminating requirement of commission approval of master plans for certain
institutions of higher education; requiring certain institutions to provide
copies of master plan to Legislative Oversight Commission on Educational Accountability; providing that
rules of commission and council related to administering a system for the
management of personnel matters do not apply to certain institutions of higher
education; authorizing governing boards to contract and pay for any
supplemental employee benefit; providing for legislative findings and purposes;
clarifying authority of certain governing boards to delegate authority to its
president; clarifying authority of commission and governing boards of certain
institutions of higher education with respect to development of rules for
accreditation and determination of minimum standards for conferring
degrees; eliminating authority of commission to revoke an institution?s
authority to confer degrees when governing board or chief executive officer do
not provide certain information to commission; eliminating applicability of
certain commission and council rules on certain institutions of higher
education; requiring certain governing boards to promulgate and adopt rules
related to acquisitions and purchases; clarifying authority of certain
governing boards over certain purchasing activities; authorizing prepayment by
commission, council or governing boards in certain instance; expanding scope of
authorized purchasers on certain purchase contracts; updating power of Joint
Committee over performance audits of purchasing; updating authority of
commission, council and governing boards over purchase card procedures;
requiring certain governing boards to establish purchasing card procedures;
clarifying authority for state institutions to enter into design-build
contracts and other commonly accepted methods of procurement and financing for
construction projects; providing that Design-Build Procurement Act does not apply to state
institutions of higher education; providing authority to donate equipment,
supplies and materials to not for profit entity to promote public welfare;
updating certain best practices applicable to ensuring fiscal integrity of
institutions of higher education; authorizing additional situation where
emergency purchase card use is permitted; authorizing different tuition and
fees for online courses; updating time frame for payment of fees by students;
authorizing deposit of certain fees into single special revenue account by
certain institutions; updating applicability of rule by commission and council
for tuition and deferred payment plans; authorizing certain governing board to
proposed a rule related to tuition and fee deferred payment plans; authorizing
certain governing boards to authorize a mandatory auxiliary fee without
commission approval; updating tuition and fee increase percentage that requires
commission or council approval; updating conditions commission or council are
required to consider in determining whether to approve a tuition or fee
increase; revising requirements and parameters for certain revenue bonds issued
by certain governing boards; updating approvals required for issuance of
certain revenue bonds by state institutions of higher education; providing for
transfer and deposit of certain fees by certain governing boards into single
special revenue account; requiring commission and council to develop system
capital development oversight policy and providing content for such policy;
requiring each governing board to adopt a campus development plan; updating
time frame for reporting to commission and council on campus development plans;
eliminating requirement for commission approval of campus development plans of
certain governing boards; providing for content of campus development plans;
eliminating commission approval over certain capital and maintenance project
lists; authorizing certain governing boards to undertake projects not contained
in campus development plan; eliminating certain commission approvals related to
capital improvements for certain institutions; authorizing capital improvements
to be funded through notes; updating conditions to be met for certain
institutions to be responsible for capital project management; updating
requirements for capital project management rule to be promulgated and adopted
by certain governing boards; providing updated applicability and functions of
higher education facilities information system; eliminating certain requirements
related to leasing of real property by commission, council, and governing
boards; requiring notice to certain local governmental entities and legislators
for certain sales and leases of land; updating permitted uses of proceeds from
sale, conveyance or other disposal of real property received by commission,
council or a governing board; authorizing certain governing boards to enter
into lease-purchase agreements in certain instances without commission
approval; eliminating requirement of commission approval for certain real
estate and construction transactions; providing for the approval by the Council
for Community and Technical College Education of acquisitions, bequests,
donations, construction of new buildings, repairs, renovations or lease payments
over the lifetime of the lease which exceed $1 million, if made or accepted by
the institution?s research corporation or an affiliated foundation; providing
additional requirements for governing boards to enter into sale lease-back
transactions; and requiring certain governing boards to provide certain
information to commission.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. House Bill 2833, Specifying the contents and categories of
information for inclusion in annual reports.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins,
Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?32.
The nays were: Facemire and Miller?2.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill
2839, Updating the
procedures for legislative review of departments and licensing boards.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 2839)
passed.
On motion of Senator Blair, the following amendment to the title of the
bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2839?A Bill to amend and reenact ?4-10-3, ?4-10-6,
?4-10-7, ?4-10-8, ?4-10-10 and ?4-10-14 of the Code of West Virginia, 1931, as
amended, all relating to generally the West Virginia Performance Review Act; modifying the definition of the term
?division?; modifying the timing and scope of department presentations;
updating the schedules of department presentations, agency reviews and
regulatory board reviews; eliminating the requirement that an agency review
include an analysis of agency websites; and authorizing the Joint Standing
Committee on Government Organization to request a review of any agency or
program and to recommend or propose the consolidation, termination or
reassignment of the agencies or programs reviewed.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. House Bill 2869, Providing for paid leave for certain state
officers and employees during a declared state of emergency.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. H. B. 2869) passed.
The following amendment to the title of the bill, from the Committee on Government
Organization, was reported by the Clerk and adopted:
Eng. House Bill 2869?A Bill to repeal ?15-5-15a of the Code of West Virginia, 1931, as
amended, and to amend said code by adding thereto a new section, designated
?15-5-15b, relating to certain state employees may be granted a leave of
absence with pay while providing assistance as an essential member of an
emergency aid provider during a declared state of emergency.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2897, Raising the amount
required for competitive bidding of construction contracts by the state and its
subdivisions.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
On motion of Senator Blair, the following amendment to the title of the
bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2897?A Bill to amend and reenact ?5-22-1 of the
Code of West Virginia, 1931, as amended, to amend and reenact ?8-16-5 of said
code; to amend and reenact ?16-12-11 of said code; to amend and reenact
?16-13-3 of said code; to amend and reenact ?16-13A-7 of said code; to amend and reenact
?21-1D-5; and to amend and reenact ?21-11-11 of said code, all relating generally
to competitive bidding for public construction contracts; defining the term ?alternates?;
limiting the number of alternates that may be included on any solicitation of
bids for government construction contracts; establishing procedures for
acceptance of alternate bids and determination of the lowest qualified
responsible bidder; providing procedures for the required submission of a list
of subcontractors who will perform more than $25,000 of work on certain
projects; providing procedures for the required submission of a drug-free
workplace affidavit for any solicitation for a public improvement contract; and
providing procedures for the required submission of a contractor?s license
number with certain bid documents; prohibiting public construction contracts
from being awarded to bidders that are in default on monetary obligations owed
to the state or a political subdivision; and exempting competitive bidding
requirements on certain contracts for emergency repairs.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2941, Requiring the
Commissioner of the Division of Highways to utilize the Attorney General for all legal assistance and
services.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline,
Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?30.
The nays were: Beach, Facemire, Miller and Romano?4.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill
2961, Relating generally to
charitable bingo games and charitable raffles.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 2961)
passed.
The following amendment to the title of the bill, from the Committee on Finance,
was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2961?A Bill to amend and reenact ?47‑20‑23
and ?47‑20‑31 of the Code of West Virginia, 1931, as amended; and
to amend and reenact ?47‑21‑21 and ?47‑21‑30 of said
code, all relating to creating a process by which parties may appeal certain
administrative actions taken by the Tax Commissioner, affecting certain
charitable bingo or charitable raffle licensees, to the Office of Tax Appeals.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. House Bill 2962, Enlarging the authority of the Tax
Commissioner to perform background investigations of employees and contractors.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. House Bill 2967, Relating generally to administration of
estates and trusts.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
On motion of Senator Trump, the following amendment to the title of the
bill was reported by the Clerk and adopted:
Eng. House Bill 2967?A Bill to amend and reenact ?44-1-1, ?44-1-6, ?44-1-7, ?44-1-8, ?44-1-14a
and ?44-1-26 of the Code of West Virginia, 1931, as amended; to amend and
reenact ?44-3A-3 of said code;
and to amend and reenact ?44-5-3 of said code, all relating generally to administration
of estates and trusts; waiving surety requirements for administrators of
estates where grantee is sole beneficiary or sole distributee of the decedent;
requiring county commission to hold hearing if application filed by interested
party to compel nonresident executor otherwise exempt from bond requirements to
post bond; requiring county commission to hold hearing if application filed by
interested party to compel sole beneficiary to post surety; removing authority
of clerk of county commission to require bond or surety from certain executors
and administrators upon knowledge; making executor or administrator not
required to post surety liable upon his or her own personal recognizance in the
event of default, failure or misadministration; requiring interested parties
objecting to the qualifications of a personal representative or venue to file
notice with the county commission sixty days after the date of first
publication; transferring to state Auditor duty to administer fiduciary supervisor qualifying test;
requiring state Auditor provide
annual training for fiduciary supervisors not licensed to practice law in this
state; authorizing action against bond surety when execution on judgment or
decree against personal representative is returned without being satisfied; and
making technical corrections.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
2980 Relating to civil
lawsuit filing fees for multiple defendant civil action.
On third reading, coming up in regular order, was read a third time.
Pending discussion,
At the request of Senator
Eng. House Bill 3022, Relating to the reporting of fraud,
misappropriation of moneys, and other violations of law to the commission on
special investigations.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?33.
The nays were: None.
Absent: Maroney?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
On motion of Senator Romano, the following amendment to the title of the
bill was reported by the Clerk and adopted:
Eng. House Bill 3022?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?7-12-15a; to amend said code by adding
thereto a new section, designated ?8-9-4; and to amend said code by adding
thereto a new section, designated ?30-1-5a, all relating to the reporting of
fraud, misappropriation of moneys, and other violations of law to the
commission on special investigations; requiring reporting when a county
commission, or any of a county?s boards, committees, or certain other county
entities obtain certain information regarding misappropriation, fraud or
violations of law; requiring reporting when a municipality, or any of a
municipality?s boards, committees, or certain other municipal entities obtain
certain information regarding misappropriation, fraud or violations of law;
requiring reporting when certain professional and occupational boards of the
state obtain certain information regarding misappropriation, fraud or
violations of law; and clarifying that the reporting requirements do not
prevent, relieve or replace a report to law-enforcement where appropriate or
warranted.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. House Bill 3037, Removing the Division of Energy as an
independent agency.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?33.
The nays were: None.
Absent: Maroney?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
The following amendment to the title of the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
Eng. House Bill 3037?A Bill to amend and reenact ?5B-2F-2 of the Code of West Virginia, 1931,
as amended; and to amend and reenact ?5D-1-4 of said code, all relating to the
Division of Energy generally; providing that the division be continued, but
shall be designated and known as the Office of Energy, and shall be organized
within the Development Office of the Department of Commerce; modifying
requirements and duties; modifying composition of the West Virginia Public
Energy Authority Board; and
designating the Secretary of Commerce or his or her designee as the chair of
the West Virginia Public Energy Authority
Board.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. Com. Sub. for House Bill
3048, Relating to
collection of Tier II fees for chemical inventories.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?33.
The nays were: None.
Absent: Maroney?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
The following amendment to the title of the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
3048?A Bill to amend and reenact ?15-5A-5 of the Code of West Virginia, 1931, as
amended, relating to increasing the cap for Tier II fees for chemical
inventories from a maximum of $100 annually to $2,500 annually.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Eng. House Bill 3053, Relating to motor vehicle lighting.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?33.
The nays were: None.
Absent: Maroney?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
Eng. Com. Sub. for House Bill
3080, Requiring instruction
in the Declaration of Independence and the United States Constitution.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?33.
The nays were: None.
Absent: Maroney?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
The end of today?s third reading calendar having been reached, the
Senate returned to the consideration of
Eng. Com. Sub. for House Bill
2702, Relating to excused
absences for personal illness from school.
Having been read a third time in earlier proceedings today, and now
coming up in deferred order, was reported by the Clerk.
At the request of Senator
At the request of Senator Plymale, and by unanimous consent, the Senate
returned to the consideration of
Eng. Com. Sub. for House Bill
2980 Relating to civil
lawsuit filing fees for multiple defendant civil action.
Having been read a third time and laid over one day, retaining its place
on the calendar, in earlier proceedings today.
At the request of Senator Plymale, and by unanimous consent, his request
that the bill lie over one day, retaining its place on the calendar, was
withdrawn.
The question now being on the passage of the bill.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?33.
The nays were: None.
Absent: Maroney?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
The following amendment to the title of the bill, from the Committee on
the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2980?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated ?15-2-24d; and to
amend and reenact ?59-1-11 of said code, all relating to creating a special
revenue account designated the State Police Forensic Laboratory Fund; providing
for funding mechanisms; clarifying funding sources; establishing parameters for
expenditures from the fund; vesting administration responsibility for the fund
to the superintendent; relating to fees for services rendered by circuit clerks
in certain civil actions; imposing additional fees in certain civil actions
that include two or more named defendants, respondents or third-party
defendants; setting that fee at $15 per defendant; providing for distribution
of the additional fees between the general fund of the county in which the
office of the circuit clerk is located and the State Police Forensic Laboratory
Fund; and excluding John or Jane Doe defendants from the per-defendant fee.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Without objection, the Senate returned to the third order of business.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended with its House of Delegates amended title, and requested the
concurrence of the Senate in the House of Delegates
Eng. Senate Bill 493, Providing
increase in compensation for conservation officers.
On motion of
Senator
The
following House of Delegates
On page one, by striking out all of section
one-a;
On page four, section one-c, line
fifty-three, after the word ?Colonel? by inserting ?$66,000?;
On page
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.;
By striking out the enacting clause 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,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng.
Senate Bill 493?A Bill to amend and reenact ?20-7-1c of the Code of
West Virginia, 1931, as amended, relating to compensation for Natural Resources
Police Officers.
On motion of Senator
Engrossed
On the passage of the bill, the yeas were: Azinger,
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Maroney?1.
So, a majority of all the members elected
to the Senate having voted in the affirmative, the President declared the bill
(Eng.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator
Upon expiration of the recess, the Senate reconvened.
Following a point of inquiry to the President, with resultant response
thereto,
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill
2366, Relating to selling
Jackie Withrow Hospital.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out everything after the enacting section and inserting in
lieu thereof the following:
ARTICLE 5.
MISCELLANEOUS
PROVISIONS.
?9-5-25. Selling of state owned health
care facilities.
(a) The Secretary of the Department of
Health and Human Resources shall divest of the facilities; land; buildings and
improvements; contents; employment, patient and contractual interests; licenses
for staffed beds; and all other assets utilized in the current operation of the
facility but excluding any cash, cash equivalents and marketable securities of
the long-term care facility known as the Jackie Withrow Hospital.
(b) The secretary shall ensure that the patients are
transferred to an area facility and shall minimize effects on long-term care
facility residents, including any potential risk that could arise from
relocating current residents and shall
provide updates to the Joint Committee on Government and Finance and Legislative
Oversight Commission on Health and Human Resources Accountability, pursuant to state law.
(c) The secretary shall ensure that a
replacement facility of 90 beds be constructed to accommodate the needs of the
patient population at Jackie Withrow to be operated as a geriatric psychiatric
nursing home accepting, regardless of age, only individuals with high acuity
needs to the residents of Jackie Withrow Hospital such as geri-psych,
behavioral symptoms, Alzheimer?s
Disease, intellectual and developmental disabilities and patients with a
criminal history that do not present a danger to the replacement facility?s
staff or other residents.
(d) The one hundred ten licensed beds
of Jackie Withrow Hospital that are not staffed as the effective date of this
section are deemed to be decertified and delicensed and may not be transferred
or otherwise added to the licensed bed compliment of any health care facility.
(e) This section is not subject to the
purchasing requirements of article three, chapter five-a of this code.
(f) Sales and transfers pursuant to this
section are exempt from certificate of need requirements provided in article
two-d, chapter sixteen of this code.
(g) Sales and transfers under this
section are exempt from Medicaid rules and policies.
(h) The secretary, in consultation with
the Director of the Division of Personnel, shall create a plan and coordinate with
the secretary to create a strategy to minimize the effects on employees.
(i) The Department of Health and Human
Resources, in consultation with the Division of Personnel, the Consolidated
Public Retirement Board, and any other state agency as applicable, shall
prepare a benefit package for employees of Jackie Withrow Hospital who are laid
off, employed by a successor company or retire as a result of the divestment. Such
benefits may include, but are not limited to, investment in retraining,
placement on the Division of Personnel?s reemployment list with preference, the
purchase of actuarially sound years of service based on prior years of service
with Jackie Withrow Hospital or its predecessors or any other benefits
otherwise permitted under state law. The Division of Personnel, the Consolidated
Public Retirement Board and any other necessary state agency shall cooperate
and take any such action as necessary to implement such benefit package. Benefits
packages as described in this subsection may be funded by the Jackie Withrow
Long Term Care Facility Development Fund. As used in
this subsection ?successor company? means any company who purchases any of the
assets as described in subsection (a) of this section: Provided, That no provision of this subsection may be construed to
require any further appropriation by the Legislature: Provided, however, That the Department of Health and Human
Resources shall enter into a memoranda of understanding with the Division of
Personnel, the Consolidated Public Retirement Board, and the Public Employees
Insurance Agency prior to implementation of any benefit package with
any employee which must state any cost to any affected retirement system and
that this cost is to be paid by the Department of Health and Human Resources.
No benefit package may be granted unless memoranda of understanding are filed
with the Division of Personnel, the Consolidated Public Retirement Board, and
the Public Employees Insurance Agency and the agreement of the
Department of Health and Human Resources to pay the same by a date certain, or
if there is no cost, the agreement of the parties to the same. Any benefit
package granted without such memoranda of understanding is unlawful.
(j) The secretary shall prepare a
complete accounting of all assets to the Joint Committee on Government and
Finance.
(k) There is created in the state treasury
a special revenue account to be known as the ?Jackie
Withrow Long Term Care Facility Development Fund?. The fund shall consist of
appropriations to effectuate the purposes of this section and any revenue or
sales proceeds derived from activities provided for in accordance with this
section. Expenditures from the fund are for the purposes set forth in this section
and are not authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the provisions of
article three, chapter twelve of this code.
(l) This section shall be construed
broadly as to provide the secretary with the latitude to accomplish the goals
of this section.
The bill
Eng. Com. Sub. for House Bill
2428, Establishing
additional substance abuse treatment facilities.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out everything after the enacting clause and inserting in
lieu thereof the following:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new article,
designated ?16-53-1, ?16-53-2 and ?16-53-3, all to read as follows:
ARTICLE
53. Establishing Additional Substance AbUse
TREATMENT Facilities.
?16-53-1. Establishment of substance abuse
treatment facilities.
(a) The Secretary of the Department of Health
and Human Resources shall ensure that beds for purposes of providing substance
abuse treatment services in existing or newly constructed facilities are made
available in locations throughout the state which the Bureau for Behavioral
Health and Health Facilities determines to be the highest priority for serving
the needs of the citizens of the state.
(b) The secretary shall identify and allocate
the beds to privately owned facilities to provide substance abuse treatment
services.
(c) These facilities shall:
(1) Give preference to West Virginia
residents;
(2) Accept
payment from private pay patients, third party payors or patients covered by
Medicaid;
(3) Offer long term treatment, based upon
need, of up to one year; and
(4) Work closely with the Adult Drug Court Program, provided for in article fifteen, chapter sixty-two of
this code.
(d) Any facility subject to the provisions of this article must
be licensed by this state to
provide addiction and substance abuse services.
?16-53-2. Establishing the Ryan Brown Addiction
Prevention and Recovery Fund.
The Ryan Brown Addiction
Prevention and Recovery Fund is hereby created in the state treasury as a
special revenue account. The fund shall be administered by the Secretary of the
Department of Health and Human Resources and shall consist of all moneys made
available for the purposes of this article from any source, including, but not
limited to, all grants, bequests or transfers from any source, any moneys that
may be appropriated and designated for those purposes by the Legislature and
all interest or other return earned from investment of the fund, gifts, and all other sums available for deposit to the
special revenue account from any source, public or private. Expenditures
from the fund shall be for the purposes set forth in this article and are not
authorized from collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the provisions of
article three, chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two, chapter eleven-b of this code. Upon the
effective date of this section, the attorney general and any public official
with custody or control of the proceeds recovered for the state pursuant to
settlement agreement dated January 9, 2017, in that certain civil action then
pending in Boone County, designated Civil Action
No. 12-C-141, shall forthwith transfer, or cause the transfer, of those
proceeds into the Ryan Brown Addiction Prevention and
Recovery Fund in the manner directed by the state treasurer pursuant to
articles one and two, chapter twelve of this code and all other applicable law.
?16-53-3. Rulemaking.
The Secretary of the
West Virginia Department of Health and Human Resources shall promulgate
emergency rules pursuant to the provisions of section fifteen, article three,
chapter twenty-nine-a of this code to effectuate the provisions of this
article.
The bill
Eng. Com. Sub. for House Bill
2546, Allowing replacement
costs of employer provided property to be deducted from an employee?s final
paycheck if the property is not returned.
On second reading, coming up in regular order, was read a second time.
At the request of Senator
Eng. Com. Sub. for House Bill
2552, Increasing the pet
food registration fee and directing that the additional money be deposited into
the West Virginia Spay Neuter Assistance
Fund.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on
On page
And,
On page
The bill
Eng. Com. Sub. for House Bill
2561, Relating to public
school support.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Trump, the following amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting clause and inserting in
lieu thereof the following:
That ?11-6A-5a of
the Code of West Virginia, 1931, as amended, be repealed; that ?11-8-6f and
?11-8-12 of said code be amended and reenacted; that ?18-9A-2, ?18-9A-4, ?18-9A-5, ?18-9A-6a, ?18-9A-7, ?18-9A-9, ?18-9A-10 and ?18-9A-11 of said code be amended and
reenacted; that said code be amended by adding thereto a new section,
designated ?18-9A-25; that
?18-9D-2, ?18-9D-3, ?18-9D-4c and ?18-9D-16 of said code be amended and
reenacted; and that said code be amended by adding thereto two new sections,
designated ?18-9D-4d and ?18-9D-22, all to read as follows:
CHAPTER
11. TAXATION.
ARTICLE
8. LEVIES.
?11-8-6f. Regular school
board levy rate; creation and implementation of Growth County School Facilities
Act; creation of
Growth County School Facilities Act Fund.
(a)
Notwithstanding any other provision of law, where any annual appraisal,
triennial appraisal or general valuation of property would produce a statewide
aggregate assessment that would cause an increase of two percent or more in the
total property tax revenues that would be realized were the then current regular
levy rates of the county boards of education to be imposed, the rate of levy
for county boards of education shall be reduced uniformly statewide and
proportionately for all classes of property for the forthcoming tax year so as
to cause the rate of levy to produce no more than one hundred two percent of
the previous year?s projected statewide aggregate property tax revenues from
extending the county board of education levy rate, unless subsection (b) of
this section is complied with. The reduced rates of levy shall be calculated in
the following manner: (1) The total assessed value of each class of property as
it is defined by section five of this article for the assessment period just
concluded shall be reduced by deducting the total assessed value of newly
created properties not assessed in the previous year?s tax book for each class
of property; (2) the resulting net assessed value of Class I property shall be
multiplied by .01; the value of Class II by .02; and the values of Classes III
and IV, each by .04; (3) total the current year?s property tax revenue
resulting from regular levies for the boards of education throughout this state
and multiply the resulting sum by one hundred two percent: Provided, That the
one hundred two percent figure shall be increased by the amount the boards of
education?s increased levy provided for in subsection (b), section eight,
article one-c of this chapter; (4) divide the total regular levy tax revenues,
thus increased in subdivision (3) of this subsection, by the total weighted net
assessed value as calculated in subdivision (2) of this subsection and multiply
the resulting product by one hundred; the resulting number is the Class I
regular levy rate, stated as cents-per-one hundred dollars of assessed value;
and (5) the Class II rate is two times the Class I rate; Classes III and IV,
four times the Class I rate as calculated in the preceding subdivision.
An
additional appraisal or valuation due to new construction or improvements,
including beginning recovery of natural resources, to existing real property or
newly acquired personal property shall not be an annual appraisal or general
valuation within the meaning of this section, nor shall the assessed value of
the improvements be included in calculating the new tax levy for purposes of
this section. Special levies shall not be included in any calculations under
this section.
(b) After
conducting a public hearing, the Legislature may, by act, increase the rate
above the reduced rate required in subsection (a) of this section if an
increase is determined to be necessary.
(a) Notwithstanding any other provision
of code to the contrary, for the 2018 tax year and thereafter, the regular levy
rates for county boards of education shall be the sum of the levy rates set
forth in subdivisions (1), (2) and (3), section six-c of this article for each
class of property, which are: (1) For Class I property, 22.95 cents per $100;
(2) for Class II property, 45.9 cents per $100; and (3) for Class III and Class
IV property, 91.8 cents per $100: Provided,
That, annually, county boards of education may decrease their regular levy
rates to no lower than the following rates: (1) For Class I property, 19.4
cents per $100; (2) for Class II property, 38.8 cents per $100; and (3) for
Class III and Class IV property, 77.6 cents per $100.
(c) (b) The State Tax Commissioner shall report to the Joint
Committee on Government and Finance and the Legislative Oversight Commission on
Education Accountability by March 1 of each year on the
progress of assessors in each county in assessing properties at the
constitutionally required sixty percent of market value and the effects of
increasing the limit on the increase in total property tax revenues set forth
in this section to two percent.
(d) (c) Growth County School Facilities Act. ? Legislative findings. ?
The Legislature finds and declares that there has been, overall, a
statewide decline in enrollment in the public schools of this state; due to
this decline, most public schools have ample space for students, teachers and
administrators; however, some counties of this state have experienced
significant increases in enrollment due to significant growth in those
counties; that those counties experiencing significant increases do not have
adequate facilities to accommodate students, teachers and administrators.
Therefore, the Legislature finds that county boards of education in those
high-growth counties should have the authority to designate revenues generated
from the application of the regular school board levy due to new construction
or improvements placed in a Growth County School Facilities Act Fund be used for school facilities in those counties to promote
the best interests of this state?s students.
(1) For the purposes of this subsection, ?growth county? means any
county that has experienced an increase in second month net enrollment of fifty
or more during any three of the last five years, as determined by the State
Department of Education.
(2) The provisions of this subsection shall only apply to any growth
county, as defined in subdivision (1) of this subsection, that, by resolution
of its county board of education, chooses to use the provisions of this
subsection.
(3) For any growth county, as defined in subdivision (1) of this
subsection, that adopts a resolution choosing to use the provisions of this
subsection, pursuant to subdivision (2) of this subsection, assessed values
resulting from additional appraisal or valuation due to new construction or
improvements to existing real property shall be designated as new property
values and identified by the county assessor. The statewide regular school board levy rate as established by the
Legislature shall be applied to the assessed value
designated as new property values and the resulting property tax revenues
collected from application of the regular school board levy rate shall be
placed in a separate account designated as the Growth County School Facilities Act Fund. Revenues deposited in the Growth County School Facilities
Act Fund shall be appropriated by the county board of education for
construction, maintenance or repair of school facilities. Revenues in the fund
may be carried over for an indefinite length of time and may be used as
matching funds for the purpose of obtaining funds from the School Building Authority or for the payment of bonded indebtedness incurred for
school facilities. For any growth county choosing to use the provisions of this
subsection, estimated school board revenues generated from application of the
regular school board levy rate to new property values are not to be considered
as local funds for purposes of the computation of local share under the
provisions of section eleven, article nine-a, chapter eighteen of this code.
(e) (d) This section,
as amended during the legislative session in the year 2004, shall be effective
as to any regular levy rate imposed for the county boards of education for
taxes due and payable on or after July 1, 2004. If any provision of this
section is held invalid, the invalidity shall not affect other provisions or
applications of this section which can be given effect without the invalid
provision or its application and to this end the provisions of this section are
declared to be severable.
?11-8-12. Levy estimate by
board of education; certification and publication.
(a) Each board of education
shall, at the session provided for in section nine of this article, if the
laying of a levy has been authorized by the voters of the district under
article nine, chapter eighteen of this code, ascertain the condition of the
fiscal affairs of the district, and make a statement setting forth:
(1) The amount due, and the amount that will become due and
collectible during the current fiscal year except from the levy of taxes to be
made for the year;
(2) The interest, sinking fund and amortization requirements for
the fiscal year of bonded indebtedness legally incurred upon a vote of the
people, as provided by law, by any school district existing prior to May 22,
1933, before the adoption of the Tax Limitation Amendment;
(3) Other contractual indebtedness not bonded, legally incurred by
any such school district existing prior to May 22, 1933, before the adoption of
the Tax Limitation Amendment, owing by such
district;
(4) The amount to be levied for the permanent improvement fund;
(5) The total of all other expenditures to be paid out of the
receipts for the current fiscal year, with proper allowance for delinquent
taxes, exonerations and contingencies;
(6) The amount of such total to be raised by the levy of taxes for
the current fiscal year;
(7) The proposed rate of levy in cents on each $100 assessed
valuation of each class of property;
(8) The separate and aggregate amounts of the assessed valuation
of real, personal and public utility property within each class.
(b) The secretary of the board
shall forward immediately a certified copy of the statement to the Auditor and shall publish the statement immediately. The session
shall then stand adjourned until the third Tuesday in April, at which time it shall reconvene except where otherwise
permitted by section nine of this article: Provided, That no provision
of this section or section nine of this article may be construed to abrogate
any requirement imposed on the board of education by article nine-b, chapter
eighteen of this code.
(c) Notwithstanding any other provision of code to the contrary,
for the 2018 tax year only, at the session that is reconvened on the third
Tuesday in April, 2017, the county
board may change its proposed regular levy rates from the original proposed
levy rates that were included in the statement required by subsection (a) of
this section. All other requirements
pertaining to county boards of education establishing their regular levy rates
continue to apply including the requirement for the State Auditor to approve the levy rate.
CHAPTER
18. EDUCATION.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
?18-9A-2. Definitions.
For the purpose of this article:
(a) ?State board? means the West
Virginia Board of Education.
(b) ?County board? or ?board? means a
county board of education.
(c) ?Professional salaries? means the
state legally mandated salaries of the professional educators as provided in
article four, chapter eighteen-a of this code.
(d) ?Professional educator? shall be
is synonymous with and shall have has the same meaning as ?teacher?
as defined in section one, article one of this chapter and includes technology
integration specialists.
(e) ?Professional instructional
personnel? means a professional educator whose regular duty is as that of a
classroom teacher, librarian, attendance director or school psychologist. A professional educator having both
instructional and administrative or other duties shall be included as
professional instructional personnel for that ratio of the school day for which
he or she is assigned and serves on a regular full-time basis in appropriate
instruction, library, attendance or psychologist duties.
(f) ?Professional student support
personnel? means a ?teacher? as defined in section one, article one of this
chapter who is assigned and serves on a regular full-time basis as a counselor
or as a school nurse with a bachelor?s degree and who is licensed by the West
Virginia Board of Examiners for Registered Professional Nurses. For all
purposes except for the determination of the allowance for professional
educators pursuant to section four of this article, professional student
support personnel are professional educators.
(g) ?Service personnel salaries? means
the state legally mandated salaries for service personnel as provided in
section eight-a, article four, chapter eighteen-a of this code.
(h) ?Service personnel? means all
personnel as provided in section eight, article four, chapter eighteen-a of
this code. For the purpose of computations under this article of ratios of
service personnel to net enrollment, a service employee shall be is
counted as that number found by dividing his or her number of employment days
in a fiscal year by two hundred: Provided, That the computation for any
service person employed for three and one-half hours or less per day as
provided in section eight-a, article four, chapter eighteen-a of this code shall
be is calculated as one-half an employment day.
(i) ?Net enrollment? means the number
of pupils enrolled in special education programs, kindergarten programs and
grades one to twelve, inclusive, of the public schools of the county. Net
enrollment further shall include:
(1) Adults enrolled in regular secondary vocational programs existing as of
the effective date of this section, subject to the following:
(A) Net enrollment includes no more than one thousand of those adults
counted on the basis of full-time equivalency and apportioned annually to each
county in proportion to the adults participating in regular secondary
vocational programs in the prior year counted on the basis of full-time
equivalency; and
(B) Net enrollment does not include any
adult charged tuition or special fees beyond that required of the regular
secondary vocational student;
(2) Students enrolled in early
childhood education programs as provided in section forty-four, article five of
this chapter, counted on the basis of full-time equivalency;
(3) No pupil shall may be
counted more than once by reason of transfer within the county or from another
county within the state, and no pupil shall be counted who attends school in
this state from another state;
(4) The enrollment shall be modified to
the equivalent of the instructional term and in accordance with the eligibility
requirements and rules established by the state board; and
(5) For the purposes of determining the
county?s basic foundation program only, for any county whose net enrollment as
determined under all other provisions of this definition is less than one
thousand four hundred, the net enrollment of the county shall be increased by
an amount to be determined in accordance with the following:
(A) Divide the state?s lowest county student population density by the
county?s actual student population density;
(B) Multiply the amount derived from
the calculation in paragraph (A) of this subdivision by the difference between one thousand four
hundred and the county?s actual net enrollment;
(C) If the increase in net enrollment
as determined under this subdivision plus the county?s net enrollment as
determined under all other provisions of this subsection is greater than one
thousand four hundred, the increase in net enrollment shall be reduced so that
the total does not exceed one thousand four hundred; and
(D) During the 2008-2009 interim period
and every three interim periods thereafter, the Legislative Oversight
Commission on Education Accountability shall review this subdivision to determine whether or
not these provisions properly address the needs of counties with low enrollment
and a sparse population density
(j) ?Sparse-density county? means a
county whose ratio of net enrollment, excluding any increase in the net
enrollment of counties, pursuant to subdivision (5), subsection (i) of this
section, of the definition of ?net enrollment?, to the square miles of the
county is less than five.
(k) ?Low-density county? means a county
whose ratio of net enrollment, excluding any increase in the net enrollment of
counties, pursuant to subdivision (5), subsection (i) of this section, of the
definition of ?net enrollment?, to the square miles of the county is equal to
or greater than five but less than ten.
(l) ?Medium-density county? means a
county whose ratio of net enrollment, excluding any increase in the net
enrollment of counties, pursuant to subdivision (5), subsection (i) of this
section, of the definition of ?net enrollment?, to the square miles of the
county is equal to or greater than ten but less than twenty.
(m) ?High-density county? means a
county whose ratio of net enrollment, excluding any increase in the net
enrollment of counties, pursuant to subdivision (5), subsection (i) of this
section, of the definition of ?net enrollment?, to the square miles of the
county is equal to or greater than twenty.
(n) ?Levies Maximum levies
for general current expense purposes? means ninety percent of the maximum
levy rate for county boards of education calculated or set by the
Legislature pursuant to section six-f, as derived from the sum of the
levy rates in subdivisions (1), (2) and (3), section six-c, article eight,
chapter eleven of this code for each class of property.
(o) ?Technology integration specialist?
means a professional educator who has expertise in the technology field and is
assigned as a resource teacher to provide information and guidance to classroom
teachers on the integration of technology into the curriculum.
(p) ?State aid-eligible personnel?
means all professional educators and service personnel employed by a county
board in positions that are eligible to be funded under this article and whose
salaries are not funded by a specific funding source such as a federal or state
grant, donation, contribution or other specific funding source not listed.
?18-9A-4. Foundation allowance
for professional educators.
(a) The basic foundation allowance to
the county for professional educators shall be is the amount of
money required to pay the state minimum salaries, in accordance with provisions
of article four, chapter eighteen-a of this code, to the personnel employed,
subject to the following:
(1) Subject to subdivision (2) of
this subsection, in In making this computation no a county
shall receive an allowance for the personnel which number is in excess of
professional educators state aid-eligible professional educator
positions to each one thousand students in net enrollment as follows:
(A) For each high-density county, the number of personnel for which a
county shall receive the allowance shall not exceed seventy-two and one
tenth three tenths professional educators per each one thousand
students in net enrollment;
(B) For each medium-density county, the
number of personnel for which a county shall receive the allowance shall not
exceed seventy-two and twenty-five forty-five one hundredths
professional educators per each one thousand students in net enrollment;
(C) For each low-density county, the
number of personnel for which a county shall receive the allowance shall not
exceed seventy-two and four six tenths professional educators
per each one thousand students in net enrollment; and
(D) For each sparse-density county, the
number of personnel for which a county shall receive the allowance shall not
exceed seventy-two and fifty-five seventy-five one hundredths
professional educators per each one thousand students in net enrollment; and
(E) For any professional educator
positions, or fraction thereof, determined for a county pursuant to paragraphs
(A), (B), (C) and
(D) of this subdivision that exceed the number employed, the county?s allowance
for these positions shall be determined using the average state-funded salary
of professional educators for the county;
(2) For the ratios applicable to each
of the four density categories set forth in subdivision (1) of this subsection,
the number of professional educators per each one thousand students in net
enrollment increases by five one hundredths per year for each of fiscal years
2010, 2011, 2012 and 2013. For each fiscal year thereafter, the ratios remain
at the 2013 level
(3) (2) The number of and the allowance for personnel paid in part
by state and county funds shall be prorated; and
(4) (3) Where two or more counties join together in support of a
vocational or comprehensive high school or any other program or service, the
professional educators for the school or program may be prorated among the
participating counties on the basis of each one?s enrollment therein and the
personnel shall be considered within the above-stated limit.
(b) Subject to subsection (c) of
this section each, Each county board shall establish and maintain a
minimum ratio of professional instructional personnel per one thousand
students in net enrollment state aid-funded professional educators
as follows:
(1) For each high-density county, the
minimum number ratio of professional instructional personnel per one
thousand students in net enrollment is sixty-five and eight tenths state
aid-funded professional educators, or the number employed, whichever is less,
is ninety-one and twenty-nine one hundredths percent;
(2) For each medium-density county, the
minimum number ratio of professional instructional personnel per one
thousand students in net enrollment is sixty-five and nine tenths state
aid-funded professional educators, or the number employed, whichever is less,
is ninety-one and twenty-four one hundredths percent;
(3) For each low-density county, the
minimum number ratio of professional instructional personnel per one
thousand students in net enrollment is sixty-six state aid-funded
professional educators, or the number employed, whichever is less, is
ninety-one and eighteen one hundredths percent;
(4) For each sparse-density county, the
minimum number ratio of professional instructional personnel per one
thousand students in net enrollment is sixty-six and five one hundredths state
aid-funded professional educators, or the number employed, whichever is less,
is ninety-one and seven one hundredths percent; and
(5) Where two or more counties join
together in support of a vocational or comprehensive high school or any other
program or service, the professional instructional personnel for the school or
program may be prorated among the participating counties on the basis of each
one?s enrollment therein and the personnel shall be considered within the above
stated minimum ratios.
(c) For the ratios applicable to each
of the four density categories set forth in subsection (b) of this subsection,
the number of professional instructional personnel per each one thousand
students in net enrollment increases by five one hundredths per year for each
of fiscal years 2010, 2011, 2012 and 2013. For each fiscal year thereafter, the
ratios remain at the 2013 level
(d) (c) Any
county board which does not establish and maintain the applicable minimum ratio
required in subsection (b) of this section shall suffer a pro rata reduction in
the allowance for professional educators under this section: Provided,
That no a county shall may not be penalized if it
has increases in enrollment during that school year: Provided, however,
That for the school year 2008-2009, only, no county shall 2017-2018,
only, a county may not be penalized for not meeting the applicable minimum
ratio required in subsection (b) of this section.
(e) No (d) A county shall may not
increase the number of administrative personnel employed as either professional
educators or pay grade H service personnel above the number which were
employed, or for which positions were posted, on June 30, 1990, and therefore,
county boards shall whenever possible utilize classroom teachers for curriculum
administrative positions through the use of modified or extended contracts.
(f) As the number of professional educators
per each one thousand students in net enrollment increases during fiscal years
2009 through 2013, any additional positions that are created as a result of
that increase shall be positions that will enhance student achievement and are
consistent with the needs as identified in each county board?s electronic
county strategic improvement plan. County boards are encouraged to fill at
least some of the additional positions with technology integration specialists.
(g) During the 2008-2009 interim
period, and every three interim periods thereafter, the Legislative Oversight
Commission on Education Accountability shall review the four density categories created in
section two of this article, the ratios for professional educators established
in this section and the ratios for service personnel established in section
five of this article
?18-9A-5. Foundation allowance
for service personnel.
The basic foundation allowance to the
county for service personnel shall be is the amount of money
required to pay the annual state minimum salaries in accordance with the
provisions of article four, chapter eighteen-a of this code, to such service
personnel employed, subject to the following:
(1) For the school year beginning on
July 1, 2008, and thereafter, no A county shall receive an allowance for an amount in excess of state
aid-eligible service personnel positions per one thousand students
in net enrollment, as follows:
(A) For each high-density county, the number of personnel for which a
county shall receive the allowance shall not exceed forty-three and
ninety-seven one hundredths service personnel per one thousand students in net
enrollment;
(B) For each medium-density county, the
number of personnel for which a county shall receive the allowance shall not
exceed forty-four and fifty-three one hundredths service personnel per one
thousand students in net enrollment;
(C) For each low-density county, the
number of personnel for which a county shall receive the allowance shall not
exceed forty-five and one tenth service personnel per one thousand students
in net enrollment; and
(D) For each sparse-density county, the
number of personnel for which a county shall receive the allowance shall not
exceed forty-five and sixty-eight one hundredths service personnel per one
thousand students in net enrollment; and
(E) For any service personnel
positions, or fraction thereof, determined for a county pursuant to this subdivision
that exceed the number employed, the county?s allowance for these positions
shall be determined using the average state-funded minimum salary of service
personnel for the county;
(2) The number of and the allowance for
personnel paid in part by state and county funds shall be prorated; and
(2) (3) Where two or more counties join together in support of a
vocational or comprehensive high school or any other program or service, the
service personnel for the school or program may be prorated among the
participating counties on the basis of each one?s enrollment therein and that
the personnel shall be considered within the above stated limit.
?18-9A-6a. Teachers Retirement
Fund allowance; unfunded liability allowance.
(a) The total Teachers Retirement Fund
allowance shall be is the sum of the basic foundation allowance
for professional educators, the basic foundation allowance for professional
student support personnel and the basic foundation allowance for service
personnel, as provided in sections four, and five and eight of
this article; all salary equity appropriations authorized in section five,
article four of chapter eighteen-a; and such amounts as are to be paid by the
counties pursuant to sections five-a and five-b of said article to the extent
such county salary supplements are equal to the amount distributed for salary
equity among the counties, multiplied by fifteen percent the average
retirement contribution rate for each county board. The average contribution
rate for each county board is based on the required employer contributions for
state aid-eligible employees participating in the retirement plans pursuant to
articles seven-a and seven-b of this chapter.
(b) The Teachers Retirement Fund
allowance amounts provided for in subsection (a) of this section shall be
accumulated in the Employers Accumulation
Fund of the state Teachers Retirement System pursuant to section eighteen,
article seven-a of this chapter, and shall be in lieu of the contribution
required of employers pursuant to subsection (b) of said section as to all
personnel included in the allowance for state aid in accordance with sections
four, and five and eight of this article.
(c) In addition to the Teachers
Retirement Fund allowance provided for in subsection (a) of this section, there
shall be an allowance for the reduction of any unfunded liability of the
Teachers Retirement Fund in accordance with the following provisions of this
subsection. On or before December 31, of each year, the actuary or actuarial
firm employed in accordance with the provisions of section four, article ten-d,
chapter five of this code shall submit a report to the President of the Senate
and the Speaker of the House of Delegates which sets forth an actuarial
valuation of the Teachers Retirement Fund as of the preceding the thirtieth
day of June 30. Each annual report shall recommend the actuary?s
best estimate, at that time, of the funding necessary to both eliminate the
unfunded liability over a forty-year period beginning on the first day of
July, one thousand nine hundred ninety-four July 1, 1994, and to meet the
cash flow requirements of the fund in fulfilling its future anticipated
obligations to its members. In determining the amount of funding required, the
actuary shall take into consideration all funding otherwise available to the
fund for that year from any source: Provided, That the appropriation and
allocation to the Teachers Retirement Fund made pursuant to the provisions of
section six-b of this article shall be included in the determination of the
requisite funding amount. In any year in which the actuary determines that the
Teachers Retirement Fund is not being funded in such a manner, the allowance
made for the unfunded liability for the next fiscal year shall be not less than
the amount of the actuary?s best estimate of the amount necessary to conform to
the funding requirements set forth in this subsection.
?18-9A-7. Foundation allowance for
transportation cost.
(a) The allowance in the foundation
school program for each county for transportation shall be is the
sum of the following computations:
(1) A percentage of the transportation costs incurred by the county for
maintenance, operation and related costs exclusive of all salaries, including
the costs incurred for contracted transportation services and public utility
transportation, as follows:
(A) For each high-density county, eighty-seven and one-half percent;
(B) For each medium-density county,
ninety percent;
(C) For each low-density county,
ninety-two and one-half percent;
(D) For each sparse-density county,
ninety-five percent;
(E) For any county for the
transportation cost for maintenance, operation and related costs, exclusive of
all salaries, for transporting students to and from classes at a multicounty
vocational center, the percentage provided in paragraphs (A) through (D), inclusive, of this
subdivision as applicable for the county plus an additional ten percent; and
(F) For any county for that portion of
its school bus system that uses as an alternative fuel compressed natural gas
or propane, the percentage provided in paragraphs (A) through (D), inclusive, of this
subdivision as applicable for the county plus an additional ten percent: Provided,
That for any county receiving an additional ten percent for that portion of
their bus system using bio-diesel as an alternative fuel during the school year
2012-2013, bio-diesel shall continue to qualify as an alternative fuel under
this paragraph to the extent that the additional percentage applicable to that
portion of the bus system using bio-diesel shall be decreased by two and
one-half percent per year for four consecutive school years beginning in school
year 2014-2015: Provided, however, That any county using an alternative
fuel and qualifying for the additional allowance under this subdivision shall
submit a plan regarding the intended future use of alternatively fueled school
buses;
(2) The total cost, within each county,
of insurance premiums on buses, buildings and equipment used in transportation;
(3) An amount equal to eight and one-third percent of the current
replacement value of the bus fleet within each county as determined by the
state board. Provided, That the amount for the school year
beginning July 1, 2015, will be $15,000,000 and the amount for the school year
beginning July 1, 2016, will be $18,000,000. The amount shall only be used
for the replacement of buses except as provided in subdivision (4) of this
subsection. Buses purchased after July 1, 1999 that are driven one hundred
eighty thousand miles, regardless of year model, will be are
subject to the replacement value of eight and one-third percent as determined
by the state board. In addition, in any school year in which its net enrollment
increases when compared to the net enrollment the year immediately preceding, a
school district may apply to the state superintendent for funding for an
additional bus or buses. The state superintendent shall make a decision regarding
each application based upon an analysis of the individual school district's net enrollment history and
transportation needs: Provided, That the superintendent shall may
not consider any application which fails to document that the county has
applied for federal funding for additional buses. If the state superintendent
finds that a need exists, a request for funding shall be included in the budget
request submitted by the state board for the upcoming fiscal year;
(4) Notwithstanding the restriction on
the use of funds for the replacement of buses pursuant to subdivision (3) of
this subsection, up to $200,000 of these funds in any school year may be used
by a county for school facility and equipment repair, maintenance and
improvement or replacement or other current expense priorities if a request by
the county superintendent listing the amount, the intended use of the funds and
the serviceability of the bus fleet is approved by the state superintendent.
Before approving the request, the state superintendent shall verify the
serviceability of the county?s bus fleet based upon the state school bus
inspection defect rate of the county over the two prior years; and
(4) (5) Aid in
lieu of transportation equal to the state average amount per pupil for each
pupil receiving the aid within each county.
(b) The total state share for this
purpose is the sum of the county shares: Provided, That no a
county shall may not receive an allowance which is greater than
one-third above the computed state average allowance per transportation mile
multiplied by the total transportation mileage in the county exclusive of the
allowance for the purchase of additional buses.
(c) One half of one percent of the
transportation allowance distributed to each county shall be is
for the purpose of trips related to academic classroom curriculum and not
related to any extracurricular activity. Any remaining funds credited to a county for the purpose of trips related
to academic classroom curriculum during the fiscal year shall be carried over
for use in the same manner the next fiscal year and shall be separate and apart
from, and in addition to, the appropriation for the next fiscal year. The state
board may request a county to document the use of funds for trips related to
academic classroom curriculum if the board determines that it is necessary.
?18-9A-9. Foundation allowance
for other current expense and substitute employees and faculty senates.
The
total allowance for other current expense and substitute employees shall be
is the sum of the following:
(1)
For current expense, ten percent of the sum of the computed state allocation
for professional educators, professional student support personnel and service personnel
as determined in sections four, five and eight of this article. Distribution to
the counties shall be made proportional to the average of each county's
average daily attendance for the preceding year and the county's
second month net enrollment; plus
(1)
For current expense:
(A)
The nonsalary-related expenditures for operations and maintenance, exclusive of
expenditures reported in special revenue funds, for the latest available school
year, in each county, divided by the total square footage of school buildings
in each county is used to calculate a state average expenditure per square foot
for operations and maintenance;
(B)
The total square footage of school buildings in each county divided by each
county?s net enrollment for school aid purposes is used to calculate a state
average square footage per student;
(C)
Each county?s net enrollment for school aid purposes multiplied by the state
average expenditure per square foot for operations and maintenance as
calculated in paragraph (A) of this subdivision and
multiplied by the state average square footage per student as calculated in
paragraph (B) of this subdivision is that county?s state average costs per
square footage per student for operations and maintenance;
(D)
Where two or more counties join together in support of a vocational or
comprehensive high school or any other program or service, the allowance for
current expense may be prorated among the participating counties by adjusting
the net enrollment for school aid purposes utilized in the calculation by the
number of students enrolled therein for each county; and
(E)
Each county?s allowance for current expense is 70.25 percent of the county?s
state average costs per square footage per student for operations and
maintenance amount as calculated in paragraph (C) of this subdivision; plus
(2)
For professional educator substitutes or current expense, two and five-tenths
percent of the computed state allocation for professional educators and
professional student support personnel as determined in sections four and eight
of this article. Distribution to the counties shall be is made
proportional to the number of professional educators and professional student
support personnel authorized for the county in compliance with sections four
and eight of this article; plus
(3)
For service personnel substitutes or current expense, two and five-tenths
percent of the computed state allocation for service personnel as determined in
section five of this article. Distribution to the counties shall be is
made proportional to the number of service personnel authorized for the county
in compliance with said section; plus
(4)
For academic materials, supplies and equipment for use in instructional
programs, $200 multiplied by the number of professional instructional personnel
and professional student support personnel employed in the schools of the
county. Distribution shall be is made to each county for
allocation to the faculty senate of each school in the county on the basis of
$200 per professional instructional personnel employed at the school. ?Faculty
senate? means a faculty senate created pursuant to section five, article five-a
of this chapter. Decisions for the expenditure of such funds shall be are
made at the school level by the faculty senate in accordance with the
provisions of said section and shall may not be used to supplant
the current expense expenditures of the county. Beginning on September 1, 1994,
and every September thereafter, county boards shall forward to each school for
the use by faculty senates the appropriation specified in this section. Each
school shall be responsible for keeping accurate records of expenditures.
?18-9A-10. Foundation allowance
to improve instructional programs and instructional technology.
(a) The total allowance to improve
instructional programs shall be and instructional technology is
the sum of the following:
(1) For instructional improvement, in
accordance with county and school electronic strategic improvement plans
required by section five, article two-e of this chapter, an amount equal to ten
percent of the portion of the increase in the local share amount for the
next school year that is due to an increase in assessed values only
above any required allocation pursuant to section six-b of this article shall
be added to the amount of the appropriation for this purpose for the
immediately preceding school year. The sum of these amounts shall be distributed
allocated to the counties as follows:
(A) One hundred fifty thousand dollars shall be allocated to each
county; and
(B) Distribution Allocation to the counties of the remainder of
these funds shall be made proportional to the average of each county's average daily attendance for the
preceding year and the county's
second month net enrollment.
Moneys allocated by provision of
this subdivision shall be used to improve instructional programs according to
the county and school strategic improvement plans required by section five,
article two-e of this chapter and approved by the state board. Provided,
That notwithstanding any other provision of this code to the contrary, moneys
allocated by provision of this section also may be used in the implementation
and maintenance of the uniform integrated regional computer information system.
Up to twenty-five fifty percent
of this allocation for the improvement of instructional programs may be
used to employ professional educators
and service personnel in counties after all applicable provisions of
sections four and five of this article have been fully utilized the
county. Prior to the use of any funds from this subdivision for personnel
costs, the county board must receive authorization from the state
superintendent. The state superintendent shall require the county board to
demonstrate: (1) The need for the allocation; (2) efficiency and fiscal
responsibility in staffing; (3) sharing of services with adjoining counties and
the Regional educational Education Service Agency for that county in the use of the
total local district board budget; and (4) employment of technology integration
specialists to meet the needs for implementation of the West Virginia Strategic
Technology Learning Plan. County boards shall make application for the use of
funds for personnel for the next fiscal year by May 1 of each year. On or
before June 1, the state superintendent shall review all applications and
notify applying county boards of the approval or disapproval of the use of
funds for personnel during the fiscal year appropriate. The state
superintendent shall require the county board to demonstrate the need for an
allocation for personnel based upon the county's inability to meet the requirements of state law or state board
policy.
The provisions relating to the use of
any funds from this subdivision for personnel costs are subject to the
following: (1) The
funds available for personnel under this subsection subdivision
may not be used to increase the total number of professional noninstructional
personnel in the central office beyond four. and (2) For the school year
beginning July 1, 2013, and thereafter, any funds available to a county for use
for personnel under this subsection above the amount available for the
2012-2013 school year, only may be used for technology systems specialists
until the state superintendent determines that the county has sufficient
technology systems specialists to serve the needs of the county.
The plan shall be made available for
distribution to the public at the office of each affected county board; plus
(2) For the purposes of improving
instructional technology, an amount equal to twenty percent of the portion
of the increase in the local share amount for the next school year that
is due to an increase in assessed values only above any required allocation
pursuant to section six-b of this article shall be added to the amount of the
appropriation for this purpose for the immediately preceding school year. The
sum of these amounts shall be distributed allocated to the
counties as follows:
(A) Thirty thousand dollars shall be allocated to each county; and
(B) Distribution Allocation to the counties of the remainder of
these funds shall be made proportional to the average of each county's average daily attendance for the
preceding year and the county's
second month net enrollment.
Effective July 1, 2014, Moneys allocated by provision of
this subdivision shall be used to improve instructional technology programs
according to the county and school strategic improvement plans board?s
strategic technology learning plan. plus
This allocation for the improvement of
instructional technology programs may also be used for the employment of
technology system specialists essential for the technology systems of the
schools of the county to be fully functional and readily available when needed
by classroom teachers. The amount of this allocation used for the employment of
technology system specialists shall be included and justified in the county
board?s strategic technology learning plan; plus
(3) One percent of the state average
per pupil state aid multiplied by the number of students enrolled in dual
credit, advanced placement and international baccalaureate courses, as defined
by the state board, distributed to the counties proportionate to enrollment in
these courses in each county; plus
(4) An amount not less than the amount required to meet debt service
requirements on any revenue bonds issued prior to January 1, 1994, and the debt
service requirements on any revenue bonds issued for the purpose of refunding
revenue bonds issued prior to January 1, 1994, shall be paid by the West
Virginia Department of Education in accordance with the expenditure schedule
approved by the state budget office into the School Building Capital
Improvements Fund created by section six, article nine-d of this chapter and
shall be used solely for the purposes of that article. The School Building
Capital Improvements Fund shall not be utilized to meet the debt services
requirement on any revenue bonds or revenue refunding bonds for which moneys
contained within the School Building Debt Service Fund have been pledged for
repayment pursuant to that section.
(b) Notwithstanding the restrictions on
the use of funds pursuant to subdivisions (1) and (2), subsection (a) of this
section, a county board may:
(1) Utilize up to twenty-five percent
of the allocation for the improvement of instructional programs in any school
year for school facility and equipment repair, maintenance and improvement or
replacement and other current expense priorities and for emergency purposes.
The amount of this allocation used for any of these purposes shall be included
and justified in the county and school strategic improvement plans or
amendments thereto; and
(2) Utilize up to fifty percent of the
allocation for improving instructional technology in any school year for school
facility and equipment repair, maintenance and improvement or replacement and
other current expense priorities and for emergency purposes. The amount of this
allocation used for any of these purposes shall be included and justified in
the county board?s strategic technology learning plan or amendments thereto.
(b) (c) When the school improvement bonds secured by funds from
the School Building Capital Improvements Fund mature, the State Board of
Education shall annually deposit an amount equal to $24 million from the funds
allocated in this section into the School Construction Fund created pursuant to
the provisions of section six, article nine-d of this chapter to continue
funding school facility construction and improvements.
(c) (d) Any
project funded by the School Building Authority shall be in accordance with a comprehensive educational
facility plan which must be approved by the state board and the School Building
Authority.
?18‑9A‑11. Computation of
local share; appraisal and assessment of property; valuations for tax increment
financing purposes; computations in growth counties; public library support.
(a) On the basis of each county?s certificates of valuation as to
all classes of property as determined and published by the assessors pursuant
to section six, article three, chapter eleven of this code for the next ensuing
fiscal year in reliance upon the assessed values annually developed by each
county assessor pursuant to articles one‑c and three of said chapter, the
state board shall for each county compute by application of the maximum
levies for general current expense purposes, as defined in section two of this
article, the amount of revenue which the levies would produce if levied upon
one hundred percent of the assessed value of each of the several classes of
property contained in the report or revised report of the value made to it by
the Tax Commissioner as follows:
(1) For each fiscal year beginning before July 1, 2014,
the state board shall first take ninety‑five percent of the amount
ascertained by applying these rates to the total assessed public utility
valuation in each classification of property in the county. For each fiscal
year beginning after June 30, 2014, the The state
board shall first take ninety‑six percent of the amount ascertained by
applying these rates to the total assessed public utility valuation in each
classification of property in the county; and
(2) For each fiscal year beginning before July 1, 2014,
the state board shall then apply these rates to the assessed taxable value of
other property in each classification in the county as determined by the Tax
Commissioner and shall deduct therefrom five percent as an allowance for the
usual losses in collections due to discounts, exonerations, delinquencies and
the like. For each fiscal year beginning after June 30, 2014, the The state board shall then apply these rates to the
assessed taxable value of other property in each classification in the county
as determined by the Tax Commissioner and shall deduct therefrom four percent
as an allowance for the usual losses in collections due to discounts,
exonerations, delinquencies and the like. All of the amount so
determined shall be added to the ninety‑five or ninety‑six percent as applicable, of public utility taxes computed as provided in subdivision (1)
of this subsection and this total shall be further reduced by the amount due
each county assessor?s office pursuant to section eight, article one‑c,
chapter eleven of this code and this amount shall be the local share of the
particular county.
As to any estimations or preliminary computations of local share
required prior to the report to the Legislature by the Tax Commissioner, the
state shall use the most recent projections or estimations that may be
available from the Tax Department for that purpose.
(b) It is the intent of the Legislature that the computation of
local share for public school support continue to be based upon actual real
property values rather than assumed assessed real property values that are
based upon an assessment ratio study, and that the annual amount of local share
for which a county board of education is responsible continue to be computed
without reference to whether the real property assessments in that county were
at least fifty‑four percent of market value in the prior year as
indicated by the assessment ratio study. Accordingly, the
effective date of the operation of this section as amended and reenacted during
2014, and the effective date of the operation of the repeal of section two‑a
of this article and the operation of the repeal of section five‑b,
article one‑c, chapter eleven of this code, all as provided under this
enactment, are expressly made retrospective to June 30, 2013.
(c) Whenever in any year a county assessor or a county commission
fails or refuses to comply with this section in setting the valuations of
property for assessment purposes in any class or classes of property in the
county, the State Tax Commissioner shall review the valuations for assessment
purposes made by the county assessor and the county commission and shall direct
the county assessor and the county commission to make corrections in the
valuations as necessary so that they comply with the requirements of chapter
eleven of this code and this section and the Tax Commissioner may enter the
county and fix the assessments at the required ratios. Refusal of the assessor
or the county commission to make the corrections constitutes grounds for
removal from office.
(d) For the purposes of any computation made in accordance with
this section, in any taxing unit in which tax increment financing is in effect
pursuant to article eleven‑b, chapter seven of this code, the assessed
value of a related private project shall be the base‑assessed value as
defined in section two of said article.
(e) For purposes of any computation made in accordance with this
section, in any county where the county board of education has adopted a
resolution choosing to use the Growth County School Facilities Act set forth in section six‑f, article eight, chapter eleven
of this code, estimated school board revenues generated from application of the
regular school board levy rate to new property values, as that term is
designated in said section, may not be considered local share funds and shall
be subtracted before the computations in subdivisions (1) and (2), subsection
(a) of this section are made.
(f) The Legislature finds that public school systems throughout
the state provide support in varying degrees to public libraries through a
variety of means including budgeted allocations, excess levy funds and portions
of their regular school board levies. A number of public
libraries are situated on the campuses of public schools and several are within
public school buildings serving both the students and public patrons. To the
extent that public schools recognize and choose to avail the resources of
public libraries toward developing within their students such legally
recognized elements of a thorough and efficient education as literacy,
interests in literature, knowledge of government and the world around them and
preparation for advanced academic training, work and citizenship, public
libraries serve a legitimate school purpose and may do so economically.
Therefore, county boards are encouraged to support public libraries within
their counties.
?18-9A-25. Effective date
of changes during 2017 regular session of the Legislature.
The amendments to sections two, four, five, six-a, seven,
nine, ten and eleven of this article during the 2017 regular session of the
Legislature shall be effective for the calculations and distribution of state
aid for the 2018 fiscal year and thereafter; and the provisions in place before
those amendments are only effective for the calculations and distribution of
state aid prior to the 2018 fiscal year.
ARTICLE 9D. SCHOOL
BUILDING AUTHORITY.
?18-9D-2. Definitions.
For the purposes of this article, unless a
different meaning clearly appears from the context:
(1) ?Authority? means the School
Building Authority of West Virginia;
(2) ?Bonds? means bonds issued by the authority
pursuant to this article;
(3) ?Construction project? means a project in the
furtherance of a facilities plan with a cost greater than $1 million for the
new construction, expansion or major renovation of facilities, buildings and
structures for school purposes, including:
(A) The acquisition of land for
current or future use in connection with the construction project;
(B) New or substantial upgrading of existing
equipment, machinery and furnishings;
(C) Installation of utilities and other similar
items related to making the construction project operational.
(D) Construction project does not include such items
as books, computers or equipment used for instructional purposes; fuel;
supplies; routine utility services fees; routine maintenance costs; ordinary
course of business improvements; other items which are customarily considered
to result in a current or ordinary course of business operating charge or a
major improvement project;
(4) ?Cost of project? means the cost of
construction, expansion, renovation, repair and safety upgrading of facilities,
buildings and structures for school purposes; the cost of land, equipment,
machinery, furnishings, installation of utilities and other similar items
related to making the project operational; and the cost of financing, interest
during construction, professional service fees and all other charges or
expenses necessary, appurtenant or incidental to the foregoing, including the
cost of administration of this article;
(5) ?County board? or ?county? means a county
board of education as provided in article five of this chapter and includes the
West Virginia Schools for the Deaf and the Blind as provided in article
seventeen of this chapter when acting with the approval of the West Virginia
Board of Education to submit, request and receive an award of funds or services
for projects under the provisions of this article.
(5) (6) ?Facilities
plan? means the ten-year countywide comprehensive educational facilities plan
established by a county board in accordance with guidelines adopted by the
authority to meet the goals and objectives of this article, or a facilities
plan established by the administration of the West Virginia Schools for the
Deaf and Blind that:
(A) Addresses the existing
school facilities and facility needs of the county, or the Schools for the
Deaf and Blind, to provide a thorough and efficient education in accordance
with the provisions of this code and policies of the state board;
(B) Best serves the needs of individual students,
the general school population and the communities served by the facilities, including,
but not limited to, providing for a facility infrastructure that avoids
excessive school bus transportation times for students consistent with sound
educational policy and within the budgetary constraints for staffing and
operating the schools of the county;
(C) Includes the school major improvement plan;
(D) Includes the county board?s school access
safety plan required by section three, article nine-f of this chapter;
(E) Is updated annually to reflect projects
completed, current enrollment projections and new or continuing needs; and
(F) Is approved by the state board and the
authority prior to the distribution of state funds pursuant to this article to
any county board or other entity applying for funds;
(6) (7) ?Project? means
a construction project or a major improvement project;
(7) (8) ?Region? means
the area encompassed within and serviced by a regional educational service
agency established pursuant to section twenty-six, article two of this chapter;
(8) (9) ?Revenue? or ?revenues?
means moneys:
(A) Deposited in the School Building
Capital Improvements Fund pursuant to section ten, article nine-a of this
chapter;
(B) Deposited in the School Construction Fund
pursuant to section thirty, article fifteen, chapter eleven of this code and
section eighteen, article twenty-two, chapter twenty-nine of this code;
(C) Deposited in the School Building Debt Service
Fund pursuant to section eighteen, article twenty-two, chapter twenty-nine of
this code;
(D) Deposited in the School Major Improvement Fund
pursuant to section thirty, article fifteen, chapter eleven of this code;
(E) Received, directly or indirectly, from any
source for use in any project completed pursuant to this article;
(F) Received by the authority for the purposes of
this article; and
(G) Deposited in the Excess Lottery School Building
Debt Services Fund pursuant to section eighteen-a, article twenty-two, chapter
twenty-nine of this code;.
(9) (10) ?School major
improvement plan? means a ten-year school maintenance plan that:
(A) Is prepared by a county board in
accordance with the guidelines established by the authority and incorporated in
its Countywide Comprehensive Educational Facilities Plan, or is prepared by the
state board or the administrative council of an area vocational educational
center in accordance with the guidelines if the entities seek funding from the
authority for a major improvement project, or is prepared by the
administration of the West Virginia Schools for the Deaf and Blind;
(B) Addresses the regularly scheduled maintenance
for all school facilities of the county or under the jurisdiction of the entity
seeking funding;
(C) Includes a projected repair and replacement
schedule for all school facilities of the county or of the entity
seeking funding;
(D) Addresses the major improvement
needs of each school within the county or under the jurisdiction of the entity
seeking funding; and
(E) Is required prior to the distribution of state
funds for a major improvement project pursuant to this article to the county
board, state board or administrative council; and
(10) (11) ?School major
improvement project? means a project with a cost greater than $50 thousand and
less than $1 million for the renovation, expansion, repair and safety upgrading
of existing school facilities, buildings and structures, including the
substantial repair or upgrading of equipment, machinery, building systems,
utilities and other similar items related to the renovation, repair or
upgrading in the furtherance of a school major improvement plan. A
major improvement project does not include such items as books, computers or
equipment used for instructional purposes; fuel; supplies; routine utility
services fees; routine maintenance costs; ordinary course of business
improvements; or other items which are customarily considered to result in a
current or ordinary course of business operating charge.;
(12) ?Schools for the Deaf and Blind? or ?West
Virginia Schools for the Deaf and Blind? means the Schools for the Deaf and
Blind established or continued under article seventeen of this chapter.
?18-9D-3. Powers of authority.
The School Building Authority has the power:
(1) To sue and be sued, plead and be impleaded;
(2) To have a seal and alter the same at pleasure;
(3) To contract to acquire and to acquire, in the
name of the authority, by purchase, lease-purchase not to exceed a term of
twenty-five years, or otherwise, real property or rights or easements necessary
or convenient for its corporate purposes and to exercise the power of eminent
domain to accomplish those purposes;
(4) To acquire, hold and dispose of real and
personal property for its corporate purposes;
(5) To make bylaws for the management and rule of
its affairs;
(6) To appoint, contract with and employ attorneys,
bond counsel, accountants, construction and financial experts, underwriters,
financial advisers, trustees, managers, officers and such other employees and
agents as may be necessary in the judgment of the authority and to fix their
compensation: Provided, That contracts entered into by the School
Building Authority in connection with the issuance of bonds
under this article to provide professional and technical services, including,
without limitation, accounting, actuarial, underwriting, consulting, trustee,
bond counsel, legal services and contracts relating to the purchase or sale of
bonds are subject to the provisions of article three, chapter five-a of this
code: Provided, however, That notwithstanding any other provisions of
this code, any authority of the Attorney General of this state
relating to the review of contracts and other documents to effectuate the
issuance of bonds under this article shall be exclusively limited to the form
of the contract and document: Provided further, That the Attorney
General of this state shall complete all reviews of contracts and documents
relating to the issuance of bonds under this article within ten calendar days
of receipt of the contract and document for review;
(7) To make contracts and to execute all
instruments necessary or convenient to effectuate the intent of and to exercise
the powers granted to it by this article;
(8) To renegotiate all contracts entered into by it
whenever, due to a change in situation, it appears to the authority that its
interests will be best served;
(9) To acquire by purchase, eminent domain or
otherwise all real property or interests in the property necessary or
convenient to accomplish the purposes of this article;
(10) To require proper maintenance and insurance of
any project authorized under this section, including flood insurance for any
facility within the one hundred year flood plain, at which authority funds are
expended;
(11) To charge rent for the use of all or any part
of a project or buildings at any time financed, constructed, acquired or
improved, in whole or in part, with the revenues of the authority;
(12) To assist the West Virginia Schools for the
Deaf and Blind or any county board of education that chooses to acquire
land, buildings and capital improvements to existing school buildings and
property for use as public school facilities, by lease from a private or public
lessor for a term not to exceed twenty-five years with an option to purchase
pursuant to an investment contract with the lessor on such terms and conditions
as may be determined to be in the best interests of the authority, the State
Board of Education and, if applicable, the county board of education,
consistent with the purposes of this article, by transferring funds to the
State Board of Education as provided in subsection (d), section fifteen of this
article for the use of the county board of education;
(13) To accept and expend any gift, grant,
contribution, bequest or endowment of money and equipment to, or for the
benefit of, the authority or any project under this article, from the State of
West Virginia or any other source for any or all of the purposes specified in
this article or for any one or more of such purposes as may be specified in
connection with the gift, grant, contribution, bequest or endowment;
(14) To enter on any lands and premises for the
purpose of making surveys, soundings and examinations;
(15) To contract for architectural, engineering or
other professional services considered necessary or economical by the authority
to provide consultative or other services to the authority or to any regional
educational service agency, the West Virginia Schools for the Deaf and Blind
or any county board requesting professional services offered by the
authority, to evaluate any facilities plan or any project encompassed in the
plan, to inspect existing facilities or any project that has received or may
receive funding from the authority or to perform any other service considered
by the authority to be necessary or economical. Assistance to the region, school
or district may include the development of preapproved systems, plans, designs,
models or documents; advice or oversight on any plan or project; or any other
service that may be efficiently provided by the authority to regional
educational service agencies, the state board, or county boards by
the authority or the West Virginia Schools for the Deaf and Blind;
(16) To provide funds on an emergency basis to
repair or replace property damaged by fire, flood, wind, storm, earthquake or
other natural occurrence, the funds to be made available in accordance with
guidelines of the School Building Authority;
(17) To transfer moneys to custodial accounts
maintained by the School Building Authority with a state financial
institution from the school construction fund and the school improvement fund
created in the State Treasury pursuant to the provisions of section six of this
article, as necessary to the performance of any contracts executed by the
School Building Authority in accordance with the provisions of
this article;
(18) To enter into agreements with county boards
and persons, firms or corporations to facilitate the development of county
board projects and county board facilities plans. The county board participating
in an agreement shall pay at least twenty-five percent of the cost of the
agreement. Nothing in this section shall be construed to supersede, limit or
impair supersedes, limits or impairs the authority of county boards
to develop and prepare their projects or plans;
(19) To encourage any project or part thereof to
provide opportunities for students to participate in supervised, unpaid
work-based learning experiences related to the student?s program of study
approved by the county board or the administration of the West Virginia
Schools for the Deaf and Blind. The work-based learning experience must
shall be conducted in accordance with a formal training plan approved by
the instructor, the employer and the student. and which sets The
experience shall set forth at a minimum the specific skills to be learned,
the required documentation of work-based learning experiences, the conditions
of the placement, including duration and safety provisions, and provisions for
supervision and liability insurance coverage as applicable. Projects involving
the new construction and renovation of vocational-technical and adult education
facilities should provide opportunities for students to participate in
supervised work-based learning experiences, to the extent practical, which meet
the requirements of this subdivision. Nothing in this subdivision may be
construed to affect registered youth apprenticeship programs or the provisions
governing those programs; and
(20) To do all things necessary or convenient to
carry out the powers given in this article.
?18-9D-4c. School Building Authority
authorized to temporarily finance projects through the issuance of loans, notes
or other evidences of indebtedness.
The School Building Authority
may by resolution, in accordance with the provisions of this article,
temporarily finance the cost of projects and other expenditures permitted under
this article for public schools in this state, including, but not
limited to, comprehensive high schools, and comprehensive middle schools
as defined in this article, in this state through the issuance of and
the West Virginia Schools for the Deaf and Blind. The financing may be issued
through loans, notes or other evidences of indebtedness, Provided,
That the outstanding principal amount of loans, notes or other
evidences of indebtedness outstanding at any one time shall which may
not exceed $16 million at any one time. Provided, however,
That The principal of, interest and premium if any on, and fees
associated with any such temporary financing shall be payable solely
from the proceeds of bonds or the sources from which the principal
of, interest and premium, if any, on bonds is any bonds are payable
under this article. or from the proceeds of bonds
?18-9D-4d.
Emergency facility and equipment
repair or replacement fund for financially distressed counties.
From the funds available to it the
School Building Authority
shall maintain a reserve fund in the amount of not less than $600,000 for the
purpose of making emergency grants to financially distressed county boards to
assist them in making repairs or performing urgent maintenance to facilities or
facility related equipment or facility related equipment replacement necessary
to maintain the serviceability or structural integrity of school facilities
currently in use or necessary for educating the students of the county. The
grants shall be made in accordance with guideline established by the school
building authority. For the purposes of this section, ?financially distressed
county? means a county either in deficit or on the most recently established
watch list established by the Department of Education of those counties at-risk
of becoming in deficit.
?18-9D-16. Authority
to establish guidelines and procedures for facilities and major improvement
plans; guidelines for modifications and updates, etc.; guidelines for project
evaluation; submission of certified list of projects to be funded; department
on-site inspection of facilities; enforcement of required changes or additions
to project plans.
(a) The authority shall establish guidelines and
procedures to promote the intent and purposes of this article and assure the
prudent and resourceful expenditure of state funds for projects under this
article including, but not limited to, the following:
(1) Guidelines and procedures for the facilities
plans, school major improvement plans and projects submitted in the furtherance
of the plans that address, but are not limited to, the following:
(A) All of the elements of the
respective plans as defined in section two of this article;
(B) The procedures for a county or the
administration of the West Virginia Schools for the Deaf and Blind to
submit a preliminary plan, a plan outline or a proposal for a plan to the
authority prior to the submission of the facilities plan. The preliminary plan,
plan outline or proposal for a plan shall be the basis for a consultation
meeting between representatives of the county or the administration of the
West Virginia Schools for the Deaf and Blind and members of the authority,
including at least one citizen member. which The meeting shall be
held promptly following submission of the preliminary plan, plan outline or
proposal for a plan to assure understanding of the general goals of this
article and the objective criteria by which projects will be evaluated, to
discuss ways the plan may be structured to meet those goals, and to assure
efficiency and productivity in the project approval process;
(C) The manner, time line and process for the
submission of each plan and annual plan updates to the authority;
(D) The requirements for public hearings, comments
or other means of providing broad-based input on plans and projects under this
article within a reasonable time period as the authority may consider
appropriate. The submission of each plan must be accompanied by a synopsis of
all comments received and a formal comment by the county board, the state board
or the administrative council of an area vocational educational center
submitting the plan;
(E) Any project specifications and
maintenance specifications considered appropriate by the authority including,
but not limited to, such matters as energy efficiency, preferred siting,
construction materials, maintenance plan and any other matter related to how
the project is to proceed;
(F) A prioritization by the county
board, the state board or the administrative council submitting the plan of
each project contained in the plan. In prioritizing the projects, the county
board, the state board or the administrative council submitting the plan shall
make determinations The prioritization shall be determined in
accordance with the objective criteria formulated by the School Building Authority
in accordance with this section. The priority list is one of the criteria that
shall be considered by the authority in deciding how the available funds
should be expended;
(G) The objective means to be set forth in the plan
and used in evaluating implementation of the overall plan and each project
included in the plan. The evaluation must shall measure how the
plan addresses the goals of this article and any guidelines adopted under this
article, and how each project is in furtherance of the facilities plan
and school major improvement plan, as applicable, as well as the
importance of the project to the overall success of the facilities plan or
school major improvement plan, and the overall goals of the authority; and
(H) Any other matters considered by the
authority to be important reflections of how a construction project or a major
improvement project or projects will further the overall goals of this
article.
(2) Guidelines and procedures which may be adopted
by the authority for requiring that a county board modify, update, supplement
or otherwise submit changes or additions to an approved facilities plan or for
requiring that a county board, the state board or the administrative council of
an area vocational educational center modify, update, supplement or otherwise
submit changes or additions to an approved school major improvement plan. The
authority shall provide reasonable notification and sufficient time for the
change or addition as delineated in its guidelines. developed by the
authority The guidelines shall require an update of the estimated duration
of school bus transportation times for students associated with any
construction project under consideration by the authority that includes the
closure, consolidation or construction of a school or schools.
(3) Guidelines and procedures for evaluating
project proposals that are submitted to the authority that address, but are not
limited to, the following:
(A) Any project funded by the
authority must shall be in furtherance of the facilities plan or
school major improvement plan and in compliance with the guidelines established
by the authority;
(B) If a project is to benefit more than one county
in the region, the facilities plan must shall state the manner in
which the cost and funding of the project will be apportioned among the
counties;
(C) If a county board proposes to finance a
construction project through a lease with an option to purchase pursuant to an
investment contract as described in subsection (f), section fifteen of this
article, the specifications for the project must include the term of the lease,
the amount of each lease payment, including the payment due upon exercise of
the option to purchase, and the terms and conditions of the proposed investment
contract; and
(D) The objective criteria for the evaluation of
projects which shall include, but are is not limited to, the
following:
(i) How the current facilities do not meet and how
the plan and any project under the plan meets meet the following:
(I) Student health and safety including, but not
limited to, critical health and safety needs;
(II) Economies of scale, including compatibility
with similar schools that have achieved the most economical organization,
facility use and pupil-teacher ratios;
(III) Reasonable travel time and practical means of
addressing other demographic considerations. The authority may not approve a
project after July 1, 2008 that includes a school closure, consolidation
or new construction for which a new bus route will be created for the
transportation of students in any of the grade levels prekindergarten through
grade five transporting any prekindergarten through fifth grade students
to and from any school included in the project, which new bus if the
route exceeds by more than fifteen minutes the recommended duration of the one-way
school bus transportation duration time for elementary students adopted
by the state board as provided in pursuant to section five-d,
article two-e of this chapter, unless the county has received the written
permission of the state board to create the route in accordance with said
section five-d;
(IV) Multicounty and regional planning to achieve
the most effective and efficient instructional delivery system;
(V) Curriculum improvement and diversification,
including the use of instructional technology, distance learning and access to
advanced courses in science, mathematics, language arts and social studies;
(VI) Innovations in education;
(VII) Adequate space for projected
student enrollments;
(VIII) The history of efforts taken by the county
board to propose or adopt local school bond issues or special levies to the
extent Constitutionally permissible; and
(IX) Regularly scheduled preventive maintenance;
and
(ii) How the project will assure the prudent and
resourceful expenditure of state funds and achieve the purposes of this article
for constructing, expanding, renovating or otherwise improving and maintaining
school facilities for a thorough and efficient education.
(4) Guidelines and procedures for evaluating
projects for funding that address, but are not limited to, the following:
(A) Requiring each county board?s
facilities plan and school major improvement plan to prioritize all the
construction projects or major improvement projects, respectively, within the
county. A school major improvement plan submitted by the state
board or the administrative council of an area vocational educational center
shall prioritize all the school improvement projects contained in the plan. The
priority list shall be one of the criteria to be considered by the authority in
determining how available funds shall be expended. In prioritizing the
projects, the county board, the state board or the administrative council
submitting a plan shall make determinations in accordance with the objective
criteria formulated by the School Building Authority;
(B) The return to each county submitting a project
proposal an explanation of the evaluative factors underlying the decision of
the authority to fund or not to fund the project; and
(C) The allocation and expenditure of funds in
accordance with this article, subject to the availability of funds.
(b) Prior to final action on approving projects for
funding under this article, the authority shall submit a certified list of the
projects to the Joint Committee on Government and Finance.
(c) The State Department of Education shall conduct
on-site inspections, at least annually, of all facilities which have been
funded wholly or in part by moneys from the authority or state board to ensure
compliance with the county board?s facilities plan and school major improvement
plan as related to the facilities; to preserve the physical integrity of the
facilities to the extent possible; and to otherwise extend the useful life of
the facilities. Provided, That The state board shall
submit reports regarding its on-site the inspections of
facilities to the authority within thirty days of completion. of the
on-site inspections: Provided, however, That The state board shall
promulgate rules regarding the on-site inspections and matters relating
thereto, in consultation with the authority, as soon as practical and
shall submit proposed rules for legislative review. no later than December
1, 1994
(d) Based on its on-site inspection or notification
by the authority to the state board that the changes or additions to a county?s
board county board?s facilities plan or school major improvement
plan required by the authority have not been implemented within the time
period prescribed by the authority, the state board shall restrict the use of
the necessary funds or otherwise allocate funds from moneys appropriated by the
Legislature for those purposes set forth in section nine, article nine-a of
this chapter.
?18-9D-22. Eligibility of the West
Virginia Schools for the Deaf and Blind to participate in
all types of funding administered or distributed by the authority.
(a) The Legislature finds that:
(1) The Legislature?s Constitutional
obligation to provide a thorough and efficient public education for the
children of West Virginia includes providing a thorough and efficient education
for the children of West Virginia who are deaf and blind;
(2) The Legislature has endeavored to fulfill
this obligation with the creation, maintenance and operation of the West
Virginia Schools for the Deaf and Blind, established and continued under
article seventeen of this chapter;
(3) The West Virginia Schools for the Deaf and
Blind have for generations provided educational services to children from each
of West Virginia?s fifty-five counties;
(4) The facilities of the West Virginia
Schools for the Deaf and Blind are in need of substantial improvements;
(5) The West Virginia Schools for the Deaf and
Blind have no local levy which supports their operations, and depend completely
upon the appropriations from the state;
(6) The West Virginia Schools for the Deaf and
Blind have no borrowing authority nor revenue stream that can serve as a source
of servicing debt;
(7) Questions have arisen as to whether or not
it is permissible for the School Building Authority
to distribute to the West Virginia Schools for the Deaf and Blind financial
assistance for the construction and improvement of their facilities; and
(8) The West Virginia Schools for the Deaf and
Blind should have access to and be eligible to receive all types of funding
provided to county boards by the authority.
(b) Notwithstanding any provision of this code
to the contrary:
(1) The West Virginia Schools for the Deaf and
Blind are eligible to participate in all funding distributed by the authority;
and
(2) The authority may distribute to the West
Virginia Schools for the Deaf and Blind funds as it determines to be
appropriate.
(c) The authority may not
require the contribution of local funds for a project of the West Virginia
Schools for the Deaf and Blind, nor penalize the consideration or priority
ranking of a project of the schools for lack of local project funds. The state
board may apply for funds for education programs under its jurisdiction for
projects at the West Virginia Schools for the Deaf and Blind.
On motion of Senator Boso, the following amendment to Senator Trump?s
amendment to the bill (Eng. Com. Sub. for H. B. 2561) was reported by the
Clerk:
On page
Following discussion,
The question being on the adoption of
Senator Boso's amendment to Senator Trump?s amendment to the
bill, and on this question, Senator Plymale demanded the yeas and nays.
The roll being taken, the yeas were: Azinger,
Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann,
Maroney, Mullins, Smith, Swope, Sypolt, Takubo, Trump, Weld and Carmichael (Mr.
President)?20.
The nays were: Beach, Facemire,
Jeffries, Maynard, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker,
Stollings, Unger and Woelfel?14.
Absent: None.
So, a majority of those present and
voting having voted in the affirmative, the President declared Senator Boso's
amendment to Senator Trump?s amendment to the bill (Eng. Com Sub. for H. B.
2561) adopted.
The question now being on the adoption of Senator Trump?s amendment to
the bill, as amended.
Senator Palumbo arose to a point of order that Senator Trump?s amendment
to the bill, as amended, was not germane to the bill.
Which point of order, the President ruled well taken.
??????????? Thereafter, on motion of Senator
Boso, the Senate reconsidered its action by which it immediately hereinbefore
adopted Senator Boso?s amendment to Senator Trump?s amendment to the bill.
??????????? The vote thereon having been
reconsidered,
??????????? At the request of Senator Boso, and by unanimous consent, Senator Boso?s
amendment to Senator Trump?s amendment to the bill (Eng. Com. Sub. for H. B.
2561) was withdrawn.
??????????? The question now being on the adoption
of Senator Trump's amendment to the bill, and on this question,
Senator Unger demanded the yeas and nays.
The roll being taken, the yeas were: Azinger,
Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann,
Maroney, Maynard, Mullins, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld
and Carmichael (Mr. President)?22.
The nays were: Beach, Facemire,
Jeffries, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Stollings, Unger
and Woelfel?12.
Absent: None.
So, a majority of those present and
voting having voted in the affirmative, the President declared Senator Trump's
amendment to the bill adopted.
The bill
Eng. Com. Sub. for House Bill
2601, Relating to municipal
policemen?s or municipal firemen?s pension and relief funds.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
On pages three and four, section
The following amendment to the bill, from the Committee on Finance, was
next reported by the Clerk and adopted:
On page
The bill
Eng. Com. Sub. for House Bill
2708, Relating to a lawful
method for a developmentally disabled person to purchase a base hunting
license.
On second reading, coming up in regular order, was read a second time.
At the request of Senator
Eng. Com. Sub. for House Bill
2720, Allowing the School
Building Authority to transfer
funds allocated into the School Construction Fund.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out the enacting section and inserting in lieu thereof a new
enacting section, to read as follows:
That ?18-9D-3 and ?18-9D-8 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:.
The bill
Eng. Com. Sub. for House Bill
2724, Relating to creating
a pilot program under the Herbert Henderson Office of Minority Affairs.
On second reading, coming up in regular order, was read a second time
and ordered to third reading.
Eng. Com. Sub. for House Bill
2759, Creating Statewide
Interoperable Radio Network.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on
On pages
?5A-3-3a. Additional
exemptions from purchasing requirements.
The provisions of subdivision nine, section three, article three,
chapter five-a do not apply to construction or repair contracts entered into by
the state for the emergency construction or repair of the Statewide
Interoperable Radio Network created by article fourteen, chapter fifteen of
this code.;
On page seven, section four, line one, by striking out the word
?Director? and inserting in lieu thereof the word ?director?;
On page eight, section four, line thirty, by striking out the word
?Director? and inserting in lieu thereof the word ?director?;
On page eight, section four, line thirty-two, by striking out the word
?Director? and inserting in lieu thereof the word ?director?;
On page nine, section five, line twenty-six, by striking out the words
?SIRN account? and inserting in lieu thereof the words ?Statewide Interoperable
Radio Network Account?;
On page thirteen, section nine, line eleven, by striking out the word
?account? and inserting in lieu thereof the words ?Statewide Interoperable
Radio Network Account?;
On page thirteen, section nine, line seventeen, by striking out the
words ?SIRN account? and inserting in lieu thereof the words ?Statewide
Interoperable Radio Network Account?;
On page thirteen, section nine, line twenty-one, by striking out the
words ?the thirtieth day of June 2018? and inserting in lieu thereof the words
?on June 30, 2018?;
On page thirteen, section nine, line twenty-three, by striking out the
words ?special revenue account? and inserting in lieu thereof the words
?Statewide Interoperable Radio Network Account?;
On page thirteen, section nine, line twenty-four, by striking out the
words ?special revenue account? and inserting in lieu thereof the words
?Statewide Interoperable Radio Network Account?;
On page fourteen, section nine, line twenty-seven, by striking out the
words ?SIRN account? and inserting in lieu thereof the words ?Statewide
Interoperable Radio Network Account?.
And,
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 section, designated ?5A-3-3a; that ?5A-6-8 of
said code be amended and reenacted; that ?5A-10-6 of said code be amended and reenacted; and that said code be amended
by adding thereto a new article, designated ?15-14-1, ?15-14-2, ?15-14-3,
?15-14-4, ?15-14-5, ?15-14-6, ?15-14-7, ?15-14-8, ?15-14-9 and ?15-14-10, all
to read as follows:.
The bill (Eng. Com. Sub. for H. B. 2759), as amended, was then ordered
to third reading.
On motion of Senator Ferns, the constitutional rule requiring a bill to
be read on three separate days was suspended by a vote of four fifths of the
members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?33.
The nays were: None.
Absent: Ojeda?1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. 2759) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Ojeda?1.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 2759)
passed.
The following amendment to the title of the bill, from the Committee on Finance,
was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill
2759?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section designated ?5A-3-3a; to amend and reenact ?5A-6-8 of said code; to amend and reenact ?5A-10-6 of said code; and to amend said code
by adding thereto a new article, designed ?15-14-1, ?15-14-2, ?15-14-3,
?15-14-4, ?15-14-5, ?15-14-6, ?15-14-7, ?15-14-8, ?15-14-9 and ?15-14-10, all
relating to creating Statewide Interoperable Radio Network; establishing short
title; defining terms; establishing objectives and purpose; creating position
of Statewide Interoperable Coordinator; prescribing duties for Statewide Interoperability
Coordinator; creating Statewide Interoperability Executive Committee;
prescribing duties for Statewide Interoperability Executive Committee; creating
the Regional Interoperability Committee; prescribing duties for Regional
Interoperability Committee; providing for transfer of assets and staffing of
Statewide Interoperable Radio Network from the Department of Health and Human
Resources to the West Virginia Department of Homeland Security and Emergency
Management with a certain exception; establishing special revenue account for
Statewide Interoperable Radio Network designated as the Statewide Interoperable
Radio Network Account; providing
for deposit of revenues derived from the lease of property managed as part of
the West Virginia Statewide Interoperable Radio Network into the Statewide
Interoperable Radio Network Account;
exempting Statewide Interoperable Radio Network from certain Purchasing
Division and Office of Technology requirements; and authorizing emergency and
legislative rulemaking.
Senator Ferns moved that the bill take effect from passage.
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Ojeda?1.
So, two thirds of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng. Com. Sub. for H. B.
2759) takes effect from passage.
Ordered, That The
Clerk communicate to the House of Delegates the action of the Senate and
request concurrence therein.
Eng. Com. Sub. for House Bill
2801, Expiring funds to the
unappropriated balance in the State Fund from the Department of Revenue, Office
of the Secretary ? Revenue Shortfall Reserve Fund.
On
At the request of Senator
Eng. Com. Sub. for House Bill
2804, Removing
chiropractors from the list of medical professions required to obtain
continuing education on mental health conditions common to veterans and family
members.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on
On page
On page one, section seven-a, line fifteen, after the word ?licensed? by
inserting the words ?or certified as an osteopathic?;
And,
On page one, section seven-a, line fifteen, after the word ?as? by
striking out the word ?a?.
The bill
Eng. Com. Sub. for House Bill
2850, Relating to product
liability actions.
On second reading, coming up in regular order, was read a second time
and ordered to third reading.
Eng. Com. Sub. for House Bill
2857, West Virginia Safer
Workplaces Act.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Romano, the following amendments to the bill were
reported by the Clerk and considered simultaneously:
On page
(2) Any observer of the
collection of urine samples shall be of the same sex as the employee.
And,
By renumbering the remaining subdivisions.
Following discussion,
The question being on the adoption of
Senator Romano's amendments to the bill, and on this question,
Senator Trump demanded the yeas and nays.
The roll being taken, the yeas were: Azinger,
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Ojeda?1.
So, a majority of those present and
voting having voted in the affirmative, the President declared Senator Romano's
amendments to the bill adopted.
The bill
Eng. Com. Sub. for House Bill
2916, Authorizing certain
first responders to carry firearms.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out everything after the enacting section and inserting in
lieu thereof the following:
CHAPTER
6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE
3. DEPUTY OFFICERS AND CONSERVATORS
OF THE PEACE.
?6-3-1a. Deputy sheriff?s
reserve; purpose; appointment and qualifications of members; duties; attire;
training; oath; bond; not employee of sheriff or county commission for certain
purposes; limitation on liability.
(a) The sheriff of any county may, for the purposes hereinafter
set forth, designate and appoint a deputy sheriffs? reserve, hereinafter
referred to as ?reserve? or ?reserves.? A reserve may not be
designated or created without the prior approval of the county commission for
the establishment of the reserve.
(b) Each sheriff may appoint as members of the reserve bona fide
citizens of the county who are of good moral character and who have not been
convicted of a felony or other crime involving moral turpitude. Any person so appointed shall serve at the will and pleasure of the
sheriff and is not subject to the provisions of article fourteen, chapter seven
of this code. A member of the reserve may not engage in any
political activity or campaign involving the office of sheriff or from which
activity or campaign the sheriff or candidates therefor appointing the member
would directly benefit.
(c) Members of the reserves shall not serve as law-enforcement
officers, nor carry firearms, but may carry other weapons, provided that the
sheriff certifies in writing to the county commission that the reserve has met
the special training requirements for the weapon as established by the Governor?s
Committee on Crime, Delinquency and Corrections. The Governor?s Committee on
Crime, Delinquency and Corrections is authorized to promulgate legislative
rules and emergency rules pursuant to the provisions of article three, chapter twenty-nine-a
of this code to establish appropriate training standards. The reserves may be
provided with radio communication equipment for the purpose of maintaining
contact with the sheriff?s department or other law-enforcement agencies. The
duties of the reserves shall be limited to crowd control or traffic control and
direction within the county. In addition, the reserves may perform such other
duties of a nonlaw-enforcement nature as are designated by the sheriff or by a
deputy sheriff designated and appointed by the sheriff for that purpose: Provided,
That a member of the reserves may not aid or assist any law-enforcement officer
in enforcing the statutes and laws of this state in any labor trouble or
dispute between employer and employee.: Provided, however, That a sheriff may authorize a member of the
reserves to carry a handgun in the course of performing his or her official
duties if the member has previously successfully completed an initial firearm
training course equivalent to that provided to officers attending the entry
level law-enforcement certification course provided at the West Virginia State
Police Academy, and thereafter, successfully completes
annual firearms qualification course equivalent to that required of certified
law-enforcement officers as established by legislative rule.
(d) Members of the reserves may be uniformed; however, if so
uniformed, the uniforms shall clearly differentiate these members from other
law-enforcement deputy sheriffs.
(e) After appointment to the
reserves but prior to service each member of the reserves shall receive
appropriate training and instruction in their functions and authority as well
as the limitations of authority. In addition, each member of the reserves shall
annually receive in-service training.
(f) Each member of the reserve shall take the same oath as
prescribed by section five, article IV of the Constitution of the State of West
Virginia, but the taking of the oath does not serve to make the member a public
officer.
(g) The county commission of each county shall provide for the
bonding and liability insurance of each member of the reserve.
(h) A member of the reserve is
not an employee of either the sheriff or of the county commission for any
purpose or purposes, including, but not limited to, the purposes of workers?
compensation, civil service, unemployment compensation, public employees
retirement, public employees insurance or for any other purpose. A member of the reserves may not receive any compensation or pay
for any services performed as a member nor may a member use the designated
uniform for any other similar work performed.
(i) Neither the county commission nor the sheriff is liable for
any of the acts of any member of the reserves except in the case of gross
negligence on the part of the county commission or sheriff in the appointment
of the member or in the case of gross negligence on the part of either the
sheriff or any of his or her deputies in directing any action on the part of
the member.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 15. EMERGENCY AMBULANCE SERVICE ACT OF 1975.
?7-15-19.
Ambulance
crew?s authority to carry firearm.
Notwithstanding
any provision of this code to the contrary, an authority may authorize an
emergency medical service member to carry a handgun in the course of performing
his or her official duties if the member has first successfully completed an
initial firearms training course equivalent to that provided to officers
attending the entry level law-enforcement certification course provided at the
West Virginia State Police Academy, and thereafter,
successfully completes an annual firearms qualification course equivalent to
that required of certified law-enforcement officers as established by
legislative rule.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
?8-15-28.
Firefighters? and rescue squad members? authority to carry firearm.
Notwithstanding
any provision of this code to the contrary, a department may authorize a
firefighter or rescue squad member to carry a handgun in the course of
performing his or her official duties if the member has first successfully
completed an initial firearms training course equivalent to that provided to
officers attending the entry level law-enforcement certification course
provided at the West Virginia State Police Academy,
and thereafter, successfully completes an annual firearms qualification course
equivalent to that required of certified law-enforcement officers as established
by legislative rule.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
?16-4C-24.
Emergency medical service personnel?s authority to carry firearm.
Notwithstanding
any provision of this code to the contrary, an emergency medical service agency
may authorize emergency medical service personnel to carry a handgun in the
course of performing his or her official duties if the member has first
successfully completed an initial firearms training course equivalent to that
provided to officers attending the entry level law-enforcement certification
course provided at the West Virginia State Police Academy,
and thereafter, successfully completes an annual firearms qualification course
equivalent to that required of certified law-enforcement officers as
established by legislative rule.
On
motion of Senator Azinger, the following amendment to the
Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. 2916) was
reported by the Clerk and adopted:
On page one, after the enacting section, by inserting a new section,
designated section six, to read as follows:
CHAPTER
5. GENERAL POWERS AND AUTHORITY
OF THE GOVERNOR.
ARTICLE 3. ATTORNEY GENERAL.
?5-3-6. Authorizing Attorney
General?s investigators to carry firearms; requirements.
Notwithstanding
any provision of this code to the contrary, the Attorney
General may authorize investigators employed by the Office of the Attorney
General to carry a handgun in the course of performing his or her official
duties if the investigator has first successfully completed an initial firearms
training course equivalent to that provided to officers attending the entry
level law-enforcement certification course provided at the West Virginia State
Police Academy, and thereafter, successfully completes an annual
firearms qualification course equivalent to that required of certified
law-enforcement officers as established by legislative rule.;
And,
By striking out the enacting section and inserting in lieu thereof a new
enacting section, to read as follows:
That ?6-3-1a of the
Code of West Virginia, 1931, as amended, be amended and reenacted; and that
said code be amended by adding thereto four new sections, designated ?5‑3-6,
?7-15-19, ?8-15-28 and ?16-4C-24, all to read as follows:.
The question now being
on the adoption of the Judiciary committee amendment to the bill, as amended,
the same was put and prevailed.
The bill
Eng. House Bill 3018, Adding definition of correctional employee to
the list of persons against whom an assault is a felony.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out everything after the enacting section and inserting in
lieu thereof the following:
ARTICLE 2. CRIMES AGAINST THE PERSON.
?61-2-10b.
Malicious assault; unlawful assault; battery; and assault on governmental
representatives, health care providers, utility workers, law-enforcement
officers, correctional employees and emergency medical service
personnel; definitions; penalties.
(a)
For purposes of this section:
(1)
?Government representative? means any officer or employee of the state or a
political subdivision thereof, or a person under contract with a state agency
or political subdivision thereof.
(2)
?Health care worker? means any nurse, nurse practitioner, physician, physician
assistant or technician practicing at, and all persons employed by or under
contract to a hospital, county or district health department, long-term care
facility, physician?s office, clinic or outpatient treatment facility.
(3)
?Emergency service personnel? means any paid or volunteer firefighter,
emergency medical technician, paramedic, or other emergency services personnel
employed by or under contract with an emergency medical service provider or a
state agency or political subdivision thereof.
(4)
?Utility worker? means any individual employed by a public utility or electric
cooperative or under contract to a public utility, electric cooperative or
interstate pipeline.
(5)
?Law-enforcement officer? has the same definition as this term is defined in W.Va.
Code ?30-29-1, except for purposes of this section, ?law-enforcement officer?
shall additionally include those individuals defined as ?chief executive? in
W.Va. Code ?30-29-1.
(6)
?Correctional employee? means any individual employed by the West Virginia
Division of Corrections, the West Virginia Regional Jail Authority,
and the West Virginia Division of Juvenile Services and an employee of one
entity providing services to incarcerated, detained or housed persons pursuant
to a contract with such agencies.
(b)
Malicious assault. ? Any person who maliciously shoots,
stabs, cuts or wounds or by any means causes bodily injury with intent to maim,
disfigure, disable or kill a government representative, health care worker,
utility worker, emergency service personnel, correctional employee or
law-enforcement officer acting in his or her official capacity, and the person
committing the malicious assault knows or has reason to know that the victim is
acting in his or her official capacity is guilty of a felony and, upon
conviction thereof, shall be confined in a correctional facility for not less
than three nor more than fifteen years.
(c)
Unlawful assault. ? Any person who unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes a government
representative, health care worker, utility worker, emergency service
personnel, correctional employee or law-enforcement officer acting in
his or her official capacity bodily injury with intent to maim, disfigure,
disable or kill him or her and the person committing the unlawful assault knows
or has reason to know that the victim is acting in his or her official capacity
is guilty of a felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than two nor more than five years.
(d)
Battery. ? Any person who unlawfully, knowingly and intentionally makes
physical contact of an insulting or provoking nature with a government
representative, health care worker, utility worker, emergency service
personnel, correctional employee or law-enforcement officer acting in
his or her official capacity and the person committing the battery knows or has
reason to know that the victim is acting in his or her official capacity, or
unlawfully and intentionally causes physical harm to that person acting in such
capacity and the person committing the battery knows or has reason to know that
the victim is acting in his or her official capacity, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than $500 or
confined in jail not less than one month nor more than twelve months or both
fined and confined. If any person commits a second such offense, he or she is
guilty of a felony and, upon conviction thereof, shall be fined not more than
$1,000 or imprisoned in a state correctional facility not less than one year
nor more than three years, or both fined and imprisoned. Any
person who commits a third violation of this subsection is guilty of a felony
and, upon conviction thereof, shall be fined not more than $2,000 or imprisoned
in a state correctional facility not less than two years nor more than five
years, or both fined and imprisoned.
(e) Assault.
? Any person who unlawfully attempts to
commit a violent injury to the person of a government representative, health
care worker, utility worker, emergency service personnel, correctional
employee or law-enforcement officer, acting in his or her official capacity
and the person committing the battery knows or has reason to know that the
victim is acting in his or her official capacity, or unlawfully commits an act
which places that person acting in his or her official capacity in reasonable
apprehension of immediately receiving a violent injury and the person
committing the battery knows or has reason to know that the victim is acting in
his or her official capacity, is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail for not less than twenty-four hours nor more
than six months, fined not more than $200, or both fined and confined.
On motion of Senator Romano, the following amendment to the Judiciary
committee amendment to the bill (Eng. H. B. 3018) was reported by the Clerk:
On page
(f) Any person convicted
of any crime set forth in this section who is incarcerated in a facility
operated by the West Virginia Division of Corrections or the West Virginia
Regional Jail Authority, or is
in the custody of the Division of Juvenile Services and is at least eighteen
years of age or subject to prosecution as an adult, at the time of committing
the offense and whose victim is a correctional employee may not be sentenced in
a manner by which the sentence would run concurrent with any other sentence
being served at the time the offense giving rise to the conviction of a crime
set forth in this section was committed.
Following discussion,
The question being on the adoption of Senator Romano?s amendment to the
Judiciary committee amendment to the bill, the same was put and prevailed.
The question now being on the adoption of the Judiciary committee
amendment, as amended, the same was put and prevailed.
The bill
Eng. Com. Sub. for House Bill
3020, Relating to criminal
penalties for the offenses of hunting, trapping or fishing on the lands of
another person.
On second reading, coming up in regular order, was read a second time.
At the request of Senator
Eng. Com. Sub. for House Bill
3030, Relating to appeals
as a matter of right in the West Virginia Supreme Court of Appeals.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out everything after the enacting clause and inserting in
lieu thereof the following:
That ?17C-5A-2 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; and that ?58-5-1 of said code be amended and reenacted,
all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE
5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER
THE INFLUENCE OF ALCOHOL,
CONTROLLED SUBSTANCES OR
DRUGS.
?17C‑5A‑2. Hearing; revocation; review.
(a) Written objections to an order of revocation or suspension under the provisions of section one of this article or section seven, article five of this chapter shall be filed with the Office of Administrative Hearings. Upon the receipt of an objection, the Office of Administrative Hearings shall notify the Commissioner of the Division of Motor Vehicles, who shall stay the imposition of the period of revocation or suspension and afford the person an opportunity to be heard by the Office of Administrative Hearings. The written objection must be filed with Office of Administrative Hearings in person, by registered or certified mail, return receipt requested, or by facsimile transmission or electronic mail within thirty calendar days after receipt of a copy of the order of revocation or suspension or no hearing will be granted: Provided, That a successful transmittal sheet shall be necessary for proof of written objection in the case of filing by fax. The hearing shall be before a hearing examiner employed by the Office of Administrative Hearings who shall rule on evidentiary issues. The West Virginia Rules of Evidence shall apply to all proceedings before the hearing examiner. Upon consideration of the designated record, the hearing examiner shall, based on the determination of the facts of the case and applicable law, render a decision affirming, reversing or modifying the action protested. The decision shall contain findings of fact and conclusions of law and shall be provided to all parties by registered or certified mail, return receipt requested, or with a party?s written consent, by facsimile or electronic mail.
(b) The hearing shall be held at an office of the Division of Motor Vehicles suitable for hearing purposes located in or near the county in which the arrest was made in this state or at some other suitable place in the county in which the arrest was made if an office of the division is not available. At the discretion of the Office of Administrative Hearings, the hearing may also be held at an office of the Office of Administrative Hearings located in or near the county in which the arrest was made in this state. The Office of Administrative Hearings shall send a notice of hearing to the person whose driving privileges are at issue and the person?s legal counsel if the person is represented by legal counsel, by regular mail, or with the written consent of the person whose driving privileges are at issue or their legal counsel, by facsimile or electronic mail. The Office of Administrative Hearings shall also send a notice of hearing by regular mail, facsimile or electronic mail to the Division of Motor Vehicles, and the Attorney General?s Office, if the Attorney General has filed a notice of appearance of counsel on behalf of the Division of Motor Vehicles.
(c) (1) Any hearing shall be held within one hundred eighty days after the date upon which the Office of Administrative Hearings received the timely written objection unless there is a postponement or continuance.
(2) The Office of Administrative Hearings may postpone or continue any hearing on its own motion or upon application by the party whose license is at issue in that hearing or by the commissioner for good cause shown.
(3) The Office of Administrative Hearings may issue subpoenas commanding the appearance of witnesses and subpoenas duces tecum commanding the submission of documents, items or other things. Subpoenas duces tecum shall be returnable on the date of the next scheduled hearing unless otherwise specified. The Office of Administrative hearings shall issue subpoenas and subpoenas duces tecum at the request of a party or the party?s legal representative. The party requesting the subpoena shall be responsible for service of the subpoena upon the appropriate individual. Every subpoena or subpoena duces tecum shall be served at least five days before the return date thereof, either by personal service made by a person over eighteen years of age or by registered or certified mail, return receipt requested, and received by the party responsible for serving the subpoena or subpoena duces tecum: Provided, That the Division of Motor Vehicles may serve subpoenas to law‑enforcement officers through electronic mail to the department of his or her employer. If a person does not obey the subpoena or fails to appear, the party who issued the subpoena to the person may petition the circuit court wherein the action lies for enforcement of the subpoena.
(d) Law‑enforcement officers shall be compensated for the time expended in their travel and appearance before the Office of Administrative Hearings by the law‑enforcement agency by whom they are employed at their regular rate if they are scheduled to be on duty during said time or at their regular overtime rate if they are scheduled to be off duty during said time.
(e) The principal question at the hearing shall be whether the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person?s blood of eight hundredths of one percent or more, by weight, or did refuse to submit to the designated secondary chemical test, or did drive a motor vehicle while under the age of twenty‑one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight.
(f) In the case of a hearing in which a person is accused of driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, or accused of driving a motor vehicle while having an alcohol concentration in the person?s blood of eight hundredths of one percent or more, by weight, or accused of driving a motor vehicle while under the age of twenty‑one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings shall make specific findings as to: (1) Whether the investigating law‑enforcement officer had reasonable grounds to believe the person to have been driving while under the influence of alcohol, controlled substances or drugs, or while having an alcohol concentration in the person?s blood of eight hundredths of one percent or more, by weight, or to have been driving a motor vehicle while under the age of twenty‑one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) whether the person committed an offense involving driving under the influence of alcohol, controlled substances or drugs; and (4) whether the tests, if any, were administered in accordance with the provisions of this article and article five of this chapter.
(g) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person?s blood of eight hundredths of one percent or more, by weight, or did drive a motor vehicle while under the age of twenty‑one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person and was committed in reckless disregard of the safety of others and if the Office of Administrative Hearings further finds that the influence of alcohol, controlled substances or drugs or the alcohol concentration in the blood was a contributing cause to the death, the commissioner shall revoke the person?s license for a period of ten years: Provided, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(h) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person?s blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person, the commissioner shall revoke the person?s license for a period of five years: Provided, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(i) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person?s blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused bodily injury to a person other than himself or herself, the commissioner shall revoke the person?s license for a period of two years: Provided, That if the license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person?s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(j) If the Office of Administrative Hearings finds by a preponderance of the evidence that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person?s blood of eight hundredths of one percent or more, by weight, but less than fifteen hundredths of one percent or more, by weight, or finds that the person knowingly permitted the persons vehicle to be driven by another person who was under the influence of alcohol, controlled substances or drugs, or knowingly permitted the person?s vehicle to be driven by another person who had an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight, the commissioner shall revoke the person?s license for a period of six months or a period of fifteen days with an additional one hundred and twenty days of participation in the Motor Vehicle Alcohol Test and Lock Program in accordance with the provisions of section three‑a of this article: Provided, That any period of participation in the Motor Vehicle Alcohol Test and Lock Program that has been imposed by a court pursuant to section two‑b, article five of this chapter shall be credited against any period of participation imposed by the commissioner: Provided, however, That a person whose license is revoked for driving while under the influence of drugs is not eligible to participate in the Motor Vehicle Alcohol Test and Lock Program: Provided, further, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: And provided further, That if the person?s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(k)(1) If in addition to finding by a preponderance of the evidence that the person did drive a motor vehicle while under the influence of alcohol, controlled substance or drugs, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person did drive a motor vehicle while having an alcohol concentration in the person?s blood of fifteen hundredths of one percent or more, by weight, the commissioner shall revoke the person?s license for a period of forty‑five days with an additional two hundred and seventy days of participation in the Motor Vehicle Alcohol Test and Lock Program in accordance with the provisions of section three‑a, article five‑a, chapter seventeen‑c of this code: Provided, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person?s license has previously been suspended or revoked the person?s license more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(2) If a person whose license is revoked pursuant to subdivision (1) of this subsection proves by clear and convincing evidence that they do not own a motor vehicle upon which the alcohol test and lock device may be installed or is otherwise incapable of participating in the Motor Vehicle Alcohol Test and Lock Program, the period of revocation shall be one hundred eighty days: Provided, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person?s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(l) If, in addition to a finding that the person did drive a motor vehicle while under the age of twenty‑one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person, and if the Office of Administrative Hearings further finds that the alcohol concentration in the blood was a contributing cause to the death, the commissioner shall revoke the person?s license for a period of five years: Provided, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(m) If, in addition to a finding that the person did drive a motor vehicle while under the age of twenty‑one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused bodily injury to a person other than himself or herself, and if the Office of Administrative Hearings further finds that the alcohol concentration in the blood was a contributing cause to the bodily injury, the commissioner shall revoke the person?s license for a period of two years: Provided, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person?s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(n) If the Office of Administrative Hearings finds by a preponderance of the evidence that the person did drive a motor vehicle while under the age of twenty‑one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the commissioner shall suspend the person?s license for a period of sixty days: Provided, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article, the period of revocation shall be for one year, or until the person?s twenty‑first birthday, whichever period is longer.
(o) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person?s blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did have on or within the Motor vehicle another person who has not reached his or her sixteenth birthday, the commissioner shall revoke the person?s license for a period of one year: Provided, That if the person?s license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person?s license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.
(p) For purposes of this section, where reference is made to previous suspensions or revocations under this section, the following types of criminal convictions or administrative suspensions or revocations shall also be regarded as suspensions or revocations under this section or section one of this article:
(1) Any administrative revocation under the provisions of the prior enactment of this section for conduct which occurred within the ten years immediately preceding the date of arrest;
(2) Any suspension or revocation on the basis of a conviction under a municipal ordinance of another state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in section two, article five of this chapter for conduct which occurred within the ten years immediately preceding the date of arrest; or
(3) Any revocation under the provisions of section seven, article five of this chapter for conduct which occurred within the ten years immediately preceding the date of arrest.
(q) In the case of a hearing in which a person is accused of refusing to submit to a designated secondary test, the Office of Administrative Hearings shall make specific findings as to: (1) Whether the arresting law‑enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) whether the person committed an offense relating to driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (4) whether the person refused to submit to the secondary test finally designated in the manner provided in section four, article five of this chapter; and (5) whether the person had been given a written statement advising the person that the person?s license to operate a motor vehicle in this state would be revoked for at least forty‑five days and up to life if the person refused to submit to the test finally designated in the manner provided in said section.
(r) If the Office of Administrative Hearings finds by a preponderance of the evidence that: (1) The investigating officer had reasonable grounds to believe the person had been driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) the person committed an offense relating to driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (4) the person refused to submit to the secondary test finally designated in the manner provided in section four, article five of this chapter; and (5) the person had been given a written statement advising the person that the person?s license to operate a motor vehicle in this state would be revoked for at least forty‑five days and up to life if the person refused to submit to the test finally designated, the commissioner shall revoke the person?s license to operate a motor vehicle in this state for the periods specified in section seven, article five of this chapter. The revocation period prescribed in this subsection shall run concurrently with any other revocation period ordered under this section or section one of this article arising out of the same occurrence. The revocation period prescribed in this subsection shall run concurrently with any other revocation period ordered under this section or section one of this article arising out of the same occurrence.
(s) If the Office of Administrative Hearings finds to the contrary with respect to the above issues, it shall rescind or modify the commissioner?s order and, in the case of modification, the commissioner shall reduce the order of revocation to the appropriate period of revocation under this section or section seven, article five of this chapter. A copy of the Office of Administrative Hearings? final order containing its findings of fact and conclusions of law made and entered following the hearing shall be served upon the person whose license is at issue or upon the person?s legal counsel if the person is represented by legal counsel by registered or certified mail, return receipt requested, or by facsimile or by electronic mail if available. The final order shall be served upon the commissioner by electronic mail. During the pendency of any hearing, the revocation of the person?s license to operate a motor vehicle in this state shall be stayed.
A person whose license is at issue and the commissioner
shall be entitled to judicial review as set forth in chapter twenty‑nine‑a
of this code. Neither the commissioner nor the Office of Administrative
Hearings may stay enforcement of the order. The court may grant a stay or
supersede as of the order only upon motion and hearing, and a finding by the
court upon the evidence presented, that there is a substantial probability that
the appellant shall prevail upon the merits and the appellant will suffer
irreparable harm if the order is not stayed: Provided, That in no event
shall the stay or supersede as of the order exceed one hundred fifty days. The
Office of Administrative Hearings may not be made a party to an appeal.
The party filing the appeal shall pay the Office of Administrative
Hearings for the production and transmission of the certified file copy and the
hearing transcript to the court. Notwithstanding the provisions of section
four, article five of said chapter, the Office of Administrative
Hearings may not be compelled to transmit a certified copy of the file or the
transcript of the hearing to the circuit court in less than sixty days. Circuit
clerk shall provide a copy of the circuit court?s final order on the appeal to
the Office of Administrative Hearings by regular mail, by facsimile, or
by electronic mail if available.
(t) Any person whose license is at issue and the
commissioner shall be entitled to appeal such decision as a matter of right by
requesting such appeal within thirty days after the date upon which he or she
received notice of the final order or written decision of the agency. Such
appeal shall be made to the circuit court in the county which the arrest was
made. Such hearing on appeal before the circuit court shall be a trial de novo.
The Office of Administrative Hearings may not be made a party to an
appeal. During any appeal filed pursuant to this subsection, the order revoking
or suspending the person?s driver?s license shall be stayed.
(t) (u) In any revocation or suspension
pursuant to this section, if the driver whose license is revoked or suspended
had not reached the driver?s eighteenth birthday at the time of the conduct for
which the license is revoked or suspended, the driver?s license shall be
revoked or suspended until the driver?s eighteenth birthday or the applicable
statutory period of revocation or suspension prescribed by this section,
whichever is longer.
(u) (v) Funds for this section?s hearing and
appeal process may be provided from the Drunk Driving Prevention Fund, as
created by section forty‑one, article two, chapter fifteen of this code,
upon application for the funds to the Commission on Drunk Driving Prevention.
CHAPTER 58. APPEAL AND ERROR.
ARTICLE 5. APPELLATE RELIEF IN SUPREME COURT OF APPEALS.
?58-5-1. Appeal as a
matter of right; when appeal lies.
(a) All appeals
shall be afforded a full and meaningful review by the Supreme Court of Appeals, and a written decision on the merits shall be
issued, as a matter of right.
(b) A party to a
civil action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court or from an order
of any circuit court constituting a final judgment as to one or more but fewer
than all claims or parties upon an express determination by the circuit court
that there is no just reason for delay and upon an express direction for the
entry of judgment as to such claims or parties.
(c) The defendant in a criminal action may appeal to the
Supreme Court of Appeals from a final
judgment of any circuit court in which there has been a conviction or which
affirms a conviction obtained in an inferior court.
The bill
Eng. Com. Sub. for House Bill
3064, Allowing vehicles of
a size and weight exceeding certain specifications to operate over specified
routes.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Plymale, the following amendments to the bill were
reported by the Clerk and considered simultaneously:
On page
And,
On page two, section eleven, line thirty-four, by striking out the words
?any highway of this state designated by the commissioner? and inserting in
lieu thereof the words ?the segment of US Route 35 from Buffalo, West Virginia,
to the Ohio state line?.
Following discussion,
The question being on the adoption of
Senator Plymale's amendments to the bill (Eng. Com. Sub. for H. B.
3064), the same was put.
The result of the voice vote being
inconclusive, Senator Plymale demanded a division of the vote.
A standing vote being taken, there were
sixteen "yeas" and seventeen "nays".
Whereupon, Senator Carmichael (Mr.
President) declared Senator Plymale's amendments to the bill rejected.
The bill
Eng. Com. Sub. for House Bill
3093, Establishing
Broadband Enhancement and Expansion Policies.
On second reading, coming up in regular order, was read a second time.
At the request of Senator
Eng. Com. Sub. for House Bill
3102, Relating to selling
Hopemont Hospital.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out everything after the enacting section and inserting in
lieu thereof the following:
ARTICLE 5.
MISCELLANEOUS PROVISIONS.
?9-5-26. Selling of Hopemont Hospital.
(a) The Secretary of the Department of
Health and Human Resources shall divest of the facilities; land; buildings and
improvements; contents; employment, patient and contractual interests; licenses
for staffed beds; and all other assets utilized in the current operation of the
facility excluding any cash, cash equivalents and marketable securities of the
long-term care facility known as the Hopemont Hospital.
(b) The secretary shall ensure that the patients are transferred
to an area facility and shall minimize effects on long-term care facility
residents, including any potential risk that could arise from relocating
current residents and shall provide updates to the Joint
Committee on Government and Finance and to the Legislative Oversight Commission
on Health and Human Resources Accountability, pursuant to state law.
(c) The secretary shall assure that a replacement
facility of 60 beds be constructed on the land currently utilized for Hopemont
Hospital to accommodate the needs of the patient population at Hopemont and be
operated as a geriatric psychiatric nursing home accepting, regardless of age, only
individuals with high acuity needs similar to the
residents of Hopemont Hospital, such as geri-psych, behavioral symptoms,
Alzheimer?s, intellectual and developmental disabilities, and patients with a
criminal history who do not present a danger to staff or other residents.
(d) All licensed beds of
Hopemont Hospital that are not staffed as of the effective date of this section
are deemed to be decertified and delicensed and may not be transferred or
otherwise added to the licensed bed compliment of any health care facility.
(e) This section is not subject to the
purchasing requirements of article three, chapter five-a of this code.
(f) Sales and transfers pursuant to
this section are exempt from certificate of need requirements provided in
article two-d, chapter sixteen of this code.
(g) Sales and transfers under this
section are exempt from Medicaid rules and policies.
(h) The secretary, in consultation with
the Director of the Division of Personnel, shall create a plan and coordinate
with the secretary to create a strategy
to minimize the effects on employees.
(i) The Department of Health and Human
Resources, in consultation with the Division of Personnel, the Consolidated
Public Retirement Board and any other state agency as applicable, shall prepare
a benefit package for employees of Hopemont Hospital who are laid off, employed
by a successor company or retire as a result of the divestment. Such benefits
may include, but are not limited to, investment in retraining, placement on the
Division of Personnel?s reemployment list with preference, the purchase of
actuarially sound years of service based on prior years of service with Hopemont
Hospital or its predecessors or any other benefits otherwise permitted under
state law. The Division of Personnel, the Consolidated Public Retirement Board
and any other necessary state agency shall cooperate and take any such action
as necessary to implement such benefit package. Benefits packages as described
in this subsection may be funded by the Hopemont Long Term Care Facility
Development Fund. As used in this subsection ?successor company? means any
company who purchases any of the assets as described in subsection (a) of this
section: Provided, That no provision
of this subsection may be construed to require any further appropriation by the
Legislature: Provided, however, That
the Department of Health and Human Resources shall enter into a memoranda of
understanding with the Division of Personnel, the Consolidated Public
Retirement Board, and the Public Employees Insurance Agency prior to
implementation of any benefit package with any employee which must state any
cost to any affected retirement system and that this cost is to be paid by the
Department of Health and Human Resources. No benefit package may be granted
unless memoranda of understanding are filed with the Division of Personnel, the
Consolidated Public Retirement Board, and the Public Employees Insurance
Agency, and the agreement of the Department of Health and Human Resources to
pay the same by a date certain, or if there is not cost, the agreement of the
parties to the same. Any benefit package granted without such memoranda of
understanding is unlawful.
(j) The secretary shall prepare a
complete accounting of all assets to the Joint Committee on Government and
Finance.
(k) There is created in the state treasury
a special revenue account to be known as the ?Hopemont
Long Term Care Facility Development Fund?. The fund shall consist of appropriations to effectuate the purposes
of this section and any revenue or sales proceeds derived from activities
provided for in accordance with this section. Expenditures from the fund are
for the purposes set forth in this section and are not authorized from collections
but are to be made only in accordance with appropriation by the Legislature and
in accordance with the provisions of article three, chapter twelve of this
code.
(l) This section shall be construed
broadly as to provide the secretary with the latitude to accomplish the goals
of this section.
Following discussion,
The question being on the adoption of the Health and Human Resources
committee amendment to the bill, the same was put and prevailed.
The bill
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were
each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill
2520, Prohibiting the use
of a tanning device by a person under the age of eighteen.
Eng. Com. Sub. for House Bill
2637, Relating to
employment of retired teachers and prospective employable professional
personnel in areas of critical need and shortage.
Eng. Com. Sub. for House Bill
2651, Relating generally to
standardized testing requirements for nonpublic schools.
Eng. House Bill 2745, Adding the examination of Advanced Care
Technician.
Eng. Com. Sub. for House Bill
2799, Prohibiting the
superintendent of schools from requiring a physical examination to be included
to the application for a minor?s work permit.
Eng. Com. Sub. for House Bill
2846, Including high school
students participating in a competency based pharmacy technician education and
training program as persons qualifying to be a pharmacy technician trainee.
Eng. Com. Sub. for House Bill
3061, Encouraging
mastery-based education through the Innovation In Schools program.
And,
Eng. Com. Sub. for House Bill
3095, Allowing retired
teachers to be employed by a higher education institution.
At the request of Senator Ferns, and by unanimous consent, the Senate
returned to the sixth order of business, which agenda includes the making of
main motions.
Senator Ferns moved that the Senate reconsider the vote by which on
yesterday, Wednesday, April 5, 2017, it passed
Eng. Senate Bill 28, Creating new system for certain contiguous
counties to establish regional recreation authorities.
The bill now being in the possession of the Senate,
The question being on the adoption of Senator Ferns? aforestated motion,
the same was put and prevailed.
The vote thereon having been reconsidered,
On motion of Senator Ferns, the Senate reconsidered the vote by which it
adopted Senator Ferns? motion that Senate concur in the House of Delegates
amendment to the bill (shown in the
Senate Journal of yesterday, Wednesday, April 5, 2017, page 1).
Thereafter, at the request of Senator Ferns, and by unanimous consent,
his foregoing motion was withdrawn.
On motion of Senator Maynard, the following amendment to the House of
Delegates amendment to the bill (Eng. S. B. 28) was reported by the Clerk and
adopted:
By striking out the title and substituting therefor a new title, to read
as follows:
Eng. Senate Bill 28?A Bill to amend and reenact ?20-7-1 of the
Code of West Virginia, 1931, as amended; to amend said code by adding thereto a
new article, designated ?20-14A-1, ?20-14A-2, ?20-14A-3, ?20-14A-4, ?20-14A-5,
?20-14A-6, ?20-14A-7, ?20-14A-8, ?20-14A-9, ?20-14A-10 and ?20-14A-11; and to
amend and reenact ?20-15-1, ?20-15-2, ?20-15-3, ?20-15-4 and ?20‑15-5 of
said code, all relating to establishing regional recreation authorities and
areas; establishing trails for off-highway recreational vehicle use; providing
for reimbursement by authority for natural resources police officers;
authorizing creation of regional recreation authority as joint development
entity formed by two or more contiguous counties; setting forth findings and
definitions; establishing powers and composition of governing board; providing
for financial review and oversight of public funds; prohibiting certain conduct
in regional recreation area; establishing requirements for bidding and
purchasing; prohibiting conflicts of interest; limiting liability; clarifying
duties and responsibilities of participants to landowners and lessors in the
regional recreation area; and establishing criminal penalties and civil
remedies.
On motion of Senator Ferns, the Senate concurred in the House of
Delegates amendment, as amended.
Engrossed Senate Bill 28, as amended, was then put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Blair, Boley, Boso,
Clements, Facemire, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard,
Miller, Palumbo, Plymale, Prezioso, Rucker, Smith, Swope, Sypolt, Trump, Unger,
Weld, Woelfel and Carmichael (Mr. President)?26.
The nays were: Beach, Cline, Jeffries, Mullins, Ojeda, Romano, Stollings
and Takubo?8.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng. S. B. 28) passed with
its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
Senator Ferns moved that the Senate reconsider the vote by which on
yesterday, Wednesday, April 5, 2017, it passed
Eng. Com. Sub. for House Bill 2683, Relating to West Virginia Insurance
Guaranty Association Act.
The bill now being in the possession of the Senate,
The question being on the adoption of Senator Ferns? aforestated motion,
the same was put and prevailed.
The vote thereon having been reconsidered,
The question again being ? Shall Engrossed Committee Substitute for
House Bill 2683 pass??
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley,
Boso, Clements, Cline, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney,
Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?32.
The nays were: Facemire and Romano?2.
Absent: None.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
On motion of Senator
Eng. Com. Sub. for House Bill
2683?A Bill to
amend and reenact ?33-26-2, ?33-26-3, ?33-26-4, ?33-26-5, ?33-26-8, ?33-26-9,
?33-26-10, ?33-26-11, ?33-26-12, ?33-26-13, ?33-26-14 and ?33-26-18 of the Code
of West Virginia, 1931, as amended, all relating to West Virginia Insurance
Guaranty Association Act; modifying the purpose, scope and construction of act;
adding and amending definitions; clarifying and adding powers, duties and
rights of association; limiting amount payable for covered claims for
deliberate intention, including workers? compensation claims; limiting amount
for covered claim for return of unearned premium; limiting amount association
must pay for the obligation of the insolvent insurer; setting time limits for
filing claims; specifying when obligation of insurer to defend an insured
ceases; subject to limitations, giving association rights, duties and
obligations of the insolvent insurer; allowing association to determine order
of claims payment; prohibiting payment of dividends during period of deferment;
hiring of legal counsel for the defense of covered claims; notification of
claimants; setting forth the association?s right to review aid contest
settlements, releases, compromises, waivers and judgments; specifying when
association is not bound by a settlement, release, compromise or waiver;
requiring association to establish procedures for requesting financial
information from insurers and claimants; setting forth actions association may take
where insured or claimant refuses to provide requested financial information;
allowing association to intervene as a party as a matter of right before any
court; requiring rules of association be subject to legislative approval;
requiring notice of claims be filed with the association; setting forth the
persons from whom the association may recover all amounts paid by the
association on behalf of that person; requiring association and associations in
other states be recognized as claimants in the liquidation of an insolvent
insurer; requiring person having a claim to exhaust all coverage under the
policy; setting forth what constitutes a claim relating to exhaustion of
coverage; requiring association be reimbursed for any deductible claim if paid;
requiring board of directors to make recommendations to commissioner regarding
solvency; allowing board of directors to compile reports on insolvencies; and
providing that reports and recommendations of board are not subject to
disclosure under the Freedom of Information Act.
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate
Without objection, the Senate returned to the third order of business.
Executive
Communications
The Clerk then presented
The Senate proceeded to the fourth order of
business.
??????????? Senator Maynard, from 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 6th 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 S. B. 5), Disqualifying CDL for DUI conviction in certain cases.
??????????? (Com.
Sub. for S. B. 36), Permitting school nurses to possess and administer
opioid antagonists.
??????????? (S.
B. 41), Extending time person may be subject to probation.
??????????? (S.
B. 164), Relating to traffic regulations and special load limits.
(Com. Sub. for S. B. 206), Expanding definition of ?kidnapping? to include
taking or gaining custody of, confining or concealing person by force.
??????????? (Com.
Sub. for S. B. 214), Adopting Uniform Electronic Legal Material Act.
??????????? (Com.
Sub. for S. B. 225) Allowing magistrates to conduct proceeding for
temporary emergency protective order dealing with temporary custody by family
court.
??????????? (Com.
Sub. for S. B. 233), Excluding from protection oral communications uttered
in child care center under Wiretapping and Electronic Surveillance Act.
??????????? (Com.
Sub. for S. B. 247), Authorizing prosecuting attorney designate and deliver
grand jury records for investigative purposes.
??????????? (Com.
Sub. for S. B. 248), Clarifying composition and chairmanship of Commission
on Special Investigations.
(Com. Sub. for S. B. 261), Relating to increasing salary or wages of
judgment debtor.
??????????? (Com.
Sub. for S. B. 347), Relating to modernization of Physician Assistant
Practice Act.
(Com. Sub. for S. B. 442), Relating generally to crimes against
persons.
??????????? (Com.
Sub. for S. B. 445), Amending definition of ?abused child?.
(Com. Sub. for S. B. 455), Relating generally to commitment of persons
to custody of Commissioner of Corrections.
??????????? (Com.
Sub. for S. B. 456), Relating to standards for termination of parental
rights in child abuse and neglect cases.
(Com. Sub. for S. B. 473), Permitting collection and sale of naturally
shed deer antlers.
??????????? (Com.
Sub. for S. B. 497), Relating to liability for health care providers who
provide services at school athletic events.
(Com. Sub. for S. B. 531), Relating to renewal date for apiary certificates
of registration.
??????????? (Com.
Sub. for S. B. 634), Relating generally to certain agreements between DHHR
and state?s medical schools.
??????????? And,
??????????? (S.
B. 684), Relating generally to WV State Police.
??????????????????????????????????????????????????????????????????????? Respectfully
submitted,
??????????????????????????????????????????????????????????????????????? ? Mark R. Maynard,
??????????????????????? ??????????????????????????????????????????????? ?? ?Chair,
Senate Committee.
??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,
??????????????????????????????????????????????????????????????????????? ??? Chair,
House Committee.
Senator
Your Committee on
Eng. Com. Sub. for House Bill
2109, Relating to the West
Virginia Land Reuse Agency Authorization Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as
amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng. Com. Sub. for House Bill
2196, Relating to the
secondary schools athletic commission.
And has amended same.
And reports the same back with the recommendation that it do pass, as
amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng. Com. Sub. for House Bill
2694, Relating to the
development and implementation of a program to facilitate commercial
sponsorship of rest areas.
Now on second reading, having been read a first time and referred to the
Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng. Com. Sub. for House Bill
2851, Updating fee
structure provisions for broker-dealers.
And has amended same.
And reports the same back with the recommendation that it do pass, as
amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng. Com. Sub. for House Bill
2935, Relating to state
flood protection planning.
And has amended same.
And reports the same back with the recommendation that it do pass, as
amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng. Com. Sub. for House Bill
2936, Requiring purchases
to be made at lowest retail price available at level of quality sought by the
spending unit.
And has amended same.
And reports the same back with the recommendation that it do pass, as
amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng. Com. Sub. for House Bill
3096, Relating to operation
and regulation of certain water and sewer utilities owned or operated by
political subdivisions of the state.
And has amended same.
And reports the same back with the recommendation that it do pass, as
amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Eng. House Bill 3103, Making a supplementary appropriation to the
Department of Health and Human Resources.
And has amended same.
And reports the same back with the recommendation that it do pass, as
amended.
Respectfully submitted,
?
??? Chair.
At the request of Senator
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator
____________