WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-THIRD LEGISLATURE
REGULAR SESSION, 2017
____________
Charleston, West Virginia,
Saturday, April 8, 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
Friday, April 7, 2017,
At the request of Senator
The Senate proceeded to the second order of
business and the introduction of guests.
??????????? The Clerk presented the following communications from various state agencies as required by the provisions of law:
??????????? Development Office
??????????????????????? Neighborhood Investment Program (?11-13J-4a)
??????????? Motor Vehicles, Division of
??????????????????????? Motor
Vehicle Test and Lock Program (?17C-5A-3a)
??????????????????????? Motorcycle Safety
Awareness Program (?17B-1D-8)
On motion of Senator Ferns, the special
order of business set for this position on the calendar (consideration of executive nominations) was postponed and made a
special order of business at 6 p.m. today.
The Senate proceeded to the
A message
from The Clerk of the House of Delegates announced that that body had refused
to recede from its
Eng. Senate Bill 172,
Eliminating salary for Water Development Authority board members.
The message
further announced the appointment of the following conferees on the part of the
House of Delegates:
Delegates
On motion of Senator
Whereupon, Senator Carmichael (Mr.
President) appointed the following conferees on the part of the Senate:
Senators
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced that that body had refused
to recede from its
Eng. Com. Sub. for Senate Bill 204, Requiring
persons appointed to fill vacancy by Governor have same qualifications for
vacated office and receive same compensation and expenses.
The message
further announced the appointment of the following conferees on the part of the
House of Delegates:
Delegates
On motion of
Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced that that body had refused
to recede from its
Eng. Com. Sub. for Senate Bill 224, Repealing
requirement for employer?s bond for wages and benefits.
The message
further announced the appointment of the following conferees on the part of the
House of Delegates:
Delegates
On motion of
Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced that that body had refused
to recede from its
Eng. Senate Bill 554, Relating
to false swearing in legislative proceeding.
The message
further announced the appointment of the following conferees on the part of the
House of Delegates:
Delegates
On motion of
Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced that that body had refused
to concur in the Senate
Eng. Com. Sub. for House Bill 2329,
Prohibiting the production, manufacture or possession of fentanyl.
On motion of
Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
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 that that body had refused
to concur in the Senate
Eng. Com. Sub. for House Bill 2579, Increasing
the penalties for transporting controlled substances.
On motion of
Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
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 that that body had refused
to concur in the Senate
Eng. Com. Sub. for House Bill 2585, Creating
felony crime of conducting financial transactions involving proceeds of
criminal activity.
On motion of
Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
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 amendment by that body,
passage as amended with its House of Delegates amended title, to take effect
Eng. Com. Sub. for Senate Bill 116,
Authorizing MAPS promulgate legislative rules .
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting clause and inserting in lieu thereof the
following:
That
?64-6-1, ?64-6-2 and ?64-6-3 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, all to read as follows:
ARTICLE 6.
AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO
PROMULGATE LEGISLATIVE RULES.
?64-6-1.
Governor?s Committee on Crime, Delinquency and Correction.
The
legislative rule filed in the State Register on August 26, 2016, authorized
under the authority of section three, article twenty-nine, chapter thirty of
this code, modified by the Governor?s Committee on Crime, Delinquency and
Correction to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on December 20, 2016, relating to
the Governor?s Committee on Crime, Delinquency and Correction (law-enforcement
training and certification standards, 149 CSR 02), is authorized with the
following amendments:
On page 10,
subdivision 8.2.a., by striking out each of the two uses of the underlined word
?must? and inserting in lieu thereof the word ?shall?;
On page 16,
subdivision 14.1.b., after the underlined word ?certification? by inserting the
word ?holder?;
And,
On page 16,
subdivision 14.1.b, after the underlined word ?against? by striking the word ?it?
and inserting in lieu thereof the words ?him or her?.
?64-6-2.
State Fire Marshal.
The
legislative rule filed in the State Register on August 26, 2016, authorized
under the authority of section eight, article three-e, chapter twenty-nine of
this code, modified by the State Fire Marshal to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
December 21, 2016, relating to the State Fire Marshal (regulation of fireworks
and related explosive materials, 103 CSR 04), is authorized with the following
amendments:
On page 5,
subsection 3.44, after the word ?issued? by deleting the word ?a?;
On page 6,
paragraph 5.1.b.6, by striking out the following ?Require Manager(s) of any
CFRS to complete and pass a limited online safety training approved by the
State Fire Commission. At least one (1) certificate shall be submitted? and
inserting in lieu thereof the words ?Submit at least one (1) certificate?;
On page 7,
subdivision 5.1.o, by striking the words ?this article? and inserting in lieu
thereof the word ?the law or this rule?;
On page 9,
subdivision 5.4.a, after the words ?jurisdiction over? by inserting the word ?the?;
On page 11,
subdivision 8.2.f, by striking out the words ?Applicants shall be required to
provide? and inserting in lieu thereof the word ?Provide?;
On page 12,
paragraph 8.3.a.2, by striking out the words ?Pay the required? and inserting
in lieu thereof the word ?A?;
On page 12,
subsection 9.1, after the words ?engaged in?, by inserting the word ?the?;
On page 14,
paragraph 10.1.a.3, after the words ?certificate and? by inserting the word ?meets?;
On page 15,
subdivision 11.4.c, by adding the word ?or? after the semicolon;
On page 15,
subdivision 11.7.a, after the word ?alcohol? by striking the period and adding
a semicolon;
On page 15,
subdivision 11.7.b, after the word ?substance? by striking the period and
adding a semicolon;
On page 15,
subdivision 11.7.c, after the word ?drug? by striking the period and adding a
semicolon;
On page 15,
subdivision 11.7.d, after the word ?drug? by striking the period and adding a
semicolon and the word ?or?;
And,
On page 15,
subdivision 11.6.f, by striking out the subdivision number and inserting in
lieu thereof a new subsection number 11.8.
?64-6-3.
Division of Justice and Community Services.
The
legislature directs the Division of Justice and Community Services, pursuant to
the authority given to the Division in section ten, article seven, chapter
seventeen-b of this code, to promulgate the legislative rule filed in the State
Register by the Division on February 17, 2017, relating to the Division
(William R. Laird IV ? second chance driver?s license program, 224 CSR 1), with
the following amendments:
On page 2,
by renumbering subdivision ?2.1? to ?2.9?;
And,
On page 8,
by correcting the Code date from ?1131? to ?1931?;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com.
Sub. for Senate Bill 116?A Bill to amend and reenact ?64-6-1, ?64-6-2 and
?64-6-3 of the Code of West Virginia, 1931, as amended, all relating to
authorizing certain Department of Military Affairs and Public Safety
legislative rules; authorizing certain agencies to promulgate certain
legislative rules as presented to the Legislative Rule-Making Review Committee;
authorizing certain agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the Legislative
Rule-Making Review Committee; authorizing certain Department of Military and
Public Service; legislative rules authorizing the Governor?s Committee on
Crime, Delinquency and Correction to promulgate a legislative rule relating to
law-enforcement training and certification standards; authorizing the State
Fire Marshal to promulgate a legislative rule relating to the regulation of
fireworks and related explosive material; and authorizing the Division of
Justice and Community Services to promulgate a legislative rule relating to the
William R. Laird, IV- second chance driver?s license program.
On motion of Senator Ferns, the following
amendment to the House of Delegates amendments to the bill (Eng. Com. Sub. for S. B. 116) 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 116?A
Bill to amend and reenact ?64-6-1, ?64-6-2 and ?64-6-3 of the Code of West
Virginia, 1931, as amended, all relating to authorizing certain Department of
Military Affairs and Public Safety legislative rules; authorizing certain
agencies to promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review Committee;
authorizing certain agencies to promulgate legislative rules with various
amendments recommended by the legislature; authorizing the Governor?s Committee
on Crime, Delinquency and Correction to promulgate a legislative rule relating
to law-enforcement training and certification standards; authorizing the State
Fire Marshal to promulgate a legislative rule relating to the regulation of
fireworks and related explosive material; and directing the Division of Justice
and Community Services to promulgate a legislative rule relating to the William
R. Laird, IV- second chance driver?s license program.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate
Bill 116, 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. 116) passed with its Senate amended title.
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, 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, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. Com. Sub. for S. B. 116) takes effect from passage.
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 amendment by that body,
passage as amended with its House of Delegates amended title, to take effect
Eng. Com. Sub. for Senate Bill 134,
Authorizing Bureau of Commerce to promulgate legislative rules.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting clause and inserting in lieu thereof the
following:
That
?64-10-1, ?64-10-2 and ?64-10-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, all to read as follows
ARTICLE 10. AUTHORIZATION FOR
BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.
?64-10-1. Division of
Natural Resources.
(a) The legislative rule filed in the State Register on August 29,
2016, authorized under the authority of section seven, article one, chapter
twenty of this code, relating to the Division of Natural Resources (point
system for the revocation of hunting - repeal, 58 CSR 24), is authorized.
(b) The legislative rule filed in the State Register on August 29,
2016, authorized under the authority of section seven, article one, chapter
twenty of this code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on January 3, 2017, relating to the Division of Natural
Resources (revocation of hunting and fishing licenses, 58 CSR 23), is
authorized.
(c) The legislative rule filed in the State Register on August 26,
2016, authorized under the authority of section seven, article one, chapter
twenty of this code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on January 3, 2017, relating to the Division of Natural
Resources (special waterfowl hunting, 58 CSR 58), is authorized.
(d) The legislative rule filed in the State Register on August 26,
2016, authorized under the authority of section eleven, article two, chapter
twenty of this code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on January 3, 2017, relating to the Division of Natural
Resources (commercial sale of wildlife, 58 CSR 63), is authorized.
(e) The legislative rule filed in the State Register on August 26,
2016, authorized under the authority of section seven, article one, chapter
twenty of this code, modified by the Division of Natural Resources to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on January 3, 2017, relating to the Division of Natural
Resources (miscellaneous permits and licenses, 58 CSR 64), is authorized.
(f) The legislative rule effective on April 14, 2000, authorized under the
authority of section 1 twenty-five, article seven, chapter twenty of this code,
relating to the Division of Natural Resources (litter control grant program, 58
CSR 6), is repealed.
?64-10-2. Office of
Miners? Health, Safety and Training.
The legislative rule filed in the State Register on July 6, 2016,
authorized under the authority of section six-c, article four-c, chapter
sixteen of this code, modified by the Office of Miners? Health, Safety and
Training to meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on September 6, 2016, relating to the Office
of Miners? Health, Safety and Training (certification, recertification and
training of EMT-Miners and the certification of EMT-M instructors,
56 CSR 22), is authorized.
?64-10-3. Board of Coal Mine Health and
Safety.
??????????? The
legislative rule effective on July 1, 2014, authorized under the authority of
section four, article six, chapter twenty-two-a of this code, relating to the
Board of Coal Mine Health and Safety (rules governing proximity detection
systems and haulage safety generally, 36 CSR 57), is authorized, with the
amendment set forth below:
??????????? On
page two, subsection 4.3, by striking out the date ?July 1, 2017? and inserting
in lieu thereof the following ?the timeframe set forth in the federal rule
relating to proximity detection systems.?;
And,
By striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill 134?A Bill to
amend and reenact ?64-10-1, ?64-10-2 and ?64-10-3 of the Code of West Virginia,
1931, as amended, all relating to authorizing certain Bureau of Commerce
legislative rules; repealing certain legislative, procedural or interpretive
rules promulgated by certain agencies and boards under the Bureau of Commerce
which are no longer authorized or are obsolete; authorizing the promulgation of
legislative rules by various executive or administrative agencies of the state;
authorizing certain agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the Legislative
Rule-Making Review Committee; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to the point system for the revocation
of hunting ? repeal; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to revocation of hunting and fishing
licenses; authorizing the Division of Natural Resources to promulgate a
legislative rule relating to special waterfowl hunting; authorizing the
Division of Natural Resources to promulgate a legislative rule relating to the
commercial sale of wildlife; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to miscellaneous permits and licenses;
repealing the Division of Natural Resources legislative rule relating to litter
control grant program; authorizing the Office of Miners? Health, Safety and
Training to promulgate a legislative rule relating to certification, recertification
and training of EMT-Miners and the certification of EMT-M instructors; and
authorizing the Board of Coal Mine Health and Safety to promulgate a
legislative rule relating to rules governing proximity detection systems and
haulage safety generally.
On motion of Senator Ferns, the following
amendments to the House of
Delegates amendments to the bill
(Eng. Com. Sub. for S. B. 134) were
reported by the Clerk, considered simultaneously, and adopted:
On page
ARTICLE 10. AUTHORIZATION FOR DEPARTMENT
OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.;
??????????? On page two, section three, by striking out the words ?The legislative rule effective on July 1, 2014, authorized under the authority of section four, article six, chapter twenty-two-a of this code, relating to the Board of Coal Mine Health and Safety (rules governing proximity detection systems and haulage safety generally, 36 CSR 57), is authorized, with the amendment set forth below:? and inserting in lieu thereof the following: The Legislature directs the Board of Coal Mine Health and Safety, pursuant to the authority given to the board in section four, article six, chapter twenty-two-a of this code, to promulgate the legislative rule filed in the State Register by the Board of Coal Mine Health and Safety on July 1, 2014, relating to rules governing proximity detection systems and haulage safety generally, (36 CSR 57), with the amendment set forth below:;
??????????? And,
By striking out the title and substituting
therefor a new title, to read as follows:
Eng.
Com. Sub. for Senate Bill 134?A
Bill to amend and reenact ?64-10-1, ?64-10-2 and ?64-10-3 of the Code of West
Virginia, 1931, as amended, all relating to authorizing certain Department of
Commerce legislative rules; authorizing certain agencies to promulgate certain
legislative rules as presented to the Legislative Rule-Making Review Committee;
authorizing certain agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the Legislative
Rule-Making Review Committee; repealing certain legislative rules promulgated
by certain agencies and boards under the Department of Commerce which are no
longer authorized or are obsolete; directing the promulgation rules by certain
agencies and boards under the Department of Commerce; authorizing the Division
of Natural Resources to promulgate a legislative rule relating to the point
system for the revocation of hunting ? repeal; authorizing the Division of
Natural Resources to promulgate a legislative rule relating to revocation of
hunting and fishing licenses; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to special waterfowl hunting;
authorizing the Division of Natural Resources to promulgate a legislative rule
relating to the commercial sale of wildlife; authorizing the Division of
Natural Resources to promulgate a legislative rule relating to miscellaneous
permits and licenses; repealing the Division of Natural Resources legislative
rule relating to litter control grant program; authorizing the Office of Miners?
Health, Safety and Training to promulgate a legislative rule relating to
certification, recertification and training of EMT-Miners and the certification
of EMT-M instructors; and directing the Board of Coal Mine Health and Safety to
promulgate a legislative rule relating to rules governing proximity detection
systems and haulage safety generally.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate
Bill 134, 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. 134) passed with its Senate amended title.
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, 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, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. Com. Sub. for S. B. 134) takes effect from passage.
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 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 202, Relating
to pawnbrokers generally.
On motion of
Senator
The
following House of Delegates
On page two,
section two-a, lines fourteen through sixteen, by striking out all of subsection
(b) and inserting in lieu thereof a new subsection, designated subsection (b),
to read as follows:
(b) During
the course of business, a pawnbroker may not purchase, pawn, receive or
exchange a gift card with a balance that exceeds $100, or is in the aggregate
of $300 in a thirty day time frame, from any one individual.;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill 202?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?47-26-2a, relating generally to pawnbrokers; limiting
pawnbrokers from purchasing, accepting in pawn, receiving in trade, accepting
in exchange for goods any general-use prepaid card, gift certificate or store
gift card; creating misdemeanor offense of pawnbrokers purchasing, accepting in
pawn, receiving in trade or exchanging for goods a general-use prepaid card,
gift certificate or store gift card; defining terms; creating exceptions; and
establishing penalties.
On motion of Senator
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 amendment by that body,
passage as amended, and requested the concurrence of the Senate in the House of
Delegates
Eng. Com. Sub. for Senate Bill 441,
Establishing Municipal Home Rule Pilot Program.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting section and inserting in lieu thereof the
following:
ARTICLE 1. PURPOSE AND
SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.
?8-1-5a. Municipal Home Rule Pilot Program.
(a) Legislative
findings. ? The Legislature finds and declares that:
(1) The
initial Municipal Home Rule Pilot Program brought innovative results, including
novel municipal ideas that became municipal ordinances which later resulted in
new statewide statutes;
(2) The
initial Municipal Home Rule Pilot Program also brought novel municipal ideas
that resulted in court challenges against some of the participating
municipalities;
(3) The
Municipal Home Rule Board was an essential part of the initial Municipal Home
Rule Pilot Program, but it lacked some needed powers and duties;
(4)
Municipalities still face challenges delivering services required by federal
and state law or demanded by their constituents;
(5)
Municipalities are sometimes restrained by state statutes, policies and rules
that challenge their ability to carry out their duties and responsibilities in
a cost-effective, efficient and timely manner;
(6) Continuing
Establishing the Municipal Home Rule Pilot Program as a permanent
program available to all municipalities statewide is in the public
interest; and
(7)
Increasing the powers and duties of the Municipal Home Rule Board will enhance
the Municipal Home Rule Pilot Program.
(b) Continuance
of pilot program. ? The Municipal Home Rule Pilot Program is continued
until July 1, 2019. The ordinances enacted by the participating municipalities
pursuant to the l Municipal Home Rule Pilot Program may remain in effect,
subject to the requirements of this section, until the ordinances are repealed:
Provided, That any ordinance enacting a municipal occupation tax is hereby
null and void.
(b) Establishment of a permanent program and
continuation of pilot plans. ? The Municipal Home Rule Pilot Program is
hereby established as a permanent program and shall be identified as the
Municipal Home Rule Program. Any ordinance,
act, resolution, rule or regulation enacted by a participating municipality
under the provisions of this section during the period of the Municipal Home
Rule Pilot Program shall continue in full force and effect until repealed.
(c) Authorizing
participation. ?
(1)
Commencing July 1, 2015 July 1, 2017, thirty any
Class I, Class II, and Class III municipalities and four
Class IV municipalities municipality that are is
current in payment of all state fees may participate in the Municipal Home Rule
Pilot Program pursuant to the provisions of this section.
(2) The
municipalities participating in the pilot program on the effective date of the
amendment and reenactment of this section are hereby authorized to continue in
the pilot program, subject to the requirements of this section, and may
amend current written plans and/or submit new written plans in accordance with
the provisions of this section.
(d) Municipal
Home Rule Board. ? The Municipal Home Rule Board is hereby continued.
Effective July 1, 2015, the Municipal Home Rule Board shall consist of the
following five voting members:
(1) The
Governor, or a designee, who shall serve as chair;
(2) The
Executive Director of the West Virginia Development Office, or a designee;
(3) One
member representing the Business and Industry Council, appointed by the
Governor with the advice and consent of the Senate;
(4) One
member representing the largest labor organization in the state, appointed by
the Governor with the advice and consent of the Senate; and
(5) One
member representing the West Virginia Chapter of the American Institute of
Certified Planners, appointed by the Governor with the advice and consent of
the Senate.
?The Chair of the Senate Committee on
Government Organization and the Chair of the House Committee on Government
Organization shall continue to be ex officio nonvoting members of the board.
(e) Board?s
powers and duties. ? The Municipal Home Rule Board has the following powers
and duties:
(1) Review,
evaluate, make recommendations and approve or reject for any reason, by
a majority vote of the board, each aspect of the written plan, or the
written plan in its entirety, submitted by a municipality;
(2) By a
majority vote of the board, select, based on the municipality?s written plan,
new Class I, Class II, Class III and/or Class IV municipalities to participate
in the Municipal Home Rule Pilot Program;
(3) Review,
evaluate, make recommendations and approve or reject for any reason, by
a majority vote of the board, the amendments to the written plans submitted by
municipalities;
(4) Consult
with any agency affected by the written plans or the amendments to the written
plans; and
(5) Perform
any other powers or duties necessary to effectuate the provisions of this
section.
(f) Written
plan. ? Any Class I, Class II, Class III or Class IV municipality desiring
to participate in the Municipal Home Rule Pilot Program shall submit a
written plan to the board stating in detail the following:
(1) The
specific laws, acts, resolutions, policies, rules or regulations which prevent
the municipality from carrying out its duties in the most cost-efficient,
effective and timely manner;
(2) The
problems created by the laws, acts, resolutions, policies, rules or
regulations;
(3) The
proposed solutions to the problems, including all proposed changes to
ordinances, acts, resolutions, rules and regulations: Provided, That the
specific municipal ordinance instituting the solution does not have to be
included in the written plan; and
(4) A
written opinion, by an attorney licensed to practice in West Virginia, stating
that the proposed written plan does not violate the provisions of this section.
(g) Public
hearing on written plan. ? Prior to submitting its written plan to the
board, the municipality shall:
(1) Hold a
public hearing on the written plan;
(2) Provide
notice at least thirty days prior to the public hearing by a Class II legal
advertisement;
(3) Make a
copy of the written plan available for public inspection at least thirty days
prior to the public hearing; and
(4) After
the public hearing, adopt an ordinance authorizing the municipality to submit a
written plan to the Municipal Home Rule Board after the proposed ordinance has
been read two times.
(h) Selection
of municipalities. ? On or after June 1, 2015, by a majority vote, the
Municipal Home Rule Board may select from the municipalities that submitted
written plans and were approved by the board by majority vote new Class I,
Class II, Class III and/or Class IV municipalities to participate in the
Municipal Home Rule Pilot Program.
(i) Powers
and duties of municipalities. ? The municipalities participating in the
Municipal Home Rule Pilot Program have the authority to pass an
ordinance, act, resolution, rule or regulation, under the provisions of this
section: Provided, That notice is
given at least thirty days prior to passage by a Class II legal advertisement,
that is not contrary to:
(1)
Environmental law;
(2) Laws
governing bidding on government construction and other contracts;
(3) The
Freedom of Information Act;
(4) The Open
Governmental Proceedings Act;
(5) Laws
governing wages for construction of public improvements;
(6) The provisions
of this section;
(7) The
provisions of section five-a, article twelve of this chapter;
(8) The
municipality?s written plan;
(9) The
Constitution of the United States or the Constitution of the State of West
Virginia;
(10) Federal
law or crimes and punishment;
(11)
Chapters sixty-a, sixty-one and sixty-two of this code or state crimes and
punishment;
(12) Laws
governing pensions or retirement plans;
(13) Laws
governing annexation;
(14) Laws
governing taxation: Provided, That a participating municipality may
enact a municipal sales tax up to one percent if it reduces or eliminates its
municipal business and occupation tax: Provided, however, That if a
municipality subsequently reinstates or raises the municipal business and
occupation tax it previously reduced or eliminated under the Municipal Home
Rule Pilot Program or the Municipal Home Rule Program, it shall
eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot
Program: Provided further, That any municipality that imposes a
municipal sales tax pursuant to this section shall use the services of the Tax
Commissioner to administer, enforce and collect the tax in the same manner as
the state consumers sales and service tax and use tax under the provisions of
articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code and
all applicable provisions of the Streamlined Sales and Use Tax Agreement: And
provided further, That such tax will shall not apply to the
sale of motor fuel or motor vehicles;
(15) Laws
governing tax increment financing;
(16) Laws
governing extraction of natural resources; and
(17)
Marriage and divorce laws.; and
(18) Laws
governing professional licensing or certification, including the administration
and oversight of those laws, by state agencies to the extent required by law.
(j)
Municipalities may not pass an ordinance, act, resolution, rule or regulation
under the provisions of this section that:
(1) Affects
persons or property outside the boundaries of the municipality: Provided,
That this prohibition under the Municipal Home Rule Pilot Program does
not limit a municipality?s powers outside its boundary lines under other
provisions of this section, other sections of this chapter, other chapters of
this code or court decisions; or
(2) Enacts
an occupation tax, fee or assessment payable by a nonresident of a
municipality.
(k) Amendments
to written plans. ? A municipality participating in the Municipal Home Rule
Pilot Program may amend its written plan at any time.
(l) Amendments
to ordinances, acts, resolutions, rules or regulations. ? A municipality
participating in the Municipal Home Rule Pilot Program may amend any
ordinance, act, resolution, rule or regulation enacted pursuant to the
municipality?s approved written plan at any time so long as any amendment is
consistent with the municipality?s approved written plan, complies with the
provisions of subsections (i) and (j) of this section and the municipality
complies with all applicable state law procedures for enacting municipal
legislation.
(m) Reporting
requirements. ? Commencing December 1, 2015, and each year thereafter, each
participating municipality shall give a progress report to the Municipal Home
Rule Board and commencing January 1, 2016, and each year thereafter, the
Municipal Home Rule Board shall give a summary report of all the participating
municipalities to the Joint Committee on Government and Finance.
(n) Termination
of the pilot program. ? The Municipal Home Rule Pilot Program terminates on
July 1, 2019. An ordinance, act, resolution, rule or regulation enacted by a
participating municipality under the provisions of this section during the
period of the Municipal Home Rule Pilot Program shall continue in full force
and effect until repealed.
(n) In the
event thirty percent of the qualified voters of the municipality that voted in
the previous municipal election, by petition duly signed by them in their own
handwriting and filed with the recorder of the municipality within forty-five
days after the enactment or amendment of an ordinance, protest against the
ordinance as enacted or amended, the ordinance shall not become effective until
it is ratified by a majority of the legal votes cast by the qualified voters of
the municipality at a regular municipal election or special municipal election,
as the governing body directs. Voting shall not take place until after notice
of the submission is given by publication as a Class II legal advertisement in
compliance with the provisions of article three, chapter fifty-nine of this
code.
(o) Notwithstanding
any other provision of this code to the contrary, on and after the effective
date of the enactment of this provision in 2015, no distributee under the
provisions of this section may seek from the Tax Division of the Department of
Revenue a refund of revenues or moneys collected by, or remitted to, the Tax
Division of the Department of Revenue, nor seek a change in past amounts
distributed, or any other retrospective adjustment relating to any amount
distributed, to the extent that the moneys in question have been distributed to
another distributee, regardless of whether those distributions were
miscalculated, mistaken, erroneous, misdirected or otherwise inaccurate or
incorrect. For purposes of this section, the term ?distributee? means any
municipality that receives or is authorized to receive a specific distribution
of revenues or moneys collected by, or remitted to, the Tax Division of the
Department of Revenue pursuant to this section.
On motion of Senator Ferns, the following amendment
to the House of Delegates amendment to the bill (Eng. Com. Sub. for S. B. 441) was reported by the Clerk:
By striking out everything after the
enacting clause and inserting in lieu thereof the following:
??????????? That
?8-1-5a of the Code of West Virginia, 1931, as amended, be amended and
reenacted and that said code be amended by adding thereto a new article,
designated ?21-5I-1, ?21-5I-2, and ?21-5I-3, all to read as follows:
ARTICLE 1. PURPOSE AND
SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.
?8-1-5a. Municipal Home Rule Pilot Program.
(a) Legislative
findings. ? The Legislature finds and declares that:
(1) The
initial Municipal Home Rule Pilot Program brought innovative results, including
novel municipal ideas that became municipal ordinances which later resulted in
new statewide statutes;
(2) The
initial Municipal Home Rule Pilot Program also brought novel municipal ideas
that resulted in court challenges against some of the participating municipalities;
(3) The
Municipal Home Rule Board was an essential part of the initial Municipal Home
Rule Pilot Program, but it lacked some needed powers and duties;
(4)
Municipalities still face challenges delivering services required by federal
and state law or demanded by their constituents;
(5)
Municipalities are sometimes restrained by state statutes, policies and rules
that challenge their ability to carry out their duties and responsibilities in
a cost-effective, efficient and timely manner;
(6) Continuing
Establishing the Municipal Home Rule Pilot Program as a permanent
program available to all municipalities statewide is in the public
interest; and
(7)
Increasing the powers and duties of the Municipal Home Rule Board will enhance
the Municipal Home Rule Pilot Program.
(b) Continuance
of pilot program. ? The Municipal Home Rule Pilot Program is continued
until July 1, 2019. The ordinances enacted by the participating municipalities
pursuant to the l Municipal Home Rule Pilot Program may remain in effect, subject
to the requirements of this section, until the ordinances are repealed:
Provided, That any ordinance enacting a municipal occupation tax is hereby
null and void.
(b) Establishment of a permanent program and
continuation of pilot plans. ? The Municipal Home Rule Pilot Program is
hereby established as a permanent program and shall be identified as the
Municipal Home Rule Program. Any ordinance,
act, resolution, rule or regulation enacted by a participating municipality
under the provisions of this section during the period of the Municipal Home
Rule Pilot Program shall continue in full force and effect until repealed.
(c) Authorizing
participation. ?
(1)
Commencing July 1, 2015 July 1, 2017, thirty any
Class I, Class II, and Class III municipalities and four
Class IV municipalities municipality that are is
current in payment of all state fees may participate in the Municipal Home Rule
Pilot Program pursuant to the provisions of this section.
(2) The
municipalities participating in the pilot program on the effective date of the
amendment and reenactment of this section are hereby authorized to continue in
the pilot program, subject to the requirements of this section, and may
amend current written plans and/or submit new written plans in accordance with
the provisions of this section.
(d) Municipal
Home Rule Board. ? The Municipal Home Rule Board is hereby continued.
Effective July 1, 2015, the Municipal Home Rule Board shall consist of the
following five voting members:
(1) The
Governor, or a designee, who shall serve as chair;
(2) The
Executive Director of the West Virginia Development Office, or a designee;
(3) One
member representing the Business and Industry Council, appointed by the
Governor with the advice and consent of the Senate;
(4) One
member representing the largest labor organization in the state, appointed by
the Governor with the advice and consent of the Senate; and
(5) One
member representing the West Virginia Chapter of the American Institute of
Certified Planners, appointed by the Governor with the advice and consent of
the Senate.
The Chair of
the Senate Committee on Government Organization and the Chair of the House
Committee on Government Organization shall continue to be ex officio nonvoting
members of the board.
(e) Board?s
powers and duties. ? The Municipal Home Rule Board has the following powers
and duties:
(1) Review,
evaluate, make recommendations and approve or reject for any reason, by
a majority vote of the board, each aspect of the written plan, or the
written plan in its entirety, submitted by a municipality;
(2) By a
majority vote of the board, select, based on the municipality?s written plan,
new Class I, Class II, Class III and/or Class IV municipalities to participate
in the Municipal Home Rule Pilot Program;
(3) Review,
evaluate, make recommendations and approve or reject for any reason, by
a majority vote of the board, the amendments to the written plans submitted by
municipalities;
(4) Consult
with any agency affected by the written plans or the amendments to the written
plans; and
(5) Perform
any other powers or duties necessary to effectuate the provisions of this
section.
(f) Written
plan. ? Any Class I, Class II, Class III or Class IV municipality desiring
to participate in the Municipal Home Rule Pilot Program shall submit a
written plan to the board stating in detail the following:
(1) The
specific laws, acts, resolutions, policies, rules or regulations which prevent
the municipality from carrying out its duties in the most cost-efficient,
effective and timely manner;
(2) The
problems created by the laws, acts, resolutions, policies, rules or
regulations;
(3) The
proposed solutions to the problems, including all proposed changes to
ordinances, acts, resolutions, rules and regulations: Provided, That the
specific municipal ordinance instituting the solution does not have to be
included in the written plan; and
(4) A
written opinion, by an attorney licensed to practice in West Virginia, stating
that the proposed written plan does not violate the provisions of this section.
(g) Public
hearing on written plan. ? Prior to submitting its written plan to the
board, the municipality shall:
(1) Hold a
public hearing on the written plan;
(2) Provide
notice at least thirty days prior to the public hearing by a Class II legal advertisement;
(3) Make a
copy of the written plan available for public inspection at least thirty days
prior to the public hearing; and
(4) After
the public hearing, adopt an ordinance authorizing the municipality to submit a
written plan to the Municipal Home Rule Board after the proposed ordinance has
been read two times.
(h) Selection
of municipalities. ? On or after June 1, 2015, by a majority vote, the
Municipal Home Rule Board may select from the municipalities that submitted
written plans and were approved by the board by majority vote new Class I,
Class II, Class III and/or Class IV municipalities to participate in the
Municipal Home Rule Pilot Program.
(i) Powers
and duties of municipalities. ? The municipalities participating in the
Municipal Home Rule Pilot Program have the authority to pass an
ordinance, act, resolution, rule or regulation, under the provisions of this
section, that is not contrary to:
(1)
Environmental law;
(2) Laws
governing bidding on government construction and other contracts;
(3) The
Freedom of Information Act;
(4) The Open
Governmental Proceedings Act;
(5) Laws
governing wages for construction of public improvements;
(6) The
provisions of this section;
(7) The
provisions of section five-a, article twelve of this chapter;
(8) The
municipality?s written plan;
(9) The
Constitution of the United States or the Constitution of the State of West
Virginia;
(10) Federal
law or crimes and punishment;
(11)
Chapters sixty-a, sixty-one and sixty-two of this code or state crimes and
punishment;
(12) Laws
governing pensions or retirement plans;
(13) Laws
governing annexation;
(14) Laws
governing taxation: Provided, That a participating municipality may
enact a municipal sales tax up to one percent if it reduces or eliminates its
municipal business and occupation tax: Provided, however, That if a
municipality subsequently reinstates or raises the municipal business and
occupation tax it previously reduced or eliminated under the Municipal Home
Rule Pilot Program or the Municipal Home Rule Program, it shall
eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot
Program: Provided further, That any municipality that imposes a
municipal sales tax pursuant to this section shall use the services of the Tax
Commissioner to administer, enforce and collect the tax in the same manner as
the state consumers sales and service tax and use tax under the provisions of
articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code and
all applicable provisions of the Streamlined Sales and Use Tax Agreement: And
provided further, That such tax will shall not apply to the
sale of motor fuel or motor vehicles;
(15) Laws
governing tax increment financing;
(16) Laws
governing extraction of natural resources; and
(17)
Marriage and divorce laws.; and
(18) Laws
governing professional licensing or certification, including the administration
and oversight of those laws, by state agencies to the extent required by law.
(j)
Municipalities may not pass an ordinance, act, resolution, rule or regulation
under the provisions of this section that:
(1) Affects
persons or property outside the boundaries of the municipality: Provided,
That this prohibition under the Municipal Home Rule Pilot Program does
not limit a municipality?s powers outside its boundary lines under other
provisions of this section, other sections of this chapter, other chapters of
this code or court decisions; or
(2) Enacts
an occupation tax, fee or assessment payable by a nonresident of a
municipality.
(k) Amendments
to written plans. ? A municipality participating in the Municipal Home Rule
Pilot Program may amend its written plan at any time.
(l) Amendments
to ordinances, acts, resolutions, rules or regulations. ? A municipality
participating in the Municipal Home Rule Pilot Program may amend any
ordinance, act, resolution, rule or regulation enacted pursuant to the
municipality?s approved written plan at any time so long as any amendment is
consistent with the municipality?s approved written plan, complies with the
provisions of subsections (i) and (j) of this section and the municipality
complies with all applicable state law procedures for enacting municipal
legislation.
(m) Reporting
requirements. ? Commencing December 1, 2015, and each year thereafter, each
participating municipality shall give a progress report to the Municipal Home
Rule Board and commencing January 1, 2016, and each year thereafter, the
Municipal Home Rule Board shall give a summary report of all the participating
municipalities to the Joint Committee on Government and Finance.
(n) Termination
of the pilot program. ? The Municipal Home Rule Pilot Program terminates on
July 1, 2019. An ordinance, act, resolution, rule or regulation enacted by a
participating municipality under the provisions of this section during the
period of the Municipal Home Rule Pilot Program shall continue in full force
and effect until repealed.
(n) In the
event thirty percent of the qualified voters of the municipality that voted in
the previous municipal election, by petition duly signed by them in their own
handwriting and filed with the recorder of the municipality within forty-five
days after the enactment or amendment of an ordinance, protest against the
ordinance as enacted or amended, the ordinance shall not become effective until
it is ratified by a majority of the legal votes cast by the qualified voters of
the municipality at a regular municipal election or special municipal election,
as the governing body directs. Voting shall not take place until after notice
of the submission is given by publication as a Class II legal advertisement in
compliance with the provisions of article three, chapter fifty-nine of this
code.
(o)
Notwithstanding any other provision of this code to the contrary, on and after
the effective date of the enactment of this provision in 2015, no distributee
under the provisions of this section may seek from the Tax Division of the
Department of Revenue a refund of revenues or moneys collected by, or remitted
to, the Tax Division of the Department of Revenue, nor seek a change in past
amounts distributed, or any other retrospective adjustment relating to any
amount distributed, to the extent that the moneys in question have been
distributed to another distributee, regardless of whether those distributions
were miscalculated, mistaken, erroneous, misdirected or otherwise inaccurate or
incorrect. For purposes of this section, the term ?distributee? means any
municipality that receives or is authorized to receive a specific distribution
of revenues or moneys collected by, or remitted to, the Tax Division of the
Department of Revenue pursuant to this section.?
Article 5I. LOCAL GOVERNMENT LABOR REGULATORY LIMITATION ACT.
?21-5I-1. Short
title.
This article shall be known and cited as the Local
Government Labor Regulatory Limitation Act.
?21-5I-2. Prohibited
areas of regulation.
Notwithstanding any home rule authority
granted under this code, and notwithstanding any other provision of this code
to the contrary, no political subdivision, as defined in section three-c,
article twelve-a, chapter twenty-nine of this code, may adopt, enforce or
administer an ordinance, regulation, local policy, local resolution or other
legal requirement regarding any of the following specific areas:
(a) Regulating information an employer or
potential employer must request, require or exclude on an application for
employment from an employee or a potential employee: Provided, That this section does not prohibit an ordinance, local
policy or local resolution requiring a criminal background check for an
employee or potential employee in connection with the receipt of a license or
permit from a local governmental body;
(b) Requiring an employer to pay to an
employee a wage higher than any applicable state or federal law;
(c) Requiring an employer to pay to an
employee a wage or fringe benefit based on wage and fringe benefit rates
prevailing in the locality;
(d) Regulating work stoppage or strike
activity of employers and their employees or the means by which employees may
organize;
(e) Requiring an employer to provide to an
employee paid or unpaid leave time;
(f) Requiring an employer or its employees to
participate in any educational apprenticeship or apprenticeship training
program that is not required by state or federal law; or
(g) Regulating hours and scheduling that an
employer is required to provide to employees: Provided, That this section does not prohibit an ordinance, local
policy or local resolution that limits the hours a business may operate.
?21-5I-3. Exceptions;
applicability.
(a) Nothing in this article shall be construed
so as to prohibit a political subdivision from enforcing a written agreement
voluntarily entered into and in effect prior to the effective date of this
article.
(b) Any ordinance, regulation, local policy,
local resolution or other legal requirement enacted or adopted prior to the
effective date of this article that would be prohibited under section two of
this article is void upon the effective date of this article.
(c) Section two of this article does not
apply to the employees of a political subdivision and is not intended to prohibit a political subdivision from adopting,
enforcing or administering an ordinance, regulation, local policy, local
resolution or other legal requirement applicable to its own employees regarding
any of the specific areas described in subsections (a) through (g), inclusive, thereof.
(d) Nothing in this article shall be construed
as prohibiting or limiting a political subdivision from complying with the West
Virginia Drug and Alcohol Free Workplace Act, set forth in article one-d,
chapter twenty-one of this code, or otherwise requiring similar drug and
alcohol policies and testing of a political subdivision?s vendors.
Senator Palumbo arose to a point of order
that Senator Ferns? amendment to the House of Delegates amendment to the bill (Eng.
Com. Sub. for S. B. 441) was not germane to the bill.
Which point of order, the President ruled
well taken.
??????????? Thereafter,
at the request of Senator Trump, and by unanimous consent, consideration of the
bill (Eng. Com. Sub. for S. B. 441) was deferred until the conclusion of House
messages now lodged with the Clerk.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended with its House of Delegates amended title, to take effect
Eng. Senate Bill 621, Providing
certain rules inapplicable after county board of education notifies state board
of possible closing or consolidations.
On motion of
Senator
The
following House of Delegates
On page one,
section thirteen, line two, by striking out the words ?is considering or in?
and inserting in lieu thereof the words ?has taken official action to begin?;
On page one, section thirteen, line eight, by striking out
the word ?not?;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill 621?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated ?29A-3B-13, relating to providing that at any point
after a county board of education provides written notice to the state board
that it has taken official action to begin the process of closing or
consolidating a school or schools, any revision or supplementation to certain
rules is applicable to the school closing or consolidation project described in
the county board?s notification to the state board.
On motion of Senator
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 amendment by that body,
passage as amended, and requested the concurrence of the Senate in the House of
Delegates
Eng. Com. Sub. for Senate Bill 606, Relating
to minimum wage and maximum hours for employees.
On motion of
Senator
The
following House of Delegates
On page
On motion of Senator Ferns, the following
amendment to the House of Delegates amendment to the bill (Eng. Com. Sub. for
S. B. 606) 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 606?A
Bill to amend and reenact ?21-5C-1 of the Code of West Virginia, 1931, as
amended, relating to minimum wage and maximum hour standards for employees by a
recreational establishment which does not operate for more than seven months in
any calendar year during the preceding calendar year or had average receipts
for any six months of the year which were not more than thirty-three and
one-third per centum of its average receipts for the other six months of that
year; and requiring any such employee is compensated on a salary basis in an
annual amount of not less than two thousand eighty times the West Virginia
state minimum wage as stated in section two of this article.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendment, as amended.
Engrossed Committee Substitute for Senate
Bill 606, as amended, was then 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,
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: Beach, Jeffries, Ojeda and
Romano?4.
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. 606) 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 amendment by that body,
adoption as amended, and requested the concurrence of the Senate in the House
of Delegates
Eng. Com. Sub. for Com. Sub. for Senate Joint
Resolution 6, Roads to Prosperity Amendment of 2017.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the Resolved section and inserting in lieu thereof the
following:
Roads to Prosperity Amendment of 2017.
(a) The
Legislature shall have power to authorize the issuing and selling of state
bonds not exceeding in the aggregate $1.6 billion. The proceeds of said bonds
are hereby authorized to be issued and sold over a four-year period in the
following amounts:
(1) July 1,
2017, an amount not to exceed $800 million;
(2) July 1,
2018, an amount not to exceed $400 million;
(3) July 1,
2019, an amount not to exceed $200 million; and
(4) July 1,
2020, an amount not to exceed $200 million.
Any bonds
not issued under the provisions of subdivisions (1) through (3), inclusive, of
this subsection may be carried forward and issued in any subsequent year before
July 1, 2022.
(b) The
proceeds of the bonds shall be used and appropriated for the following
purposes:
(1) Matching
available federal funds for highway and bridge construction in this state; and
(2) General
highway and secondary road and bridge construction or improvements in each of
the fifty-five counties.
(c) When a
bond issue as aforesaid is authorized, the Legislature shall at the same time
provide for the collection of an annual state tax, as well as certain fees,
which shall be in a sufficient amount to pay the interest on such bonds and the
principal thereof as such may accrue within and not exceeding twenty-five
years, which tax and fees may include, but shall not be limited to: (1)
increases to fees charged by the Division of Motor Vehicles; (2) additional
fees on motor vehicles fueled, in part or entirely, by alternative fuels or
electricity; and (3) increases to the motor fuel excise tax. Such taxes and
fees shall be levied in any year only to the extent that the moneys in the
state road fund irrevocably set aside and appropriated for and applied to the
payment of the interest on and the principal of said bonds becoming due and
payable in such year are insufficient therefor. Any interest that accrues on
the issued bonds prior to payment shall only be used for the purposes of the
bonds.
Resolved
further, That in accordance with the provisions of article eleven, chapter
three of the Code of West Virginia, 1931, as amended, such proposed amendment
is hereby numbered ?Amendment No. 1? and designated as the ?
On motion of Senator Ferns, the following amendment to the House of
Delegates amendment to the resolution (Eng. Com. Sub. for Com. Sub. for S. J.
R. 6) was reported by the Clerk
and adopted:
On page
Roads to Prosperity Amendment of
2017.
(a) The Legislature
shall have power to authorize the issuing and selling of state bonds not
exceeding in the aggregate $1.6 billion. The proceeds of said bonds are hereby
authorized to be issued and sold over a four-year period in the following
amounts:
(1) July 1, 2017, an
amount not to exceed $800 million;
(2) July 1, 2018, an
amount not to exceed $400 million;
(3) July 1, 2019, an
amount not to exceed $200 million; and
(4) July 1, 2020, an amount
not to exceed $200 million.
Any bonds not issued
under the provisions of subdivisions (1) through (3), inclusive, of this
subsection may be carried forward and issued in any subsequent year before July
1, 2021.
(b) The proceeds of the
bonds shall be used and appropriated for the following purposes:
(1) Matching available
federal funds for highway and bridge construction in this state; and
(2) General highway and
secondary road and bridge construction or improvements in each of the
fifty-five counties.
(c) When a bond issue as
aforesaid is authorized, the Legislature shall at the same time provide for the
collection of an annual state tax which shall be in a sufficient amount to pay
the interest on such bonds and the principal thereof as such may accrue within
and not exceeding twenty-five years, Such taxes shall be levied in any year
only to the extent that the moneys in the state road fund irrevocably set aside
and appropriated for and applied to the payment of the interest on and the
principal of said bonds becoming due and payable in such year are insufficient
therefor. Any interest that accrues on the issued bonds prior to payment shall
only be used for the purposes of the bonds.
Resolved further, That in accordance with the provisions of article
eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed
amendment is hereby numbered ?Amendment No. 1? and designated as the ?
On motion of Senator Ferns, the Senate concurred in the House of
Delegates amendment, as amended.
Engrossed Committee Substitute for Committee Substitute for Senate Joint
Resolution 6, as amended, was then put upon its adoption.
On the adoption of the resolution, 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, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the
resolution (Eng.
Eng.
Com. Sub. for Com. Sub. for Senate Joint Resolution 6?Proposing an amendment to the Constitution
of the State of West Virginia,
Resolved
by the Legislature of West Virginia, two thirds of the members elected to each
house agreeing thereto:
That the question of ratification or
rejection of an amendment to the Constitution of the State of West Virginia be
submitted to the voters of the state at a special election to be held at a date
set by the Governor in 2017 and proclaimed in accordance with section three,
article eleven, chapter three of the Code of West Virginia, which proposed
amendment is to read as follows:
Roads
to Prosperity Amendment of 2017.
(a) The Legislature shall have power to
authorize the issuing and selling of state bonds not exceeding in the aggregate
$1.6 billion. The proceeds of said bonds are hereby authorized to be issued and
sold over a four-year period in the following amounts:
(1) July 1, 2017, an amount not to exceed
$800 million;
(2) July 1, 2018, an amount not to exceed
$400 million;
(3) July 1, 2019, an amount not to exceed
$200 million; and
(4) July 1, 2020, an amount not to exceed
$200 million.
Any bonds not issued under the provisions of
subdivisions (1) through (3), inclusive, of this subsection may be carried
forward and issued in any subsequent year before July 1, 2021.
(b) The proceeds of the bonds shall be used
and appropriated for the following purposes:
(1) Matching available federal funds for
highway and bridge construction in this state; and
(2) General highway and secondary road and
bridge construction or improvements in each of the fifty-five counties.
(c) When a bond issue as aforesaid is
authorized, the Legislature shall at the same time provide for the collection
of an annual state tax which shall be in a sufficient amount to pay the
interest on such bonds and the principal thereof as such may accrue within and
not exceeding twenty-five years. Such taxes shall be levied in any year only to
the extent that the moneys in the state road fund irrevocably set aside and
appropriated for and applied to the payment of the interest on and the
principal of said bonds becoming due and payable in such year are insufficient
therefor. Any interest that accrues on the issued bonds prior to payment shall
only be used for the purposes of the bonds.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931, as amended,
such proposed amendment is hereby numbered ?Amendment No. 1? and designated as
the ?
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate and request concurrence
therein.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate amendments to the House of Delegates amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Senate Bill 28, Creating
new system for certain contiguous counties to establish regional recreation
authorities.
A message
from The Clerk of the House of Delegates announced that that body had receded
from its amendment to, and the passage as amended by deletion, of
Eng. Com. Sub. for Senate Bill 221, Relating to
composition of PEIA Finance Board.
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 239, Limiting
use of wages by employers and labor organizations for political activities.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting section and inserting in lieu thereof the
following:
That
?3-8-12, ?21-1A-4, ?21-5-1 and ?21-5-3 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
?3‑8‑12. Additional acts
forbidden; circulation of written matter; newspaper advertising; solicitation
of contributions; intimidation and coercion of employees; promise of employment
or other benefits; limitations on contributions; public contractors; penalty.
(a)
A person may not publish, issue or circulate, or cause to be published, issued
or circulated, any anonymous letter, circular, placard, radio or television
advertisement or other publication supporting or aiding the election or defeat
of a clearly identified candidate.
(b)
An owner, publisher, editor or employee of a newspaper or other periodical may
not insert, either in its advertising or reading columns, any matter, paid for
or to be paid for, which tends to influence the voting at any election, unless
directly designating it as a paid advertisement and stating the name of the
person authorizing its publication and the candidate in whose behalf it is
published.
(c)
A person may not, in any room or building occupied for the discharge of
official duties by any officer or employee of the state or a political
subdivision of the state, solicit orally or by written communication delivered
within the room or building, or in any other manner, any contribution of money
or other thing of value for any party or political purpose, from any postmaster
or any other officer or employee of the federal government, or officer or
employee of the State, or a political subdivision of the State. An officer,
agent, clerk or employee of the federal government, or of this state, or any
political subdivision of the state, who may have charge or control of any
building, office or room, occupied for any official purpose, may not knowingly
permit any person to enter any building, office or room, occupied for any
official purpose for the purpose of soliciting or receiving any political
assessments from, or delivering or giving written solicitations for, or any
notice of, any political assessments to, any officer or employee of the state,
or a political subdivision of the state.
(d)
Except as provided in section eight of this article, a person entering into any
contract with the state or its subdivisions, or any department or agency of the
state, either for rendition of personal services or furnishing any material,
supplies or equipment or selling any land or building to the state, or its
subdivisions, or any department or agency of the state, if payment for the
performance of the contract or payment for the material, supplies, equipment,
land or building is to be made, in whole or in part, from public funds may not,
during the period of negotiation for or performance under the contract or
furnishing of materials, supplies, equipment, land or buildings, directly or
indirectly, make any contribution to any political party, committee or
candidate for public office or to any person for political purposes or use; nor
may any person or firm solicit any contributions for any purpose during any
period.
(e)
A person may not, directly or indirectly, promise any employment, position,
work, compensation or other benefit provided for, or made possible, in whole or
in part, by act of the Legislature, to any person as consideration, favor or
reward for any political activity for the support of or opposition to any
candidate, or any political party in any election.
(f)
Except as provided in section eight of this article, a person may not, directly
or indirectly, make any contribution in excess of the value of $1,000 in
connection with any campaign for nomination or election to or on behalf of any
statewide office, in connection with any other campaign for nomination or election
to or on behalf of any other elective office in the state or any of its
subdivisions, or in connection with or on behalf of any person engaged in
furthering, advancing, supporting or aiding the nomination or election of any
candidate for any of the offices.
(g)
A political organization (as defined in Section 527(e)(1) of the Internal
Revenue Code of 1986) may not solicit or accept contributions until it has
notified the Secretary of State of its existence and of the purposes for which
it was formed. During the two‑year election cycle, a political
organization (as defined in Section 527 (e) (1) of the Internal Revenue Code of
1986) may not accept contributions totaling more than $1,000 from any one
person prior to the primary election and contributions totaling more than
$1,000 from any one person after the primary and before the general election.
(h)
It is unlawful for any person to create, establish or organize more than one
political organization (as defined in Section 527(e)(1) of the Internal Revenue
Code of 1986) with the intent to avoid or evade the contribution limitations
contained in subsection (g) of this section.
(i)
Notwithstanding the provisions of subsection (f) of this section to the
contrary, a person may not, directly or indirectly, make contributions to a
state party executive committee or state party legislative caucus committee
which, in the aggregate, exceed the value of $1,000 in any calendar year.
(j)
The limitations on contributions contained in this section do not apply to
transfers between and among a state party executive committee or a state party?s
legislative caucus political committee from national committees of the same
political party: Provided, That transfers permitted by this subsection
may not exceed $50,000 in the aggregate in any calendar year to any state party
executive committee or state party legislative caucus political committee: Provided,
however, That the moneys transferred may only be used for voter
registration and get‑out‑the‑vote activities of the state
committees.
(k)
A person may not solicit any contribution, other than contributions to a
campaign for or against a county or local government ballot issue, from any
nonelective salaried employee of the state government or of any of its
subdivisions: Provided, That in no event may any person acting in a
supervisory role solicit a person who is a subordinate employee for any
contribution.
(l)
A person may not coerce or intimidate any nonelective salaried employee
into making a contribution. A person may not coerce or intimidate any nonsalaried
employee of the state government or any of its subdivisions into
engaging in any form of political activity. The provisions of this subsection
may not be construed to prevent any employee from making a contribution or from
engaging in political activity voluntarily without coercion, or
intimidation. or solicitation.
(l)
(m) A person may not solicit a contribution from any other person
without informing the other person at the time of the solicitation of the
amount of any commission, remuneration or other compensation that the solicitor
or any other person will receive or expect to receive as a direct result of the
contribution being successfully collected. Nothing in this subsection may be
construed to apply to solicitations of contributions made by any person serving
as an unpaid volunteer.
(m)
(n) A person may not place any letter, circular, flyer, advertisement,
election paraphernalia, solicitation material or other printed or published
item tending to influence voting at any election in a roadside receptacle
unless it is: (1) Approved for placement into a roadside receptacle by the
business or entity owning the receptacle; and (2) contains a written
acknowledgment of the approval. This subdivision does not apply to any printed
material contained in a newspaper or periodical published or distributed by the
owner of the receptacle. The term ?roadside receptacle? means any container
placed by a newspaper or periodical business or entity to facilitate home or
personal delivery of a designated newspaper or periodical to its customers.
(o)
An employer or any other person or entity responsible for the disbursement of
funds in payment of wages or salary may not withhold or divert any portion of
an employee?s wages or salary for use as contributions to any candidate or
political committee or for any other political purposes as defined in section
one-a of this article except by a written assignment in accordance with section
three, article five of chapter twenty-one of this code. This subsection applies
to any written or oral contract or agreement entered into, modified, renewed or
extended on or after July 1, 2017: Provided,
That the provisions of this subsection shall not otherwise apply to or
abrogate a written or oral contract or agreement or any provisions thereof in
effect on or before June 30, 2017. Provided,
however, That a violation of this
subsection is not subject to the civil and criminal penalties contained in this
section, but any such violation shall be governed by the provisions of article
five of chapter twenty-one of this code.
(n)
(p) Any person violating any provision of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than $1,000,
or confined in jail for not more than one year, or, both fined and confined.
(o)
The provisions of subsection (k) of this section, permitting contributions to a
campaign for or against a county or local government ballot issue shall become operable
on and after January 1, 2005.
(p)
(q) The limitations on contributions established by subsection (g) of
this section do not apply to contributions made for the purpose of supporting
or opposing a ballot issue, including a constitutional amendment.
?21-1A-4. Unfair labor practices.
(a) It shall be an unfair labor practice for an
employer:
(1) To interfere with, restrain or coerce employees
in the exercise of the rights guaranteed in section three of this article;
(2) To dominate or interfere with the formation or
administration of any labor organization or contribute financial or other
support to it: Provided, That an employer shall not be prohibited from permitting
employees to confer with him or her during working hours without loss of time
or pay;
(3) By discrimination in regard to hire or tenure
of employment or any term or condition of employment, to encourage or
discourage membership in any labor organization;
(4) To discharge or otherwise discriminate against
an employee because he or she has filed charges or given testimony under this
article; and
(5) To refuse to bargain collectively with the
representatives of his or her employees, subject to the provisions of
subsection (a), section five of this article.
(b) It shall be an unfair labor practice for a
labor organization or its agents:
(1) To restrain or coerce: (A) Employees in the
exercise of the rights guaranteed in section three of this article: Provided, That this subdivision shall
not impair the right of a labor organization to prescribe its own rules with
respect to the acquisition or retention of membership therein; or (B) an
employer in the selection of his or her representatives for the purposes of
collective bargaining or the adjustment of grievances;
(2) To cause or attempt to cause an employer to
discriminate against an employee in violation of subdivision (3), subsection
(a) of this section or to discriminate against an employee with respect to whom
membership in such organization has been denied or terminated on some ground
other than his or her failure to tender the periodic dues and the initiation
fees uniformly required as a condition of acquiring or retaining membership;
(3) To refuse to bargain collectively with an
employer, provided it is the representative of his or her employees subject to
the provisions of subsection (a), section five of this article;
(4) (i) To engage in, or induce or encourage any
individual employed by any person to engage in, a strike or a refusal in the
course of employment to use, manufacture, process, transport or otherwise
handle or work on any goods, articles, materials or commodities or to perform
any services; or (ii) to threaten, coerce or restrain any person, where in
either case an object thereof is:
(A) Forcing or requiring any employer or
self-employed person to join any labor or employer organization or to enter
into any agreement which is prohibited by subsection (e) of this section;
(B) Forcing or requiring any person to cease using,
selling, handling, transporting or otherwise dealing in the products of any
other producer, processor or manufacturer, or to cease doing business with any
other person, or forcing or requiring any other employer to recognize or
bargain with a labor organization as the representative of his or her employees
unless such labor organization has been certified as the representative of such
employees under the provisions of section five of this article: Provided,
That nothing contained in this paragraph may be construed to make unlawful,
where not otherwise unlawful, any primary strike or primary picketing;
(C) Forcing or requiring any employer to recognize
or bargain with a particular labor organization as the representative of his or
her employees if another labor organization has been certified as the
representative of such employees under the provisions of section five of this
article;
(D) Forcing or requiring any employer to assign
particular work to employees in a particular labor organization or in a
particular trade, craft or class rather than to employees in another labor
organization or in another trade, craft or class, unless such employer is
failing to conform to an order of certification of the board determining the
bargaining representative for employees performing such work: Provided,
That nothing contained in this subsection shall be construed to make unlawful a
refusal by any person to enter upon the premises of any employer (other than
his or her own employer), if the employees of such employer are engaged in a
strike ratified or approved by a representative of such employees whom such
employer is required by law to recognize;
(5) To require of employees covered by an agreement
authorized under subdivision (3), subsection (a) of this section, the payment,
as a condition precedent to becoming a member of such organization, of a fee in
an amount which the board finds excessive or discriminatory under all the
circumstances. In making such a finding, the board shall consider, among other
relevant factors, the practices and customs of labor organizations in the
particular industry, and the wages currently paid to the employees affected;
(6) To cause or attempt to cause an employer to pay
or deliver or agree to pay or deliver any money or other thing of value, in the
nature of an exaction, for services which are not performed or not to be
performed; and
(7) To picket or cause to be picketed, or threaten
to picket or cause to be picketed, any employer where an object thereof is
forcing or requiring an employer to recognize or bargain with a labor
organization as the representative of his or her employees, or forcing or
requiring the employees of an employer to accept or select such labor
organization as their collective bargaining representative, unless such labor
organization is currently certified as the representative of such employees:
(A) Where the employer has lawfully recognized in
accordance with this article any other labor organization and a question
concerning representation may not appropriately be raised under subsection (c),
section five of this article;
(B) Where within the preceding twelve months a
valid election under subsection (c), section five of this article has been
conducted; or
(C) Where such picketing has been conducted without
a petition under subsection (c), section five of this article being filed
within a reasonable period of time not to exceed fifteen days from the
commencement of such picketing: Provided,
That when such a petition has been filed the board shall forthwith, without
regard to the provisions of said subsection or the absence of a showing of a
substantial interest on the part of the labor organization, direct an election
in such unit as the board finds to be appropriate and shall certify the results
thereof. Nothing in this subdivision shall be construed to permit any act which
would otherwise be an unfair labor practice under this subsection.
(c) The expressing of any views, argument or opinion,
or the dissemination thereof, whether in written, printed, graphic or visual
form, shall not constitute or be evidence of an unfair labor practice, or be
prohibited under this article, if such expression contains no threat of
reprisal or force or promise of benefit.
(d) For the purposes of this section, to bargain
collectively is the performance of the mutual obligation of the employer and
the representative of the employees to meet at reasonable times and confer in
good faith with respect to wages, hours and other terms and conditions of
employment, or the negotiation of an agreement, or any question arising
thereunder, and the execution of a written contract incorporating any agreement
reached if requested by either party, but such obligation does not compel
either party to agree to a proposal or require the making a concession: Provided,
That where there is in effect a collective bargaining contract covering
employees, the duty to bargain collectively shall also mean that no party to
such contract shall terminate or modify such contract, unless the party
desiring such termination or modification:
(1) Gives a written notice to the other party of
the proposed termination or modification sixty days prior to the expiration
date thereof, or in the event such contract contains no expiration date, sixty
days prior to the time it is proposed to make such termination or modification;
(2) Offers to meet and confer with the other party
for the purpose of negotiating a new contract or a contract containing the proposed
modifications;
(3) Notifies the Commissioner of Labor of the
existence of a dispute;
(4) Continues in full force and effect, without
resorting to strike or lockout, all the terms and conditions of the existing
contract for a period of sixty days after such notice is given or until the
expiration date of such contract, whichever occurs later. The duties imposed
upon employers, employees and labor organizations by this subdivision and
subdivisions (2) and (3) of this subsection shall become inapplicable upon an
intervening certification of the board, under which the labor organization or
individual, which is a party to the contract, has been superseded as or ceased
to be the representative of the employees subject to the provisions of
subsection (a), section five of this article, and the duties so imposed shall
not be construed as requiring either party to discuss or agree to any
modification of the terms and conditions contained in a contract for a fixed
period, if such modification is to become effective before such terms and
conditions can be reopened under the provisions of the contract. Any employee
who engages in a strike within the sixty-day period specified in this
subsection shall lose his or her status as an employee of the employer engaged in
the particular labor dispute, for the purposes of this section and sections
three and five of this article, but such loss of status for such employee shall
terminate if and when he or she is reemployed by such employer.
(e) It shall be an unfair labor practice for any
labor organization and any employer to enter into any contract or agreement,
express or implied, whereby such employer ceases or refrains or agrees to cease
or refrain from handling, using, selling, transporting or otherwise dealing in
any of the products of any other employer, or to cease doing business with any
other person and any such contract or agreement entered into heretofore or
hereafter shall be to such extent unenforceable and void.
(f) It shall
be an unfair labor practice for any labor organization to use agency shop fees
paid by an individual who is not a member of the organization to make any
contributions or expenditures to influence an election or to operate a
political committee, unless affirmatively authorized by the individual. Any
such authorization is valid for no more than twelve months from the date it is
made by the individual. For purposes of this section, ?agency shop fees? shall
mean any dues, fees, assessments or other similar charges, however denominated,
of any kind or amount to the labor organization. Provided, That
the provisions of this subsection shall not otherwise apply to or abrogate a
written or oral contract or agreement or any provisions thereof in effect on or
before June 30, 2017.
?21-5-1. Definitions.
As
used in this article:
(a)
The term ?firm? includes any partnership, association, joint-stock company,
trust, division of a corporation, the administrator or executor of the estate
of a deceased individual, or the receiver, trustee or successor of any of the
same, or officer thereof, employing any person.
(b)
The term ?employee? or ?employees? includes any person suffered or permitted to
work by a person, firm or corporation.
(c)
The term ?wages? means compensation for labor or services rendered by an
employee, whether the amount is determined on a time, task, piece, commission
or other basis of calculation. As used in sections four, five, eight-a, ten and
twelve of this article, the term ?wages? shall also include then accrued fringe
benefits capable of calculation and payable directly to an employee: Provided,
That nothing herein contained shall require fringe benefits to be calculated
contrary to any agreement between an employer and his or her employees which
does not contradict the provisions of this article.
(d)
The term ?commissioner? means Commissioner of Labor or his or her designated
representative.
(e)
The term ?railroad company? includes any firm or corporation engaged primarily
in the business of transportation by rail.
(f)
The term ?special agreement? means an arrangement filed with and approved by
the commissioner whereby a person, firm or corporation is permitted upon a
compelling showing of good cause to establish regular paydays less frequently
than once in every two weeks: Provided, That in no event shall the
employee be paid in full less frequently than once each calendar month on a
regularly established schedule.
(g)
The term ?deductions? includes only those amounts required by law or
Court order to be withheld, and those amounts required by the
terms of an employer-sponsored or employer-provided plan or program providing
fringe benefits in which the employee is a participant. authorized for
union or club dues, pension plans, payroll savings plans, credit unions,
charities and hospitalization and medical insurance.
(h)
The term ?officer? shall include officers or agents in the management of a
corporation or firm who knowingly permit the corporation or firm to violate the
provisions of this article.
(i)
The term ?wages due? shall include at least all wages earned up to and
including the twelfth day immediately preceding the regular payday.
(j)
The term ?construction? means the furnishing of work in the fulfillment of a
contract for the construction, alteration, decoration, painting or improvement
of a new or existing building, structure, roadway or pipeline, or any part
thereof, or for the alteration, improvement or development of real property: Provided,
That construction performed for the owner or lessee of a single family dwelling
or a family farming enterprise is excluded.
(k)
The term ?minerals? means clay, coal, flagstone, gravel, limestone, manganese,
sand, sandstone, shale, iron ore and any other metallurgical ore.
(l)
The term ?fringe benefits? means any benefit provided an employee or group of
employees by an employer, or which is required by law, and includes, but is
not limited to, benefits provided pursuant to any welfare plan or pension plan,
subject to the Employee Retirement Income Security Act of 1974 in which the
employee is a participant, including, but not limited to, benefits for medical,
surgical or hospital care, sickness, accident, disability or death,
unemployment, vacation, holidays, apprenticeship or training, day care, education,
prepaid legal services, severance and retirement or post retirement. regular
vacation, graduated vacation, floating vacation, holidays, sick leave, personal
leave, production incentive bonuses, sickness and accident benefits and
benefits relating to medical and pension coverage.
(m)
The term ?employer? means any person, firm or corporation employing any
employee.
(n)
The term ?doing business in this state? means having employees actively engaged
in the intended principal activity of the person, firm or corporation in West
Virginia.
?21‑5‑3. Payment of wages by
employers other than railroads; assignments of wages.
(a)
Every person, firm or corporation doing business in this state, except railroad
companies as provided in section one of this article, shall settle with its
employees at least twice every month and with no more than nineteen days
between settlements, unless otherwise provided by special agreement, and pay
them the wages due, less authorized deductions and authorized wage assignments,
for their work or services.
(b)
Payment required in subsection (a) of this section shall be made:
(1)
In lawful money of the United States;
(2)
By cash order as described and required in section four of this article;
(3)
By deposit or electronic transfer of immediately available funds into an
employee?s payroll card account in a federally insured depository institution.
The term ?payroll card account? means an account in a federally insured
depository institution that is directly or indirectly established through an employer
and to which electronic fund transfers of the employee?s wages, salary,
commissions or other compensation are made on a recurring basis, whether the
account is operated or managed by the employer, a third‑party payroll
processor, a depository institution or another person. ?Payroll card? means a
card, code or combination thereof or other means of access to an employee?s
payroll card account, by which the employee may initiate electronic fund
transfers or use a payroll card to make purchases or payments. Payment of
employee compensation by means of a payroll card must be agreed upon in writing
by both the person, form or corporation paying the compensation and the person
being compensated; or
(4)
By any method of depositing immediately available funds in an employee?s demand
or time account in a bank, credit union or savings and loan institution that
may be agreed upon in writing between the employee and such person, firm or
corporation, which agreement shall specifically identify the employee, the financial
institution, the type of account and the account number: Provided, That
nothing herein contained shall be construed in a manner to require any person,
firm or corporation to pay employees by depositing funds in a financial
institution.
(c)
If, at any time of payment, any employee shall be absent from his or her
regular place of labor and shall not receive his or her wages through a duly
authorized representative, he or she shall be entitled to payment at any time
thereafter upon demand upon the proper paymaster at the place where his or her
wages are usually paid and where the next pay is due.
(d)
Nothing herein contained shall affect the right of an employee to assign part
of his or her claim against his or her employer except as in subsection (e) of
this section.
(e)
No assignment of or order for future wages shall be valid for a period
exceeding one year from the date of the assignment or order. An assignment or
order shall be acknowledged by the party making the same before a notary
public or other officer authorized to take acknowledgments, and any order or
assignment shall be in writing and specify thereon the total amount
due and collectible by virtue of the same and three fourths of the periodical
earnings or wages of the assignor shall at all times be exempt from such
assignment or order and no assignment or order shall be valid which does not so
state upon its face: Provided, That no such order or assignment shall be
valid unless the written acceptance of the employer of the assignor to the making
thereof is endorsed thereon: Provided, however, That nothing herein
contained shall be construed as affecting the right of employer and employees
to agree between themselves as to deductions to be made from the payroll of
employees. The changes to this section which were adopted by the West
Virginia Legislature in 2017 in SB239 apply to any written or oral contract or
agreement entered into, modified, renewed or extended on or after July 1, 2017:
Provided, That the provisions of this
subsection shall not otherwise apply to or abrogate a written or oral contract
or agreement or any provisions thereof in effect on or before June 30, 2017.;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com.
Sub. for Senate Bill 239?A Bill to amend and reenact ?3-8-12 of the Code of
West Virginia, 1931, as amended; to amend and reenact ?21-1A-4 of said code; to
amend and reenact ?21-5-1 of said code; and to amend and reenact ?21-5-3, all
relating to withholding or diverting an employee?s wages or salary; prohibiting
any person from coercing or intimidating any employee into making a political
contribution or engaging in any form of political activity; prohibiting
employers and any other persons responsible for the disbursement of wages and
salaries from withholding or diverting any portion of an employee?s wages or
salary for political activities without express, written authorization;
providing that the prohibition against withholding or diverting wages for political
activities applies to any written or oral contract or agreement entered into,
modified, renewed or extended on or after July 1, 2017, and shall not otherwise
apply or abrogate a written or oral contract or agreement in effect on or
before June 30, 2017; setting forth requirements for employees to provide
written authorization for disbursement of wages and salaries by an employer or
other person for political activities; defining the term ?agency shop fees?;
modifying definition of ?deductions? to include only those amounts required by
law or Court order to be withheld and employer-sponsored or employer-provided
plan; modifying the definition of ?deductions? to exclude amounts for union or
club dues, charities and other withholdings that are not employer-sponsored or
employer-provided plans; making it an unfair labor practice under the
Labor-Management Relations Act for the Private Sector for a labor organization
to use agency shop fees paid by nonmembers for political activities, unless
expressly authorized by the individual; removing the requirement that an
assignment or order be acknowledged by the party making the same before a
notary public or other official authorized to take acknowledgments; requiring
that an assignment or order shall be in writing; and providing that the changes
made to the assignment of wages during the 2017 West Virginia Legislature apply
to any written or oral contract or agreement entered into, modified, renewed or
extended on or after July 1, 2017, and shall not otherwise apply or abrogate a
written or oral contract or agreement in effect on or before June 30, 2017.
On motion of Senator
Engrossed
On the passage of the bill, 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 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.
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
288, Increasing penalty for crime of child abuse causing death by parent, guardian,
custodian or other person.
A message
from The Clerk of the House of Delegates announced the passage by a vote of a
majority of all the members elected to the House of Delegates taken by yeas and
nays, notwithstanding the objections of the Governor, of
Eng. Senate Bill 330, Relating
to WV Workplace Freedom Act.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended, and requested the concurrence of the Senate in the House of
Delegates
Eng. Com. Sub. for Senate Bill 388, Relating
to dangerous weapons.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting clause and inserting in lieu thereof the
following:
That
?61-7-11a and ?61-7-14 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, all to read as follows:
ARTICLE 7.
DANGEROUS WEAPONS.
?61-7-11a. Possessing deadly weapons on premises of
educational facilities; reports by school principals; suspension of driver?s
license; possessing deadly weapons on premises housing courts of law and family
law courts.
(a) The Legislature finds that the safety and welfare of the citizens of
this state are inextricably dependent upon assurances of safety for children
attending and persons employed by schools in this state and for persons
employed by the judicial department of this state. It is for the purpose of
providing assurances of safety that subsections (b), (g) and (h) of this
section and paragraph (I), subdivision (2), subsection (b) of this section
are enacted as a reasonable regulation of the manner in which citizens may
exercise the rights accorded to them pursuant to section twenty-two, article
three of the Constitution of the State of West Virginia.
(b) (1) It
is unlawful for a person to possess a firearm or other deadly weapon on a
school bus as defined in section one, article one, chapter seventeen-a of this
code, or in or on a public primary or secondary education building, structure,
facility or grounds including a vocational education building, structure,
facility or grounds where secondary vocational education programs are conducted
or at a school-sponsored function, or in or on a private primary or secondary
education building, structure or facility: Provided,
That it shall not be unlawful to possess a firearm or other deadly weapon on or
in a private primary or secondary education building, structure or facility
when such institution has adopted written policies allowing for possession of
firearms on or in the institution?s buildings, structures or facilities.
(2) This
subsection does not apply to:
(A) A
law-enforcement officer employed by a federal, state, county or municipal law-
enforcement agency;
(B) Any
probation officer appointed pursuant to section five, article twelve, chapter
sixty-two or chapter forty-nine of this code in the performance of his or her
duties;
(C) A
retired law-enforcement officer who:
(i) Is
employed by a state, county or municipal law-enforcement agency;
(ii) Is
covered for liability purposes by his or her employer;
(iii) Is
authorized by a county board of education and the school principal to serve as
security for a school;
(iv) Meets
all the requirements to carry a firearm as a qualified retired law-enforcement
officer under the Law-Enforcement Officer Safety Act of 2004, as amended,
pursuant to 18 U. S. C. ?926C(c); and
(v) Meets
all of the requirements for handling and using a firearm established by his or
her employer and has qualified with his or her firearm to those requirements;
(D) A person
specifically authorized by the Board of Education of the county or principal of
the school where the property is located to conduct programs with valid
educational purposes;
(E) A person
who, as otherwise permitted by the provisions of this article, possesses an
unloaded firearm or deadly weapon in a motor vehicle or leaves an unloaded
firearm or deadly weapon in a locked motor vehicle;
(F) Programs
or raffles conducted with the approval of the county board of education or
school which include the display of unloaded firearms;
(G) The
official mascot of West Virginia University, commonly known as the Mountaineer,
acting in his or her official capacity; or
(H) The
official mascot of Parkersburg South High School, commonly known as the
Patriot, acting in his or her official capacity; or
(I) Any
person, twenty-one years old or older, who has a valid concealed handgun permit
may possess a concealed handgun while in a motor vehicle in a parking lot,
traffic circle or other areas of vehicular ingress or egress to a public school:
Provided, That:
(i) when he
or she is occupying the vehicle the person stores the handgun out of view from
persons outside the vehicle; or
(ii) when he
or she is not occupying the vehicle the person stores the handgun out of view
from persons outside the vehicle, the vehicle is locked, and the handgun is in
a locked trunk, glove box or other interior compartment, or in a locked
container securely fixed to the vehicle.
(3) A person
violating this subsection is guilty of a felony and, upon conviction thereof,
shall be imprisoned in a state correctional facility for a definite term of
years of not less than two years nor more than ten years, or fined not more
than $5,000, or both fined and imprisoned.
(c) A school
principal subject to the authority of the State Board of Education who
discovers a violation of subsection (b) of this section shall report the
violation as soon as possible to:
(1) The
State Superintendent of Schools. The State Board of Education shall keep and
maintain these reports and may prescribe rules establishing policy and
procedures for making and delivering the reports as required by this
subsection; and
(2) The
appropriate local office of the State Police, county sheriff or municipal
police agency.
(d) In
addition to the methods of disposition provided by article five, chapter
forty-nine of this code, a court which adjudicates a person who is fourteen
years of age or older as delinquent for a violation of subsection (b) of this
section may order the Division of Motor Vehicles to suspend a driver?s license
or instruction permit issued to the person for a period of time as the court
considers appropriate, not to extend beyond the person?s nineteenth birthday.
If the person has not been issued a driver?s license or instruction permit by
this state, a court may order the Division of Motor Vehicles to deny the person?s
application for a license or permit for a period of time as the court considers
appropriate, not to extend beyond the person?s nineteenth birthday. A
suspension ordered by the court pursuant to this subsection is effective upon
the date of entry of the order. Where the court orders the suspension of a
driver?s license or instruction permit pursuant to this subsection, the court
shall confiscate any driver?s license or instruction permit in the adjudicated
person?s possession and forward to the Division of Motor Vehicles.
(e) (1) If a
person eighteen years of age or older is convicted of violating subsection (b)
of this section and if the person does not act to appeal the conviction within
the time periods described in subdivision (2) of this subsection, the person?s
license or privilege to operate a motor vehicle in this state shall be revoked
in accordance with the provisions of this section.
(2) The
clerk of the court in which the person is convicted as described in subdivision
(1) of this subsection shall forward to the commissioner a transcript of the
judgment of conviction. If the conviction is the judgment of a magistrate
court, the magistrate court clerk shall forward the transcript when the person
convicted has not requested an appeal within twenty days of the sentencing for
the conviction. If the conviction is the judgment of a circuit court, the
circuit clerk shall forward a transcript of the judgment of conviction when the
person convicted has not filed a notice of intent to file a petition for appeal
or writ of error within thirty days after the judgment was entered.
(3) If, upon
examination of the transcript of the judgment of conviction, the commissioner
determines that the person was convicted as described in subdivision (1) of
this subsection, the commissioner shall make and enter an order revoking the
person?s license or privilege to operate a motor vehicle in this state for a
period of one year or, in the event the person is a student enrolled in a
secondary school, for a period of one year or until the person?s twentieth
birthday, whichever is the greater period. The order shall contain the reasons
for the revocation and the revocation period. The order of suspension shall
advise the person that because of the receipt of the court?s transcript, a
presumption exists that the person named in the order of suspension is the same
person named in the transcript. The commissioner may grant an administrative
hearing which substantially complies with the requirements of the provisions of
section two, article five-a, chapter seventeen-c of this code upon a
preliminary showing that a possibility exists that the person named in the
notice of conviction is not the same person whose license is being suspended.
The request for hearing shall be made within ten days after receipt of a copy
of the order of suspension. The sole purpose of this hearing is for the person
requesting the hearing to present evidence that he or she is not the person
named in the notice. If the commissioner grants an administrative hearing, the
commissioner shall stay the license suspension pending the commissioner?s order
resulting from the hearing.
(4) For the
purposes of this subsection, a person is convicted when he or she enters a plea
of guilty or is found guilty by a court or jury.
(f) (1) It
is unlawful for a parent, guardian or custodian of a person less than eighteen
years of age who knows that the person is in violation of subsection (b) of
this section or has reasonable cause to believe that the person?s violation of
subsection (b) is imminent to fail to immediately report his or her knowledge
or belief to the appropriate school or law-enforcement officials.
(2) A person
violating this subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than $1,000, or shall be confined in jail not
more than one year, or both fined and confined.
(g) (1) It
is unlawful for a person to possess a firearm or other deadly weapon on the premises
of a court of law, including family courts.
(2) This
subsection does not apply to:
(A) A
law-enforcement officer acting in his or her official capacity; and
(B) A person
exempted from the provisions of this subsection by order of record entered by a
court with jurisdiction over the premises or offices.
(3) A person
violating this subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than $1,000, or shall be confined in jail not
more than one year, or both fined and confined.
(h) (1) It
is unlawful for a person to possess a firearm or other deadly weapon on the
premises of a court of law, including family courts, with the intent to commit
a crime.
(2) A person
violating this subsection is guilty of a felony and, upon conviction thereof,
shall be imprisoned in a state correctional facility for a definite term of
years of not less than two years nor more than ten years, or fined not more
than $5,000, or both fined and imprisoned.
(i) Nothing
in this section may be construed to be in conflict with the provisions of
federal law.
?61-7-14. Right of certain persons to limit
possession of firearms on premises
Notwithstanding
the provisions of this article, any owner, lessee or other person charged with
the care, custody and control of real property may prohibit the carrying openly
or concealed concealing of any firearm or deadly weapon on
property under his or her domain: Provided, That for purposes of this
section ?person? means an individual or any entity which may acquire title to
real property.
Any person
carrying or possessing a firearm or other deadly weapon on the property of
another who refuses to temporarily relinquish possession of such the
firearm or other deadly weapon, upon being requested to do so, or to leave such
the premises, while in possession of such the firearm or
other deadly weapon, shall be is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than $1,000 or confined in the
county jail not more than six months, or both: Provided, That the
provisions of this section shall do not apply to those persons
a person as set forth in subsections (3) through (6) of section six
of this code subdivisions (3) through (7), inclusive, subsection (a),
section six of this article while such persons are the person is
acting in an official capacity; and to a person as set forth in subdivisions
(1) through (8), inclusive, subsection (b) of said section, while the
person is acting in his or her official capacity: Provided, however,
That under no circumstances, except as provided for by the provisions of
paragraph (I), subdivision (2), subsection (b), section eleven-a of this
article, may any person possess or carry or cause the possession or
carrying of any firearm or other deadly weapon on the premises of any primary
or secondary educational facility in this state unless such the
person is a law-enforcement officer or he or she has the express written
permission of the county school superintendent.
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, 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.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced that that body had receded
from its amendments to, and the passage as amended by deletion, of
Eng. Com.
Sub. for Senate Bill 419, Creating
special revenue fund sources for Division of Labor to meet statutory
obligations.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage of
Eng. Senate Bill 433, Permitting
counties increase excise tax on privilege of transferring real property.
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
515, Relating to parole requirements for hearings and release.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended, to take effect
Eng. Com. Sub. for Senate Bill 523, Converting
to biweekly pay cycle for state employees.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting clause and inserting in lieu thereof the
following:
That ?4‑2A‑2
of the Code of West Virginia, 1931, as amended, be amended and reenacted; that
?11B‑2‑12 of said code be amended and reenacted; that ?12‑3‑12a
and ?12-3-13b of said code be amended and reenacted; that ?15‑2‑5
of said code be amended and reenacted; that ?18‑3‑1 of said code be
amended and reenacted; that ?20‑1‑5 of said code be amended and
reenacted; that ?20‑7‑1 of said code be amended and reenacted; that
?22C‑1‑4 of said code be amended and reenacted; that ?24‑1‑3
of said code be amended and reenacted; that ?24A‑6‑6 of said code
be amended and reenacted; that ?24B‑5‑2 of said code be amended and
reenacted; that ?25‑1‑19 of said code be amended and reenacted;
that ?31‑19‑4 of said code be amended and reenacted; that ?33‑2‑2
of said code be amended and reenacted; that ?50‑1‑8 and ?50‑1‑9
of said code be amended and reenacted; that ?51‑7‑3 and ?51‑7‑5
of said code be amended and reenacted; that ?51‑8‑2 of said code be
amended and reenacted; and that ?62‑12‑5 of said code be amended
and reenacted, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 2A. COMPENSATION
FOR AND EXPENSES OF MEMBERS OF THE LEGISLATURE.
?4‑2A‑2. Basic compensation for
services; proration.
(a)
Beginning in the calendar year 2009 and for each calendar year after that, each
member of the Legislature shall receive as basic compensation for his or her
services the sum of $20,000 per calendar year, to be paid as provided in
subsection (b) of this section. In addition to the basic compensation, members
shall receive the additional compensations as are expressly provided in
sections three, four and five of this article. All other increased amounts or
new amounts in respect to the compensation of members of the Legislature, set
forth in the resolution of the Citizens Legislative Compensation Commission,
dated January 9, 2007, and implemented in sections two, four, six and eight of
this article providing for new amounts or amounts increased to new amounts
greater than those in force and effect on January 1, 2007, become effective for
calendar year 2009 and each calendar year after that: Provided, That
increased amounts or new amounts in respect to the expenses of members of the
Legislature, set forth in said resolution, and implemented in sections six and
eight of this article providing for new amounts or amounts increased to new
amounts greater than those in force and effect on January 1, 2007, become
effective for calendar year 2008 and each calendar year after that.
(b) The
basic compensation is payable as follows:
(1) In the
year 2009, and every fourth year after that:
(A) Five
thousand dollars in each of February, March and April, payable at least
twice a per month; and
(B) Six
hundred twenty‑five dollars in each of January, May, June, July, August,
September, October and November, payable once a at least twice per
month;
(2)
Beginning in 2010, in all years except those described in subdivision (1) of
this subsection:
(A) Five
thousand dollars in each of January, February and March, payable at least
twice a per month; and
(B) Six
hundred twenty‑five dollars in each of April, May, June, July, August,
September, October and November, payable once a at least twice per
month.
(c) In the
event of the death, resignation or removal of a member of the Legislature and
the appointment and qualification of his or her successor, the compensation
provided in this section for the month in which the death, resignation or
removal of the member of the Legislature occurs shall be prorated between the
original member and his or her successor on the basis of the number of days
served, including Saturdays and Sundays in the month.
CHAPTER 11B. DEPARTMENT OF REVENUE.
ARTICLE 2. STATE BUDGET
OFFICE.
?11B‑2‑12. Submission of expenditure
schedules; contents; submission of information on unpaid obligations; copies to
Legislative Auditor.
(a) Prior to
the beginning of each fiscal year, the spending officer of a spending unit
shall submit to the secretary a detailed expenditure schedule for the ensuing
fiscal year. The schedule shall be submitted in such form and at such time as
the secretary may require. The schedule shall show:
(1) A
proposed monthly biweekly rate of expenditure for amounts
appropriated for personal services;
(2) Each and
every position budgeted under personal services for the next ensuing fiscal
year, with the monthly biweekly salary or compensation of each
position;
(3) A
proposed quarterly rate of expenditure for amounts appropriated for employee
benefits, current expenses, equipment and repairs and alterations classified by
a uniform system of accounting as called for in section twenty‑five of
this article for each item of every appropriation;
(4) A
proposed yearly plan of expenditure for amounts appropriated for buildings and
lands; and
(5) A
proposed quarterly plan of receipts itemized by type of revenue.
(b) The
secretary may accept a differently itemized expenditure schedule from a
spending unit to which the above itemizations are not applicable.
(c) The
secretary shall consult with and assist spending officers in the preparation of
expenditure schedules.
(d) Within
fifteen days after the end of each month of the fiscal year, the head of every
spending unit shall certify to the Legislative Auditor the status of
obligations and payments of the spending unit for amounts of employee benefits,
including, but not limited to, obligations and payments for social security
withholding and employer matching, public employees? insurance premiums and
public employees? retirement and Teachers Retirement Systems.
(e) In the
event the Legislative Auditor determines from certified reports or from other
sources that any spending unit is not making all payments and transfers for
employee benefits from funds appropriated for that purpose, the Legislative
Auditor shall notify the secretary of administration, Auditor and Treasurer of
the determination and thereafter no funds appropriated to the spending unit
shall be encumbered or expended for the salary or compensation to the head of
the spending unit until the Legislative Auditor determines that the payments or
transfers are being made on a timely basis.
(f) When a
spending officer submits an expenditure schedule to the secretary as required
by this section, the spending officer shall at the same time transmit a copy
thereof to the Legislative Auditor and the Joint Committee on Government and
Finance or its designee. If a spending officer of a spending unit fails to
transmit a copy to the Legislative Auditor on or before the beginning of the
fiscal year, the Legislative Auditor shall notify the secretary, Auditor and
Treasurer of the failure and thereafter no funds appropriated to the spending
unit shall be encumbered or expended until the spending officer thereof has
transmitted a copy to the Legislative Auditor.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS,
EXPENDITURES AND DEDUCTIONS.
?12‑3‑12a. Payment of salaries of
employees of West Virginia board of regents Higher Education Policy
Commission, Council for Community and Technical College Education and
institutions of higher education in twelve equal monthly installments over
the twenty‑six biweekly pay cycle.
Notwithstanding
the provisions of section twelve of this article, in the event that an employee
of the West Virginia board of regents Higher Education Policy
Commission, Council for Community and Technical College Education or of any
of the institutions which it governs they govern elects to
receive his or her salary in twelve equal monthly installments over
the complete twenty‑six biweekly pay cycle, warrants may be drawn for
the last two such installments in biweekly pay periods covering
the months of July and August following the fiscal year during which such
salary was earned: Provided, That such warrants have been encumbered by said
board of regents the commission, council or institution and the
Budget Office prior to June 30 of said fiscal year.
?12‑3‑13b. Voluntary deductions by
State Auditor from salaries of employees to pay association dues or fees and to
pay supplemental health and life insurance premiums.
Any officer
or employee of the State of West Virginia may authorize that a voluntary
deduction from his or her net wages be made for the payment of
membership dues or fees to an employee association. Voluntary deductions may
also be authorized by an officer or employee for any supplemental health and
life insurance premium, subject to prior approval by the Auditor. Such
deductions shall be authorized on a form provided by the Auditor of the State
of West Virginia and shall state: (a) The identity of the employee; (b) the
amount and frequency of such deductions; and (c) the identity and address of
the association or insurance company to which such dues shall be paid. Upon
execution of such authorization and its receipt by the office of the Auditor,
such deductions shall be made in the manner specified on the form and remitted
to the designated association or insurance company on the tenth day of each
month: Provided, That voluntary other deductions, as approved and
authorized by the Auditor, may be made in accordance with rules proposed by the
Auditor pursuant to article three, chapter twenty‑nine‑a of this
code: Provided, however, That deductions shall be made either once or
at least twice monthly. at the option of the employee.
Deduction authorizations may be revoked at any time thirty days prior to the
date on which the deduction is regularly made and on a form to be provided by
the office of the State Auditor: Provided further, That nothing in this
section shall interfere with or remove any existing arrangement for dues
deduction between an employer or any political subdivision of the state and its
employees.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA
STATE POLICE.
?15‑2‑5. Career progression system;
salaries; exclusion from wages and hour law, with supplemental payment; bond;
leave time for members called to duty in guard or reserves.
(a) The
superintendent shall establish within the West Virginia State Police a system
to provide for: The promotion of members to the supervisory ranks of sergeant,
first sergeant, second lieutenant and first lieutenant; the classification of
nonsupervisory members within the field operations force to the ranks of
trooper, senior trooper, trooper first class or corporal; the classification of
members assigned to the forensic laboratory as criminalist I‑VIII; and
the temporary reclassification of members assigned to administrative duties as
administrative support specialist I‑VIII.
(b) The
superintendent may propose legislative rules for promulgation in accordance
with article three, chapter twenty‑nine‑a of this code for the
purpose of ensuring consistency, predictability and independent review of any
system developed under the provisions of this section.
(c) The
superintendent shall provide to each member a written manual governing any
system established under the provisions of this section and specific procedures
shall be identified for the evaluation and testing of members for promotion or
reclassification and the subsequent placement of any members on a promotional
eligibility or reclassification recommendation list.
(d)
Beginning on July 1, 2011, members shall receive annual salaries payable at
least twice per month as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During
Training???????????? $ 2,833 Mo. ??????????????????????????????????????????????????? ??????$ 33,994
Cadet
Trooper After Training????????????? $
3,438 Mo. ??????????????????????????????????????? ??????$ 41,258
Trooper Second Year............................................................................................. 42,266
Trooper Third Year................................................................................................. 42,649
Senior Trooper........................................................................................................ 43,048
Trooper First Class................................................................................................. 43,654
Corporal.................................................................................................................. 44,260
Sergeant................................................................................................................. 48,561
First Sergeant......................................................................................................... 50,712
Second Lieutenant.................................................................................................. 52,862
First Lieutenant....................................................................................................... 55,013
Captain.................................................................................................................... 57,164
Major....................................................................................................................... 59,314
Lieutenant Colonel.................................................................................................. 61,465
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST
CLASSIFICATION
I .............................................................................................................................. 42,266
II ............................................................................................................................. 43,048
III ............................................................................................................................ 43,654
IV ............................................................................................................................ 44,260
V ............................................................................................................................. 48,561
VI ............................................................................................................................ 50,712
VII ........................................................................................................................... 52,862
VIII .......................................................................................................................... 55,013
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I .............................................................................................................................. 42,266
II ............................................................................................................................. 43,048
III ............................................................................................................................ 43,654
IV ............................................................................................................................ 44,260
V ............................................................................................................................. 48,561
VI ............................................................................................................................ 50,712
VII ........................................................................................................................... 52,862
VIII .......................................................................................................................... 55,013
Each member of
the West Virginia State Police whose salary is fixed and specified in this
annual salary schedule is entitled to the length of service increases set forth
in subsection (e) of this section and supplemental pay as provided in
subsection (g) of this section.
(e) Each
member of the West Virginia State Police whose salary is fixed and specified
pursuant to this section shall receive, and is entitled to, an increase in
salary over that set forth in subsection (d) of this section for grade in rank,
based on length of service, including that service served before and after the
effective date of this section with the West Virginia State Police as follows:
Beginning on January 1, 2015 and continuing thereafter, at the end of two years
of service with the West Virginia State Police, the member shall receive a
salary increase of $500 to be effective during his or her next year of service
and a like increase at yearly intervals thereafter, with the increases to be
cumulative.
(f) In
applying the salary schedules set forth in this section where salary increases
are provided for length of service, members of the West Virginia State Police
in service at the time the schedules become effective shall be given credit for
prior service and shall be paid the salaries the same length of service
entitles them to receive under the provisions of this section.
(g) The
Legislature finds and declares that because of the unique duties of members of
the West Virginia State Police, it is not appropriate to apply the provisions
of state wage and hour laws to them. Accordingly, members of the West Virginia
State Police are excluded from the provisions of state wage and hour law. This
express exclusion shall not be construed as any indication that the members
were or were not covered by the wage and hour law prior to this exclusion.
In lieu of
any overtime pay they might otherwise have received under the wage and hour
law, and in addition to their salaries and increases for length of service,
members who have completed basic training and who are exempt from federal Fair
Labor Standards Act guidelines may receive supplemental pay as provided in this
section.
The
authority of the superintendent to propose a legislative rule or amendment
thereto for promulgation in accordance with article three, chapter twenty‑nine‑a
of this code to establish the number of hours per month which constitute
the standard work month pay period for the members of the West
Virginia State Police is hereby continued. The rule shall further establish, on
a graduated hourly basis, the criteria for receipt of a portion or all of
supplemental payment when hours are worked in excess of the standard work
month pay period. The superintendent shall certify monthly at
least twice per month to the West Virginia State Police?s payroll officer
the names of those members who have worked in excess of the standard work
month pay period and the amount of their entitlement to supplemental
payment. The supplemental payment may not exceed $400 monthly $200.00
per pay period. The superintendent and civilian employees of the West
Virginia State Police are not eligible for any supplemental payments.
(h) Each
member of the West Virginia State Police, except the superintendent and
civilian employees, shall execute, before entering upon the discharge of his or
her duties, a bond with security in the sum of $5,000 payable to the State of
West Virginia, conditioned upon the faithful performance of his or her duties,
and the bond shall be approved as to form by the Attorney General and as to sufficiency
by the Governor.
(i) In
consideration for compensation paid by the West Virginia State Police to its
members during those members? participation in the West Virginia State Police
Cadet Training Program pursuant to section eight, article twenty‑nine,
chapter thirty of this code, the West Virginia State Police may require of its
members by written agreement entered into with each of them in advance of such
participation in the program that, if a member should voluntarily discontinue
employment any time within one year immediately following completion of the
training program, he or she shall be obligated to pay to the West Virginia
State Police a pro rata portion of such compensation equal to that part of such
year which the member has chosen not to remain in the employ of the West
Virginia State Police.
(j) Any
member of the West Virginia State Police who is called to perform active duty
training or inactive duty training in the National Guard or any reserve
component of the armed forces of the United States annually shall be granted,
upon request, leave time not to exceed thirty calendar days for the purpose of
performing the active duty training or inactive duty training and the time
granted may not be deducted from any leave accumulated as a member of the West
Virginia State Police.
CHAPTER 18. EDUCATION.
ARTICLE 3. STATE
SUPERINTENDENT OF SCHOOLS.
?18‑3‑1. Appointment; qualifications;
compensation; traveling expenses; office and residence; evaluation.
There shall
be appointed by the state board a State Superintendent of Schools who serves at
the will and pleasure of the state board. He or she shall be a person of good
moral character, shall be able to perform the duties listed in this article and
possess such other educational, administrative, experiential and other
qualifications as determined by the State Board of Education. He or she shall
hold at least a master?s degree from a regionally accredited institution of
higher education or equivalent degree as determined by the state board. He or
she shall receive an annual salary set by the state board, to be paid monthly
at least twice per month. The state superintendent also shall receive
necessary traveling expenses incident to the performance of his or her duties
to be paid out of the General School Fund upon warrants of the State Auditor.
The state superintendent shall have his or her office at the state Capitol. The
state board shall report to the Legislative Oversight Commission on Education
Accountability upon request concerning its progress during any hiring process
for a state superintendent.
The state
board annually shall evaluate the performance of the state superintendent and
publicly announce the results of the evaluation.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION
AND ADMINISTRATION.
?20‑1‑5. Salary, expenses, oath and
bond of director.
The director
shall receive an annual salary as provided in section two‑a, article
seven, chapter six of this code, payable in equal monthly installments at
least twice per month and shall be allowed and paid necessary expenses
incident to the performance of his or her official duties. Prior to the
assumption of the duties of his or her office, he or she shall take and
subscribe to the oath required of public officers by the Constitution of West Virginia
and shall execute a bond, with surety approved by the Governor, in the penal
sum of $10,000, which executed oath and bond shall be filed in the office of
the Secretary of State. Premiums on the bond shall be paid from division funds.
ARTICLE 7. LAW ENFORCEMENT,
MOTORBOATING, LITTER.
?20‑7‑1. Chief natural resources police
officer; natural resources police officers; special and emergency natural
resources police officers; subsistence allowance; expenses.
(a) The
division?s law‑enforcement policies, practices and programs are under the
immediate supervision and direction of the division law‑enforcement
officer selected by the director and designated as chief natural resources
police officer as provided in section thirteen, article one of this chapter.
(b) Under
the supervision of the director, the chief natural resources police officer
shall organize, develop and maintain law‑enforcement practices, means and
methods geared, timed and adjustable to seasonal, emergency and other needs and
requirements of the division?s comprehensive natural resources program. All
division personnel detailed and assigned to law‑enforcement duties and
services under this section shall be known and designated as natural resources
police officers and are under the immediate supervision and direction of the
chief natural resources police officer except as otherwise provided. All
natural resources police officers shall be trained, equipped and conditioned
for duty and services wherever and whenever required by division law‑enforcement
needs. The chief natural resources police officer may also assign natural
resources police officers to perform law‑enforcement duties on any trail,
grounds, appurtenant facility or other areas accessible to the public within
the Hatfield‑McCoy Recreation Area, under agreement that the Hatfield‑McCoy
Regional Recreation Authority, created pursuant to article fourteen of this
chapter, shall reimburse the division for salaries paid to the officers and
shall either pay directly or reimburse the division for all other expenses of
the officers in accordance with actual or estimated costs determined by the
chief natural resources police officer.
(c) The
chief natural resources police officer, acting under supervision of the
director, is authorized to select and appoint emergency natural resources
police officers for a limited period for effective enforcement of the
provisions of this chapter when considered necessary because of emergency or
other unusual circumstances. The emergency natural resources police officers
shall be selected from qualified civil service personnel of the division,
except in emergency situations and circumstances when the director may
designate officers, without regard to civil service requirements and
qualifications, to meet law‑enforcement needs. Emergency natural
resources police officers shall exercise all powers and duties prescribed in
section four of this article for full‑time salaried natural resources
police officers except the provisions of subdivision (8), subsection (b) of
said section.
(d) The
chief natural resources police officer, acting under supervision of the
director, is also authorized to select and appoint as special natural resources
police officers any full‑time civil service employee who is assigned to,
and has direct responsibility for management of, an area owned, leased or under
the control of the division and who has satisfactorily completed a course of
training established and administered by the chief natural resources police
officer, when the action is considered necessary because of law‑enforcement
needs. The powers and duties of a special natural resources police officer,
appointed under this provision, is the same within his or her assigned area as
prescribed for full‑time salaried natural resources police officers. The
jurisdiction of the person appointed as a special natural resources police
officer, under this provision, shall be limited to the division area or areas
to which he or she is assigned and directly manages.
(e) The
Director of the Division of Forestry is authorized to appoint and revoke
Division of Forestry special natural resources police officers who are full‑time
civil service personnel who have satisfactorily completed a course of training
as required by the Director of the Division of Forestry. The jurisdiction,
powers and duties of Division of Forestry special natural resources police
officers are set forth by the Director of the Division of Forestry pursuant to
article three of this chapter and articles one‑a and one‑b, chapter
nineteen of this code.
(f) The
chief natural resources police officer, with the approval of the director, has
the power and authority to revoke any appointment of an emergency natural
resources police officer or of a special natural resources police officer at
any time.
(g) Natural
resources police officers are subject to seasonal or other assignment and
detail to duty whenever and wherever required by the functions, services and
needs of the division.
(h) The
chief natural resources police officer shall designate the area of primary
residence of each natural resources police officer, including himself or
herself. Since the area of business activity of the division is actually
anywhere within the territorial confines of the State of West Virginia, actual
expenses incurred shall be paid whenever the duties are performed outside the
area of primary assignment and still within the state.
(i) Natural
resources police officers shall receive, in addition to their base pay salary,
a minimum monthly biweekly subsistence allowance for their
required telephone service, dry cleaning or required uniforms, and meal
expenses while performing their regular duties in their area of primary
assignment in the amount of $130 each month $60 per biweekly pay.
This subsistence allowance does not apply to special or emergency natural
resources police officers appointed under this section.
(j) After
June 30, 2010, all those full‑time law‑enforcement officers
employed by the Division of Natural Resources as conservation officers shall be
titled and known as natural resources police officers. Wherever used in this
code the term ?conservation officer?, or its plural, means ?natural resources
police officer?, or its plural, respectively.
(k)
Notwithstanding any provision of this code to the contrary, the provisions of
subdivision (6), subsection c, section twelve, article twenty‑one,
chapter eleven of this code are inapplicable to pensions of natural resources
police officers paid through the Public Employees Retirement System.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES,
COMMISSIONS AND COMPACTS.
ARTICLE 1. WATER
DEVELOPMENT AUTHORITY.
?22C‑1‑4. Water Development Authority;
Water Development Board; organization of authority and board; appointment of
board members; their term of office, compensation and expenses; Director of
Authority; compensation.
(a) The
Water Development Authority is continued. The authority is a governmental
instrumentality of the state and a body corporate. The exercise by the
authority of the powers conferred by this article and the carrying out of its
purposes and duties are essential governmental functions and for a public
purpose.
(b) The
authority is controlled, managed and operated by a seven‑member board
known as the Water Development Board. The Governor or designee, the secretary
of the Department of Environmental Protection or designee and the Commissioner
of the Bureau for Public Health or designee are members ex officio of the
board. Four members are appointed by the Governor, by and with the advice and
consent of the Senate, for six‑year terms, which are staggered in
accordance with the initial appointments under prior enactment of this section.
In the event of a vacancy, appointments are filled in the same manner as the
original appointment for the remainder of the unexpired term. A member
continues to serve until the appointment and qualification of the successor.
More than two appointed board members may not at any one time belong to the
same political party. Appointed board members may be reappointed to serve
additional terms.
(c) All
members of the board shall be citizens of the state. Each appointed member of
the board, before entering upon his or her duties, shall comply with the
requirements of article one, chapter six of this code and give bond in the sum
of $25,000 in the manner provided in article two of said chapter. The Governor
may remove any board member for cause as provided in article six of said
chapter.
(d) The
Governor or designee serves as chair. The board annually elects one of its
appointed members as vice chair and appoints a secretary‑treasurer, who
need not be a member of the board. Four members of the board is a quorum and
the affirmative vote of four members is necessary for any action taken by vote
of the board. A vacancy in the membership of the board does not impair the
rights of a quorum by such vote to exercise all the rights and perform all the
duties of the board and the authority. The person appointed as secretary‑treasurer,
including a board member if so appointed, shall give bond in the sum of $50,000
in the manner provided in article two, chapter six of this code.
(e) The
Governor or designee, the Secretary of the Department of Environmental
Protection and the Commissioner of the Bureau for Public Health do not receive
compensation for serving as board members. Each appointed member receives an
annual salary of $12,000, payable in monthly installments at least
twice per month. Each of the seven board members is reimbursed for all
reasonable and necessary expenses actually incurred in the performance of
duties as a member of the board in a manner consistent with guidelines of the
Travel Management Office of the Department of Administration. All expenses
incurred by the board are payable solely from funds of the authority or from
funds appropriated for that purpose by the Legislature. Liability or obligation
is not incurred by the authority beyond the extent to which moneys are
available from funds of the authority or from such appropriations.
(f) There is
a director of the authority appointed by the Governor, with the advice and
consent of the Senate, who serves at the Governor?s will and pleasure. The
director is responsible for managing and administering the daily functions of
the authority and for performing other functions necessary to the effective
operation of the authority. The compensation of the director is fixed annually
by the board.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL
PROVISIONS.
?24‑1‑3. Commission continued;
membership; chairman; compensation; quorum.
(a) The
Public Service Commission of West Virginia is continued and directed as
provided by this chapter, chapter twenty‑four‑a, chapter twenty‑four‑b
and chapter twenty‑four‑d of this code. The Public Service
Commission may sue and be sued by that name.
(b) The
Public Service Commission shall consist of three members who shall be appointed
by the Governor, with the advice and consent of the Senate. The commissioners
shall be citizens and residents of this state and at least one of them shall be
duly licensed to practice law in West Virginia, with not less than ten years?
actual work experience in the legal profession as a member of a State Bar.
(c) No more
than two of the commissioners shall be members of the same political party.
(d) Each
commissioner shall, before entering upon the duties of his or her office, take
and subscribe to the oath provided by section five, article IV of the
Constitution of West Virginia. The oath shall be filed in the office of the
Secretary of State.
(e) The
Governor shall designate one of the commissioners to serve as chairman at the
Governor?s will and pleasure. The chairman shall be the chief administrative
officer of the commission. The Governor may remove any commissioner only for
incompetency, neglect of duty, gross immorality, malfeasance in office or
violation of subsections (g) and (h) of this section.
(f) Upon
expiration of the terms, appointments are for terms of six years, except that
an appointment to fill a vacancy is for the unexpired term only.
(g) No
person while in the employ of, or holding any official relation to, any public
utility subject to the provisions of this chapter or holding any stocks or
bonds of a public utility subject to the provisions of this chapter or who is
pecuniarily interested in a public utility subject to the provisions of this
chapter may serve as a member of the commission or as an employee of the
commission.
(h) Nor may
any commissioner be a candidate for or hold public office or be a member of any
political committee while acting as a commissioner; nor may any commissioner or
employee of the commission receive any pass, free transportation or other thing
of value, either directly or indirectly, from any public utility or motor
carrier subject to the provisions of this chapter. In case any of the
commissioners becomes a candidate for any public office or a member of any
political committee, the Governor shall remove him or her from office and shall
appoint a new commissioner to fill the vacancy created.
(i) The
annual salary of each commissioner provided in section two‑a, article
seven, chapter six of this code shall be paid in monthly installments at
least twice per month from the special funds in the percentages that
follow:
(1) From the
Public Service Commission Fund collected under the provisions of section six,
article three of this chapter, eighty percent;
(2) From the
Public Service Commission Motor Carrier Fund collected under the provisions of
section six, article six, chapter twenty‑four‑a of this code,
seventeen percent; and
(3) From the
Public Service Commission Gas Pipeline Safety Fund collected under the
provisions of section three, article five, chapter twenty‑four‑b of
this code, three percent.
(j) In
addition to the salary provided for all commissioners in section two‑a,
article seven, chapter six of this code, the chairman of the commission shall
receive $5,000 per annum to be paid in monthly installments at least
twice per month from the Public Service Commission Fund collected under the
provisions of section six, article three of this chapter.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
ARTICLE 6. DUTIES AND
PRIVILEGES OF MOTOR CARRIERS SUBJECT TO REGULATION OF THE COMMISSION.
?24A‑6‑6. Special annual assessment
against motor carriers for expenses of administering chapter; Public Service
Commission Motor Carrier Fund.?
In addition
to the license fees, registration fees, or any other taxes required by law to
be collected from motor carriers subject to this chapter, each such motor
carrier shall be subject to, and shall pay to the Public Service Commission, a
special annual assessment for the purpose of paying the salaries, compensation,
costs and expenses of administering and enforcing this chapter. All proceeds or
funds derived from such assessment shall be paid into the State Treasury and
credited to a special fund, designated Public Service Commission Motor Carrier
Fund, to be appropriated as provided by law for the purposes herein stated.
Each member of the commission shall receive a salary in the amount set forth in
section three, article one, chapter twenty‑four of this code as
compensation for the administration of this chapter in addition to all other
salary or compensation otherwise provided by law, to be paid in monthly
installments from said fund at least twice per month. The special
assessment against each motor carrier shall be apportioned upon the number and
capacity of motor vehicles used by said carrier, computed as hereinafter
provided.
(a) For each uniform identification card ............................................. $
3.00
(b) Upon
each power unit of such carriers of property, in accordance with its capacity
as rated by its manufacturer, in addition to amount of subdivision (a):
of one ton or less capacity................................................................... $
9.00
of over one to one and one‑half tons capacity
.................................... 13.50
of over one and one‑half tons to two tons
capacity ............................ 18.00
of over two tons to three tons capacity ............................................... 22.50
of over three tons to four tons capacity................................................ 27.00
of over four tons to five tons capacity .................................................. 31.50
of over five tons to six tons capacity ................................................... 36.00
of over six tons to seven tons capacity .............................................. .40.50
of over seven tons to eight tons capacity ............................................ 45.00
of over eight tons to nine tons capacity ............................................... 49.50
of over nine tons to ten tons capacity .................................................. 54.00
of over ten
tons capacity, $54.00 plus $4.50 for each additional ton of capacity in
excess of
ten tons.
(c) Upon
each trailer and semitrailer of such carriers of property, in accordance with
its capacity as rated by its manufacturer, in an amount of two thirds of the
amount provided for vehicles of its capacity in subdivision (b) of this
section.
(d) Upon
each power unit of such carriers of passengers, in accordance with the seating
capacity thereof, in addition to amount in subdivision (a):
of ten passengers or less .................................................................. $13.50
of eleven to twenty passengers, inclusive ........................................... 22.50
of twenty‑one to thirty passengers, inclusive
...................................... 31.50
of thirty‑one to forty passengers, inclusive .......................................... 45.00
of over forty passengers ...................................................................... 54.00
(e) The
annual assessment of each motor carrier shall be paid on or before July 1 of
each year. Additional assessments shall be collected upon the placing in use of
any additional motor vehicle: Provided, That such additional assessments
shall be subject to a reduction in the amounts shown in subdivisions (b), (c)
and (d) of this section corresponding to the unexpired quarterly periods of the
fiscal year, but shall not in any event be less than one fourth of such amount
plus the sum of $3 provided in subdivision (a) of this section.
(f) Upon
payment by any motor carrier of the assessment provided for, the Public Service
Commission shall advise the Division of Motor Vehicles by notice in writing
that such assessment has been paid, whereupon the Division of Motor Vehicles
may issue motor vehicle license for the vehicles described in said notice.
(g) Prior to
the beginning of any fiscal year the Public Service Commission, after taking
into consideration any unexpended balance in the Motor Carrier Fund, the
probable receipts to be received in the ensuing fiscal year, and the probable
costs of administering and enforcing this chapter for the ensuing fiscal year,
may fix the assessments provided for in this section for the ensuing fiscal
year in amounts which, in the commission?s judgment, will produce sufficient
revenue to administer and enforce this chapter for said fiscal year: Provided,
That in no event shall such assessments exceed the amounts set up in this section.
CHAPTER 24B. GAS PIPELINE SAFETY.
ARTICLE 5. EMPLOYEES OF
COMMISSION; FUNDING.
?24B‑5‑2. Compensation to
commissioners.
Each member
of the commission shall receive a salary in the amount set forth in section
three, article one, chapter twenty‑four of this code as compensation for
the administration of this chapter in addition to all other salary or
compensation otherwise provided for by law, to be paid in monthly
installments at least twice per month from the Public Service
Commission Pipeline Safety Fund.
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION,
INSTITUTIONS AND CORRECTIONS MANAGEMENT.
?25‑1‑19. Reports by state
commissioner of public institutions Commissioner of Corrections and
chief officers of institutions to Auditor.
The state
commissioner of public institutions Commissioner of Corrections
shall, from time to time, as may be necessary, make a report to the Auditor,
which shall state the name of each person employed at any of the institutions
named in section three of this article, his or her official designation
and biweekly rate of compensation, per month (or by the day or
week, if employed for less than a month) and out of what funds or
appropriation the same is payable. The chief officer of any such institution,
or other person who may have been appointed for the purpose by the state
commissioner of public institutions Commissioner of Corrections,
shall make out and certify to the Auditor at the end of each month a list of
persons to whom any payments may be due, stating for what purpose due, the
amount due each person, and the fund or appropriation from which payable; one
copy whereof shall be filed in the office of the institution where made, and
one in the office of the state commissioner of public institutions Commissioner
of Corrections. If the Auditor finds such list correct and in accordance
with the reports made to him or her by the state commissioner of
public institutions Commissioner of Corrections, he or she
may pay to the persons entitled thereto the amounts so certified as due each.
CHAPTER 31. CORPORATIONS.
ARTICLE 19. WEST VIRGINIA
COMMUNITY INFRASTRUCTURE AUTHORITY.
?31‑19‑4. West Virginia Community
Infrastructure Authority created; West Virginia Community Infrastructure Board
created; organization of Authority and Board; appointment of board members;
their term of office, compensation and expenses; duties and responsibilities of
director and staff of authority.
(a) There is
hereby created the West Virginia Community Infrastructure Authority. The
authority is a governmental instrumentality of the state and a body corporate.
The exercise by the authority of the powers conferred by this article and the
carrying out of its purposes and duties are essential governmental functions
and for a public purpose.
The
authority shall be controlled, managed and operated by the five-member board
known as the West Virginia Community Infrastructure Board, which is hereby
created. The Director of the West Virginia Development Office, or her or his
designee, the Director of the Division of Environmental Protection, or her or
his designee, and the Commissioner of the Division of Highways, or her or his
designee, are members ex officio of the board. The Executive Director of the
West Virginia Development Office, or her or his designee, is the ex officio
chair. Two members of the board shall be representative of the general public,
one of which shall have had experience or a demonstrated interest in local
government. The two members who are not ex officio members of the board shall
be appointed by the Governor, by and with the advice and consent of the Senate,
for initial terms of three and six years, respectively. The successor of each
such appointed member shall be appointed for a term of six years in the same
manner as the original appointments were made, except that any person appointed
to fill a vacancy occurring prior to the expiration of the term for which her
or his predecessor was appointed shall be appointed only for the remainder of
such term. Each board member shall serve until the appointment and
qualification of her or his successor. The two appointed board members shall
not at any one time belong to the same political party. Appointed board members
may be reappointed to serve additional terms, not to exceed two consecutive
full terms. All members of the board shall be citizens of the state. Each
appointed member of the board, before entering upon her or his duties, shall
comply with the requirements of article one, chapter six of this code and give
bond in the sum of $20,000 in the manner provided in article two, chapter six
of this code. The Governor may remove any board member for cause as provided in
article six, chapter six of this code.
Annually the
board shall elect one of its appointed members as chair, and shall appoint a
secretary‑treasurer, who need not be a member of the board. Three members
of the board is a quorum and the affirmative vote of three members is necessary
for any action taken by vote of the board. No vacancy in the membership of the
board impairs the rights of a quorum by such vote to exercise all the rights
and perform all the duties of the board and the authority. The person appointed
as secretary‑treasurer, including a board member if she or he is so
appointed, shall give bond in the sum of $50,000 in the manner provided in
article two, chapter six of this code.
The
Executive Director of the West Virginia Development Office or her or his
designee, the Director of the Division of Environmental Protection or her or
his designee, and the Commissioner of the Division of Highways or her or his
designee, shall not receive any compensation for serving as board members. Each
of the two appointed board members of the board shall receive an annual salary
of $5,000, payable in monthly installments at least twice per month.
Each of the five board members shall be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of her or his duties as
a member of such board. All such expenses incurred by the board are payable
solely from funds of the authority or from funds appropriated for such purpose
by the Legislature and no liability or obligation shall be incurred by the
authority beyond the extent for which moneys are available from funds of the
authority or from such appropriations.
(b) There
shall be a director of the authority appointed by the board who shall supervise
and manage the Community Infrastructure Authority, and the West Virginia
Development Office shall serve as the staff for the authority. Except as
otherwise provided in this section, the duties and responsibilities of the
director and of the staff shall be established by the authority. At the board?s
discretion, it may provide for the position of general counsel, who shall be an
employee of the authority, or for the appointment of special counsel. As the
board deems necessary and desirable, it may at any time elect to change its
decision on the employment or appointment of a counsel.
(c) The
director, or her or his designee, may employ or appoint any staff members in
addition to those provided by the West Virginia Development Office, including
general or special counsel if the position is established by the board. The
number of employees needed, the positions to be filled and their salaries or
wages shall be determined by the director with the approval of the board,
unless the board elects to not require its approval. At any time the board may
elect to change its decision concerning approval of additional staff hiring and
salaries.
(d) The
board shall meet at least quarterly, and more often as it deems necessary. The
director and any other staff member or members as the director deems expedient
shall attend board meetings.
chapter 33. insurance.
ARTICLE 2. INSURANCE
COMMISSIONER.
?33‑2‑2. Compensation and expenses of
commissioner and employees; location of office.
The
commissioner shall receive an annual salary as provided in section two‑a,
article seven, chapter six of this code and actual expenses incurred in the
performance of official business, which compensation shall be in full for all
services. The office of the commissioner shall be maintained in the Capitol or
other suitable place in Charleston. The commissioner may employ such persons
and incur such expenses as may be necessary in the discharge of his or her
duties and shall fix the compensation of such employees, but such compensation
shall not exceed the appropriation therefor. The commissioner may reimburse
employees for reasonable expenses incurred for job‑related training and
educational seminars and courses. All compensation for salaries and expenses of
the commissioner and his or her employees shall be paid monthly at
least twice per month out of the State Treasury by requisition upon the
Auditor, properly certified by the commissioner.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND
OFFICERS.
?50‑1‑8. Magistrate court clerks;
salaries; duties; duties of circuit clerk.
(a) In each
county having three or more magistrates the judge of the circuit court or the
chief judge of the circuit court, if there is more than one judge of the
circuit court, shall appoint a magistrate court clerk. In all other counties
the judge may appoint a magistrate court clerk or may by rule require the
duties of the magistrate court clerk to be performed by the clerk of the
circuit court, in which event the circuit court clerk is entitled to additional
compensation in the amount of $2,500 per year. The magistrate court clerk
serves at the will and pleasure of the circuit judge.
(b)
Magistrate court clerks shall be paid a monthly salary at least twice
per month by the state. Magistrate court clerks serving magistrates who
serve less than seven thousand three hundred in population shall be paid up to
$39,552 per year and magistrate court clerks serving magistrates who serve
seven thousand three hundred or more in population shall be paid up to $44,712
per year: Provided, That after the effective date of this
section, any general salary increase granted to all state employees, whose
salaries are not set by statute, expressed as a percentage increase or an
across‑the‑board increase, may also be granted to magistrate court
clerks. For the purpose of determining the population served by each
magistrate, the number of magistrates authorized for each county shall be
divided into the population of each county. The salary of the magistrate court
clerk shall be established by the judge of the circuit court, or the chief
judge of the circuit court if there is more than one judge of the circuit
court, within the limits set forth in this section.
(c) In
addition to other duties that may be imposed by the provisions of this chapter
or by the rules of the Supreme Court of Appeals or the judge of the circuit
court or the chief judge of the circuit court if there is more than one judge
of the circuit court, it is the duty of the magistrate court clerk to establish
and maintain appropriate dockets and records in a centralized system for the
magistrate court, to assist in the preparation of the reports required of the
court and to carry out on behalf of the magistrates or chief magistrate if a
chief magistrate is appointed, the administrative duties of the court.
(d) The
magistrate court clerk, or if there is no magistrate court clerk in the county,
the clerk of the circuit court, may issue all manner of civil process and
require the enforcement of subpoenas and subpoenas duces tecum in magistrate
court.
(e)
Notwithstanding any provision of this code to the contrary, the amendments made
to this section during the 2013 first extraordinary session are effective upon
passage and are retroactive to January 1, 2013.
(f)
Beginning January 1, 2017, the annual salary of all magistrate court clerks is
$44,720. After the effective date of this section, a general salary increase
granted to state employees, whose salaries are not set by statute, expressed as
a percentage increase or an across‑the‑board increase, may also be
granted to magistrate court clerks.
?50‑1‑9. Magistrate assistants; salary;
duties.
(a) In each
county there shall be one magistrate assistant for each magistrate. Each
magistrate assistant shall be appointed by the magistrate under whose authority
and supervision and at whose will and pleasure he or she shall serve. The
assistant shall not be a member of the immediate family of any magistrate and
shall not have been convicted of a felony or any misdemeanor involving moral
turpitude and shall reside in the State of West Virginia. For the purpose of
this section, ?immediate family? means the relationships of mother, father,
sister, brother, child or spouse.
(b) A
magistrate assistant shall have the duties, clerical or otherwise, assigned by
the magistrate and prescribed by the rules of the Supreme Court of Appeals or
the judge of the circuit court or the chief judge of the circuit court if there
is more than one judge of the circuit court. In addition to these duties,
magistrate assistants shall perform and are accountable to the magistrate court
clerks with respect to the following duties:
(1) The
preparation of summons in civil actions;
(2) The
assignment of civil actions to the various magistrates;
(3) The
collection of all costs, fees, fines, forfeitures and penalties which are
payable to the court;
(4) The
submission of moneys, along with an accounting of the moneys, to appropriate
authorities as provided by law;
(5) The
daily disposition of closed files which are to be located in the magistrate
clerk?s office;
(6) All
duties related to the gathering of information and documents necessary for the
preparation of administrative reports and documents required by the rules of
the Supreme Court of Appeals or the judge of the circuit court or the chief
judge of the circuit court if there is more than one judge of the circuit
court;
(7) All
duties relating to the notification, certification and payment of jurors
serving pursuant to the terms of this chapter; and
(8) All
other duties or responsibilities whereby the magistrate assistant is
accountable to the magistrate court clerk as determined by the magistrate.
(c)
Magistrate assistants shall be paid a monthly salary at least twice
per month by the state. Magistrate assistants serving magistrates who serve
less than seven thousand three hundred in population shall be paid up to
$36,048 per year and magistrate assistants serving magistrates who serve seven
thousand three hundred or more in population shall be paid up to $39,348 per
year: Provided, That after the effective date of this section,
any general salary increase granted to all state employees, whose salaries are
not set by statute, expressed as a percentage increase or an across‑the‑board
increase, may also be granted to magistrate assistants. For the purpose of
determining the population served by each magistrate, the number of magistrates
authorized for each county shall be divided into the population of each county.
The salary of the magistrate assistant shall be established by the magistrate
within the limits set forth in this section.
(d)
Notwithstanding any provision of this code to the contrary, the amendments made
to this section during the 2013 first extraordinary session are effective upon
passage and are retroactive to January 1, 2013.
(e)
Beginning January 1, 2017, the annual salary of all magistrate assistants is
$39,348. After the effective date of this section, a general salary increase
granted to state employees, whose salaries are not set by statute, expressed as
a percentage increase or an across‑the‑board increase, may also be
granted to magistrate assistants.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 7. OFFICIAL
REPORTERS.
?51‑7‑3. Compensation for attending
court and taking notes.
The official
reporter shall receive, for his or her services and expenses in
attending the court or judge and in taking the notes provided for in section
two of this article, such salary or other compensation as the court or judge,
in accordance with the rules of the Supreme Court of Appeals, may allow. If
such salary be allowed, it shall be paid monthly at least twice per
month, out of the State Treasury. If no such salary be allowed, such other
compensation and expenses as may be allowed in civil cases shall be certified
by the court or judge to the Auditor and the same shall be paid out of the
State Treasury. Such other compensation and expenses in felony and, misdemeanor
cases shall be certified to the Auditor and paid out of the State Treasury. The
salary or other compensation provided for in this section shall not be deemed
to include the making of typewritten transcripts as provided for in section
four of this article.
?51‑7‑5. Salary in lieu of all other
compensation.
If neither
of the methods of compensation provided for in section three of this article be
adopted, a salary may be allowed in lieu of all other compensation, which shall
be paid monthly at least twice per month, out of the State
Treasury, in such proportions as the court or judge may fix in accordance with
the rules of the Supreme Court of Appeals. All fees for services rendered by
the official reporter in the discharge of his or her duties as such,
when he or she is allowed a salary under the provisions of this section,
may be collected, and shall, when collected by the sheriff or official
reporter, be paid into the State Treasury; and it shall be the duty of such
reporter to make out, sign and deliver to the sheriff a fee bill in every case,
civil or criminal, giving the style thereof and the amount due, and from whom,
which amount may be collected or levied for by the sheriff, and such fee bill
shall have the force and effect of an execution when levied. An official
reporter compensated under the provisions of this section shall collect the
fees mentioned in section four of this article for any transcript of his or
her shorthand notes of the testimony or proceedings furnished by him or
her to any party, and shall pay the same over to the sheriff of the county
in which the services were performed, to be by him or her accounted for
and paid into the State Treasury.
ARTICLE 8. STATE AND
COUNTY LAW LIBRARIES; LAW CLERKS.
?51‑8‑2. Librarian; bond; assistants;
compensation.
The Supreme
Court of Appeals, or the judges thereof in vacation, shall appoint a competent
librarian to have immediate custody of the West Virginia Law Library under the
direction of the court. Such librarian shall give bond in a penalty fixed by
the court of not less than two nor more than $5,000, with surety thereon, to be
approved by the court, and conditioned as provided for official bonds. Such
bond shall be deposited for safekeeping with the clerk of the court. The
librarian shall be an officer of the court and shall hold his or her
office and be removable at its pleasure. Vacancies in the office of librarian
occurring during vacation of the court may be filled by appointment in writing
made by the judges of the court, or any three of them. When, in the opinion of
the court, other employees are needed for the proper protection and use of the
library, it may employ such assistants as may be necessary for that purpose.
The salary of the librarian and assistants shall be fixed by the court and
shall be payable in monthly installments paid at least twice per
month.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 12. PROBATION AND
PAROLE.
?62‑12‑5. Probation officers and
assistants.
(a) Each
circuit court, subject to the approval of the Supreme Court of Appeals and in
accordance with its rules, is authorized to appoint one or more probation
officers and clerical assistants.
(b) The
appointment of probation officers and clerical assistants shall be in writing
and entered on the order book of the court by the judge making such appointment
and a copy of said order of appointment shall be delivered to the
Administrative Director of the Supreme Court of Appeals. The order of
appointment shall state the monthly annual salary, fixed by the
judge and approved by the Supreme Court of Appeals, to be paid to the probation
officer or clerical assistants so appointed.
(c) The
salary of probation officers and clerical assistants shall be paid monthly
or semimonthly at least twice per month, as the Supreme Court of
Appeals by rule may direct and they shall be reimbursed for all reasonable and
necessary expenses actually incurred in the line of duty in the field. The
salary and expenses shall be paid by the state from the judicial accounts
thereof. The county commission shall provide adequate office space for the
probation officer and his or her assistants to be approved by the appointing
court. The equipment and supplies as may be needed by the probation officer and
his or her assistants shall be provided by the state and the cost thereof shall
be charged against the judicial accounts of the state.
(d) No judge
may appoint any probation officer, assistant probation officer or clerical
assistant who is related to him or her either by consanguinity or affinity.
(e) Subject
to the approval of the Supreme Court of Appeals and in accordance with its
rules, a judge of a circuit court whose circuit comprises more than one county
may appoint a probation officer and a clerical assistant in each county of the
circuit or may appoint the same persons to serve in these respective positions
in two or more counties in the circuit.
(f) Nothing
contained in this section alters, modifies, affects or supersedes the
appointment or tenure of any probation officer, medical assistant or
psychiatric assistant appointed by any court under any special act of the
Legislature heretofore enacted, and the salary or compensation of those persons
shall remain as specified in the most recent amendment of any special act until
changed by the court, with approval of the Supreme Court of Appeals, by order
entered of record, and any such salary or compensation shall be paid out of the
State Treasury.
(g) In order
to carry out the supervision responsibilities set forth in section twenty‑six,
article twelve, chapter sixty‑two of this code, the Administrative
Director of the Supreme Court of Appeals, or his or her designee, in accordance
with the court?s procedures, is authorized to hire multijudicial‑circuit
probation officers, to be employed through the court?s Division of Probation
Services. Such officers may also supervise probationers who are on probation
for sexual offences with the approval of the administrative director of the
Supreme Court of Appeals or his or her designee.
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, 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.
Senator
On this question, 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, 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.
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
533, Relating to taxes on wine and intoxicating liquors.
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 547, Modifying
fees paid to Secretary of State.
On motion of
Senator
The
following House of Delegates
On pages
eight, after line one hundred ninety-
(g) Any
balance in the service fees and collections account established by this section
which exceeds $500,000 as of June 30, 2003, and each year thereafter, shall be
expired to the state fund, General Revenue Fund.;
And by
relettering the remaining subsections;
On page ten,
section two-b, line four, by striking out ?$3000? and inserting in lieu thereof
?$1000?;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Senate
Bill 547?A Bill to amend and reenact ?59-1-2 and ?59-1-2b of the Code of
West Virginia, 1931, as amended, all relating to fees to be paid to the
Secretary of State; increasing certain fees for corporations; providing that
fees remain until legislative rules to approve new fees are approved by
Legislature; creating a new fee for expedited service; reducing fees on certain
election related services; and creating new fees for certain election services.
On motion of Senator
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, Palumbo, Plymale, Prezioso, Rucker,
Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and
Carmichael (Mr. President)?29.
The nays were: Beach, Jeffries, Miller,
Ojeda and Romano?5.
Absent: None.
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.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended, and requested the concurrence of the Senate in the House of
Delegates
Eng. Com. Sub. for Senate Bill 622, Relating
generally to tax procedures and administration.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting clause and inserting in lieu thereof the
following:
That
?11-10-12
of the Code of West Virginia, 1931, as amended, be amended and reenacted; that
?38-10C-2 be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION
article 10.
tax procedure and administration act.
?11-10-12. Liens, release; subordination;
foreclosure; withdrawal.
(a) General.
? Any tax, additions to tax, penalties or interest due and payable under this
article or any of the other articles of this chapter to which this article is
applicable is a debt due this state. It is a personal obligation of the
taxpayer and is a lien upon the real and personal property of the taxpayer.
(b) Duration
of lien. ? The lien created by this section continues until the liability
for the tax, additions to tax, penalties and interest is satisfied or upon the
expiration of ten years from the date the tax, additions to tax, penalties and
interest are due and payable under section eight of this article or the date
the tax return is filed, whichever is later.
(c) Recordation.
? The lien created by this section is subject to the restrictions and conditions
embodied in article ten-c, chapter thirty-eight of this code and any amendment
made or which may hereafter be made thereto: Provided, That the notice
of lien shall indicate the date the tax, additions to tax, penalties and
interest are due and payable under section eight of this article or the date
the tax return was filed and the lien expiration date.
(d) Release
or subordination. ? The Tax Commissioner, pursuant to rules prescribed by
him or her, may issue his or her certificate of release of any lien created
pursuant to this section when the debt is adequately secured by bond or other
security. He or she shall issue his or her certificate of release when the debt
secured has been satisfied. The certificate of release shall be issued in
duplicate. One copy shall be forwarded to the taxpayer and the other copy shall
be forwarded to the clerk of the county commission of the county wherein the
lien is recorded. The clerk of the county commission shall record the release
without payment of any fee and the recordation is a release and full discharge
of the lien. The Tax Commissioner may issue his or her certificate of release
of the lien as to all or any part of the property subject to the lien, or may
subordinate the lien to any other lien or interest, but only if there is paid
to the state an amount not less than the value of the interest of the state in
the property, or if the interest of the state in the property has no value.
(e) Foreclosure.
? The Tax Commissioner may enforce any lien created and recorded under this
section, against any property subject to the lien by civil action in the
circuit court of the county wherein the property is located, in order to
subject the property to the payment of the tax secured by the lien. All persons
having liens upon or having any interest in the property shall be made parties
to the action. The court may appoint a receiver or commissioner who shall ascertain
and report all liens, claims and interests in and upon the property, the
validity, amount and priority of each. The court shall, after notice to all
parties, proceed to adjudicate all matters involved therein, shall determine
the validity, amount and priorities of all liens, claims and interests in and
upon the property and shall decree a sale of the property by the sheriff or any
commissioner to whom the action is referred, and shall decree distribution of
the proceeds of the sale according to the findings of the court in respect to
the interests of the parties.
(f) Discharge
of lien. ? A sale of property against which the state has a lien under this
section, made pursuant to an instrument creating a lien on the property or made
pursuant to a statutory lien on the property, or made pursuant to a judicial
order to enforce any judgment in any civil action, shall be made subject to and
without disturbing the state tax lien if the state tax lien was recorded more
than thirty days before the sale, unless:
(1) The Tax
Commissioner is made a party to the civil action;
(2) The Tax
Commissioner is given notice of the sale in writing not less than fifteen days
prior to sale; or
(3) The Tax
Commissioner consents to the sale. The notice shall contain the name of the
owner of the property and the Social Security number or federal employer
identification number of the owner.
(g) Withdrawal of lien. ? Upon the
determination of the
(1) The Tax
Commissioner or the Tax Commissioner?s designee that may withdraw a
tax lien upon making one or more of the following determinations:
(A) The lien
was recorded prematurely, inadvertently or otherwise erroneously; or
(B) The
taxpayer voluntarily and through due diligence paid the lien, fulfilled a
payment plan agreement, fulfilled the terms of an offer in compromise, timely
provided supporting documentation or paid the lien in good faith.
(2) A
withdrawal of the lien shall be issued in duplicate. One copy shall be
forwarded to the taxpayer and the other copy shall be forwarded to the clerk of
the county commission of the county wherein the lien is recorded. The clerk of
the county commission shall record the withdrawal of lien without payment of
any fee.
(h) Release
of lien. ? Subject to such rules as the Tax Commissioner may prescribe,
pursuant to article three, chapter twenty-nine-a of this code, the Tax
Commissioner shall issue a certificate of release of any lien imposed with
respect to any tax or fee administered under this article not later than sixty
days after the day on which the Tax Commissioner finds that the liability for
the amount assessed, together with all interest and additions to tax in respect
thereof, has been fully satisfied: Provided,
That subject to such rules as the Tax Commissioner may prescribe pursuant to article
three, chapter twenty-nine-a of this code, the Tax Commissioner shall withdraw,
release or otherwise terminate any lien imposed with respect to any tax or fee
administered under this article, upon the determining that the lien is
unenforceable, or in accordance with such other criteria as the Tax
Commissioner may prescribe pursuant to rule.
CHAPTER 38. LIENS.
ARTICLE 10C.
STATE AND LOCAL TAX LIENS.
?38‑10C‑2. Notices of liens
of state, political subdivisions and municipalities to be filed; indexes; withdrawal
release.
It
is the duty of the Tax Commissioner, or the proper officers of the political
subdivisions of the state for its subdivisions and of the proper officers of
the municipalities for the municipalities, having liens, to file a notice of the
liens in the office of the clerk of the county commission of the county in
which the property of the taxpayer against whom the lien is claimed, is
situate, stating in the notice what amount of money is owing to the State of
West Virginia, the political subdivision or the municipality, on account of the
lien from the taxpayer owing the money; and the clerk of the county commission
of the county shall, upon the filing of notice, index the lien in the judgment
or tax lien docket in his or her office as a tax lien against the taxpayer in
favor of the State of West Virginia, the political subdivision or the
municipality. Upon the determination of the Tax Commissioner or the Tax
Commissioner?s designee that the lien was recorded prematurely,
inadvertently or otherwise erroneously should be withdrawn, a
withdrawal of the lien shall be issued in duplicate. One copy shall be
forwarded to the taxpayer, and the other copy shall be forwarded to the clerk
of the county commission of the county wherein the lien is recorded. The clerk
of the county commission shall record the withdrawal of lien without payment of
any fee. Upon the satisfaction of the lien, a release of the lien for
recordation shall be signed and delivered to the taxpayer by the proper
officer. The signature of the Tax Commissioner or the Tax Commissioner?s
designee on the notice and on the release or withdrawal may be either a
properly acknowledged manual signature or a facsimile signature authenticated
pursuant to the filing of an affidavit and a manual signature with the
Secretary of State in the manner specified in section two, article fourteen,
chapter six of this code. The facsimile signature has the same legal effect as
the manual signature.
All
acts or parts of acts inconsistent or in conflict herewith are hereby repealed.
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, 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.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage of
Eng. Com.
Sub. for Senate Bill
637, Relating to private club operations requirements.
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 656, Relating
to Student Data Accessibility, Transparency and Accountability Act.
On motion of
Senator
The following
House of Delegates
On page
On page
On page
five, section five-h, line one hundred six, by striking out the word ?sixteen?
and inserting in lieu thereof the word ?fifteen?;
On page
five, section five-h, line one hundred eight, by striking out the word ?and?
and inserting in lieu thereof the word ?or?;
On page
five, section five-h, line one hundred eight, after the word ?opportunities;?
by inserting the word ?and?;
On page
five, section five-h, line one hundred thirteen, by striking out the word ?and?;
On pages
five and six, section five-h, lines one hundred fourteen through one hundred
seventeen, by striking out all of subparagraph (iv);
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill 656?A Bill to
amend and reenact ?18-2-5h of the Code of West Virginia, 1931, as amended,
relating to allowing certain comprehensive statewide student assessment program
vendors to only receive consideration for certain information if they obtain
affirmative written consent solely for providing a student access to
employment, educational scholarships or financial aid, or post-secondary
educational opportunities.
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, 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.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended with its House of Delegates amended title, and requested the
concurrence of the Senate in the House of Delegates
Eng. Senate Bill 686, Exempting
facilities governed by DHHR that provide direct patient care.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting clause and inserting in lieu thereof the
following:
That the
Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated ?5A-3-3a to read as follows:
ARTICLE 3. PURCHASING DIVISION.
?5A-3-3a. Exemption of facilities providing direct
patient care services that are managed, directed, controlled and governed by
the Secretary of the Department of Health and Human Resources.
Notwithstanding any provisions of sections one or
three of this article to the contrary, the provisions of this article do not
apply to facilities providing direct patient care services that are managed,
directed, controlled and governed by the Secretary of the Department of Health
and Human Resources: Provided, That
on or before July 1, 2020, the Legislative Auditor shall audit the purchasing
procedures of the facilities described in this subdivision and report the
results to the Joint Committee on Government and Finance on the effects of
exempting said facilities from the provisions of this article, including but
not limited to, any realized cost savings and changes in purchasing policies
resulting from such exemption.;
And,
By striking out the title and substituting therefor a new title, to read
as follows:
Eng. Senate Bill 686?A Bill to
amend and reenact the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?5A-3-3a, relating to facilities providing
direct patient care services that are managed, directed, controlled and
governed by the Secretary of the Department of Health and Human Resources;
exempting such facilities from statewide purchasing requirements and from the
otherwise required oversight and review by the Purchasing Division of the
Department of Administration; and requiring the Legislative Auditor to audit
purchasing made by facilities and report the findings to the Joint Committee on
Government and Finance.
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, 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.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended with its House of Delegates amended title, and requested the
concurrence of the Senate in the House of Delegates
Eng. Senate Bill 691, Relating
to off-road vehicles.
On motion of
Senator
The
following House of Delegates
On
page
On
page
On
page
On page
four, section
?(8)
Regional recreational authority? means the Hatfield-McCoy Regional Recreation
Authority or any regional recreation authority established and organized
pursuant to the provisions of article fourteen-a of this chapter; and?;
And by renumbering the remaining subdivisions;
And,
By
striking out the title and substituting therefor a new title, to read as
follows:
Eng. Senate Bill 691?A Bill to
amend and reenact ?17-2A-11
of the Code of West Virginia, 1931, as amended; to amend and reenact ?17F-1-9
of said code; and to amend and reenact ?20-15-2 of said code, all relating to off-highway
vehicles; defining terms; creating digital road map for certain roads and
vehicles, including off-highway vehicles; and making technical corrections.
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, 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.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage of, to take effect
Eng. Senate Bill 694, Expiring
funds to unappropriated surplus balance in General Revenue fund to Department
of Administration.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
Eng. House Bill 2446, Relating
to the requirement that all executive branch agencies maintain a website that
contains specific information.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
Eng. Com.
Sub. for House Bill
2509, Relating to the practice of telemedicine.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
Eng. House Bill 2628, Relating
generally to the powers and duties of the Board of Medicine and the Board of
Osteopathic Medicine.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
Eng. Com. Sub. for House Bill 2646, Terminating
the Women?s Commission and discontinue its functions.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
Eng. Com.
Sub. for House Bill
2767, Authorizing the Secretary of State to transmit electronic versions of
undeliverable mail to the circuit clerks.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
Eng. Com.
Sub. for House Bill
2839, Updating the procedures for legislative review of departments and
licensing boards.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate amended title, passage as amended, of
Eng. Com.
Sub. for House Bill
3048, Relating to collection of Tier II fees for chemical inventories.
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 174, Exempting
transportation of household goods from PSC jurisdiction.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting section and inserting in lieu thereof the
following:
ARTICLE 1.
PURPOSES, DEFINITIONS AND EXEMPTIONS.
??24A-1-3.
Exemptions from chapter.
The
provisions of this chapter, except where specifically otherwise provided, do
not apply to:
(1) Motor
vehicles operated exclusively in the transportation of United States mail or in
the transportation of newspapers: Provided, That the vehicles and their
operators are subject to the safety rules promulgated by the commission;
(2) Motor
vehicles owned and operated by the United States of America, the State of West
Virginia or any county, municipality or county board of education, urban mass
transportation authority established and maintained pursuant to article
twenty-seven, chapter eight of this code, or by any of their departments, and
any motor vehicles operated under a contract with a county board of education
exclusively for the transportation of children to and from school or other
legitimate transportation for the schools as the commission may specifically
authorize;
(3) Motor
vehicles used exclusively in the transportation of agricultural or
horticultural products, livestock, poultry and dairy products from the farm or
orchard on which they are raised or produced to markets, processing plants,
packing houses, canneries, railway shipping points and cold storage plants, and
in the transportation of agricultural or horticultural supplies to farms or
orchards where they are to be used: Provided, That the vehicles that are
exempted by this subdivision and are also operated by common carriers by motor
vehicle or contract carriers by motor vehicle, and their operators are subject
to the safety and insurance rules promulgated by the commission;
(4) Motor
vehicles used exclusively in the transportation of human or animal excreta;
(5) Motor
vehicles used exclusively in ambulance service or duly chartered rescue squad
service;
(6) Motor
vehicles used exclusively for volunteer fire department service;
(7) Motor
vehicles used exclusively in the transportation of coal from mining operations
to loading facilities for further shipment by rail or water carriers: Provided,
That the vehicles and their operators are subject to the safety rules
promulgated by the commission and the vehicles that are exempted by this subdivision
and are also operated by common carriers by motor vehicle or contract carriers
by motor vehicle, and their operators are subject to the insurance rules
promulgated by the commission;
(8) Motor
vehicles used by petroleum commission agents and oil distributors solely for
the transportation of petroleum products and related automotive products when
the transportation is incidental to the business of selling the products: Provided,
That the vehicles and their operators are subject to the safety rules
promulgated by the commission and the vehicles that are exempted by this
subdivision and are also operated by common carriers by motor vehicle or
contract carriers by motor vehicle, and their operators are subject to the
insurance rules promulgated by the commission;
(9) Motor
vehicles owned, leased by or leased to any person and used exclusively for the
transportation of processed source-separated recycled materials generated by
commercial, institutional and industrial customers, transported free of charge
or by a nonprofit recycling cooperative association in accordance with
subdivision (1), subsection (d), section one, article four, chapter nineteen of
this code from the customers to a facility for further processing: Provided,
That the vehicles and their operators shall be subject to the safety rules
promulgated by the commission and the vehicles that are exempted by this
subdivision and are also operated by common carriers by motor vehicle or
contract carriers by motor vehicle, and their operators are subject to the
insurance rules promulgated by the commission;
(10) Motor
vehicles specifically preempted from state economic regulation of intrastate
motor carrier operations by the provisions of 49 U. S. C. ?14501 as amended by
Title I, Section 103 of the federal Interstate Commerce Commission Termination
Act of 1995: Provided, That the vehicles and their operators are subject
to the safety regulations promulgated by the commission and the vehicles that
are exempted by this subdivision and are also operated by common carriers by
motor vehicle or contract carriers by motor vehicle, and their operators are
subject to the insurance rules promulgated by the commission;
(11) Motor
vehicles designated by the West Virginia Bureau of Senior Services for use and
operation by local county aging programs: Provided, That the vehicles
and their operators are subject to the safety rules promulgated by the
commission;
(12) Motor
vehicles designated by the West Virginia Division of Public Transit operated by
organizations that receive federal grants from the Federal Transit
Administration: Provided, That the vehicles and their operators are
subject to the safety and insurance rules promulgated by the commission; and
(13) Motor
vehicles used exclusively in the nonemergency medical transportation of
Medicaid members by community action agencies as designated by the Governor,
including those under contract with any broker authorized by the Bureau for
Medical Services although : Provided,
That these vehicles and their operators shall be subject to the safety
rules promulgated by the commission; and
(14) Common
carriers or contract carriers engaged in the business of transporting household
goods and motor vehicles used exclusively in the transportation of household
goods.;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Senate
Bill 174?A Bill to amend and reenact ?24A-1-3 of the Code of West Virginia,
1931, as amended, all relating generally to the jurisdiction of the Public
Service Commission over motor carriers; exempting vehicles engaged in
nonemergency transportation of Medicaid members from permit requirements; and
exempting the transportation of household goods from the jurisdiction of the
Public Service Commission.
On motion of Senator
Engrossed
On the passage of the bill, the yeas were:
Azinger, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes,
Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Rucker,
Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?29.
The nays were: Beach, Facemire, Jeffries,
Miller and Romano?5.
Absent: None.
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.
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 Com. Sub. for Senate Bill 333, Requiring
all DHHR-licensed facilities access WV Controlled Substances Monitoring Program
Database.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting clause and inserting in lieu thereof the
following:
That
?60A-9-4, ?60A-9-5, and ?60A-9-5a of the Code of West Virginia, 1931, as
amended, be amended and reenacted; and that said code be amended by adding
thereto a new section, designated ?60A-9-9 all to read as follows:
ARTICLE 9. CONTROLLED
SUBSTANCES MONITORING.
?60A‑9‑4.
Required information.
(a)
Whenever a medical services provider dispenses a controlled substance listed in
Schedule II, III or IV as established under the provisions of article two of
this chapter or an opioid antagonist, or whenever a prescription for the
controlled substance or opioid antagonist is filled by: (i) A pharmacist or
pharmacy in this state; (ii) a hospital, or other health care facility, for
outpatient use; or (iii) a pharmacy or pharmacist licensed by the Board of
Pharmacy, but situated outside this state for delivery to a person residing in
this state, the medical services provider, health care facility, pharmacist or
pharmacy shall, in a manner prescribed by rules promulgated by the board
under Board of Pharmacy pursuant to this article, report the
following information, as applicable:
(1)
The name, address, pharmacy prescription number and Drug Enforcement
Administration controlled substance registration number of the dispensing
pharmacy or the dispensing physician or dentist;
(2)
The full legal name, address and birth date of the person for whom the
prescription is written;
(3)
The name, address and Drug Enforcement Administration controlled substances
registration number of the practitioner writing the prescription;
(4)
The name and national drug code number of the Schedule II, III and IV
controlled substance or opioid antagonist dispensed;
(5)
The quantity and dosage of the Schedule II, III and IV controlled substance or
opioid antagonist dispensed;
(6)
The date the prescription was written and the date filled;
(7)
The number of refills, if any, authorized by the prescription;
(8)
If the prescription being dispensed is being picked up by someone other than
the patient on behalf of the patient, the first name, last name and middle
initial, address and birth date of the person picking up the prescription as
set forth on the person?s government‑issued photo identification card
shall be retained in either print or electronic form until such time as otherwise
directed by rule promulgated by the board Board of Pharmacy; and
(9)
The source of payment for the controlled substance dispensed.
(b)
Whenever a medical services provider treats a patient for an overdose that has
occurred as a result of illicit or prescribed medication, the medical service
provider shall report the full legal name, address and birth date of the person
who is being treated, including any known ancillary evidence of the overdose.
The Board of Pharmacy shall coordinate with the Division of Justice and
Community Services and the Office of Drug Control Policy regarding the
collection of overdose data.
(b)
(c) The board Board of Pharmacy may prescribe by rule
promulgated under this pursuant to this article the form to be
used in prescribing a Schedule II, III, and IV substance or opioid antagonist
if, in the determination of the board Board of Pharmacy, the
administration of the requirements of this section would be facilitated.
(c)
(d) Products regulated by the provisions of article ten of this chapter
shall be subject to reporting pursuant to the provisions of this article to the
extent set forth in said article.
(d)
(e) Reporting required by this section is not required for a drug
administered directly to a patient by a practitioner. Reporting is, however,
required by this section for a drug dispensed to a patient by a practitioner. Provided,
That the The quantity dispensed by a prescribing practitioner to his
or her own patient may not exceed an amount adequate to treat the patient for a
maximum of seventy‑two hours with no greater than two 72‑hour
cycles dispensed in any fifteen‑day period of time.
(e)
(f) The Board of Pharmacy shall notify a physician prescribing
buprenorphine or buprenorphine/naloxone within sixty days of the availability
of the an abuse deterrent form of buprenorphine or
buprenorphine/naloxone is if approved by the Food and Drug
Administration as provided in FDA Guidance to Industry. Upon receipt of the
notice, a physician may switch their patients using buprenorphine or
buprenorphine/naloxone to the abuse deterrent form of the drug.
?60A‑9‑5.
Confidentiality; limited access to records; period of retention; no civil
liability for required reporting.
(a)(1)
The information required by this article to be kept by the board Board
of Pharmacy is confidential and not subject to the provisions of chapter
twenty‑nine‑b of this code or obtainable as discovery in civil
matters absent a court order and is open to inspection only by inspectors and
agents of the board Board of Pharmacy, members of the West
Virginia State Police expressly authorized by the Superintendent of the West
Virginia State Police to have access to the information, authorized agents of
local law‑enforcement agencies as members of a federally affiliated drug
task force, authorized agents of the federal Drug Enforcement Administration,
duly authorized agents of the Bureau for Medical Services, duly authorized
agents of the Office of the Chief Medical Examiner for use in post‑mortem
examinations, duly authorized agents of the Office of Health Facility
Licensure and Certification for use in certification, licensure and regulation
of health facilities, duly authorized agents of licensing boards of practitioners
in this state and other states authorized to prescribe Schedules II, III and IV
controlled substances, prescribing practitioners and pharmacists, a dean of
any medical school or his or her designee located in this state to access
prescriber level data to monitor prescribing practices of faculty members,
prescribers and residents enrolled in a degree program at the school where he
or she serves as dean, a physician reviewer designated by an employer of
medical providers to monitor prescriber level information of prescribing
practices of physicians, advance practice registered nurses or physician
assistant in their employ, and a chief medical officer of a hospital or a
physician designated by the chief executive officer of a hospital who does not have
a chief medical officer, for prescribers who have admitting privileges to the
hospital or prescriber level information, and persons with an enforceable
court order or regulatory agency administrative subpoena. Provided,
That all All law‑enforcement personnel who have access to the
Controlled Substances Monitoring Program database shall be granted access in
accordance with applicable state laws and the board?s legislative Board
of Pharmacy?s rules, shall be certified as a West Virginia law‑enforcement
officer and shall have successfully completed training approved by the board
Board of Pharmacy. All information released by the board Board
of Pharmacy must be related to a specific patient or a specific individual
or entity under investigation by any of the above parties except that
practitioners who prescribe or dispense controlled substances may request
specific data related to their Drug Enforcement Administration controlled
substance registration number or for the purpose of providing treatment to a
patient: Provided, That the West Virginia Controlled Substances
Monitoring Program Database Review Committee established in subsection (b) of
this section is authorized to query the database to comply with said
subsection.
(2)
Subject to the provisions of subdivision (1) of this subsection, the board
Board of Pharmacy shall also review the West Virginia Controlled
Substance Monitoring Program database and issue reports that identify abnormal
or unusual practices of patients who exceed parameters as determined by the
advisory committee established in this section. The board Board of
Pharmacy shall communicate with practitioners and dispensers to more
effectively manage the medications of their patients in the manner recommended
by the advisory committee. All other reports produced by the board Board
of Pharmacy shall be kept confidential. The board Board of
Pharmacy shall maintain the information required by this article for a
period of not less than five years. Notwithstanding any other provisions of
this code to the contrary, data obtained under the provisions of this article
may be used for compilation of educational, scholarly or statistical purposes,
and may be shared with the West Virginia Department of Health and Human
Resources for those purposes, as long as the identities of persons or entities
and any personally identifiable information, including protected health
information, contained therein shall be redacted, scrubbed or otherwise
irreversibly destroyed in a manner that will preserve the confidential nature
of the information. No individual or entity required to report under section
four of this article may be subject to a claim for civil damages or other civil
relief for the reporting of information to the board Board of
Pharmacy as required under and in accordance with the provisions of this
article.
(3)
The board Board of Pharmacy shall establish an advisory committee
to develop, implement and recommend parameters to be used in identifying
abnormal or unusual usage patterns of patients in this state. This advisory
committee shall:
(A)
Consist of the following members: A physician licensed by the West Virginia
Board of Medicine, a dentist licensed by the West Virginia Board of Dental
Examiners, a physician licensed by the West Virginia Board of Osteopathic
Medicine, a licensed physician certified by the American Board of Pain
Medicine, a licensed physician board certified in medical oncology recommended
by the West Virginia State Medical Association, a licensed physician board
certified in palliative care recommended by the West Virginia Center on End of
Life Care, a pharmacist licensed by the West Virginia Board of Pharmacy, a
licensed physician member of the West Virginia Academy of Family Physicians, an
expert in drug diversion and such other members as determined by the board
Board of Pharmacy.
(B)
Recommend parameters to identify abnormal or unusual usage patterns of
controlled substances for patients in order to prepare reports as requested in
accordance with subdivision (2), subsection (a) of this section.
(C)
Make recommendations for training, research and other areas that are determined
by the committee to have the potential to reduce inappropriate use of
prescription drugs in this state, including, but not limited to, studying
issues related to diversion of controlled substances used for the management of
opioid addiction.
(D)
Monitor the ability of medical services providers, health care facilities,
pharmacists and pharmacies to meet the 24-hour reporting requirement for the
Controlled Substances Monitoring Program set forth in section three of this
article, and report on the feasibility of requiring real‑time reporting.
(E)
Establish outreach programs with local law enforcement to provide education to
local law enforcement on the requirements and use of the Controlled Substances
Monitoring Program database established in this article.
(b)
The board Board of Pharmacy shall create a West Virginia
Controlled Substances Monitoring Program Database Review Committee of
individuals consisting of two prosecuting attorneys from West Virginia
counties, two physicians with specialties which require extensive use of
controlled substances and a pharmacist who is trained in the use and abuse of
controlled substances. The review committee may determine that an additional
physician who is an expert in the field under investigation be added to the
team when the facts of a case indicate that the additional expertise is
required. The review committee, working independently, may query the database
based on parameters established by the advisory committee. The review committee
may make determinations on a case‑by‑case basis on specific unusual
prescribing or dispensing patterns indicated by outliers in the system or
abnormal or unusual usage patterns of controlled substances by patients which
the review committee has reasonable cause to believe necessitates further
action by law enforcement or the licensing board having jurisdiction over the
practitioners or dispensers under consideration. The licensing board having
jurisdiction over the practitioner or dispenser under consideration shall
report back to the Board of Pharmacy regarding any findings, investigation or
discipline resulting from the findings of the review committee within thirty
days of resolution of any action taken by the licensing board resulting from
the information provided by the Board of Pharmacy. The review committee
shall also review notices provided by the chief medical examiner pursuant to
subsection (h), section ten, article twelve, chapter sixty‑one of this
code and determine on a case‑by‑case basis whether a practitioner
who prescribed or dispensed a controlled substance resulting in or contributing
to the drug overdose may have breached professional or occupational standards
or committed a criminal act when prescribing the controlled substance at issue
to the decedent. Only in those cases in which there is reasonable cause to
believe a breach of professional or occupational standards or a criminal act
may have occurred, the review committee shall notify the appropriate
professional licensing agency having jurisdiction over the applicable
practitioner or dispenser and appropriate law‑enforcement agencies and
provide pertinent information from the database for their consideration. The
number of cases identified shall be determined by the review committee based on
a number that can be adequately reviewed by the review committee. The
information obtained and developed may not be shared except as provided in this
article and is not subject to the provisions of chapter twenty‑nine‑b
of this code or obtainable as discovering in civil matters absent a court
order.
(c)
The board Board of Pharmacy is responsible for establishing and
providing administrative support for the advisory committee and the West
Virginia Controlled Substances Monitoring Program Database Review Committee.
The advisory committee and the review committee shall elect a chair by majority
vote. Members of the advisory committee and the review committee may not be
compensated in their capacity as members but shall be reimbursed for reasonable
expenses incurred in the performance of their duties.
(d)
The board Board of Pharmacy shall promulgate rules with advice
and consent of the advisory committee, in accordance with the provisions of
article three, chapter twenty‑nine‑a of this code. The legislative
rules must include, but shall not be limited to, the following matters:
(1)
Identifying parameters used in identifying abnormal or unusual prescribing or
dispensing patterns;
(2)
Processing parameters and developing reports of abnormal or unusual prescribing
or dispensing patterns for patients, practitioners and dispensers;
(3)
Establishing the information to be contained in reports and the process by
which the reports will be generated and disseminated; and
(4)
Setting up processes and procedures to ensure that the privacy,
confidentiality, and security of information collected, recorded, transmitted
and maintained by the review committee is not disclosed except as provided in
this section.
(e)
Persons or entities with access to the West Virginia Controlled Substances
Monitoring Program database pursuant to this section may, pursuant to rules
promulgated by the board Board of Pharmacy, delegate appropriate
personnel to have access to said database.
(f)
Good faith reliance by a practitioner on information contained in the West
Virginia Controlled Substances Monitoring Program database in prescribing or
dispensing or refusing or declining to prescribe or dispense a Schedule II,
III, or IV controlled substance shall constitute an absolute defense in any
civil or criminal action brought due to prescribing or dispensing or refusing
or declining to prescribe or dispense.
(g)
A prescribing or dispensing practitioner may notify law enforcement of a
patient who, in the prescribing or dispensing practitioner?s judgment, may be
in violation of section four hundred ten, article four of this chapter, based
on information obtained and reviewed from the controlled substances monitoring
database. A prescribing or dispensing practitioner who makes a notification
pursuant to this subsection is immune from any civil, administrative or
criminal liability that otherwise might be incurred or imposed because of the
notification if the notification is made in good faith.
(h)
Nothing in the article may be construed to require a practitioner to access the
West Virginia Controlled Substances Monitoring Program database except as
provided in section five‑a of this article.
(i)
The board Board of Pharmacy shall provide an annual report on the
West Virginia Controlled Substance Monitoring Program to the Legislative
Oversight Commission on Health and Human Resources Accountability with
recommendations for needed legislation no later than January 1 of each year.
?60A-9-5a. Practitioner requirements to access
database and conduct annual search of the database; required rulemaking.
(a) All
practitioners, as that term is defined in section one hundred one, article two
of this chapter who prescribe or dispense Schedule II, III or IV controlled
substances shall register with the West Virginia Controlled Substances
Monitoring Program and obtain and maintain online or other electronic access to
the program database: Provided, That
compliance with the provisions of this subsection must be accomplished within
thirty days of the practitioner obtaining a new license: Provided, however, That no licensing board the Board of
Pharmacy may renew a practitioner?s license without proof that the
practitioner meet the requirements of this subsection.
(b) Upon
initially prescribing or dispensing any pain-relieving controlled substance for
a patient for whom they are providing pain-relieving controlled substances
as part of a course of treatment for chronic, nonmalignant pain but who are not
suffering from a terminal illness and at least annually thereafter should
the practitioner or dispenser continue to treat the patient with controlled
substances, all persons with prescriptive or dispensing authority and in
possession of a valid Drug Enforcement Administration registration
identification number and, who are licensed by the Board of Medicine as set
forth in article three, chapter thirty of this code, the Board of Registered
Professional Nurses as set forth in article seven of said chapter, the Board of
Dental Examiners as set forth in article four of said chapter and the Board of
Osteopathic Medicine as set forth in article fourteen of said chapter shall
access the West Virginia Controlled Substances Monitoring Program database for
information regarding specific patients for whom they are providing
pain-relieving controlled substances as part of a course of treatment for
chronic, nonmalignant pain but who are not suffering from a terminal illness.
The information obtained from accessing the West Virginia Controlled Substances
Monitoring Program database for the patient shall be documented in the patient?s
medical record maintained by a private prescriber or any inpatient facility
licensed pursuant to the provisions of chapter sixteen of this code. A
pain-relieving controlled substance shall be defined as set forth in section
one, article three-a, chapter thirty of this code.
(c) The
various boards mentioned in subsection (b) of this section shall promulgate
both emergency and legislative rules pursuant to the provisions of article
three, chapter twenty-nine-a of this code to effectuate the provisions of this
section.
?60A-9-9. Drugs of concern designation.
(a) The
Board of Pharmacy may designate certain drugs as drugs of concern which must be
reported to the database established pursuant to this article. The designation
of a drug of concern shall be reserved for drugs which have a high potential
for abuse. Whenever a medical services provider
dispenses a drug of concern or whenever a prescription for a drug of concern is
filled by: (i) A pharmacist or pharmacy in this state; (ii) a hospital, or
other health care facility, for outpatient use; or (iii) a pharmacy or
pharmacist licensed by the Board of Pharmacy, but situated outside this state
for delivery to a person residing in this state, the medical services provider,
health care facility, pharmacist or pharmacy shall, in a manner prescribed by
rules promulgated by the Board of Pharmacy under this article, report the
following information, as applicable:
(1)
The name, address, pharmacy prescription number and Drug Enforcement
Administration controlled substance registration number of the dispensing
pharmacy or the dispensing physician or dentist;
(2)
The full legal name, address and birth date of the person for whom the
prescription is written;
(3)
The name, address and Drug Enforcement Administration controlled substances
registration number of the practitioner writing the prescription;
(4)
The name and national drug number of the drug of concern dispensed;
(5)
The quantity and dosage of the drug of concern dispensed;
(6)
The date the prescription was written and the date filled;
(7)
The number of refills, if any, authorized by the prescription;
(8)
If the prescription being dispensed is being picked up by someone other than
the patient on behalf of the patient, the first name, last name and middle
initial, address and birth date of the person picking up the prescription as
set forth on the person?s government‑issued photo identification card
shall be retained in either print or electronic form until such time as
otherwise directed by rule promulgated by the Board of Pharmacy; and
(9)
The source of payment for the drug of concern dispensed.
(b) The
penalties set forth in section seven of this article shall not apply to drugs
listed as drugs of concern. Failure to report may be considered a violation of
the practice act of the prescriber and may result in discipline by the
appropriate licensing board.
(c) The
Board of Pharmacy may 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 section.;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com.
Sub. for Com. Sub. for Senate Bill 333?A Bill to amend and reenact
?60A-9-4, ?60A-9-5 and ?60A-9-5a of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated
?60A-9-9, all relating to the Controlled Substances Monitoring Program
database; requiring reporting instances of an overdose or a suspected overdose
to the database; setting out elements to be reported; allowing access to the
database to deans of the state?s medical schools or their designees for
monitoring prescribing practices of prescribing faculty members, prescribers
and residents enrolled in a degree program at the school where the dean serves;
allowing access to designated physician reviewers for medical provider
employers; providing access to a physician reviewer designated by an employer
of medical providers for monitoring prescribing practices of physicians,
advance practice registered nurses or physician assistants in their employ;
providing access to chief medical officers of a hospital or a physician
designated by the chief executive officer of a hospital who does not have a
chief medical officer for monitoring prescribing practices of prescribers who
have admitting privileges to the hospital; providing that information obtained
from accessing the West Virginia Controlled Substances Monitoring Program
database shall be documented in a patient?s medical record maintained by a
private prescriber or any inpatient facility licensed pursuant to Public
Health; allowing the Board of Pharmacy to require that drugs of concern be
reported to the database; exempting reporting requirements for drugs of concern
from criminal penalties; allowing duly authorized agents of the Office of
Health Facility Licensure and Certification to access the database for use in
certification, licensure and regulation of health facilities; providing that a
failure to report drugs of concern may be considered a violation of the practice
act of the prescriber and may result in discipline by the appropriate licensing
board; providing for rulemaking; requiring the licensing boards to report to
the Board of Pharmacy when notified of unusual prescribing habits of a
licensee; and making technical corrections.
On motion of Senator Ferns, the following
amendments to the House of
Delegates amendments to the bill
(Eng. Com. Sub. for Com. Sub. for S. B. 333) were reported by the Clerk, considered simultaneously, and
adopted:
On page
On page eleven, section nine, subsection
(a), subdivision (8), by striking out the words ?the first name, last name and
middle initial, address and birth date of the person picking up the
prescription? and inserting in lieu thereof the words ?information about the
person picking up the prescription?;
And,
By striking out the title and substituting
therefor a new title, to read as follows:
Eng.
Com. Sub. for Com. Sub. for Senate Bill 333?A Bill to amend and reenact ?60A-9-4, ?60A-9-5 and ?60A-9-5a of the
Code of West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated ?60A-9-9, all relating to the Controlled
Substances Monitoring Program database; requiring reporting instances of an
overdose or a suspected overdose to the database; setting out elements to be
reported; allowing access to the database to deans of the state?s medical
schools or their designees for monitoring prescribing practices of prescribing
faculty members, prescribers and residents enrolled in a degree program at the
school where the dean serves; allowing access to designated physician reviewers
for medical provider employers; providing access to a physician reviewer
designated by an employer of medical providers for monitoring prescribing
practices of physicians, advance practice registered nurses or physician
assistants in their employ; providing access to chief medical officers of a
hospital or a physician designated by the chief executive officer of a hospital
who does not have a chief medical officer for monitoring prescribing practices
of prescribers who have admitting privileges to the hospital; providing that
information obtained from accessing the West Virginia Controlled Substances
Monitoring Program database shall be documented in a patient?s medical record
maintained by a private prescriber or any inpatient facility licensed pursuant
to Public Health; allowing the Board of Pharmacy to require that drugs of
concern be reported to the database; clarifying identity information required
to be retained by dispensers of controlled substances regarding persons picking
up prescriptions other than the patient; exempting reporting requirements for
drugs of concern from criminal penalties; allowing duly authorized agents of
the Office of Health Facility Licensure and Certification to access the
database for use in certification, licensure and regulation of health
facilities; providing that a failure to report drugs of concern may be
considered a violation of the practice act of the prescriber and may result in
discipline by the appropriate licensing board; providing for rulemaking;
requiring the licensing boards to report to the Board of Pharmacy when notified
of unusual prescribing habits of a licensee; and making technical corrections.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Committee
Substitute for Senate Bill 333, 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 Com. Sub. for S. B. 333) 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.
Executive Communications
The Clerk then presented
At the request of Senator Prezioso, and by
unanimous consent, Senator Prezioso addressed the Senate regarding Senator
Stollings receiving the West Virginia Chapter of the American Academy of
Pediatrics Friend of Children award.
Thereafter, 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, at the request of Senator Ferns, and by unanimous consent, proceeded to the eighth order of business.
Eng.
Com. Sub. for House Bill 2002, Relating to parental notification of abortions performed on
unemancipated minors.
On third reading, coming up in regular
order, with the unreported
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk:
By striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2F. PARENTAL NOTIFICATION OF
ABORTIONS PERFORMED ON UNEMANCIPATED MINORS.
?16-2F-1. Legislative findings and intent.
(a) The Legislature finds
that immature minors often lack the ability to make fully informed choices that
take into account both immediate and long-range consequences of their actions;
that the medical, emotional and psychological consequences of abortion are
serious and of indeterminate duration, particularly when the patient is
immature; that in its current abortion policy as expressed in Bellotti v. Baird, 443 U. S. 622 (1979),
and H. L. v. Matheson, 450 U.
S. 398 (1981), and Hodgson v.
Minnesota, 497 U.S. 417, (1990), the United States Supreme Court clearly
relies on physician?s commitment to consider all factors, physical and
otherwise, before performing abortions on minors held that notification
of a parent with a judicial waiver procedure is Constitutional; that
parents ordinarily possess information essential to a physician?s exercise of
his or her best medical judgment concerning their child; and that
parents who are aware that their minor daughter has had an abortion may better
ensure that the minor receives adequate medical attention after her abortion.
(b) The Legislature further
finds that parental consultation regarding abortion is usually desirable and in
the best interests of the minor.
(c) The Legislature further
finds in accordance with the U. S. Supreme Court?s decision in Bellotti v.
Baird, 443 U. S. 622 (1979), and H. L. v. Matheson, 450 U. S. 398 (1981), that
there exists important and compelling state interests:
(i) (1) in protecting
minors against their own immaturity,
(ii) (2) in fostering
the family structure and preserving it as a viable social unit, and
(iii) (3) in protecting
the rights of parents to rear their own children in their own household.
(d) It is, therefore, the
intent of the Legislature to further these important and compelling state
interests by enacting this parental notice provision.
?16-2F-2. Definitions.
For purposes of this
article, unless the context in which used clearly requires otherwise:
(1) ?Minor? means any
person under the age of eighteen years who has not graduated from high school.
(2) ?Unemancipated minor?
means any minor who is neither married nor who has been emancipated as pursuant
to applicable federal law or as provided by section twenty-seven, article
seven, chapter forty-nine of this code.
(3) ?Actual notice? means
the giving of notice directly, in person or by telephone.
(4) ?Constructive notice?
means the giving of notice by certified mail to the last known address of the
parents or legal guardian, return receipt requested.
(5) ?Abortion? means the
use of any instrument, medicine, drug or any other substance or device with
intent to terminate the pregnancy of a female known to be pregnant and with
intent to cause the expulsion of a fetus other than by live birth: Provided,
That nothing in this article shall be construed so as to prevent the prescription,
sale or transfer of intrauterine contraceptive devices or other contraceptive
devices or other generally medically accepted contraceptive devices,
instruments, medicines or drugs for a female who is not known to be pregnant
and for whom such contraceptive devices, instruments, medicines or drugs were
prescribed by a physician solely for contraceptive purposes and not for the
purpose of inducing or causing the termination of a known pregnancy.
As used in this article:
(1) ?Abortion? means the
use of any instrument, medicine, drug or any other substance or device with
intent to terminate the pregnancy of a female known to be pregnant and with
intent to cause the expulsion of a fetus other than by live birth. This article
does not prevent the prescription, sale or transfer of intrauterine
contraceptive devices, other contraceptive devices or other generally medically
accepted contraceptive devices, instruments, medicines or drugs for a female
who is not known to be pregnant and for whom the contraceptive devices,
instruments, medicines or drugs were prescribed by a physician solely for
contraceptive purposes and not for the purpose of inducing or causing the
termination of a known pregnancy.
(2) ?Medical emergency?
means the same as that term is defined in section two, article two-m of this
chapter.
(3) ?Secretary? means the
Secretary of the West Virginia Department of Health and Human Resources.
(4) ?Unemancipated minor?
means any person less than eighteen years of age who is not, or has not been,
married, who is under the care, custody and control of the person?s parent or
parents, guardian or court of competent jurisdiction pursuant to applicable
federal law or as provided in section twenty-seven, article seven, chapter
forty-nine of this code.
?16-2F-3. Parental notification required for abortions performed
on unemancipated minors.
(a) No physician may
perform an abortion upon an unemancipated minor unless such physician has given
or caused to be given at least twenty-four hours actual notice to one of the
parents or to the legal guardian of the pregnant minor of his intention to perform
the abortion, or, if the parent or guardian cannot be found and notified after
a reasonable effort to do so, without first having given at least forty- eight
hours constructive notice computed from the time of mailing to the parent or to
the legal guardian of the minor: Provided, That prior to giving the
notification required by this section, the physician shall advise the
unemancipated minor of the right of petition to the circuit court for waiver of
notification: Provided, however, That any such notification may be
waived by a duly acknowledged writing signed by a parent or the guardian of the
minor.
(b) Upon notification being
given to any parent or to the legal guardian of such pregnant minor, the
physician shall refer such pregnant minor to a counselor or caseworker of any
church or school or of the department of human services or of any other
comparable agency for the purpose of arranging or accompanying such pregnant
minor in consultation with her parents. Such counselor shall thereafter be authorized
to monitor the circumstances and the continued relationship of and between such
minor and her parents.
(c) Parental notification
required by subsection (a) of this section may be waived by a physician, other
than the physician who is to perform the abortion, if such other physician
finds that the minor is mature enough to make the abortion decision
independently or that notification would not be in the minor?s best interest. Provided,
That such The other physician shall not be associated professionally or
financially with the physician proposing to perform the abortion.
(a) A physician may not perform an
abortion upon an unemancipated minor until notice of the pending abortion as
required by this section is complete.
(b) A physician or his or her agent may
personally give notice directly, in person, by telephone or by letter to the
parent, the guardian or conservator of the unemancipated minor at their usual
place of residence and shall be delivered personally by the physician or his or
her agent. Upon delivery of the notice, forty-eight hours shall pass until the
abortion may be performed.
(c) A physician or his or her agent may
provide notice by certified mail addressed to the parent, the guardian or
conservator of the unemancipated minor at their usual place of residence,
return receipt requested. The delivery shall be sent restricted delivery
assuring that the letter is delivered only to the addressee. Time of delivery
shall be deemed to occur at twelve o?clock noon on the next day on which
regular mail delivery takes place unless. Upon delivery of the notice,
forty-eight hours shall pass until the abortion may be performed.
(d) Notice may be waived if the person
entitled to notice certifies in writing that he or she has been notified.
?16-2F-4. Process to obtain waiver of notification.
(a) A minor An
unemancipated minor who objects to such the notice being
given to her parent or legal guardian may petition for a waiver of such the
notice to the circuit court of the county in which the minor unemancipated
minor resides or in which the abortion is to be performed, or to the judge
of either of such courts. Such minor may so petition and proceed in her own
right or, at her option, by a next friend.
(b) Such The
petition need not be made in any specific form and shall be sufficient if it
fairly sets forth the facts and circumstances of the matter, but shall contain
the following information:
(i) The age of the petitioner
unemancipated minor and her educational level;
(ii) The county and state
in which she resides; and
(iii) A brief statement of petitioner?s
unemancipated minor?s reason or reasons for the desired waiver of
notification of the parent or guardian of such minor petitioner unemancipated
minor.
No such petition shall be
dismissed nor shall any hearing thereon be refused because of any defect in the
form of the petition.
(c) Upon the effective
date of this article or as soon thereafter as may be, The Attorney General
shall prepare suggested form petitions and accompanying instructions and shall
make the same available to the several clerks of the circuit courts. Such
The clerks shall see that a sufficient number of such suggested make
the form petitions and instructions are available in the clerks
office. for the use of any person desiring to use the same for the purposes
of this section.
(d) All The
proceedings held pursuant to this article shall be confidential and the court
shall conduct all such the proceedings in camera. The court shall
inform the minor petitioner unemancipated minor of her right to
be represented by counsel. and that If she the unemancipated
minor is without the requisite funds to retain the services of an attorney,
that the court will appoint an attorney to represent her the
unemancipated minor?s interest in the matter. If the minor petitioner
unemancipated minor desires the services of an attorney, an attorney
shall be appointed to represent such the minor petitioner unemancipated
minor, if she the unemancipated minor advises the court under
oath or affidavit that she the unemancipated minor is financially
unable to retain counsel. Any An attorney appointed to represent such
the minor petitioner unemancipated minor shall be
appointed and paid for his or her services pursuant to the provisions of
article twenty-one, chapter twenty-nine of this code. Provided,
That The pay to any such attorney pursuant to such appointment shall
not exceed the sum of $100.
(e) The court shall conduct
a hearing upon the petition without delay, but in no event shall the delay
may not exceed the next succeeding judicial day. and The court
shall render its decision immediately upon its submission and, in any event,
an order reflecting the findings of fact and conclusions of law reached by the
court and its judgement shall be endorsed by the judge thereof its
written order not later than twenty-four hours following such submission
and shall be forthwith entered of in the record by the
clerk of the court. All testimony, documents, and other evidence, presented
to the court, as well as the petition, and any orders entered
thereon and all records of whatsoever nature and kind relating to the
matter shall be sealed by the clerk and shall not be opened to any person
except upon order of the court and, then, only upon a showing of
good cause. being shown therefor. A separate order book for the purposes
of this article shall be maintained by such the clerk and shall likewise
be sealed and not open to inspection by any person save upon order of the court
for good cause shown.
(f) Notice as required by
section three of this article shall be ordered waived by the court if the court
finds either:
(1) That the minor
petitioner unemaciated minor is mature and well informed
sufficiently to make the decision to proceed with the abortion independently
and without the notification or involvement of her parent or legal guardian; or
(2) That notification to
the person or persons to whom such the notification would
otherwise be required would not be in the best interest of the minor
petitioner unemancipated minor.
(g) If or when the circuit
court, or the judge thereof, shall refuse to order the waiver of the
notification required by section three of this article, a copy of the petition
and all orders entered in the matter and all other documents and papers
submitted to the circuit court, may be presented to the Supreme Court of
Appeals, or to any justice thereof if such court then be in vacation, and such
court or justice if deemed proper, may thereupon order the waiver of
notification otherwise required by section three of this article. The Supreme
Court of Appeals or justice thereof shall hear and decide the matter without
delay and shall enter such orders as such court or justice may deem
appropriate.
(h) If either the circuit
court or the Supreme Court of Appeals, or any judge or justice thereof if
either of such courts be then in vacation, shall order a waiver of the
notification required by section three of this article, any physician to whom a
certified copy of said order shall be presented may proceed to perform the
abortion to the same extent as if such physician were in compliance with the
provisions of said section three and, notwithstanding the fact that no
notification is given to either the parent or legal guardian of any such
unemancipated minor, any such physician shall not be subject to the penalty
provisions which may be prescribed by this article for such failure of
notification.
(g) A confidential appeal
shall be available to any unemancipated minor to whom a court denies an order
authorizing an abortion without notification. An order authorizing an abortion
without notification may not be appealed. Access to the trial court and the
Supreme Court of Appeals shall be given to an unemancipated minor.
(i) (h) No
Filing fees may be are not required of any unemancipated minor
who avails herself of any of the procedures provided by this section.
?16-2F-5. Emergency exception from notification requirements.
(a) The notification
requirements of section three of this article do not apply where the
attending physician certifies that there is an emergency a
need for an abortion to be performed if the continuation of the pregnancy
constitutes an immediate threat and grave risk to the life or health of the pregnant
minor and the attending physician so certifies in writing setting forth the
nature of such threat or risk and the consequences which may be attendant to
the continuation of the pregnancy due to a medical emergency. Such
writing A description of the medical emergency shall be maintained
with the other unemancipated minor?s medical records. relating
to such minor which are maintained. by the physician and the facility at which
such abortion is performed.
(b) If the
physician who is to perform the abortion concludes under subsection (a) of this
section that a medical emergency exists and that there is insufficient time to
provide the notice required by section three of this article, the physician
shall make a reasonable effort to inform, in person or by telephone, the
parent, managing conservator, or guardian of the unemancipated minor within 24
hours after the time a medical emergency abortion is performed on the minor of:
(1) The
performance of the abortion; and
(2) The basis
for the physician?s determination that a medical emergency existed that
required the performance of a medical emergency abortion without fulfilling the
requirements of section three.
(c) A
physician who performs an abortion under the circumstances described in
subsection (a) of this section shall, not later than 48 hours after the
abortion is performed, send a written notice that a medical emergency occurred
and that the parent, managing conservator, or guardian may contact the
physician for more information and medical records, to the last known address
of the parent, managing conservator, or guardian by certified mail, restricted
delivery, return receipt requested. The physician may rely on last known
address information if a reasonable and prudent person, under similar circumstances,
would rely on the information as sufficient evidence that the parent, managing
conservator, or guardian resides at that address. The physician shall keep in
the minor?s medical record:
(1) The return
receipt from the written notice; or
(2) If the notice
was returned as undeliverable, the notice.
(d) A physician
who performs an abortion on an unemancipated minor during a medical emergency
as described in subsection (a) of this section shall execute for inclusion in
the medical record of the minor an affidavit that explains the specific medical
emergency that necessitated the immediate abortion.
?16-2F-6. Reporting requirements for physicians.
(a) Any A
physician performing an abortion upon an unemancipated minor shall provide the department
of health secretary a written report of the procedure within thirty
days after having performed the abortion. The department of health shall
provide reporting forms for this purpose to all physicians and public health
facilities required to be licensed pursuant to article five-b of this chapter.
The following information, in addition to any other information which may be
required by the department of health secretary, regarding the
minor an unemancipated minor receiving the abortion shall be
included in such the reporting form:
(1) Age;
(2) Educational level;
(3) Previous pregnancies;
(4) Previous live births;
(5) Previous abortions;
(6) Complications, if any,
of the abortion being reported;
(7) Reason for waiver of
notification, of the minor?s parent or guardian, if such notice was
waived; and
(8) The city and county in
which the abortion was performed.
(b) Any such The
report shall not contain the name, address or other information by which the minor
unemancipated minor receiving the abortion may be identified.
?16-2F-8. Penalties.
Any person who knowingly
performs an abortion upon an unemancipated minor in violation of this article
or who knowingly fails to conform to any requirement of this article shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less
than $500 nor more than $1,000 or imprisoned in the county jail not more than
thirty days, or both fined and imprisoned.
(a) Any physician or other
licensed medical practitioner who intentionally or recklessly performs or
induces an abortion in violation of this article is considered to have acted
outside the scope of practice permitted by law or otherwise in breach of the
standard of care owed to patients, and is subject to discipline from the
applicable licensure board for that conduct, including, but not limited to,
loss of professional license to practice.
(b) A person, not subject
to subsection (a) of this section, who intentionally or recklessly performs or
induces an abortion in violation of this article is considered to have engaged
in the unauthorized practice of medicine in violation of section thirteen,
article three, chapter thirty of this code, and upon conviction, subject to the
penalties contained in that section.
(c) In addition to the
penalties set forth in subsections (a) and (b) of this section, a patient may
seek any remedy otherwise available to such patient by applicable law.
(d) No penalty may be assessed against
any patient upon whom an abortion is performed or induced or attempted to be
performed or induced.
??????????? On motion of Senator Palumbo, the following amendment to the Health and Human Resources committee amendment to the bill (Eng. Com. Sub. for H. B. 2002) was reported by the Clerk:
On page
(e) The parental
notification required by subsections (a) through (c), inclusive, of this
section may be waived by a physician who is qualified to treat mental health,
psychiatrist or psychologist, if such physician, psychiatrist or psychologist:
(1) Does not perform abortions as part of his or her practice; (2) is not
associated professionally or financially with the physician proposing to
perform the abortion; and (3) finds that the notification would not be in the
minor?s best interest. Any physician, psychiatrist or psychologist that
certifies the three requirements contained in this subsection shall file a
petition under seal with the circuit court of the county within which the minor
resides within twenty-four hours of making the determination that the
notification would not be in the minor?s best interest. The circuit court shall
review the filing forthwith and direct appropriate measures in the best interests
of the minor be taken in order to secure the safety of the minor and preserve
any evidence of a crime committed in connection with the pregnancy, if
applicable.
??????????? Following discussion,
The
question being on the adoption of Senator Palumbo's
amendment to the Health and Human Resources committee amendment to the bill,
and on this question, Senator Rucker demanded the yeas and nays.
The
roll being taken, the yeas were: Beach, Boley, Facemire, Jeffries, Maroney,
Miller, Palumbo, Plymale, Romano, Stollings, Takubo and Carmichael (Mr.
President)?12.
The
nays were: Azinger, Blair, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes,
Mann, Maynard, Mullins, Ojeda, Prezioso, Rucker, Smith, Swope, Sypolt, Trump,
Unger, Weld and Woelfel?22.
Absent:
None.
So, a
majority of those present and voting not having voted in the affirmative, the
President declared Senator Palumbo's amendment to the Health and Human
Resources committee amendment to the bill rejected.
??????????? The question now being on the
adoption of the Health and Human Resources committee amendment to the bill, the
same was put and prevailed.
There being no further amendments offered,
Having
been engrossed, the bill (Eng.
Pending
discussion,
The
question being ?Shall Engrossed
On the passage of the bill, the yeas were: Azinger, Blair, Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda, Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?28.
The nays were: Beach, Facemire, Jeffries, Miller, Palumbo and Romano?6.
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 2002?A
Bill to amend and reenact ?16-2F-1, ?16-2F-2, ?16-2F-3, ?16-2F-4, ?16-2F-5,
?16-2F-6 and ?16-2F-8 and of the Code of West Virginia, 1931, as amended, all
relating to parental notification of abortions performed on unemancipated
minors; setting out legislative findings; defining terms; clarifying parental
notification requirements prior to performing an abortion on an unemancipated
minor; modifying waiver language; providing exceptions; providing a judicial
process to not permit parental notification; requiring parental notice
following abortion due to medical emergency; requiring reporting; providing for
disciplinary actions; and modifying penalties.
Ordered, That The Clerk communicate to
the House of Delegates the action of the Senate
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.
On motion of Senator Ferns, the Senate requested the return from the House of Delegates of
??????????? Eng. Com. Sub. for Senate Bill 238, Increasing tax credits allowed for rehabilitation of certified historic structures.
??????????? Having been received as a House message on yesterday, Friday, April 7, 2017; for the purpose of subsequently moving reconsideration of the vote on Senator Ferns? motion to refuse to concur in the House of Delegates amendments to the bill.
??????????? Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence as to the recall of Engrossed Committee Substitute for Senate Bill 238.
??????????? On motion of Senator Ferns, the Senate recessed until 2 p.m. today.
??????????? Upon expiration of the recess, the Senate reconvened and, at the request of Senator Hall, and by unanimous consent, returned to the second order of business and the introduction of guests.
??????????? The Senate again then proceeded to the third order of business.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the passage of
Eng.
Senate Bill 25, Creating
farm-to-food bank tax credit.
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 219,
Relating to conspiracy to commit crimes under Uniform Controlled Substances
Act.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate amendments to
the House of Delegates amendments to, and the passage as amended, with its
Senate amended title, of
Eng.
Com. Sub. for Senate Bill 362, Authorizing redirection of certain amounts to General Revenue Fund.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2759,
Creating Statewide Interoperable Radio Network.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
House Bill 2962, Enlarging
the authority of the Tax Commissioner to perform background investigations of
employees and contractors.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
House Bill 2967, Relating
generally to administration of estates and trusts.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2980,
Relating to civil lawsuit filing fees for multiple defendant civil action.
??????????? At the request of Senator Ferns, unanimous consent being granted, the Senate proceeded to the eighth order of business and the consideration of
Eng.
Com. Sub. for House Bill 2711, Abolishing regional educational service agencies and providing for the
transfer of property and records.
On third reading, coming up out of 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, Cline, Gaunch, Hall, Karnes, Mann, Maynard,
Miller, Mullins, Plymale, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld and
Carmichael (Mr. President)?21.
The nays were: Beach, Clements, Facemire,
Ferns, Jeffries, Maroney, Ojeda, Palumbo, Prezioso, Romano, Stollings, Unger
and Woelfel?13.
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
Eng.
Com. Sub. for House Bill 2711?A
Bill to repeal ?18-2-26a of the Code of West Virginia, 1931, as amended; to
amend and reenact ?18-2-26 of said code; to amend and reenact ?18-2E-1a and ?18-2E-5
of said code; to amend and reenact ?18-5-13 and ?18-5-45 of said code; to
further amend said code by adding thereto two new sections designated ?18-5-13b
and ?18-5-13c; to amend and reenact ?18-5A-5 of said code; to amend and reenact
?18-9A-8a of said code; and to amend and reenact ?18A-4-14 of said code, all
relating generally to education; repealing requirement for biennial meetings of
county boards by region; providing for dissolving regional educational service
agencies by certain date; allowing for modification and dissolving by
cooperative agreement before said date; providing for the transfer, liquidation
or disbursement of property and records; requiring state board to
constructively engage with the legislative oversight commission on education
accountability prior to adopting certain standards and prior to adoption of a
new statewide summative assessment; requiring certain state board actions
before full implementation of a new accountability system; modifying state
board prohibitions and duties as part of its on-going responsibility for
developing and implementing a program of standards, assessments and a program
of accountability; clarifying responsibilities and authority of Legislature and
state board with respect to process for improving education and purposes and
intent of system of accountability; modifying areas for which the state board
is required to adopt high-quality education standards; modifying statewide
assessment program; modifying annual performance measures for accreditation;
requiring county board use of statewide electronic information system; modifying
process for assessing school and school system performance; eliminating office
of education performance audits and authorizing employment of experienced
education professionals with certain duties; modifying school accreditation and
removing authorization for state board intervention in school operations;
modifying school system approval and processes for state board intervention;
modifying processes for improving capacity; modifying process for building
leadership capacity of system during intervention; expanding county board
authority for entering into cooperative agreements; establishing the County
Superintendents? Advisory Council; setting forth the council?s authority and
responsibilities, including the formation of four geographic quadrants to carry
out the work of the council; requiring certain meetings and reports;
authorizing county board agreements to establish educational services
cooperatives; providing references to regional education service agencies mean
cooperatives; providing priorities for transfer, liquidation and disbursement
of regional education service agency property, equipment and records upon
dissolution; providing for governing council of educational services
cooperatives; providing for powers and duties; providing for cooperative annual
plan and optional programs and services; providing for selection of fiscal
agent county board and annual audit; providing for staff and member expenses;
providing for member compensation; removing the word ?separate? as it relates
to the number of instructional days in the school calendar; designating one
noninstructional day for teachers as a preparation day for opening school and
another for teachers as a preparation day for closing school; allowing teacher
preparation days to be used for certain other purposes at teacher?s discretion;
increasing number of two-hour blocks for faculty senate meetings from four to
six; removing requirement that faculty senate meetings be held once every
forty-five days; permitting certain accrued minutes to be used for lost
instructional days; encouraging the use of reimagining student instructional
days to achieve the one hundred eighty instructional day requirement; reducing
foundation allowance for regional education service agencies; requiring
educators to receive uninterrupted time for planning periods each day;
prohibiting administrators from requiring a teacher to use the planning period
time to complete duties beyond instructional planning; and making technical
improvements and removing obsolete provisions.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Ferns, and by
unanimous consent, the Senate proceeded to the consideration of
Eng.
Com. Sub. for House Bill 2196, Relating to the secondary schools athletic commission.
On third reading, coming up out of 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, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Maroney,
Maynard, Mullins, Plymale, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Woelfel and Carmichael (Mr. President)?23.
The nays were: Beach, Boso, Facemire,
Jeffries, Miller, Ojeda, Palumbo, Prezioso, Romano and Weld?10.
Absent: Mann?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
Eng.
Com. Sub. for House Bill 2196?A
Bill to amend and reenact ?18-2-25 of the Code of West Virginia, 1931, as
amended, relating to the Secondary Schools Athletic Commission; participation
by home school, private and parochial school students without an
interscholastic program available; providing that the private and parochial
schools must be registered; setting forth standards for each nonenrolled
student participant to meet; providing that each home school, private or
parochial student pay the same fees associated with participation as public
school students; and providing that the state board accumulate data as to the
costs associated with the nonenrolled students participating in interscholastic
activities.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Weld, unanimous
consent being granted, Senator Weld announced meetings of the committees of
conference on Engrossed Committee Substitute for House Bills 2329, 2579 and
2585.
At the request of Senator Ferns, and by
unanimous consent, the Senate proceeded to the consideration of
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 third reading, coming up out of 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 elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng.
On motion of Senator
Eng.
Com. Sub. for House Bill 2801?A
Bill expiring funds to the unappropriated balance in the State Fund, General
Revenue, for the fiscal year ending June 30, 2017, in the amount of $2,000,000 from the Legislative, Senate, fund 0165,
fiscal year 2012, organization 2100, appropriation 02100, in the amount of $1,000,000
from the Legislative, Senate, fund 0165, fiscal year 2012, organization 2100,
appropriation 06400, in the amount of $500,000 from the Legislative, House of
Delegates, fund 0170, fiscal year 2015, organization 2200, appropriation 00500,
in the amount of $1,500,000 from the Legislative, House of Delegates, fund
0170, fiscal year 2015, organization 2200, appropriation 02100, in the amount
of $500,000 from the Legislative, Joint Expenses, fund 0175, fiscal year 2015,
organization 2300, appropriation 10400, in the amount of $2,000,000 from the
Executive, Governor?s Office, fund 0101, fiscal year 2005, organization 0100,
appropriation 66500, in the amount of $800,000 from the Executive, Governor?s
Office ? Civil Contingent Fund, fund 0105, fiscal year 2005, organization 0100,
appropriation 08400, in the amount of $200,000 from the Executive, Governor?s
Office ? Civil Contingent Fund, fund 0105, fiscal year 2008, organization 0100,
appropriation 11400, in the amount of $400,000 from the Department of Commerce,
West Virginia Development Office, fund 0256, fiscal year 2009, organization
0307, appropriation 13100, in the amount of $400,000 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year 2011,
organization 0307, appropriation 13100, in the amount of $200,000 from the
Department of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2012, organization 0307, appropriation 13100, in the amount of $500,000
from the Department of Commerce, West Virginia Development Office, fund 0256,
fiscal year 2007, organization 0307, appropriation 81900, in the amount of
$500,000 from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2008, organization 0307, appropriation 81900, in the
amount of $500,000 from the Department of Commerce, West Virginia Development
Office, fund 0256, fiscal year 2009, organization 0307, appropriation 81900, in
the amount of $1,600,000 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2010, organization 0307,
appropriation 81900, in the amount of $1,500,000 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year 2011,
organization 0307, appropriation 81900, in the amount of $640,000 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal year 2012,
organization 0307, appropriation 81900, in the amount of $628,000 from the
Department of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2014, organization 0307, appropriation 81900, in the amount of $932,000
from the Department of Commerce, West Virginia Development Office, fund 0256,
fiscal year 2015, organization 0307, appropriation 81900, in the amount of
$650,000 from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2012, organization 0307, appropriation 94100, in the
amount of $150,000 from the Department of Education, State Board of Education ?
State Department of Education, fund 0313, fiscal year 2011, organization 0402,
appropriation 16100, in the amount of $400,000 from the Department of
Education, State Board of Education ? State Department of Education, fund 0313,
fiscal year 2012, organization 0402, appropriation 16100, in the amount of
$400,000 from the Department of Education, State Board of Education ? State
Department of Education, fund 0313, fiscal year 2013, organization 0402,
appropriation 16100, in the amount of $150,000 from the Department of
Education, State Board of Education ? State Department of Education, fund 0313,
fiscal year 2014, organization 0402, appropriation 16100, in the amount of
$500,000 from the Department of Education, State Board of Education ? State
Department of Education, fund 0313, fiscal year 2014, organization 0402,
appropriation 88600, in the amount of $40,000 from the Department of Health and
Human Resources ? Office of the Secretary, fund 0400, fiscal year 2015,
organization 0501, appropriation 19100, in the amount of $60,000 from the
Department of Health and Human Resources ? Office of the Secretary, fund 0400,
fiscal year 2016, organization 0501, appropriation 19100, in the amount of
$1,000,000 from the Department of Health and Human Resources, Consolidated
Medical Services Fund, fund 0525, fiscal year 2014, organization 0506,
appropriation 21900, in the amount of $200,000 from the Department of Military
Affairs and Public Safety, Division of Corrections ? Correctional Units, fund
0450, fiscal year 2011, organization 0608, appropriation 09700, in the amount
of $200,000 from the Department of Military Affairs and Public Safety, Division
of Corrections ? Correctional Units, fund 0450, fiscal year 2012, organization
0608, appropriation 09700, in the amount of $480,000 from the Department of
Military Affairs and Public Safety, Division of Corrections ? Correctional
Units, fund 0450, fiscal year 2012, organization 0608, appropriation 66100, in
the amount of $1,000,000 from the Department of Military Affairs and Public
Safety, Division of Corrections ? Correctional Units, fund 0450, fiscal year
2012, organization 0608, appropriation 67700, in the amount of $500,000 from
the Department of Military Affairs and Public Safety, Division of Justice and
Community Services, fund 0546, fiscal year 2014, organization 0620,
appropriation 56100, in the amount of $100,000 from the Department of Military
Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal
year 2011, organization 0621, appropriation 75500, in the amount of $80,000
from the Department of Revenue, State Budget Office, fund 0595, fiscal year
2009, organization 0703, appropriation 09900, in the amount of $300,000 from
the Department of Transportation, Aeronautics Commission, fund 0582, fiscal
year 2013, organization 0807, appropriation 13000, in the amount of $200,000
from the Department of Veterans? Assistance, fund 0456, fiscal year 2013,
organization 0613, appropriation 28600, in the amount of $100,000 from the
Department of Veterans? Assistance, fund 0456, fiscal year 2014, organization
0613, appropriation 28600, in the amount of $500,000 from the West Virginia
Council for Community and Technical College Education ? Control Account, fund
0596, fiscal year 2012, organization 0420, appropriation 66100, in the amount
of $200,000 from the Higher Education Policy Commission ? Administration ?
Control Account, fund 0589, fiscal year 2012, organization 0441, appropriation
09700, in the amount of $1,000,000 from the Higher Education Policy Commission
? Administration ? Control Account, fund 0589, fiscal year 2012, organization
0441, appropriation 66100, in the amount of $40,404,684.31 from the Department
of Revenue, Office of the Secretary ? Revenue Shortfall Reserve Fund, fund
7005, fiscal year 2017, organization 0701, in the amount of $20,000,000 from
the Department of Revenue, Insurance Commissioner ? Insurance Commission Fund,
fund 7152, fiscal year 2017, organization 0704, in the amount of $100,000 from
the State Board of Education, fund 3951, fiscal year 2007, organization 0402,
appropriation 09900, in the amount of $300,000 from the State Board of
Education, fund 3951, fiscal year 2008, organization 0402, appropriation 09900,
in the amount of $500,000 from the State Board of Education, fund 3951, fiscal
year 2012, organization 0402, appropriation 09900, in the amount of $500,000
from the State Board of Education, fund 3951, fiscal year 2013, organization
0402, appropriation 39600, in the amount of $500,000 from the State Board of
Education, fund 3951, fiscal year 2014, organization 0402, appropriation 39600,
in the amount of $1,000,000 from the State Board of Education, fund 3951,
fiscal year 2014, organization 0402, appropriation 93300, in the amount of
$150,000 from the Division of Culture and History ? Lottery Education Fund,
fund 3534, fiscal year 2003, organization 0432, appropriation 86500, in the
amount of $40,000 from the Division of Culture and History ? Lottery Education
Fund, fund 3534, fiscal year 2012, organization 0432, appropriation 62400, in
the amount of $150,000 from the Library Commission ? Lottery Education Fund,
fund 3559, fiscal year 2011, organization 0433, appropriation 62500, in the
amount of $250,000 from the Library Commission ? Lottery Education Fund, fund
3559, fiscal year 2012, organization 0433, appropriation 62500, in the amount
of $150,000 from the Bureau of Senior Services- Lottery Senior Citizens Fund,
fund 5405, fiscal year 2011, organization 0508, appropriation 46200, in the
amount of $350,000 from the Bureau of Senior Services- Lottery Senior Citizens
Fund, fund 5405, fiscal year 2012, organization 0508, appropriation 46200, in
the amount of $550,000 from the Bureau of Senior Services- Lottery Senior
Citizens Fund, fund 5405, fiscal year 2013, organization 0508, appropriation
46200, in the amount of $50,000 from the West Virginia Development Office, fund
3170, fiscal year 2007, organization 0307, appropriation 92300, in the amount
of $2,500,000 from the West Virginia Development Office, fund 3170, fiscal year
2008, organization 0307, appropriation 25300, in the amount of $400,000 from
the West Virginia Development Office, fund 3170, fiscal year 2013, organization
0307, appropriation 09600, in the amount of $1,000,000 from the Division of
Corrections ? Correctional Units, fund 6283, fiscal year 2010, organization
0608, appropriation 75500, in the amount of $500,000 from the Office of the
Treasurer, Financial Electronic Communication Fund, fund 1345, fiscal year
2017, organization 1300, in the amount of $1,000,000 from the Attorney General,
Consumer Protection Recovery Fund, fund 1509, fiscal year 2017, organization
1500, in the amount of $2,000,000 from the Department of Administration, Board
of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal
year 2017, organization 0218, in the amount of $110,467.62 from the Department of Administration,
Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2017, organization
0211, in the amount of $184,848.07 from the Department of Environmental
Protection, Dam Safety Rehabilitation Fund, fund 3025, fiscal year 2017,
organization 0313, in the amount of $500,000 from the Department of Health and
Human Resources, Health Care Authority Fund, fund 5375, fiscal year 2017,
organization 0507 and in the amount of $4,000,000 from the Public Service
Commission, Public Service Commission Fund, fund 8623, fiscal year 2017, organization
0926.
Senator
On this question, 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, 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
At the request of Senator Weld, unanimous consent being granted, Senator Weld announced a meeting of the committee of conference on Engrossed Senate Bill 554.
Without objection, the Senate returned to the third order of business.
A message
from The Clerk of the House of Delegates announced that that body had agreed to
the appointment of a committee of conference of
Eng. Com. Sub. for House Bill 2329,
Prohibiting the production, manufacture or possession of fentanyl.
The message
further announced the appointment of the following conferees on the part of the
House of Delegates:
Delegates
Sobonya, Hollen and R. Miller.
A message
from The Clerk of the House of Delegates announced that that body had agreed to
the appointment of a committee of conference of
Eng. Com. Sub. for House Bill 2579, Increasing
the penalties for transporting controlled substances.
The message
further announced the appointment of the following conferees on the part of the
House of Delegates:
Delegates
A message
from The Clerk of the House of Delegates announced that that body had agreed to
the appointment of a committee of conference of
Eng. Com. Sub. for House Bill 2585, Creating
felony crime of conducting financial transactions involving proceeds of
criminal activity.
The message
further announced the appointment of the following conferees on the part of the
House of Delegates:
Delegates
??????????? At the request of Senator Ferns, and by unanimous consent, the Senate again proceeded to the eighth order of business and the consideration of
Eng.
House Bill 3103, Making a
supplementary appropriation to the Department of Health and Human Resources.
On third reading, coming up out of 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 elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng.
Senator
On this question, 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,
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.
At the request of Senator Ferns, unanimous consent being granted, the Senate proceeded to the consideration of
Eng. Com. Sub. for House Bill 2935, Relating to state flood protection planning.
On third reading, coming up out of 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
Eng.
Com. Sub. for House Bill 2935?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new article, designated ?4-15-1; and to amend said code by adding thereto a new
article, designated ?29-30-1, ?29-30-2, ?29-30-3 and ?29-30-4, all relating to
state flood protection generally; establishing a Joint Legislative Committee on
Flooding and providing for duties; establishing the Resiliency and Flood
Protection Planning Act; providing legislative findings and purpose; creating
the State Resiliency Office within the Development Office in the Department of
Commerce; establishing a State Resiliency Office Board; providing certain
duties and authorities of the State Resiliency Office; and requiring reporting
to the Legislature.
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.
A message from The Clerk of the House of
Delegates announced that that body had refused to concur in the Senate
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 motion of Senator
Whereupon, Senator Carmichael (Mr.
President) appointed the following conferees on the part of the Senate:
Senators
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 that that body had refused
to concur in the Senate
Eng. Com. Sub. for House Bill 2631, Relating
to time standards for disposition of complaint proceedings.
On motion of
Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
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 that that body had refused
to concur in 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 motion of
Senator
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
Ordered,
That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
On motion of Senator Palumbo, the Senate
recessed until 3:25 p.m. today.
Upon expiration of the recess, the Senate
reconvened and, at the request of Senator Ferns, and by unanimous consent,
returned to the second order of business and the introduction of guests.
The Senate again proceeded to the third
order of business.
A message from The Clerk of the House of
Delegates announced that that body had agreed to the appointment of a committee
of conference of
Eng.
Com. Sub. for House Bill 2721,
Removing the cost limitation on projects completed by the Division of Highways.
The message further announced the
appointment of the following conferees on the part of the House of Delegates:
Delegates
A message from The Clerk of the House of
Delegates announced that that body had agreed to the appointment of a committee
of conference of
Eng.
Com. Sub. for House Bill 2722,
Eliminating the financial limitations on utilizing the design-build program for
highway construction.
The message further announced the
appointment of the following conferees on the part of the House of Delegates:
Delegates
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 Com. Sub. for Senate Bill 27, Relating
to microprocessor permit.
On motion of
Senator
The
following House of Delegates
By striking
everything after the enacting section and inserting in lieu thereof the
following:
ARTICLE 35.
FARMERS MARKETS.
?19-35-5. Microprocessor permit.
(a)
Notwithstanding any provision of chapter sixteen of this code or any rules
promulgated pursuant to that chapter to the contrary, a farmer?s market vendor
may apply for a microprocessor permit to sell certain foods at a farmer?s
market. A home, farm, community or commercial kitchen may be used by a
microprocessor. The microprocessor permit is required in addition to the farmer?s
market vendor permit.
(b)
A majority of all produce from a microprocessor?s products shall be from his or
her farm or garden. The microprocessor is required to keep production and food
source records for a period of two years. The food shall be labeled in
compliance with the West Virginia Department of Agriculture labeling standards
and provide information about its content and sources. The label shall include
the words ?MADE IN A WV ______ KITCHEN ? NOT FOR RESALE/ PROCESSED AND PREPARED
WITHOUT STATE INSPECTION? in capital, bold, 10-point type or larger, with the
blank space to state whether the product was made in a home, farm, community or
commercial kitchen. The label shall also include:
(1)
The name and address of the home-based processing operation;
(2)
The common or usual name of the food product;
(3)
Product ingredients that include potential food allergens such as, but not
limited to, milk, eggs, peanuts, tree nuts, wheat and soy;
(4)
The date the product was processed.
(c)
A microprocessor is permitted to sell:
(1)
Canned acidified foods, such as pickled products, sauces and salsas. Acidified
foods are low-acid foods to which acid or acid foods are added with a water
activity of greater than .085 and a finished equilibrium of pH 4.6 or below;
and
(2)
Frozen fruits and vegetables, which are not permitted to be vacuum-sealed.
(d)
Nonpotentially hazardous foods, and those already exempted, do not require a
microprocessor permit but require registration with the local health
department. These include, but are not limited to:
(1)
Breads, cakes and candies;
(2)
Honey, maple syrup, apple butter and molasses;
(3)
Standardized nondietary jams and jellies;
(4)
Fermented products;
(5)
Whole or chopped tomatoes, tomato sauce and tomato juice having a finished
equilibrium of pH 4.6 or below;
(6)
Exempted condiments; and
(7)
Dehydrated fruits and vegetables.
(e)
To qualify for a microprocessor permit, the applicant shall:
(1)
If the microprocessor makes acidified foods, they are required to complete
either a training program from the Better Control Process School for acidified
foods, an approved program set up by the West Virginia University Extension
Service or an approved training course approved by the Department of
Agriculture;
(2) Pass a
pre-opening permit inspection conducted by the local health department at the
microprocessor?s kitchen. The local health department may conduct at least one
annual operational inspection during the processing season at the
microprocessor?s kitchen or when warranted. The local health department has the
right to suspend operations or recall products for disease outbreaks, or
violations of rules or regulations. Any inspection by a local health department
shall be in compliance with rules promulgated by the West Virginia Department
of Health and Human Resources pursuant to section four of this article;
(3)
Possess a valid food handler?s permit from the local health department, if
required;
(4)
Use a USDA or West Virginia University pre-approved and tested recipe; and
(5)
Pay an annual permit fee of not more than $40 to the local health department
issuing the microprocessor permit.
(f)
A person may not offer for sale microprocessed products over the Internet or in
interstate commerce;
(g)
A person who purchases a product made by a microproducer shall not resell the
product;
(h)
Microprocessors shall not sell more than three thousand units per year in the
aggregate;
(i)
The following prohibitions shall apply to persons microprocessing food for sale
at a farmer?s market pursuant to a permit granted by the provisions of this
section:
(1)
No animals are permitted in the microprocessor?s kitchen or storage area at any
time during the production, preparation, processing or packing of products;
(2)
Smoking is not permitted in any portion of the microprocessor?s home which is
used for preparation, packaging, storage or handling of food and related
ingredients or equipment while food is being prepared, packaged, stored or
handled.;
And,
By
striking out the title and substituting therefor a new title, to read as
follows:
Eng. Com. Sub. for Com. Sub. for Senate
Bill 27?A Bill to amend
the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated ?19-35-5, relating to a microprocessor; establishing permit
requirements; establishing permit limitations; clarifying types of microprocessor
kitchens; requiring percentage from garden or farm; requiring recordkeeping;
requiring labeling; setting forth labeling requirements; clarifying foods
requiring permit; exempting certain foods; setting forth permit inspections;
establishing fees; allowing suspension of products; permitting recalls; setting
forth production prohibitions and limiting sales.
On motion of Senator Trump, the following
amendments to the House of
Delegates amendments to the bill
(Eng. Com. Sub. for Com. Sub. for S. B. 27) were reported by the Clerk, considered simultaneously, and
adopted:
On page
That the Code of West Virginia, 1931, as amended, be
amended by adding thereto two new sections, designated ?19-35-5 and ?19-35-5,
to read as follows:
ARTICLE 35. FARMERS MARKETS.
?19-35-5. Microprocessor
permit.
(a) Notwithstanding any provision of chapter
sixteen of this code or any rules promulgated pursuant to that chapter to the
contrary, a farmer?s market vendor may apply for a microprocessor permit to
sell certain foods at a farmer?s market. A home, farm, community or commercial
kitchen may be used by a microprocessor. The microprocessor permit is required
in addition to the farmer?s market vendor permit.
(b) A majority of all produce from a
microprocessor?s products shall be from his or her farm or garden. The
microprocessor is required to keep production and food source records for a
period of two years. The food shall be labeled in compliance with the West
Virginia Department of Agriculture labeling standards and provide information
about its content and sources. The label shall include the words ?MADE IN A WV
______ KITCHEN ? NOT FOR RESALE/ PROCESSED AND PREPARED WITHOUT STATE
INSPECTION? in capital, bold, 10-point type or larger, with the blank space to
state whether the product was made in a home, farm, community or commercial
kitchen. The label shall also include:
(1) The name and address of the home-based
processing operation;
(2) The common or usual name of the food
product;
(3) Product ingredients that include
potential food allergens such as, but not limited to, milk, eggs, peanuts, tree
nuts, wheat and soy;
(4) The date the product was processed.
(c) A microprocessor is permitted to sell:
(1) Canned acidified foods, such as pickled
products, sauces and salsas. Acidified foods are low-acid foods to which acid
or acid foods are added with a water activity of greater than .085 and a
finished equilibrium of pH 4.6 or below; and
(2) Frozen fruits and vegetables, which are
not permitted to be vacuum-sealed.
(d) Nonpotentially hazardous foods, and those
already exempted, do not require a microprocessor permit but require
registration with the local health department. These include, but are not
limited to:
(1) Breads, cakes and candies;
(2) Honey, maple syrup, apple butter and
molasses;
(3) Standardized nondietary jams and jellies;
(4) Fermented products;
(5) Whole or chopped tomatoes, tomato sauce
and tomato juice having a finished equilibrium of pH 4.6 or below;
(6) Exempted condiments; and
(7) Dehydrated fruits and vegetables.
(e) To qualify for a microprocessor permit,
the applicant shall:
(1) If the microprocessor makes acidified
foods, they are required to complete either a training program from the Better
Control Process School for acidified foods, an approved program set up by the
West Virginia University Extension Service or an approved training course
approved by the Department of Agriculture;
(2) Pass a
pre-opening permit inspection conducted by the local health department at the microprocessor?s kitchen. The local
health department may conduct at least one annual operational inspection during
the processing season at the microprocessor?s kitchen or when warranted. The
local health department has the right to suspend operations or recall products
for disease outbreaks or violations of rules or regulations. Any inspection by
a local health department shall be in compliance with rules promulgated by the
West Virginia Department of Health and Human Resources pursuant to section four
of this article;
(3) Possess a valid food handler?s permit
from the local health department, if required;
(4) Use a USDA or West Virginia University
pre-approved and tested recipe; and
(5) Pay an annual permit fee of not more than
$40 to the local health department issuing the microprocessor permit.
(f) A person may not offer for sale
microprocessed products over the Internet or in interstate commerce;
(g) A person who purchases a product made by
a microproducer shall not resell the product;
(h) Microprocessors shall not sell more than three
thousand units per year in the aggregate;
(i) The following prohibitions shall apply to
persons microprocessing food for sale at a farmer?s market pursuant to a permit
granted by the provisions of this section:
(1) No animals are permitted in the microprocessor?s kitchen or
storage area at any time during the production, preparation, processing or
packing of products;
(2) Smoking is not permitted in any portion
of the microprocessor?s home which is used for preparation, packaging, storage
or handling of food and related ingredients or equipment while food is being
prepared, packaged, stored or handled.
?19-35-6.
Distilleries and mini-distillery retail sales; prohibited at farmers market.
(a) Notwithstanding any provisions of
chapter sixty to the contrary, a
licensed distillery or mini-distillery on a farm or otherwise may make retail
sales of alcoholic liquors produced at the distillery or mini-distillery for
consumption off the premises of the distillery or mini-distillery on Sundays
beginning at one o?clock p.m. A distillery or mini-distillery
located on a farm shall be required to meet only the state and local building
and fire regulations as apply to structures on parcels of land used primarily
for farm and agricultural purposes.
(b) A licensed distillery or mini-distillery
may not make retail sales of alcoholic liquors produced at the distillery or
mini-distillery for consumption at farmers markets on Sundays.;
And,
By striking out the title and substituting
therefor a new title, to read as follows:
Eng.
Com. Sub. for Com. Sub. for Senate Bill 27?A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto two new sections, designated
?19-35-5 and ?19-35-6, all relating to farmers markets and farms; establishing microprocessing
permit; establishing permit requirements and limitations; clarifying types of
microprocessor kitchens; requiring percentage from garden or farm; requiring
recordkeeping; requiring labeling and labeling requirements; clarifying foods
requiring permit; exempting certain foods; setting forth permit inspections;
establishing fees; allowing suspension of products; permitting recalls; setting
forth production prohibitions and limiting sales; permitting distillery and
mini distillery on farm or otherwise for retail sales to customers for
consumption off the premises on Sundays beginning at one o?clock p.m.; and providing
that a distillery or mini-distillery located on a farm shall be required to
meet only state and local building and fire regulations as apply to structures
on parcels of land used primarily for farm and agricultural purposes; and
prohibiting distillery and mini distillery retail sales to customers at farmers
markets on Sundays.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Committee
Substitute for Senate Bill 27, 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, Karnes, Mann, Maroney, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Woelfel and Carmichael (Mr. President)?31.
The nays were: None.
Absent: Jeffries, Maynard and Weld?3.
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 Com. Sub. for S. B. 27) 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 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 220, Relating
to offenses and penalties under Uniform Controlled Substances Act.
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 ?60A-4-414, to read as follows:
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
ARTICLE 4. OFFENSES AND PENALTIES.
?60A-4-414. Drug delivery resulting in death.
(a)
Any person who knowingly and willfully delivers a controlled substance or
counterfeit controlled substance in violation of the provisions of section four
hundred one, article four of this chapter with the intent to cause an
intoxicated, euphoric or stupefied state, and the use, ingestion or consumption
of the controlled substance or counterfeit controlled substance alone or in
combination with one or more other controlled substances, proximately causes
the death of a person using, ingesting or consuming the controlled substance,
is guilty of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for a determinate sentence of not less than three
nor more than fifteen years.
(b)
Any person who:
(1)
is present and views another individual ingest a controlled
substance;
(2)
is also participating in the use of a controlled
substance;
(3)
knows that the other person has manifested an adverse
physical reaction to a controlled substance;
(4)
fails to render, seek or ensure timely medical assistance has been provided to
the person having the adverse reaction; and
(5)
the person having the adverse reaction subsequently dies due to that
ingestion, is guilty of a felony, and, upon conviction thereof, shall
be imprisoned in a state correctional facility not less than three years nor
more than fifteen years.;
And,
By
striking out the title and substituting therefor a new title, to read as
follows:
Eng. Com. Sub. for Senate Bill 220?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new article, designated ?15-9C-1, ?15-9C-2, ?15-9C-3 and ?15-9C-4; and to amend
said code by adding thereto a new section, designated ?60A-4-414, relating
generally to offenses and penalties under the Uniform Controlled Substances
Act; providing for the collection of data pertaining to the prosecutions and
overdoses of controlled substances; establishing an office of drug control,
programming and data collection; collection of data pertaining to the
prosecutions and overdoses of controlled substances establishing the purpose
and responsibilities of the office; declaring the office to be a law
enforcement entity capable of receiving and sharing law enforcement
information; directing that the office be operated, supervised and controlled
by the Director of the Division of Justice and Community Services; setting for
the staffing of the office, including the availability of future staffing,
resources and equipment upon obtaining grant funding, federal funds, or other
funding; setting forth the executive and administrative responsibilities of the
office of drug control, programming and data collection; establishing a reporting
program for collection of criminal statistics; setting forth legislative
purpose for collection of data; requiring the prosecuting attorney for each
county to compile data relating to the criminal matters involving a violation
of the uniform controlled substances act; directing the Division of Justice and
Community Services to establish a reporting form to allow for reporting of
information; setting forth information required to be reported; providing for
data collection and reporting to the Division of Justice and Community
Services; requiring that certain personally identifiable information about a
specific defendant not be reported; establishing a reporting program for
collection of data on overdoses; setting forth legislative purpose for collection
of data; establishing a reporting program for collection of fatal and nonfatal
overdoses in the state; directing the office of drug control, programming and
data collection to establish a central repository for collection of data;
directing the office to consult with affected entities in implementing the data
collection program; establishing information required to be reported; directing
the Division of Justice and Community Services to establish a reporting form to
allow for reporting of information; setting forth information required to be
reported; setting forth the entities required to report information; providing
for data collection and reporting to the Division of Justice and Community
Services through legislative rule; requiring that certain personally
identifiable information about a specific defendant not be reported; providing
for rule-making authority; creating the felony offense of delivering controlled
substances or counterfeit controlled substances resulting in the death of
another person and providing criminal penalties therefor; creating felony
offense of failing to render, seek, or ensure timely medical assistance to
another person who has manifested an adverse physical reaction to a controlled
substance and who subsequently dies; and providing criminal penalties therefor.
On motion of Senator Ferns, the following
amendments to the House of
Delegates amendments to the bill
(Eng. Com. Sub. for S. B. 220) were
reported by the Clerk, considered simultaneously, and adopted:
By striking out everything 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 ?60A-4-414,
to read as follows:
ARTICLE
4. OFFENSES AND PENALTIES.
?60A-4-414.
Drug delivery resulting in death; failure to render aid.
(a)
Any person who knowingly and willfully delivers a controlled substance or
counterfeit controlled substance in violation of the provisions of section four
hundred one, article four of this chapter for an illicit purpose and the use,
ingestion or consumption of the controlled substance or counterfeit controlled
substance alone or in combination with one or more other controlled substances,
proximately causes the death of a person using, ingesting or consuming the controlled
substance, is guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for a determinate sentence of not
less than three nor more than fifteen years.
(b)
Any
person who, while engaged in the illegal use of a controlled substance with
another, who knowingly fails to seek medical assistance for such other person
when the other person suffers an overdose of the controlled substance or
suffers a significant adverse physical reaction to the controlled substance and
the overdose or adverse physical reaction proximately causes the death of the
other person, is guilty of a felony and, upon conviction thereof, shall be
imprisoned for not less than one year nor more than five years.;
And,
By striking out the title and substituting
therefor a new title, to read as follows:
Eng.
Com. Sub. for Senate Bill 220?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated ?60A-4-414, relating generally to offenses and penalties
under the Uniform Controlled Substances Act; creating the felony offense of
delivering controlled substances or counterfeit controlled substances for an
illicit purpose resulting in the death of another person and providing criminal
penalties therefor; creating the criminal offense of failing to seek necessary
medical attention for another while jointly engaged in illegal use of
controlled substances where death ensues; and providing criminal penalties
therefor.
On motion of Senator Ferns, the Senate concurred
in the House of Delegates amendments,
as amended.
Engrossed Committee Substitute for Senate
Bill 220, 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, Karnes, Mann, Maroney, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Woelfel and Carmichael (Mr. President)?31.
The nays were: None.
Absent: Jeffries, Maynard and Weld?3.
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. 220) 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.
Consideration of House messages now lodged with the Clerk having been concluded, the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill 441, Establishing Municipal Home Rule Pilot Program.
Having been received as a House message in earlier proceedings today, and the House of Delegates amendment to the bill reported at that time (shown in the Senate Journal of today, pages 16 to 23, inclusive), and now coming up in deferred order, was again reported by the Clerk.
On motion of Senator Ferns, the following
amendment to the House of Delegates amendment to the bill (Eng. Com. Sub. for
S. B. 441) was reported by the
Clerk:
By striking out everything after the
enacting clause and inserting in lieu thereof the following:
??????????? That
?8-1-5a of the Code of West Virginia, 1931, as amended, be amended and
reenacted and that said code be amended by adding thereto a new section,
designated ?8-1-5b, all to read as follows:
ARTICLE 1. PURPOSE AND
SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.
?8-1-5a. Municipal Home Rule Pilot Program.
(a) Legislative
findings. ? The Legislature finds and declares that:
(1) The
initial Municipal Home Rule Pilot Program brought innovative results, including
novel municipal ideas that became municipal ordinances which later resulted in
new statewide statutes;
(2) The
initial Municipal Home Rule Pilot Program also brought novel municipal ideas
that resulted in court challenges against some of the participating
municipalities;
(3) The
Municipal Home Rule Board was an essential part of the initial Municipal Home
Rule Pilot Program, but it lacked some needed powers and duties;
(4)
Municipalities still face challenges delivering services required by federal
and state law or demanded by their constituents;
(5)
Municipalities are sometimes restrained by state statutes, policies and rules
that challenge their ability to carry out their duties and responsibilities in
a cost-effective, efficient and timely manner;
(6) Continuing
Establishing the Municipal Home Rule Pilot Program as a permanent
program available to all municipalities statewide is in the public
interest; and
(7)
Increasing the powers and duties of the Municipal Home Rule Board will enhance
the Municipal Home Rule Pilot Program.
(b) Continuance
of pilot program. ? The Municipal Home Rule Pilot Program is continued
until July 1, 2019. The ordinances enacted by the participating municipalities
pursuant to the l Municipal Home Rule Pilot Program may remain in effect,
subject to the requirements of this section, until the ordinances are repealed:
Provided, That any ordinance enacting a municipal occupation tax is hereby
null and void.
(b) Establishment of a permanent program and
continuation of pilot plans. ? The Municipal Home Rule Pilot Program is
hereby established as a permanent program and shall be identified as the
Municipal Home Rule Program. Any ordinance,
act, resolution, rule or regulation enacted by a participating municipality
under the provisions of this section during the period of the Municipal Home
Rule Pilot Program shall continue in full force and effect until repealed.
(c) Authorizing
participation. ?
(1)
Commencing July 1, 2015 July 1, 2017, thirty any
Class I, Class II, and Class III municipalities and four
Class IV municipalities municipality that are is
current in payment of all state fees may participate in the Municipal Home Rule
Pilot Program pursuant to the provisions of this section.
(2) The
municipalities participating in the pilot program on the effective date of the
amendment and reenactment of this section are hereby authorized to continue in
the pilot program, subject to the requirements of this section, and may
amend current written plans and/or submit new written plans in accordance with
the provisions of this section.
(d) Municipal
Home Rule Board. ? The Municipal Home Rule Board is hereby continued.
Effective July 1, 2015, the Municipal Home Rule Board shall consist of the following
five voting members:
(1) The
Governor, or a designee, who shall serve as chair;
(2) The
Executive Director of the West Virginia Development Office, or a designee;
(3) One
member representing the Business and Industry Council, appointed by the Governor
with the advice and consent of the Senate;
(4) One
member representing the largest labor organization in the state, appointed by
the Governor with the advice and consent of the Senate; and
(5) One
member representing the West Virginia Chapter of the American Institute of
Certified Planners, appointed by the Governor with the advice and consent of
the Senate.
The Chair of
the Senate Committee on Government Organization and the Chair of the House
Committee on Government Organization shall continue to be ex officio nonvoting
members of the board.
(e) Board?s
powers and duties. ? The Municipal Home Rule Board has the following powers
and duties:
(1) Review,
evaluate, make recommendations and approve or reject for any reason, by
a majority vote of the board, each aspect of the written plan, or the
written plan in its entirety, submitted by a municipality;
(2) By a
majority vote of the board, select, based on the municipality?s written plan,
new Class I, Class II, Class III and/or Class IV municipalities to participate
in the Municipal Home Rule Pilot Program;
(3) Review,
evaluate, make recommendations and approve or reject for any reason, by
a majority vote of the board, the amendments to the written plans submitted by
municipalities;
(4) Consult
with any agency affected by the written plans or the amendments to the written
plans; and
(5) Perform
any other powers or duties necessary to effectuate the provisions of this
section.
(f) Written
plan. ? Any Class I, Class II, Class III or Class IV municipality desiring
to participate in the Municipal Home Rule Pilot Program shall submit a
written plan to the board stating in detail the following:
(1) The
specific laws, acts, resolutions, policies, rules or regulations which prevent
the municipality from carrying out its duties in the most cost-efficient,
effective and timely manner;
(2) The
problems created by the laws, acts, resolutions, policies, rules or
regulations;
(3) The
proposed solutions to the problems, including all proposed changes to
ordinances, acts, resolutions, rules and regulations: Provided, That the
specific municipal ordinance instituting the solution does not have to be
included in the written plan; and
(4) A
written opinion, by an attorney licensed to practice in West Virginia, stating
that the proposed written plan does not violate the provisions of this section.
(g) Public
hearing on written plan. ? Prior to submitting its written plan to the
board, the municipality shall:
(1) Hold a
public hearing on the written plan;
(2) Provide
notice at least thirty days prior to the public hearing by a Class II legal
advertisement;
(3) Make a
copy of the written plan available for public inspection at least thirty days
prior to the public hearing; and
(4) After
the public hearing, adopt an ordinance authorizing the municipality to submit a
written plan to the Municipal Home Rule Board after the proposed ordinance has
been read two times.
(h) Selection
of municipalities. ? On or after June 1, 2015, by a majority vote, the
Municipal Home Rule Board may select from the municipalities that submitted
written plans and were approved by the board by majority vote new Class I,
Class II, Class III and/or Class IV municipalities to participate in the
Municipal Home Rule Pilot Program.
(i) Powers
and duties of municipalities. ? The municipalities participating in the
Municipal Home Rule Pilot Program have the authority to pass an
ordinance, act, resolution, rule or regulation, under the provisions of this
section, that is not contrary to:
(1)
Environmental law;
(2) Laws
governing bidding on government construction and other contracts;
(3) The
Freedom of Information Act;
(4) The Open
Governmental Proceedings Act;
(5) Laws
governing wages for construction of public improvements;
(6) The
provisions of this section;
(7) The provisions
of section five-a, article twelve of this chapter;
(8) The
municipality?s written plan;
(9) The
Constitution of the United States or the Constitution of the State of West
Virginia;
(10) Federal
law or crimes and punishment;
(11)
Chapters sixty-a, sixty-one and sixty-two of this code or state crimes and
punishment;
(12) Laws
governing pensions or retirement plans;
(13) Laws
governing annexation;
(14) Laws
governing taxation: Provided, That a participating municipality may
enact a municipal sales tax up to one percent if it reduces or eliminates its
municipal business and occupation tax: Provided, however, That if a
municipality subsequently reinstates or raises the municipal business and
occupation tax it previously reduced or eliminated under the Municipal Home
Rule Pilot Program or the Municipal Home Rule Program, it shall
eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot
Program: Provided further, That any municipality that imposes a
municipal sales tax pursuant to this section shall use the services of the Tax
Commissioner to administer, enforce and collect the tax in the same manner as
the state consumers sales and service tax and use tax under the provisions of
articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code and
all applicable provisions of the Streamlined Sales and Use Tax Agreement: And
provided further, That such tax will shall not apply to the
sale of motor fuel or motor vehicles;
(15) Laws
governing tax increment financing;
(16) Laws
governing extraction of natural resources; and
(17)
Marriage and divorce laws.; and
(18) Laws
governing professional licensing or certification, including the administration
and oversight of those laws, by state agencies to the extent required by law.
(j) Municipalities
may not pass an ordinance, act, resolution, rule or regulation under the
provisions of this section that:
(1) Affects
persons or property outside the boundaries of the municipality: Provided,
That this prohibition under the Municipal Home Rule Pilot Program does
not limit a municipality?s powers outside its boundary lines under other
provisions of this section, other sections of this chapter, other chapters of
this code or court decisions; or
(2) Enacts
an occupation tax, fee or assessment payable by a nonresident of a
municipality.
(k) Amendments
to written plans. ? A municipality participating in the Municipal Home Rule
Pilot Program may amend its written plan at any time.
(l) Amendments
to ordinances, acts, resolutions, rules or regulations. ? A municipality
participating in the Municipal Home Rule Pilot Program may amend any
ordinance, act, resolution, rule or regulation enacted pursuant to the
municipality?s approved written plan at any time so long as any amendment is
consistent with the municipality?s approved written plan, complies with the
provisions of subsections (i) and (j) of this section and the municipality
complies with all applicable state law procedures for enacting municipal
legislation.
(m) Reporting
requirements. ? Commencing December 1, 2015, and each year thereafter, each
participating municipality shall give a progress report to the Municipal Home
Rule Board and commencing January 1, 2016, and each year thereafter, the
Municipal Home Rule Board shall give a summary report of all the participating
municipalities to the Joint Committee on Government and Finance.
(n) Termination
of the pilot program. ? The Municipal Home Rule Pilot Program terminates on
July 1, 2019. An ordinance, act, resolution, rule or regulation enacted by a
participating municipality under the provisions of this section during the
period of the Municipal Home Rule Pilot Program shall continue in full force
and effect until repealed.
(n) In the
event thirty percent of the qualified voters of the municipality that voted in
the previous municipal election, by petition duly signed by them in their own
handwriting and filed with the recorder of the municipality within forty-five
days after the enactment or amendment of an ordinance, protest against the
ordinance as enacted or amended, the ordinance shall not become effective until
it is ratified by a majority of the legal votes cast by the qualified voters of
the municipality at a regular municipal election or special municipal election,
as the governing body directs. Voting shall not take place until after notice
of the submission is given by publication as a Class II legal advertisement in
compliance with the provisions of article three, chapter fifty-nine of this
code.
(o)
Notwithstanding any other provision of this code to the contrary, on and after
the effective date of the enactment of this provision in 2015, no distributee
under the provisions of this section may seek from the Tax Division of the
Department of Revenue a refund of revenues or moneys collected by, or remitted
to, the Tax Division of the Department of Revenue, nor seek a change in past
amounts distributed, or any other retrospective adjustment relating to any
amount distributed, to the extent that the moneys in question have been
distributed to another distributee, regardless of whether those distributions
were miscalculated, mistaken, erroneous, misdirected or otherwise inaccurate or
incorrect. For purposes of this section, the term ?distributee? means any
municipality that receives or is authorized to receive a specific distribution
of revenues or moneys collected by, or remitted to, the Tax Division of the
Department of Revenue pursuant to this section.
?8-1-5b. Municipal
Government Labor Regulatory Limitation.
(a) Notwithstanding any home rule authority
granted under this code, and notwithstanding any other provision of this code
to the contrary, no municipality may adopt, enforce or administer an ordinance,
regulation, local policy, local resolution or other legal requirement regarding
any of the following specific areas:
(1) Regulating information an employer or
potential employer must request, require or exclude on an application for
employment from an employee or a potential employee: Provided, That this section does not prohibit an ordinance, local
policy or local resolution requiring a criminal background check for an
employee or potential employee in connection with the receipt of a license or
permit from a local governmental body;
(2) Requiring an employer to pay to an
employee a wage higher than any applicable state or federal law;
(3) Requiring an employer to pay to an
employee a wage or fringe benefit based on wage and fringe benefit rates
prevailing in the locality;
(4) Regulating work stoppage or strike
activity of employers and their employees or the means by which employees may
organize;
(5) Requiring an employer to provide to an
employee paid or unpaid leave time;
(6) Requiring an employer or its employees to
participate in any educational apprenticeship or apprenticeship training
program that is not required by state or federal law; or
(7) Regulating hours and scheduling that an
employer is required to provide to employees: Provided, That this section does not prohibit an ordinance, local
policy or local resolution that limits the hours a business may operate.
(b) Nothing in this article shall be
construed so as to prohibit a municipality from enforcing a written agreement
voluntarily entered into and in effect prior to the effective date of this
section.
(c) Any ordinance, regulation, local policy,
local resolution or other legal requirement enacted or adopted prior to the
effective date of this section that would be prohibited under this section is
void upon the effective date of this section.
(d) This section does not apply to the
employees of a municipality and
is not intended to prohibit a municipality from adopting, enforcing or
administering an ordinance, regulation, local policy, local resolution or other
legal requirement applicable to its own employees regarding any of the specific
areas described in subsection-a.
(e) Nothing in this section shall be construed
as prohibiting or limiting a municipality from complying with the West Virginia
Drug and Alcohol Free Workplace Act, set forth in article one-d, chapter
twenty-one of this code, or otherwise requiring similar drug and alcohol
policies and testing of a municipality?s vendors.
??????????? Senator Palumbo arose
to a point of order that Senator Ferns? amendment to the House of Delegates
amendment to the bill (Eng. Com. Sub. for S. B. 441) was broader than the
current bill and that the enacting sections may be conflicting.
??????????? Which
point of order, the President ruled well taken, saying Senator Ferns? amendment
to the House of Delegates amendment to the bill is broader than the scope of
the bill and, therefore, the amendment will be disallowed.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended with its House of Delegates amended title, to take effect
Eng. Com. Sub. for Senate Bill 630,
Establishing Accessibility and Equity in Public Education Enhancement Act.
On motion of
Senator
The
following House of Delegates
By striking
everything after the enacting clause and inserting in lieu thereof the
following:
That
?18-2-25 of the Code of West Virginia, 1931, as amended, be amended and
reenacted and to amend said code by adding thereto a new article, designated
?18-5F-1, ?18-5F-2, ?18-5F-3, ?18-5F-4, ?18-5F-5 and ?18-5F-6, all to read as
follows:
ARTICLE 2. STATE BOARD OF
EDUCATION.
?18-2-25. Authority of county boards to regulate
athletic and other extracurricular activities of secondary schools; delegation
of authority to West Virginia Secondary School Activities Commission; authority
of commission; approval of rules and regulations by state board;
incorporation; funds; participation by private and parochial schools and by
home schooled students.
??????????? The
county boards of education are hereby granted and shall exercise the
control, supervision and regulation of all interscholastic athletic events, and
other extracurricular activities of the students in public secondary schools,
and of said those schools of their respective counties. The
county board of education may delegate such control, supervision and
regulation of interscholastic athletic events and band activities to the West
Virginia Secondary School Activities Commission. which is hereby established
??????????? The
West Virginia Secondary School Activities Commission shall be is
composed of the principals, or their representatives, of those secondary
schools whose county boards of education have certified in writing to the state
superintendent of Schools that they have elected to delegate the control,
supervision and regulation of their interscholastic athletic events and band
activities of the students in the public secondary schools in their respective
counties to said the commission. The West Virginia Secondary
School Activities Commission is hereby empowered to may exercise
the control, supervision and regulation of interscholastic athletic events and
band activities of secondary schools, delegated to it pursuant to this section.
The rules and regulations of the West Virginia Secondary School
Activities Commission shall contain a provision for a proper review procedure
and review board and be promulgated in accordance with the provisions of
chapter twenty-nine-a of this code, but shall are, in all instances
be subject to the prior approval of the state board. The West Virginia
Secondary School Activities Commission, may, with the consent of the State
Board of Education, incorporate under the name of ?West Virginia Secondary
School Activities Commission, Inc.,? as a nonprofit, nonstock corporation under
the provisions of chapter thirty-one of this code. County boards of education are
hereby authorized to may expend moneys for and pay dues to the West
Virginia Secondary School Activities Commission, and all moneys paid to such
the commission, as well as moneys derived from any contest or other
event sponsored by said the commission, shall be are
quasi-public funds as the same are defined in article five, chapter
eighteen, and such the funds of the commission shall be are
subject to an annual audit by the State Tax Commissioner.
??????????? The
West Virginia Secondary School Activities Commission shall promulgate
reasonable rules and regulations providing for the control, supervision
and regulation of the interscholastic athletic events and other extracurricular
activities of such private and parochial secondary schools as that
elect to delegate to such the commission such control,
supervision and regulation, upon the same terms and conditions, subject to the
same regulations and requirements and upon the payment of the same fees and
charges as those provided for public secondary schools. Any such private or
parochial secondary school shall receive any monetary or other benefits in the
same manner and in the same proportion as any public secondary school.
??????????? Notwithstanding
any other provision of this section or the commission's
rules, the commission shall consider eligible for participation in
extracurricular activities of secondary schools a student who is receiving home
instruction pursuant to subsection (c), section one, article eight, chapter
eighteen of this code and who:
??????????? (1)
Has demonstrated satisfactory evidence of academic progress for two years in
compliance with the provisions of that subsection; provided that the student?s average test results are within or
above the fourth stanine in all subject areas;
??????????? (2)
Has not reached the age of nineteen by August 1 of the current school year;
??????????? (3)
Is an amateur who receives no compensation, but participates solely for the
educational, physical, mental and social benefits of the activity;
??????????? (4)
Agrees to comply with all disciplinary rules and
regulations of the West Virginia Secondary Schools Activities Commission and
the county board in which the home-schooled student lives,
applicable to all other athletes and activity participants; and
??????????? (5)
Agrees to obey all rules of the West Virginia Secondary Schools Activities
Commission governing awards, all-star games, parental consents, physical
examinations and vaccinations applicable to all high school athletes.
??????????? Eligibility
is limited to participation in interscholastic programs at the public secondary
school serving the attendance zone in which the student lives. Provided that home school students who
leave a member school during the school year shall be subject to the same
transfer protocols that apply to member-to-member transfers. Reasonable fees may be charged to the student to
cover the costs of participation in interscholastic programs.
ARTICLE 5F.
ACCESSIBILITY AND EQUITY IN PUBLIC EDUCATION ENHANCEMENT Act.
?18-5F-1. Short title.
This article
shall be known and may be cited as the Accessibility and Equity in Public
Education Enhancement Act.
?18-5F-2. Legislative findings; purpose.
(a) The
Legislature finds and declares that:
(1) County
school districts have called for more local control and flexibility to meet the
education needs of their communities;
(2)
Students, parents and teachers are seeking alternatives to the traditional
classroom delivery of education that better meets the educational needs of
students;
(3) Public
schools should be able to provide a variety of instructional delivery models;
(4) The
county school districts can enhance education opportunities for students, using
technology;
(5) Using
technology to deliver instruction can provide flexibility and increase options
for instruction;
(6) Giving
county school districts the flexibility to create innovative programs will
provide teachers with new instructional opportunities; and
(7) This Act
is not intended to save money through the reduction of school personnel
positions.
(b) The
purpose of this article is to enhance access and equity in public education in
West Virginia.
?18-5F-3. Definitions.
For the
purposes of this article, unless a different meaning clearly appears from the
context:
(a) ?Blended
program? means a formal education program in which a student learns:
(1) At least
in part through online learning, with some element of student control over
time, place, path or pace;
(2) At least
in part in a supervised setting outside the home; and
(3) In such
a way that the modalities of each student?s learning path within a course or
subject are connected to provide an integrated learning experience;
(b) ?Eligible
student? means a student eligible for attendance in public schools in a school
district that provides a virtual instruction program, that is a member of a
multicounty consortium providing a virtual instruction program or that does not
provide a virtual instruction program and is not a member of a multicounty
consortium, but participates through a collaborative agreement between the
school district in which the student is enrolled and a school district or a
multicounty consortium providing a virtual instruction program;
(c) ?Multicounty
consortium? means a written arrangement where two or more county boards act in
concert to establish a virtual school that will serve eligible students; and
(d) ?Virtual
instruction program? means a program implemented by a county board or
multicounty consortium that provides a full-time online or blended program of
instruction for students enrolled in any composition of grades kindergarten
through twelve.
?18-5F-4. County board policy adoption.
(a) A county
board or a multicounty consortium may create a virtual instruction program for
one or more schools serving any composition of grades kindergarten through
twelve by adopting a policy creating the program and after adopting the policy
may contract with virtual school providers. When there is a multicounty
consortium, each county board in the consortium shall adopt a policy creating
the virtual instruction program. The virtual instruction program may begin July
1, 2017, or at any point thereafter: Provided,
That, notwithstanding any other provision of this article to the contrary, no
eligible students in grades kindergarten through five may participate in a
virtual instruction program until after the program has been in operation for
one full school year.
(b) The
policy adopted by the county board pursuant to this section shall govern the
virtual instruction program offered by the county board or multicounty
consortium.
(c) The
policy shall be consistent with this article and may offer eligible students in
grades kindergarten through twelve an online pathway for earning a high school
diploma and, at a minimum, shall include the following:
(1) The
scope, instructional model and capacity for the virtual education program;
(2)
Assessment protocol and specific requirements for monitoring performance that
are consistent with section five, article two-e of this chapter;
(3) A plan
for monitoring students receiving virtual instruction in accordance with pacing
and completion of the required virtual coursework: Provided, That, if virtual instruction occurs in a public school
classroom then a teacher, professional personnel, professional educator, or
paraprofessional employed by that county must be present to monitor;
(4)
Qualifications of faculty, which at a minimum shall include a teaching
certificate issued pursuant to article three, chapter eighteen-a of this code
and state board rules; and
(5) A
requirement that any virtual school provider contracted with comply with state
and federal privacy laws.
?18-5F-5. Compliance with existing state
law
(a) An
eligible student enrolled in a virtual instruction program shall:
(1) Be
counted in the net enrollment of the school district in which the student
resides for the purposes of calculating and receiving state aid;
(2) Be
subject to the same state assessment requirements as other students in the
school district; and
(3) Receive
a diploma from the school district, upon completing the same coursework
required of regular public school students in the district.
(b) An
eligible student participating in a virtual instruction program, to the extent
the program as delineated in the county board policy allows or requires
instruction to occur outside of a school building, is not required to comply
with compulsory school attendance requirements set forth in article eight of
this code or any other provision of law or state board rule relating to
attendance.
(c) Neither
the school district, the eligible student nor the parents of the student
participating in a virtual instruction program, to the extent the program as
delineated in the county board policy allows or requires instruction to occur
outside of a school building, may incur any penalty or be held accountable for
the absence of the student from the school building.
(d) For an
eligible student participating in a virtual instruction program, neither the
school district nor the student, to the extent the program as delineated in the
county board policy is a learn at your own pace program, is required to comply
with the instructional term requirement set forth in section forty-five,
article five of this chapter or any other law or state board rule requiring a
student to be receiving instruction for any set time.
(e) An
eligible student participating in a virtual instruction program shall be
considered to be attending the school in the attendance district created by the
county board pursuant to section sixteen, article five of this chapter that the
eligible student resides in unless otherwise transferred to another school pursuant
to that section or any other provision of this code. The eligible student may
participate in any cocurricular and extracurricular activities of that school,
but is subject to the same participation requirements imposed on a traditional
student attending the school. If the student transfers from a traditional
school to the virtual model, he or she will be subject to the West Virginia
Secondary Schools Athletic Commission transfer rules.
(f) A county
board is exempt from any provision of law or state board rule that applies to
the traditional delivery of instruction such as requirements relating to the
physical presence of a student, student monitoring and security, the maximum
teacher-pupil ratio set forth in section eighteen-a, article five of this chapter,
instructional time requirements and physical education requirements to the
extent any of the foregoing conflict with the delivery of the virtual
instruction program.
(g) The
virtual instruction program is not subject to online course restrictions imposed
by the state board, state superintendent or the West Virginia Department of
Education.
(h)
Coursework offered through a virtual instruction program shall be aligned to
the appropriate academic standards as required by state law and state board
rule.
(i) The
assessment results of a student shall be included in the assessment results of
the school and the school district in which the student is considered enrolled
pursuant to this section for purposes of accountability.
?18-5F-6. Report to Legislative Oversight
Commission on Education Accountability.
At
the end of the first year any virtual instruction program is implemented
pursuant to this article, the West Virginia Department of Education, after
consulting with the county board or boards implementing the program, shall
report to the Legislative Oversight Commission on Education Accountability on
all aspects of the program. The report, at least, shall include the grade
levels of the students the program was offered to; the number of students who
enrolled in the program; the number of students who were enrolled in the
program full-time and number who participated in a blended program; the number
of students who were homeschooled, enrolled in a private school and enrolled in
a public school immediately preceding enrollment in the virtual instruction
program; and how the students performed academically as compared with students
in a traditional classroom setting.;
And,
By
striking out the title and substituting therefor a new title, to read as
follows:
Eng. Com. Sub. for Senate Bill 630?A
Bill to amend and reenact ?18-2-25 of the Code of West Virginia, 1931, and to
amend said code by adding thereto a new article, designated ?18-5F-1,
?18-5F-2, ?18-5F-3, ?18-5F-4, ?18-5F-5 and ?18-5F-6, all relating to public education
accessibility and equity; relating to the secondary schools athletic
commission; participation by home schooled students in extracurricular
activities; establishing the Accessibility and Equity in Public
Education Enhancement Act; setting forth legislative findings and purpose;
defining terms; allowing a county board or a multicounty consortium to create a
virtual instruction program for one or more schools serving any composition of
grades kindergarten through twelve by adopting a policy creating the program;
allowing the county board or multicounty consortium after adopting the policy
to contract with virtual school providers; delaying participation of eligible
students in grades kindergarten through five until after the program has been
in operation for one full school year; requiring eligible students to be
counted in the net enrollment of the school district for the purposes of
calculating and receiving state aid, be subject to the same state assessment
requirements as other students in the school district and receive a diploma
upon completing the same coursework required of regular public school students
in the district; exempting, to a limited extent, certain students, parents and
school districts from certain laws and state board policies that pertain to
requiring the student to be in a school building receiving instruction for any
set period of time; providing that a participating eligible student be
considered to be attending a certain school; allowing the eligible student to
participate in any cocurricular and extracurricular activities of the school
under the same participation requirements imposed on traditional students
attending the school; exempting a county board from certain provisions of law
or state board rule to the extent any conflict with the delivery of the
program; exempting a county board from certain online course restrictions;
requiring coursework offered through a program be aligned to certain academic
standards; requiring the assessment results of a student be included in the assessment
results of the school and the school district in which the student is
considered to be enrolled for purposes of accountability; and requiring report
to the Legislative Oversight Commission on Education Accountability on all
aspects of the program.
On motion of Senator Ferns, the following
amendments to the House of
Delegates amendments to the bill
(Eng. Com. Sub. for S. B. 630) were
reported by the Clerk, considered simultaneously, and adopted:
On page
On pages one through three, by striking out
all of section twenty-five;
On page seven, section five, line
twenty-seven, after the word ?school.? by striking out the remainder of
subsection (e);
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 article, designated ?18-5F-1,
?18-5F-2, ?18-5F-3, ?18-5F-4, ?18-5F-5 and ?18-5F-6, all to read as follows:;
And,
By striking out the title and substituting
therefor a new title, to read as follows:
Eng.
Com. Sub. for Senate Bill 630?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new article, designated ?18-5F-1, ?18-5F-2, ?18-5F-3, ?18-5F-4, ?18-5F-5 and
?18-5F-6, all relating to
establishing the Accessibility and Equity in Public Education Enhancement Act;
setting forth legislative findings and purpose; defining terms; allowing a
county board or a multicounty consortium to create a virtual instruction
program for one or more schools serving any composition of grades kindergarten
through twelve by adopting a policy creating the program; allowing the county
board or multicounty consortium after adopting the policy to contract with
virtual school providers; delaying participation of eligible students in grades
kindergarten through five until after the program has been in operation for one
full school year; requiring eligible students to be counted in the net enrollment
of the school district for the purposes of calculating and receiving state aid,
be subject to the same state assessment requirements as other students in the
school district and receive a diploma upon completing the same coursework
required of regular public school students in the district; exempting, to a
limited extent, certain students, parents and school districts from certain
laws and state board policies that pertain to requiring the student to be in a
school building receiving instruction for any set period of time; providing
that a participating eligible student be considered to be attending a certain
school; allowing the eligible student to participate in any cocurricular and
extracurricular activities of the school under the same participation
requirements imposed on traditional students attending the school; exempting a
county board from certain provisions of law or state board rule to the extent
any conflict with the delivery of the program; exempting a county board from
certain online course restrictions; requiring coursework offered through a
program be aligned to certain academic standards; requiring the assessment
results of a student be included in the assessment results of the school and
the school district in which the student is considered to be enrolled for
purposes of accountability; and requiring report to the Legislative Oversight
Commission on Education Accountability on all aspects of the program.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate
Bill 630, 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. 630) passed with its Senate amended title.
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, 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, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. Com. Sub. for S. B. 630) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
On motion of Senator Ferns, the Senate
recessed for five minutes to permit Rebecca Turnbull to address the Senate on
behalf of the Legislative Information Journalism Internship Program.
??????????? Upon
expiration of the recess, the Senate reconvened and, at the request of Senator
Romano, unanimous consent being granted, returned to the second order of business
and the introduction of guests.
??????????? The
Senate again proceeded to the third order of business and the consideration of
Eng. Com. Sub. for Senate Bill 441, Establishing Municipal Home Rule Pilot Program.
Having been received as a House message in earlier proceedings today, and the House of Delegates amendment to the bill reported at that time (shown in the Senate Journal of today, pages 16 to 23, inclusive), was again reported by the Clerk.
On motion of Senator Ferns, the following
amendment to the House of Delegates amendment to the bill 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 441?A
Bill to amend and reenact ?8-1-5a of the Code of West Virginia, 1931, as
amended, relating to municipal home rule; establishing the Municipal Home Rule
Pilot Program as a permanent program identified as the Municipal Home Rule
Program; providing that any ordinance, act, resolution, rule or regulation
enacted pursuant to the Municipal Home Rule Pilot Program shall continue until
repealed; clarifying the authority of the Municipal Home Rule Board; allowing
all municipalities to participate in the Municipal Home Rule Program; requiring
certain notice prior to passing of an ordinance; prohibiting municipalities
participating in the Municipal Home Rule Program from passing an ordinance,
act, resolution, rule or regulation that is contrary to certain laws governing
the professional licensing or certification of public employees; providing for
petition procedures to protest enacted or amended ordinances; requiring
ratification of certain ordinances by the voters in a municipal election; and eliminating
the automatic termination of the Municipal Home Rule Pilot Program on July 1,
2019.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendment, as amended.
Engrossed Committee Substitute for Senate
Bill 441, as amended, was then 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, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?31.
The nays were: Facemire, Miller and
Romano?3.
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. 441) 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.
??????????? At
the request of Senator Ferns, and by unanimous consent, the Senate again
proceeded to the eighth order of business, the next bill coming up in numerical
sequence being
Eng.
Com. Sub. for House Bill 2018, Budget Bill, making appropriations of public money out of the treasury
in accordance with section fifty-one, article six of the Constitution.
On third reading, coming up in regular order,
with the right having been granted on yesterday, Friday, April 7, 2017, for
amendments to be received on third reading, was reported by the Clerk.
At the request of Senator
Eng.
Com. Sub. for House Bill 2109, Relating to the West Virginia Land Reuse Agency Authorization Act.
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:
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Smith, Stollings, Swope, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?31.
The nays were: Azinger, Rucker and Sypolt?3.
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 2109?A
Bill to amend and reenact ?31-18E-3 and ?31-18E-9 of the Code of West Virginia,
1931, as amended, all relating to the West Virginia Land Reuse Agency
Authorization Act; defining the term ?municipal land band?; including a
municipal land bank as an agency that may acquire property; providing that a
land reuse agency or a municipal land bank may have the right of first refusal
to buy certain tax delinquent property for taxes owed and any related fees
before the tax delinquent property is placed for public auction at tax sales;
providing procedures for when a land reuse agency or municipal land bank
exercises a first right of refusal to purchase tax-delinquent property;
requiring county sheriffs to compile a list of properties meeting certain
criteria; granting owners of adjacent real property a right to purchase a tax delinquent
property from a land reuse agency or municipal land bank, within 120 days of
receiving notice, for an amount equal to the amount paid for the property by
the land reuse agency or municipal land bank; providing a three year sunset
provision; and authorizing reporting to the Legislature.
Senator
On this question, the yeas were: Beach,
Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries,
Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Smith, Stollings, Swope, Takubo, Trump, Unger, Weld, Woelfel
and Carmichael (Mr. President)?31.
The nays were: Azinger, Rucker and Sypolt?3.
Absent: None.
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
Eng.
Com. Sub. for House Bill 2359, Relating to offenses and penalties for practicing osteopathic medicine
without a license.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
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
Eng.
Com. Sub. for House Bill 2359?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding a new
section, designated ?30-3-18; to amend and reenact ?30-14-12 of said code; and
to amend said code by adding thereto a new section, designated ?30-14-16, all
relating generally to the West Virginia Medical Practice Act; authorizing the
West Virginia Board of Medicine and the West Virginia Board of Osteopathic
Medicine to share staff for functions common to both boards; providing offenses
and penalties for practicing osteopathic medicine without a license; and
creating a felony crime of practicing or attempting to practice osteopathic
medicine without a license or permit and providing criminal penalties.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
Com. Sub. for House Bill 2520, Prohibiting the use of a tanning device by a person under the age of
eighteen.
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:
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Maroney, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Smith, Stollings, Swope, Sypolt, Takubo, Unger, Weld, Woelfel and Carmichael
(Mr. President)?28.
The nays were: Azinger, Karnes, Mann,
Maynard, Rucker and Trump?6.
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.
At the request of Senator Ferns, and by
unanimous consent, the Senate returned to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference
committee
Eng.
The Senate again proceeded to the eighth
order of business, the next bill coming up in numerical sequence being
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 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:
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Gaunch, Jeffries, Mann,
Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Smith, Stollings, Swope, Takubo, Unger, Weld, Woelfel and Carmichael (Mr.
President)?28.
The nays were: Azinger, Ferns, Hall, Karnes,
Sypolt and Trump?6.
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 2637, Relating to employment of retired teachers and prospective employable
professional personnel in areas of critical need and shortage.
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
Eng.
Com. Sub. for House Bill 2637?A
Bill to amend and reenact ?18A-2-3 of the Code of West Virginia, 1931, as
amended, relating to employment of retired teachers and prospective employable
professional personnel in areas of critical need and shortage; including speech
pathologists and school nurses in definition of teacher or substitute teacher
for purposes of employment of retired teachers beyond the post-retirement
limit; establishing uniform date retirement must become effective to determine
status of retirement benefits during employment as critical needs substitute
teacher; restating reporting requirement to legislative committees; extending
date for expiration of provisions related to employment of retired teacher as
substitute teach beyond the post-retirement limit; eliminating requirement that
county policy for employment of prospective employable professional personnel
be based on areas of critical need and shortage identified by state board;
requiring posting of notice of critical need and shortage area positions prior
to making offers of employment and options for posting; limiting employment of
prospective employable professional personnel to certain candidates at job fair
who will commence employment at the next employment term; changing limit on
number of prospective employable professional personnel that may be employed to
number required to fill positions posted; clarifying action required for
prospective employable professional personnel to obtain regular employment
status; clarifying that provisions relating to prospective employable
professional personnel do not prevent filling posted vacancy at any time in
accordance with other provisions; eliminating any requirement for successive
postings where there were no qualified applicants in response to the initial
posting; clarifying that no additional faculty senate involvement is required
after initial faculty senate involvement; and allowing financial incentives for
purposes of recruiting professional personnel in critical needs areas and to
attract professional personnel in a critical need or shortage area.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At
the request of Senator Boso, and by unanimous consent, Senator Boso announced a
meeting of the Committee on Transportation and Infrastructure and a meeting of the committee of conference as
to Engrossed Committee Substitute for Senate Bill 204 (Requiring persons appointed to fill vacancy by Governor have same
qualifications for vacated office and receive same compensation and expenses).
At
the request of Senator Blair, and by unanimous consent, Senator Blair announced
a meeting of the committee of conference as to Engrossed Senate Bill 172 (Eliminating salary for Water Development
Authority board members).
The Senate then resumed consideration of the
remainder of its
Eng.
Com. Sub. for House Bill 2648, Increasing penalties for manufacturing or transportation of a controlled
substance in the presence of a minor.
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
Eng.
Com. Sub. for House Bill 2648?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated ?61-8D-4b, relating to creating the criminal offense of
child neglect by voluntary intoxication; establishing elements of the offenses;
establishing enhanced penalties for second and subsequent offenses; making
third and subsequent offenses a felony; allowing convictions in other
jurisdictions to constitute a prior conviction for enhancement purposes; and
establishing criminal penalties.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
Com. Sub. for House Bill 2651, Relating generally to standardized testing requirements for nonpublic
schools.
On third reading, coming up in regular
order, was read a third time.
Pending discussion,
On motion of Senator Ferns, the bill was
committed to the Committee on Rules.
Eng.
Com. Sub. for House Bill 2674, Relating to access to and receipt of certain information regarding a
protected person.
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
Eng.
Com. Sub. for House Bill 2674?A
Bill to amend and reenact ?27-3-1 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto two new sections, designated
?44A-3-17 and ?44A-3-18, all relating to the disclosure of certain confidential
information relating to protected persons in guardianship; access to and
receipt of certain information regarding a protected person by certain
relatives of the protected person; authorizing relatives of a protected person
to petition the circuit court for access and information about a protected
person; defining ?relative?; providing a relative may petition the court for an
order granting access to a protected person; setting forth time standards in
which to conduct a hearing after a petition is filed; providing for an
emergency hearing under particular circumstances; providing for service of a
petition upon a guardian and setting time standards for service thereof;
providing for the entry of an order by the court following notice and hearing
conducted thereon; providing standards for a court to observe and implement in
issuing a ruling on a petition; providing the court may award attorney?s fees
and costs be paid to a prevailing party; setting forth particular duties for a
guardian to provide relatives notice about a protected person?s condition and
circumstances; authorizing court to retain jurisdiction; regarding
dissemination of information about a protected person to relatives; and
providing a guardian method whereby one may be relieved of responsibility for
providing information regarding a protected person to a relative.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
House Bill 2675, Relating
to primary elections and nominating procedures.
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
Eng.
House Bill 2675?A Bill to
amend ?3-1-17 of the Code of West Virginia, 1931, as amended; to amend and
reenact ?3-4A-11a of said code; to amend and reenact ?3-5-3, ?3-5-13 and
?3-5-13a of said code; to amend and reenact ?3-10-1 and ?3-10-8 of said code;
and to amend said code by adding thereto a new section, designated ?3-10-8a,
all relating generally to primary elections and nominating procedures; removing
county surveyor of lands from primary election ballot and primary election
procedures; providing for nonpartisan election of surveyor of lands effective
with general election of 2020; removing requirement for certain nonpartisan
races to be separated from partisan ballot; requiring ballots containing names
of persons aspiring to be candidates of their respective parties for president
of the United States contain additional line permitting voter to express choice
of ?None of these candidates?; clarifying that only votes for named candidates
to be counted in determining presidential nominations; requiring votes for
?None of these candidates? to be listed with other results of presidential
preference vote; requiring sample ballots or other voter instructions to
clearly explain that voter may mark ?None of these candidates? only if voter
has not voted for any candidate for office; providing ballot order of races on
state and national ticket; removing language permitting ballots for judicial
races be on separate paper ballot; providing language for ballot title of
portion of ballot for nonpartisan election of county surveyor; providing manner
of filling vacancies in office of county surveyor of lands; removing outdated
language; and making technical corrections.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Swope, and by unanimous consent, Senator Swope announced a meeting of the committee of conference as to Engrossed Committee Substitute for Senate Bill 224 (Repealing requirement for employer?s bond for wages and benefits).
At
the request of Senator Takubo, unanimous consent being granted, Senator Takubo
announced a meeting of the committee of conference as to Engrossed Committee
Substitute for House Bill 2631(Relating
to time standards for disposition of complaint proceedings).
At the request of Senator Ferns, and by unanimous consent, the Senate proceeded to the consideration of
Eng. Com. Sub. for House Bill 2851, Updating fee structure provisions for broker-dealers.
On third reading, coming up out of regular
order, with the unreported
At the request of Senator
On motion of Senator
On page
?32-4-406. Administration of chapter; operating fund for securities department.
(a) This chapter shall be administered by the Auditor of this state and he or she is hereby designated, and shall be, the commissioner of securities of this state. He or she or she has the power and authority to appoint or employ such assistants as are necessary for the administration of this chapter.
(b) The Auditor shall set up a special operating
fund for the securities division in his or her office. The Auditor shall pay
into the fund twenty percent of all fees collected as provided for in this
chapter. If, at the end of any fiscal year, the balance in the special operating
fund exceeds half of the prior fiscal year?s appropriation, the excess shall be
transferred to the General Revenue Fund: Provided,
That at the end of the 2018 fiscal year, if the balance in the special
operating fund exceeds twenty percent of the gross revenues from the special
operating fund operations, the auditor may first use the fund to repay any
transfers made during the 2017 fiscal year from the Revenue Shortfall Reserve
Fund to the West Virginia Enterprise Resource Planning Board created in section
one, article six-d, chapter twelve of this code: Provided, however, That
at the end of the 2018 fiscal year, after any repayments made out of the
special operating fund to the Revenue Shortfall Reserve Fund, any balance in
the special operating fund that exceeds half of prior year?s appropriation
shall be transferred to the General Revenue Fund.
The special operating fund shall be used by the Auditor to fund the operation of the securities division and the general operations of the Auditor?s office. The special operating fund shall be appropriated by line item by the Legislature.
(c) Moneys payable for assessments established by section four hundred seven-a of this article shall be collected by the commissioner and deposited into the General Revenue Fund.
(d) It is unlawful for the commissioner or any of his or her officers or employees to use for personal benefit any information which is filed with or obtained by the commissioner and which is not made public. No provision of this chapter authorizes the commissioner or any of his or her officers or employees to disclose any information except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter. No provision of the chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any of his or her officers or employees.;
And,
By striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as follows:
That ?32-2-202 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that ?32-2-406 of said code be amended and
reenacted; that ?32-3-305 of said code be amended and reenacted; and that
?32-4-413 of said code be amended and reenacted, all to read as follows:.
There being no further amendments offered,
Having been engrossed, the bill (Eng.
On the passage of the bill, the yeas were:
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld,
Woelfel and Carmichael (Mr. President)?31.
The nays were: Azinger, Karnes and Unger?3.
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
Eng.
Com. Sub. for House Bill 2851?A
Bill to amend and reenact ?32-2-202 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?32-3-305 of said code; to amend and reenact
?32-2-406 of said code; and to amend and reenact ?32-4-413 of said code, all
relating to increasing fees assessed by the Auditor?s Securities Division; and
changing the threshold at which money in the Auditor?s Security Division?s
special revenue fund becomes excess and transfers to the General Revenue Fund
for the 2018 fiscal year.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
On motion of Senator Ferns, the Senate
recessed until 6 p.m. today.
??????????? Upon expiration of the recess, the Senate reconvened.
On motion of Senator Ferns, the special order
of business set for this position on the calendar (consideration of executive nominations) was postponed and made a
special order of business at 9 p.m. tonight.
At the request of Senator Gaunch, and by unanimous consent, Senator Gaunch announced a meeting of the committee of conference as to Engrossed Committee Substitute for House Bill 2585 (Creating felony crime of conducting financial transactions involving proceeds of criminal activity).
??????????? At the request of Senator Ferns, and by unanimous consent, the Senate returned to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference
committee
Eng.
Com. Sub. for Senate Bill 204, Requiring persons appointed to fill vacancy by Governor have same
qualifications for vacated office and receive same compensation and expenses.
The Clerk announced the following conference
committee
Eng.
Com. Sub. for House Bill 2721, Removing the cost limitation on projects completed by the Division of
Highways.
And,
Eng.
Com. Sub. for House Bill 2722, Eliminating the financial limitations on utilizing the design-build
program for highway construction.
On motion of Senator Ferns, the Senate recessed
for five minutes.
Night Session
Upon expiration of the recess, the Senate
reconvened and, without objection, returned to the third order of business.
A message from The Clerk of the House of
Delegates announced that that body had agreed to the appointment of a committee
of conference of
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.
The message further announced the
appointment of the following conferees on the part of the House of Delegates:
Delegates
A message from The Clerk of the House of
Delegates announced that that body had agreed to the appointment of a committee
of conference of
Eng.
Com. Sub. for House Bill 2631,
Relating to time standards for disposition of complaint proceedings.
The message further announced the
appointment of the following conferees on the part of the House of Delegates:
Delegates
The Senate again proceeded to the fifth
order of business.
Filed Conference Committee Reports
The Clerk announced the following conference
committee
Eng.
And,
Eng.
Com. Sub. for House Bill 2579, Increasing the penalties for transporting controlled substances.
The Clerk announced the following conference
committee
Eng.
The Clerk announced the following conference
committee
Eng.
At the request of Senator Palumbo, and by
unanimous consent, the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the third
order of business.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2083,
Increasing the felony criminal penalties for exposing children to
methamphetamine manufacturing.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2367,
Establishing a criminal offense of organized retail crime.
A message from The Clerk of the House of
Delegates announced the adoption by that body of the committee of conference
report, passage as amended by the conference report with its conference amended
title, and requested the concurrence of the Senate in the adoption thereof, as
to
Eng.
Com. Sub. for House Bill 2447,
Renaming the Court of Claims the state Claims Commission.
Whereupon, Senator Weld, from the committee
of conference on matters of disagreement between the two houses, as to
Eng.
Com. Sub. for House Bill 2447, Renaming the Court of Claims the state Claims Commission.
Submitted the following report, which was
received:
Your committee of conference on the
disagreeing votes of the two houses as to the
That the House agree to the amendment of the
Senate to the bill striking out everything after the enacting section;
That both houses
agree to an amendment as follows:
On
page nine, after section seventeen, by inserting a new section, designated
section seventeen-a, to read as follows:
?14-2-17a. Shortened procedure
for road condition claims.
Notwithstanding the regular and
shortened procedures provided for in sections sixteen and seventeen of this
article, there shall be a shortened procedure for road condition claims. The
shortened procedure authorized by this section shall apply only to a claim
possessing all of the following characteristics:
(1)
The claim does not arise under an appropriation for the current fiscal year.
(2)
The claim alleges that a condition on the state?s highways or roads caused
property damage.
(3)
The Division of Highways concurs in the claim.
(4)
The amount claimed does not exceed $1,000.
The
Division of Highways shall prepare a stipulation concerning the claim and file
it with the clerk. The commission shall order the claim approved and shall file
its statement with the clerk.;
And,
That both houses recede from their respective
positions as to the title of the bill and agree to a new title, to read as
follows:
Eng. Com.
Sub. for House Bill 2447?A Bill to
repeal ?14-2-6 and ?14-2-18 of the Code of West Virginia, 1931, as amended; to
repeal ?14-2A-7 of said code; to amend and reenact ?14-2-3, ?14-2-4, ?14-2-4a,
?14-2-5, ?14-2-7, ?14-2-8, ?14-2-9, ?14-2-10, ?14-2-11, ?14-2-12, ?14-2-13,
?14-2-14, ?14-2-15, ?14-2-16, ?14-2-17, ?14-2-19, ?14-2-20, ?14-2-21, ?14-2-22,
?14-2-23, ?14-2-24, ?14-2-25, ?14-2-26, ?14-2-27 and ?14-2-28 of said code; to
amend said code by adding thereto a new section, designated ?14-2-17a; and to
amend and reenact ?14-2A-5, ?14-2A-6, ?14-2A-9, ?14-2A-10, ?14-2A-11, ?14-2A-12,
?14-2A-13, ?14-2A-14, ?14-2A-15, ?14-2A-16, ?14-2A-17, 14-2A-18, ?14-2A-19,
?14-2A-19a, ?14-2A-19b, ?14-2A-20, ?14-2A-21, ?14-2A-25, ?14-2A-26 and
?14-2A-28 of said code, all relating to certain claims against the state
generally; renaming the West Virginia Court of Claims the West Virginia
Legislative Claims Commission; renaming judges commissioners; clarifying the
length of the existing terms for the current commissioners; clarifying that
commissioners are not judicial officers; modifying definitions; providing
explicit power of removal of commissioners to the President of the Senate and
the Speaker of the House of Delegates; providing authority to the President of
the Senate and the Speaker of the House of Delegates for the hiring of a clerk,
chief deputy clerk, deputy clerks, claim investigators, and support staff and
setting salaries for said positions; authorizing the President of the Senate
and Speaker of the House to permit commissioners serve more than one hundred
twenty days in any fiscal year; increasing the monetary limit for agency agreed
to claims from $1,000 to $3,000; and updating and modifying and clarifying
procedures and practices of the commission.
Respectfully
submitted,
??????????? Mark
Zatezalo, Chair, John D. O?Neal IV,
Rodney Miller, Conferees on the part of
the House of Delegates.
??????????? Ryan
W. Weld, Chair, Mark R. Maynard,
Glenn D. Jeffries, Conferees on the part
of the Senate.
On motions of Senator
Engrossed
On the passage of the bill, as amended, the
yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire,
Ferns, Gaunch, Hall, Mann, Maroney, Maynard, Mullins, Plymale, Rucker, Smith,
Stollings, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?26.
The nays were: Miller, Palumbo, Prezioso and
Romano?4.
Absent: Jeffries, Karnes, Ojeda and Swope?4.
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.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2601,
Relating to municipal policemen?s or municipal firemen?s pension and relief
funds.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2679,
Relating to the possession of firearms in parks and park facilities.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate amended title,
passage as amended, of
Eng.
Com. Sub. for House Bill 2683,
Relating to West Virginia Insurance Guaranty Association Act.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2702,
Relating to excused absences for personal illness from school.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2720,
Allowing the School Building Authority to transfer funds allocated into the
School Construction Fund.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2739,
Relating to supplemental Medicaid provider reimbursement.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2771,
Relating to temporary teaching certificates for Armed Forces spouses.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2815,
Relating to higher education governance.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2857,
West Virginia Safer Workplaces Act.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2897, Raising the amount required for competitive bidding of construction
contracts by the state and its subdivisions.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
House Bill 3018, Adding
definition of correctional employee to the list of persons against whom an
assault is a felony.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 3093,
Establishing Broadband Enhancement and Expansion Policies.
At the request of Senator Ferns, and by
unanimous consent, the Senate again proceeded to the eighth order of business
and the consideration of
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 third reading, coming up out of regular
order, with the unreported Natural Resources committee amendment pending, and
with the right having been granted on Thursday, April 6, 2017, for amendments
to be received on third reading, was reported by the Clerk.
At the request of Senator
On motion of Senator Maynard, the following
amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the
enacting clause and inserting in lieu thereof the following:
That
?20-2-3 and ?20-2-16 of the Code of West Virginia, 1931, as amended, be amended
and reenacted; that said code be amended by adding thereto a new section,
designated ?20-2-5i; and
that ?20-7-9 of said code be amended and
reenacted, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
?20-2-3. State ownership
of wildlife.
The ownership
of and title to all wild animals, wild birds, both migratory and resident, and
all fish, amphibians, and all forms of aquatic life in the State of West
Virginia is hereby declared to be in the state, as trustee for the people. No
such wildlife shall be taken or hunted in any manner, or at any time, unless
the person so taking or hunting the same shall consent that the title thereto
shall be and remain in the State of West Virginia for the purpose of regulating
the taking, hunting, using and disposing of the same. The taking or hunting of
wildlife at any time or in any manner by any person shall be deemed such
consent: Provided, That, all fish, frogs and other aquatic life in
privately-owned ponds are, and shall remain, the private property of the owner
or owners of such privately-owned ponds, and that such fish, frogs and other
aquatic life in such privately-owned ponds may be caught, taken or killed by
such owner or owners at any time.
The ownership of
and title to wildlife in the State of West Virginia belongs to the state as
trustee for the people. Wildlife may not be taken or hunted in any manner
unless the person consents to regulation by the state for the taking, hunting
and use of wildlife. The act of taking, hunting or using wildlife by any person
constitutes consent to the state?s regulation of wildlife. Fish, frogs and aquatic life in
privately owned ponds are the private property of the owners of the privately
owned ponds and may be caught, taken or killed by the owners at any time.
?20-2-5i. Leashed
dogs for tracking mortally wounded deer or bear.
(a)
Notwithstanding any provision of this chapter to the contrary, a person who is
legally hunting and reasonably believes he or she has mortally wounded a deer
or bear may either personally, or by engaging a dog handler, use a leashed dog
to track and locate the mortally wounded deer or bear. The hunter or the dog
handler shall maintain physical control of the leashed dog at all times.
(b) The act of
tracking a mortally wounded deer or bear with a dog is hunting and is subject
to all applicable laws and rules, including the requirement to have written
permission to hunt on private property and to hunt during legal hunting hours.
The hunter and the dog handler shall possess a valid West Virginia hunting
license and any requisite stamps or permits. Only the hunter may kill a
mortally wounded deer or bear, and the deer or bear shall count toward the bag
limit of the hunter.
?20-2-16. Dogs chasing
deer.
No person may permit or
use his or her dog to hunt or chase deer. A natural resources police
officer shall take into possession any dog known to have hunted or chased deer.
and the director shall advertise that the dog is in his or her possession,
giving a description of the dog and stating the circumstances under which it
was taken. The notice shall be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine of this
code, and the publication area for the publication is the county. He or she
shall hold the dog for a period of ten days after the date of the publication.
If, within ten days, the owner does not claim the dog, the director shall
destroy it. In this event the cost of keeping and advertising shall be paid by
the director. If, within ten days, the owner claims the dog, he or she may
repossess it on the payment of costs of advertising and the cost of keep, not
exceeding 50? per
day. A natural resources police officer, or any officer or employee of the
director authorized to enforce the provisions of this section, after a bona
fide but unsuccessful effort to capture dogs detected chasing or pursuing deer,
may kill the dogs If the owner of the dog can be ascertained, the dog
shall be returned to the owner. If the owner of the dog cannot be ascertained,
the natural resources police officer shall deliver the dog to the appropriate
county humane officer or facility consistent with the provisions of this code.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
?20-7-9. Violations of
chapter generally; penalties.
(a) Any person violating any of the provisions of
this chapter or rules promulgated under the provisions of this chapter, thereunder,
when the punishment for which is not prescribed, shall be guilty of
a misdemeanor and, upon conviction thereof, shall for each offense be fined not
less than $20 nor more than $300 or confined in jail not less than ten or more
than one hundred days, or be both fined and imprisoned. within the
limitations aforesaid and, in
(b) In the case of a violation by a corporation, every
officer or agent thereof directing or engaging in such each violation
shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject
to the same penalties and punishment as herein provided.: Provided,
That any
(c) Any person violating subdivision (3), section five,
article two of this chapter, or section seven, section eight, or section
ten, article two of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $100 nor more than $500 and
or shall be imprisoned for not less than ten days nor more than one
hundred days, or both fined and imprisoned.: Provided, however,
That any
(d) Any person who is in violation of section twenty-seven,
article two of this chapter as a result of their failure to have a valid Class
E nonresident hunting and trapping license, as defined by section forty-two-d
of this article, or a valid Class EE nonresident bear hunting license, as
defined by section forty-two-e of this article, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor
more than $500, or confined in jail not less than ten nor more than one hundred
days, or both fined and imprisoned.: Provided further, That any
(e) Any person who is in violation of section twenty-seven,
article two of this chapter as a result of their failure to have a Class F
nonresident fishing license, as defined by section forty-two-f of this article,
shall be guilty of a misdemeanor and, upon conviction thereof, fined not less
than $100 nor more than $300 or confined in jail not less than ten nor more
than one hundred days, or both fined and imprisoned.: And provided
further, That any
(f) Any person violating any parking or speeding regulations
as promulgated by the director on any state parks, state forests, public
hunting and fishing areas and all other lands and waters owned, leased or under
the control of the Division of Natural Resources shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than $2 nor
more than $100 or imprisoned in jail not more than ten days, or both fined and
imprisoned.
There being no further amendments offered,
Having been engrossed, the bill (Eng.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?31.
The nays were: None.
Absent: Karnes, Ojeda and Swope?3.
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
Eng.
Com. Sub for House Bill 3020?A
Bill to amend and reenact ?20-2-3 and ?20-2-16 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new section,
designated ?20-2-5i; and to amend and reenact ?20-7-9 of said code, all
relating to hunting, trapping and fishing of wildlife generally; clarifying state
ownership of wildlife; permitting leashed dogs to track mortally wounded deer
or bear; clarifying the handling of dogs caught chasing deer; setting forth
criminal penalties for entering posted lands, destroying posted land signs or
hunting, trapping or fishing on the lands of another; and making technical
corrections.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Ferns, unanimous
consent being granted, the Senate proceeded to the consideration of
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.
On third reading, coming up out of regular
order, with the unreported
At the request of Senator
On motions of Senators
On page
(G) The public service district, or a
customer aggrieved by the changed rates or charges who presents to the circuit
court a petition signed by at least 750 customers or twenty-five percent of the
customers served by the public service district, whichever is fewer, when
dissatisfied by the approval, modification, or rejection by the county
commission of the proposed rates, fees and charges under the provisions of this
subdivision (2) may file a complaint regarding the rates, fees and charges
resulting from the action of, or failure to act by, the county commission in
the circuit court of the county in which the county commission sits: Provided, That any complaint or petition
filed hereunder shall be filed within thirty days of the county commission?s
final action approving, modifying or rejecting such rates, fees and charges, or
the expiration of the forty-five day period from the receipt by the county
commission, in writing, of the rates, fees and charges approved by resolution
of the board, without final action by the county commission to approve, modify
or reject such rates, fees and charges, and the circuit court shall resolve
said complaint: Provided, however,
That the rates, fees and charges so fixed by the county commission, or those
adopted by the district upon which the county commission failed to act, shall
remain in full force and effect, until set aside, altered or amended by the
circuit court in an order to be followed in the future.;
On page eighteen, section one, after line
one hundred forty-eight, by adding two new subsections, designated subsections
(e) and (d), to read as follows:
(e) The commission shall not have
jurisdiction of Internet protocol-enabled service or voice-over Internet
protocol-enabled service. As used in this subsection:
(1) ?Internet protocol-enabled service?
means any service, capability, functionality or application provided using
Internet protocol, or any successor protocol, that enables an end user to send
or receive a communication in Internet protocol format, or any successor
format, regardless of whether the communication is voice, data or video.
(2) ?Voice-over Internet protocol service?
means any service that:
(i) Enables real-time two-way voice
communications that originate or terminate from the user?s location using
Internet protocol or a successor protocol; and
(ii) Uses a broadband connection from the
user?s location.
(3) The term ?voice-over Internet protocol
service? includes any service that permits users to receive calls that
originate on the public-switched telephone network and to terminate calls on
the public-switched telephone network.
(f) Notwithstanding any other provisions of
this article, the commission shall not have jurisdiction to review or approve
any transaction involving a telephone company otherwise subject to sections
twelve and twelve-a, article two, chapter twenty-four of this code if all
entities involved in the transaction are under common ownership.;
And,
On page thirty, section eleven, after line
one hundred twenty-seven, by adding a new subdivision, designated subdivision
(8), to read as follows:
(8) A public service district, or a customer
aggrieved by the changed rates or charges who presents to the circuit court a
petition signed by at least 750 or twenty-five percent of the customers served
by the public service district, whichever is fewer, when dissatisfied by the
approval, modification, or rejection by the county commission of the proposed
rates, fees and charges under the provisions of this subsection (l) may file a
complaint regarding the rates, fees and charges resulting from the action of,
or failure to act by, the county commission in the circuit court of the county
in which the county commission sits: Provided,
That any complaint or petition filed hereunder shall be filed within thirty
days of the county commission?s final action approving, modifying or rejecting
such rates, fees and charges, or the expiration of the 45 day period from the receipt
by the county commission, in writing, of the rates, fees and charges approved
by resolution of the board, without final action by the county commission to
approve, modify or reject such rates, fees and charges, and the circuit court
shall resolve said complaint: Provided,
however, That the rates, fees and charges so fixed by the county
commission, or those adopted by the district upon which the county commission
failed to act, shall remain in full force and effect, until set aside, altered
or amended by the circuit court in an order to be followed in the future.
There being no further amendments offered,
Having been engrossed, the bill (Eng.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Sypolt, Takubo, Trump, Unger, Weld,
Woelfel and Carmichael (Mr. President)?31.
The nays were: None.
Absent: Karnes, Ojeda and Swope?3.
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 3096?A
Bill to repeal ?8-16-19 of the Code of West Virginia, 1931, as amended; to
amend and reenact ?16-13A-8 and ?16-13A-9 of said code; to amend and reenact
?24-1-1b of said code; to amend and reenact ?24-2-1, ?24-2-3, ?24-2-4b and
?24-2-11 of said code, all relating to the operation and regulation of utilities
and services generally; modifying procedures and requirements for the operation
and regulation of certain water and sewer utilities owned or operated by
political subdivisions of the state; eliminating reference to appeals to the
Public Service Commission from actions of municipal boards that are not subject
to the jurisdiction of the Public Service Commission; prohibiting Public Service Commission
jurisdiction of Internet protocol-enabled service and voice-over Internet
protocol-enabled service; defining the terms ?Internet protocol-enabled service?
and ?Voice-over Internet protocol service?; limiting Public Service Commission
jurisdiction of certain telephone company transactions; relating to the
authority of county commissions to modify proposed rates for certain water and
sewer utilities and providing for complaints to be filed with the circuit
courts pertaining to rates and charges enacted as proposed, modified or rejected
by the county commission; eliminating Public Service Commission authority
regarding stormwater utilities; providing time limits for the filing of
requests for investigations pertaining to political subdivisions providing
separate or combined water and/or sewer services and having at least four
thousand five hundred customers and annual combined gross revenues of $3 million
or more; clarifying the authority of the Public Service Commission to resolve
complaints of customers of water and sewer utilities operated by a political
subdivision of the state having at least four thousand five hundred customers
and annual combined gross revenues of $3 million or more; clarifying the
jurisdiction of the Public Service Commission relating to rates for municipal
water and/or sewer utilities having less than four thousand five hundred
customers or annual combined gross revenues of less than $3 million; revising
the notice and procedure provisions for construction projects for political
subdivisions of this state providing separate or combined water and/or sewer
services and having at least four thousand five hundred customers and annual combined
gross revenues of $3 million or more; and providing procedures for a public
service district or a customer satisfying certain requirements to file a
complaint in circuit court to contest the action or inaction of a county
commission regarding a rate proposals and construction projects that are not in
the ordinary course of business.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Ferns, and by
unanimous consent, the Senate proceeded to the consideration of
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.
On third reading, coming up out of regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso,
Romano, Rucker, Stollings, Sypolt, Takubo, Trump, Unger, Weld and Carmichael
(Mr. President)?28.
The nays were: None.
Absent: Blair, Karnes, Ojeda, Smith, Swope
and Woelfel?6.
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 2936?A
Bill to amend and reenact ?5A-3-11, ?5A-3-19 and ?5A-3-37 of the Code of West
Virginia, 1931, as amended, all relating to state purchases of commodities,
printing and services generally; authorizing the Office of Technology to engage
in procurement of technical infrastructure up to $500,000 without the approval
of the director of the Division of Purchasing, subject to legislative rules;
authorizing spending units to purchase commodities, printing or services
without written bids for purchases of $2,500 or less; requiring spending units
to make such purchases, when practical, at the lowest available price, whether
online or within a reasonable geographic area; requiring the director of the
Division of Purchasing, upon recommendation of the Office of Technology, to
participate in a cooperative purchasing agreement or consortium for the
purchase of technical infrastructure with certain governmental entities;
providing that a nonresident vendor of information technology equipment or
services that maintains at least one office within West Virginia and employs a
minimum of twenty-five state residents may qualify for a bidding preference;
establishing a reciprocal preference; and providing that a resident vendor of
West Virginia shall receive a preference against a nonresident vendor from any
state that gives or requires a preference to bidders from that state in an
amount equal to the amount of the preference given or required by the state of
the nonresident vendor for that particular supply.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Ferns, unanimous
consent being granted, the Senate proceeded to the consideration of
Eng.
House Bill 2684, Imposing penalties
for repeat violations of the prohibition against driving under the influence on
a suspended license.
On third reading, coming up out of regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso,
Romano, Rucker, Stollings, Sypolt, Trump, Unger, Weld and Carmichael (Mr.
President)?27.
The nays were: None.
Absent: Blair, Karnes, Ojeda, Smith, Swope,
Takubo and Woelfel?7.
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
Eng.
House Bill 2684?A Bill to
amend and reenact ?17B-4-3 of the Code of West Virginia, 1931, as amended,
relating to imposing enhanced penalties for repeat violations of the
prohibition against driving a motor vehicle on any public highway of this state
at a time when the privilege to do so has been lawfully suspended for driving
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.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Ferns, and by
unanimous consent, the Senate proceeded to the consideration of
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.
On third reading, coming up out of regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso,
Romano, Rucker, Stollings, Sypolt, Takubo, Trump, Unger, Weld and Carmichael
(Mr. President)?28.
The nays were: None.
Absent: Blair, Karnes, Ojeda, Smith, Swope
and Woelfel?6.
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
Eng.
Com. Sub. for House Bill 2704?A
Bill to amend and reenact ?18A-3-6 and ?18A-3-10 of the Code of West Virginia,
1931, as amended, all relating generally to the licensure or certification of
teachers; providing for the automatic revocation of a certificate or license
for a teacher convicted of an offense under chapter sixty-one, article eight-d,
section five of the code; and permitting the West Virginia Department of
Education to require that a licensee be fingerprinted for analysis by the West
Virginia State Police for a state criminal history record check through the
central abuse registry and by the Federal Bureau of Investigation for a
national criminal history record check, when the licensee has lived outside of
the state for one year or more since licensure, or when the department or
school administrator reasonably believes the licensee has not disclosed a
felony conviction, a conviction of an offense under chapter sixty-one, article
eight-b of this code, or a conviction of an offense similar to those in chapter
sixty-one, article eight-b of this code that have been established under the
laws of any other state or the United States.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Ferns, and by
unanimous consent, the Senate returned to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference
committee
Eng.
The Clerk announced the following conference
committee
Eng.
At the request of Senator Ferns, unanimous
consent being granted, the Senate returned to the fourth order of business.
Senator
Your Committee on
House
Concurrent Resolution 62, Webster
County Veterans Highway.
And has amended same.
House
Concurrent Resolution 63, William
B. Burgess Memorial Road.
And has amended same.
Com.
Sub. for House Concurrent Resolution 65, Hobert G. ?Hobie? Underwood Memorial Bridge.
And has amended same.
House
Concurrent Resolution 68, James
Earl Gibson Memorial Road.
And has amended same.
And,
House
Concurrent Resolution 118, Craddock
Brothers Bridge.
And has amended same.
And reports the same back with the
recommendation that they each be adopted, as amended.
Respectfully submitted,
?
??? Chair.
Following a point of inquiry to the
President, with resultant response thereto,
At the request of Senator
The following amendment to the resolution,
from the Committee on Transportation and Infrastructure, was reported by the
Clerk and adopted:
On page one, in the third Whereas clause, by
striking out the word ?its? and inserting in lieu thereof the word ?their?.
??????????? The
question now being on the adoption of the resolution (H. C. R. 62), as amended,
the same was put and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator
The following amendments to the resolution,
from the Committee on Transportation and Infrastructure, were reported by the
Clerk, considered simultaneously, and adopted:
On page one, in the Resolved clause, line
fourteen, before the word ?William? by inserting the words ?U.S. Army PFC?;
On page one, in the first Further Resolved
clause, before the word ?William?
by inserting the words ?U.S. Army PFC?;
And,
??????????? By striking out the
title and substituting therefor a new title, to read as follows:
??????????? House
Concurrent Resolution 63?
??????????? The question now being
on the adoption of the resolution (H. C. R. 63), as amended, the same was put
and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator
The following amendment to the resolution,
from the Committee on Transportation and Infrastructure, was reported by the
Clerk and adopted:
On page one, in the second Whereas clause,
after the word ?War? by inserting ?II?.
??????????? The
question now being on the adoption of the resolution (Com. Sub. for H. C. R.
65), as amended, the same was put and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator
The following amendments to the resolution,
from the Committee on Transportation and Infrastructure, were reported by the
Clerk, considered simultaneously, and adopted:
On page one, in the Resolved clause, before
the word ?James? by inserting
the words ?U.S. Navy PO3?;
On page one, in the first Further Resolved
clause, before the word ?James?
by inserting the words ?U.S. Navy PO3?;
And,
??????????? By striking out the
title and substituting therefor a new title, to read as follows:
??????????? House
Concurrent Resolution 68?
??????????? The question now being
on the adoption of the resolution (H. C. R. 68), as amended, the same was put
and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator
The following amendments to the resolution,
from the Committee on Transportation and Infrastructure, were reported by the
Clerk, considered simultaneously, and adopted:
On page two, in the tenth Whereas clause,
after the word ?Brothers? by
inserting the word ?Veterans?;
On page two, in the Resolved clause, after
the word ?Brothers? by
inserting the word ?Veterans?;
On page two, in the first Further Resolved
clause, after the word ?Brothers?
by inserting the word ?Veterans?;
And,
??????????? By striking out the
title and substituting in lieu thereof a new title to read as follows:
??????????? House
Concurrent Resolution 118?
??????????? The question now being
on the adoption of the resolution (H. C. R. 118), as amended, the same was put
and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
The Senate again proceeded to the fifth
order of business.
Filed Conference Committee Reports
The Clerk announced the following conference
committee
Eng.
At the request of Senator Ferns, and by
unanimous consent, the Senate returned to the fourth order of business.
Senator
Your Committee on
Com.
Sub. House Concurrent Resolution 78, Almond Brothers and Family Veterans Bridge.
Com.
Sub. House Concurrent Resolution 84, U.S. Army Air Force S/SGT Harold ?Dean? Baker Memorial Bridge.
House
Concurrent Resolution 87, Deputy
Sheriff SGT. Justin Alan Thompson Memorial Highway.
House
Concurrent Resolution 96, U.
S. Marine Corps Cpl Mark Douglas Cool Memorial Bridge.
And,
Com.
Sub. House Concurrent Resolution 98, John H. Reed, Jr. Memorial Bridge.
And reports the same back with the
recommendation that they each be adopted.
Respectfully submitted,
?
??? Chair.
At the request of Senator
The question being on the adoption of the
resolutions, the same was put and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
At the request of Senator Ferns, and by
unanimous consent, the Senate proceeded to the seventh order of business.
Senate
Concurrent Resolution 64, Requesting
study of Division of Purchasing.
On unfinished business, coming up in regular
order, was reported by the Clerk.
On motion of Senator Ferns, the resolution
was referred to the Committee on Rules.
House
Concurrent Resolution 21, 1SG
Carl J. Crabtree Memorial Road.
On unfinished business, coming up in regular
order, was reported by the Clerk.
The following amendments to the resolution,
from the Committee on Transportation and Infrastructure, were reported by the
Clerk, considered simultaneously, and adopted:
By striking out everything after the title
and inserting in lieu thereof the following:
Whereas, Carl J.
Crabtree was born on November 8, 1917, in Branchland, Lincoln County, West
Virginia. He was raised and educated in Logan County and worked there until he
enlisted in the military on August 27, 1940; and
Whereas, Carl J.
Crabtree served in WW II in the 325 Glider Infantry Regiment, 82nd Airborne
Division as a First Sergeant; and
Whereas, Carl J.
Crabtree was wounded on June 8, 1944, in France and was a prisoner of war; and
Whereas, Carl J.
Crabtree?s decorations and citations included the American Defense, American
Theater, Good Conduct, Purple Heart, European African Middle Eastern Theater
Ribbon with one Bronze Star, Distinguished Unit Badge, Croix De Guerre, Belgium
Fourragere and Victory Medal; and
Whereas, Carl J.
Crabtree served honorably in the United States Army, ending his active service
on May 24, 1946; and
Whereas, Carl J.
Crabtree, after returning to Logan County and Rossmore, raised a family and was
employed among other occupations in the coal mines; and
Whereas, Carl J.
Crabtree died on December 6, 2004, survived by three daughters, Connie Herndon
of Switzer, West Virginia, and Janet Cook and Carolyn Greene of Rossmore, West
Virginia. He was preceded in death by his wife and a daughter, Patricia Molnar;
and
Whereas, Naming a
bridge in Logan County in U.S. Army 1SG Carl J. Crabtree?s honor is an
appropriate recognition of his contributions to his country, state, community
and Logan County; therefore, be it
Resolved
by the Legislature of West Virginia:
That the Division
of Highways is hereby requested to name bridge number 23-119/15-0.06 (23A247)
(37.81172, -81.99561), locally known as National Guard Armory Bridge, carrying
County Route 119/15 over Island Creek in Logan County the ?U.S. Army 1SG Carl
J. Crabtree Memorial Bridge?; and, be it
Further Resolved,
That the Division of Highways is requested to have
made and be placed signs identifying bridge number 23-119/15-0.06 (23A247)
(37.81172, -81.99561), locally known as National Guard Armory Bridge, carrying
County Route 119/15 over Island Creek in Logan County the ?U.S. Army 1SG Carl
J. Crabtree Memorial Bridge?; and, be it
Further Resolved,
That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation.;
And,
??????????? By striking out the
title and substituting in lieu thereof a new title to read as follows:
??????????? House
Concurrent Resolution 21?
??????????? The question now being
on the adoption of the resolution (H. C. R. 21), as amended, the same was put
and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
House
Concurrent Resolution 35, Arnold
Miller Memorial Bridge.
On unfinished business, coming up in regular
order, was reported by the Clerk.
The following amendments to the resolution,
from the Committee on Transportation and Infrastructure, were reported by the
Clerk, considered simultaneously, and adopted:
On page three, in the Resolved clause,
before the word ?Arnold? by inserting the words ?U.S. Army PFC?;
On page three, in the first Further Resolved
clause, before the word ?Arnold? by inserting the words ?U.S. Army PFC?;
And,
??????????? By striking out the
title and substituting therefor a new title, to read as follows:
??????????? House
Concurrent Resolution 35?
??????????? The question now being
on the adoption of the resolution (H. C. R. 35), as amended, the same was put
and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
House
Concurrent Resolution 58, William
C. Campbell Memorial Highway.
On
unfinished business, coming up in regular order, was reported by the Clerk.
The
following amendments to the resolution, from the Committee on Transportation
and Infrastructure, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, in the Resolved clause, before
the word ?William? by inserting
the words ?U.S. Army CPT?;
On page three, in the first Further Resolved
clause, before the word ?William?
by inserting the words ?U.S. Army CPT?;
And,
??????????? By striking out the
title and substituting therefor a new title, to read as follows:
??????????? House
Concurrent Resolution 58?
??????????? The
question now being on the adoption of the resolution (H. C. R. 58), as amended,
the same was put and prevailed.
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate
Thereafter,
at the request of Senator
House
Concurrent Resolution 73, U
S Army Air Corps PVT William James Irwin, Memorial Bridge.
On unfinished business, coming up in regular
order, was reported by the Clerk.
The following amendments to the resolution,
from the Committee on Transportation and Infrastructure, were reported by the
Clerk, considered simultaneously, and adopted:
On page one, in the first Whereas clause, by
striking out the word ?over?
and inserting in lieu thereof the words ?more than?;
On page two, in the Resolved clause, by
striking out the words ?Bridge Number:? and inserting in lieu thereof the words ?bridge number?;
On page two, in the Resolved clause, by
striking out ?U S? and
inserting in lieu thereof ?U.S.?;
On page two, in the first Further Resolved
clause, by striking out ?U S?
and inserting in lieu thereof ?U.S.?;
And,
??????????? By striking out the
title and substituting therefor a new title, to read as follows:
??????????? House
Concurrent Resolution 73?
??????????? The question now being
on the adoption of the resolution (H. C. R. 73), as amended, the same was put
and prevailed.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Ferns, unanimous
consent being granted, the Senate again proceeded to the eighth order of
business and the consideration of
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.
On third reading, coming up out of 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
Eng. Com. Sub. for House Bill 2781?A Bill to amend and reenact ?3-2-11 of the Code of West Virginia, 1931, as amended, relating to voting procedures; removing requirement that Division of Motor Vehicles forward certain information of persons who decline to become registered to vote to Secretary of State; amending the effective date for voter registration procedures passed in 2016 and 2017 legislative sessions to July 1, 2019; requiring Division of Motor Vehicles to make presentation to Joint Committee on Government and Finance if unable to meet requirements of section by February 1, 2019; and requiring Division of Motor Vehicles shall report to the Joint Committee on Government and Finance by January 1, 2018, with full and complete list of all infrastructure they require to achieve certain purposes.
Senator
On this question, 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, 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
At the request of Senator Ferns, and by
unanimous consent, the Senate proceeded to the consideration of
Eng.
Com. Sub. for House Bill 2887, Relating to retirement and separation incentives.
On third reading, coming up out of 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.
At the request of Senator
The following amendment to the title of the
bill, from the Committee on
Eng.
Com. Sub. for House Bill 2887?A
Bill to amend and reenact ?18B-1-1d of the Code of West Virginia, 1931, as
amended, relating to retirement and separation incentives; providing that
higher education institutions may provide incentives for retirement in response
to a decline in state revenues supporting said higher education institutions;
providing that higher education institutions must present policies involving
incentives for retirement to the Joint Committee on Pensions and Retirement and
those policies must be approved before being implemented; allowing a lump sum
payment to an employee to be excluded from calculation of employees average
final salary; allowing for continuation of employee?s full salary for a
predetermined time to be a reduced continuation salary; allowing an employee
who is sixty-five or older, eligible for retirement and vested to retire
without additional costs to the higher education institution; and requiring
that the institution must enter into a memoranda of understanding with the
Public Employees Insurance Agency and any affected retirement system and that
memoranda of understanding must be approved by the Joint Committee on Pensions
and Retirement prior to implementation of any incentive plan.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
At the request of Senator Ferns, unanimous
consent being granted, the Senate returned to the fourth order of business.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2620, West Virginia Drug Overdose Monitoring Act.
With amendments from the Committee on the
Judiciary pending;
Now on second reading, having been referred
to the Committee on
And reports the same back with the
recommendation that it do pass as amended by the Committee on the Judiciary to
which the bill was first referred.
Respectfully submitted,
?
??? Chairman ex officio.
At the request of Senator
The following amendment to the bill, from
the Committee on the Judiciary, was reported by the Clerk:
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 ?16-5T-1, ?16-5T-2, ?16-5T-3, ?16-5T-4 and ?16-5T-5, all to
read as follows:
Article
5T. Office of Drug Control Policy.
?16-5T-1. Short title.
??????????? This article shall be
referred to as the West Virginia Drug Control Policy Act.
16-5T-2. Office of Drug Control Policy.
(a) The Office of Drug
Control Policy is created within the Department of Health and Human Resources
under the direction of the Secretary and supervision of the State Health
Officer.
(b) The Office of Drug Control
Policy shall create a state drug control policy in coordination with the bureaus
of the Department and other state agencies. This policy shall include all programs
which are related to the prevention, treatment and reduction of substance abuse
use disorder.
(c) The Office of Drug
Control Policy shall:
(1) Develop a strategic
plan to reduce the prevalence of drug and alcohol abuse and smoking by at least
ten percent by July 1, 2018;
(2) Monitor, coordinate and
oversee the collection of data and issues related to drug, alcohol and tobacco
access, substance use disorder policies and smoking cessation and prevention
and their impact on state and local programs;
(3) Make policy
recommendations to executive branch agencies that work with alcohol and
substance use disorder issues, and smoking cessation and prevention to ensure
the greatest efficiency and consistency in practices will be applied to all
efforts undertaken by the administration;
(4) Identify existing
resources and prevention activities in each community that advocate or
implement emerging best practice and evidence-based programs for the full
substance use disorder continuum of drug and alcohol abuse education and
prevention, including smoking cessation or prevention, early intervention,
treatment and recovery;
(5) Encourage coordination
among public and private, state and local, agencies, organizations and service
providers and monitor related programs;
(6) Act as the referral
source of information, using existing information clearinghouse resources
within the Department for Health and Human Resources, relating to emerging best
practice and evidence-based substance use disorder prevention, cessation,
treatment and recovery programs, and youth tobacco access, smoking cessation
and prevention. The Office of Drug Control Policy will identify gaps in
information referral sources;
(7) Apply for grant
opportunities for existing programs;
(8) Observe programs in
other states;
(9) Make recommendations
and provide training, technical assistance and consultation to local service
providers;
(10) Review existing
research on programs related to substance use disorder prevention and treatment
and smoking cessation and prevention and provide for an examination of the
prescribing and treatment history, including court-ordered treatment or
treatment within the criminal justice system, of persons in the state who
suffered fatal or nonfatal opiate overdoses;
(11) Establish a mechanism
to coordinate the distribution of funds to support any local prevention,
treatment and education program based on the strategic plan that could
encourage smoking cessation and prevention through efficient, effective and
research-based strategies;
(12) Establish a mechanism
to coordinate the distribution of funds to support a local program based on the
strategic plan that could encourage substance use prevention, early
intervention, treatment and recovery through efficient, effective and
research-based strategies;
(13) Oversee a school-based
initiative that links schools with community-based agencies and health
departments to implement school-based antidrug and anti-tobacco programs;
(14) Coordinate media
campaigns designed to demonstrate the negative impact of substance use
disorder, smoking and the increased risk of tobacco addiction and the
development of other diseases;
(15) Review Drug
Enforcement Agency and the West Virginia scheduling of controlled substances
and recommend changes that should be made based on data analysis;
(16) Develop
recommendations to improve communication between health care providers and
their patients about the risks and benefits of opioid therapy for acute pain,
improve the safety and effectiveness of pain treatment and reduce the risks
associated with long-term opioid therapy, including opioid use disorder and
overdose;
(17) Develop and implement
a program, in accordance with the provisions of section three of this article, to
collect data on fatal and nonfatal drug overdoses, caused by abuse and misuse
of prescription and illicit drugs from law enforcement agencies, emergency
medical services, health care facilities and the Office of the Chief Medical Examiner;
(18) Develop and implement
a program that requires the collection of data on the dispensing and use of an
opioid antagonist from law enforcement agencies, emergency medical services,
health care facilities, the Office of the Chief Medical Examiner and other
entities as required by the office;
(19) Develop a program that
provides assessment of persons who have been administered an opioid antagonist;
and
(20) Report semi-annually
to the Joint Committee on Health on the status of the Office of Drug Control
Policy.
(d) Notwithstanding any
other provision of this code to the contrary, and to facilitate the collection
of data and issues, the Office of Drug Control Policy may exchange necessary
data and information with the bureaus within the Department, the Department of
Military Affairs and Public Safety, the Department of Administration, the
Administrator of Courts, the Poison Control Center, and the Board of Pharmacy.
The data and information may include, but is not be limited to: data from the
Controlled Substance Monitoring Program; the all-payer claims database; the
criminal offender record information database; and the court activity record
information;
(e) Prior to July 1, 2018, the office shall develop a
plan to expand the number of treatment beds in locations throughout the state
which the office determines to be the highest priority for serving the needs of
the citizens of the state.
?16-5T-3. Reporting
system requirements; implementation; central repository requirement.
(a) The Office
of Drug Control Policy shall implement a
program in which a central repository is established and maintained that shall
contain information required by this article. In implementing this program, the
office shall consult with all affected entities, including law-enforcement
agencies, health care providers, emergency response providers, pharmacies and
medical examiners.
(b) The program
authorized by subsection (a) of this section shall be designed to minimize
inconvenience to all entities maintaining possession of the relevant
information while effectuating the collection and storage of the required
information. The Office of Drug Control Policy shall allow reporting of the required information by
electronic data transfer where feasible, and where not feasible, on reporting
forms promulgated by the Office of Drug Control Policy. The information required to be submitted by the
provisions of this article shall be required to be filed no more frequently
than on a quarterly basis.
?16-5T-4. Entities required to report;
required information.
(a) To fulfill
the purposes of this article, the following information shall be reported to
the Office of Drug Control Policy:
(1) An
emergency medical or law-enforcement response to a suspected or reported
overdose, or a response in which an overdose is identified by the responders;
(2) Medical
treatment for an overdose;
(3) The
dispensation or provision of an opioid antagonist; and
(4) Death
attributed to overdose or ?drug poisoning?.
(b) The
following entities shall be required to report information contained in
subsection (a) of this section:
(1) Pharmacies
operating in the state;
(2) Health
care providers;
(3) Medical
examiners;
(4)
Law-enforcement agencies, including prosecuting attorneys, state, county and
local police departments; and
(5) Emergency response providers.
?16-5T-5. Promulgation
of rules.
The Secretary of the Department of Health and Human
Resources may propose rules for promulgation in accordance with article three,
chapter twenty-nine-a of this code to implement the provisions of this section.
The legislature finds that for the purposes of section fifteen, article three,
chapter twenty-nine-a of this Code, an emergency exists requiring the
promulgation of emergency rules to preserve the public peace, health, safety or
welfare and to prevent substantial harm to the public interest.
??????????? Following discussion,
??????????? The
question being on the adoption of the Judiciary committee amendment to the
bill, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. 2620), as
amended, was then ordered to third reading.
Senator Ferns moved that the constitutional
rule requiring a bill to be read on three separate days be suspended.
Senator Stollings requested Senator Takubo
to yield to questions.
Whereupon, the President stated the motion
to suspend the constitutional rule was a nondebatable motion.
Thereafter, 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, 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: Facemire?1.
Absent: None.
Having been engrossed, the bill (Eng. Com.
Sub. for H. B. 2620) was then 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. 2620) passed.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
??????????? Following
a point of inquiry to the President, concerning possession of Engrossed
Committee Substitute for House Bill 2620,
??????????? Senator
Trump moved to amend the title of
??????????? Eng. Com. Sub. for House Bill 2620,
West Virginia Drug Overdose Monitoring Act.
The bill still being in the possession of
the Senate,
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 2620?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated ?16-5T-1, ?16-5T-2, ?16-5T-3, ?16-5T-4 and ?16-5T-5, all relating to the West Virginia Drug Control Policy Act; creating the Office of Drug Control Policy within the Department of Health and Human Resources; requiring the office to develop a state drug control policy and a strategic plan; requiring the office to coordinate with other entities; setting forth duties of the office; requiring the coordination of funding; requiring data sharing; requiring the office to develop a plan to add treatment beds; required reporting; requiring the office to create a central repository of drug overdose information in West Virginia; establishing the program and purpose; establishing the reporting system requirements; establishing responsibility of entities to report information; setting forth information required to be reported and the agencies which are affected; providing for data collection and reporting; and providing for rule-making authority and emergency rule-making authority.
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 adoption by that body of the committee of conference
report, passage as amended by the conference report with its conference amended
title, and requested the concurrence of the Senate in the adoption thereof, as
to
Eng.
Com. Sub. for House Bill 2721,
Removing the cost limitation on projects completed by the Division of Highways.
Whereupon, Senator Boso, from the committee
of conference on matters of disagreement between the two houses, as to
Eng.
Com. Sub. for House Bill 2721, Removing the cost limitation on projects completed by the Division of
Highways.
Submitted the following report, which was
received:
Your
committee of conference on the disagreeing votes of the two houses as to the
Senate amendment to Engrossed Committee Substitute for House Bill 2721 having
met, after full and free conference, have agreed to recommend and do recommend
to their respective houses, as follows:
That the
Senate recede from its amendment on page four, section five, lines seventy-six
and seventy-seven;
That the
Senate recede from its amendment on page seven, section nine, lines sixty and
sixty-one;
That the
House of Delegates agrees to the amendment of the Senate on page eight, lines
sixty-five to seventy-nine, by striking out all of subsection (i);
And,
That both houses recede from their positions as to the title of the bill and agree to the same as follows:
Eng. Com. Sub. for House Bill 2721?A Bill to amend and reenact ?17-27-5 and ?17-27-9 of
the Code of West Virginia, 1931, as amended, all relating to the public-private
transportation facilities act; reducing the cost threshold limitation on
projects completed by the Division of Highways that are eligible for funding
from the state road fund; and extending the time limitation by which agreements
must be made.
Respectfully submitted,
??????????? Ron Walters, Chair, Marty Gearhart, Mick Bates, Conferees on the part of the House of Delegates.
??????????? Gregory L. Boso, Chair, Chandler Swope, Glenn D.
Jeffries, Conferees on the part of the
Senate.
Senator
Thereafter, on motion of Senator
Engrossed
On the passage of the bill, as amended, the
yeas were: Azinger, Beach, Boley, Boso, Clements, Cline, Facemire, Ferns,
Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?32.
The nays were: None.
Absent: Blair and Karnes?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.
A message from The Clerk of the House of
Delegates announced the adoption by that body of the committee of conference
report, passage as amended by the conference report with its conference amended
title, and requested the concurrence of the Senate in the adoption thereof, as
to
Eng.
Com. Sub. for House Bill 2722,
Eliminating the financial limitations on utilizing the design-build program for
highway construction.
Whereupon, Senator Boso, from the committee
of conference on matters of disagreement between the two houses, as to
Eng.
Com. Sub. for House Bill 2722, Eliminating the financial limitations on utilizing the design-build
program for highway construction.
Submitted
the following report, which was received:
Your
committee of conference on the disagreeing votes of the two houses as to the
Senate amendment to Engrossed Committee Substitute for House Bill 2722 having
met, after full and free conference, have agreed to recommend and do recommend
to their respective houses, as follows:
Both houses
recede from their respective positions as to the amendment of the Senate on
page one, section two, lines five through twelve, and agree to the same as
follows:
(b) The Division of
Highways may expend no more than $50 million in each year in the program:
Provided, That if any of the $50 million is unused in one year, the
remaining amount may be applied to the following year?s amount: Provided,
however, That the total aggregate amount to be expended may not exceed $150
million in any one year: Provided
further, That for fiscal years beginning after June 30, 2017, the Division
of Highways may expend no more than $200 million on any one project: And provided further, That for fiscal
years beginning after June 30, 2017, the Division of Highways may expend no
more than $400 million in each year in the program: And provided further, That for fiscal years beginning after June
30, 2017, if any of the $400 million is unused in any year, the remaining
amount may be applied to the following year?s amount: And provided further, That for fiscal years beginning after June
30, 2017, the total aggregate amount to be expended may not exceed $500 million
in any one year: And provided further, That
expenditures made for projects that are necessitated by a declared state of
emergency within a county that the Governor has included in a declaration of
emergency are not to be included against the expenditure limits provided in this
subsection;
That the
Senate recede from its position as to the amendment of the Senate on page one,
section two, line seventeen;
And,
That both houses
recede from their positions as to the title of the bill and agree to the same
as follows:
Eng. Com. Sub. for House Bill 2722?A Bill to amend and reenact ?17-2D-2 of the Code of West Virginia, 1931, as amended, relating to highway construction using the design-build program; changing maximum amounts that may be expended for projects using the design-build program for highway construction and making certain exceptions to expenditure limits.
??????????????????????????????????????????????????????????????????????? Respectfully
submitted,
Ron
Walters, Chair, Marty Gearhart, Mick
Bates, Conferees on the part of the House
of Delegates.
??????????? Gregory L. Boso, Chair, Chandler Swope, Glenn D.
Jeffries, Conferees on the part of the
Senate.
On motions
of Senator
Engrossed
On the
passage of the bill, as amended, the yeas were: Azinger, Beach, Boley, Boso,
Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney,
Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker,
Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and
Carmichael (Mr. President)?32.
The nays
were: None.
Absent:
Blair and Karnes?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.
At the
request of Senator Ferns, and by unanimous consent, the Senate again proceeded
to the eighth order of business and the consideration of
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.
On third
reading, coming up out of regular order, was read a third time and put upon its
passage.
On the
passage of the bill, the yeas were: Azinger, Beach, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?32.
The nays
were: None.
Absent:
Blair and Karnes?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.
On motion of Senator Ferns, the special
order of business set for this position on the calendar (consideration of executive nominations) was postponed and made a
special order of business at 11 p.m. tonight.
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, to take effect
Eng. Com. Sub. for Senate Bill 40, Requiring
inclusion of protocols for response to after-school emergencies in school
crisis response plans.
On motion of
Senator
The
following House of Delegates
By striking
out everything after the enacting section and inserting in lieu thereof the
following:
That the
Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated ?18-2-25b, to read as follows:
?18-2-25b. Emergency Action Plans for Athletics.
(a) No later than August 1, 2017, the West Virginia
Secondary Schools Athletics Commission shall promulgate rules to establish
guidelines for emergency action plans for athletics, designed to respond to
athletic injuries that occur on school property during school-sponsored
athletic events. The rules shall address, at a minimum:
(1) Protocols for practices and for games;
(2) Directives for personnel or equipment
which should be available on sports fields or in school buildings for both
girls? and boys? teams; and
(3) Training needed for school or volunteer
personnel on an as-needed basis.
(b) All member schools shall
submit an emergency action plan for athletics to the West Virginia Secondary
Schools Athletics Commission and their county boards of education by December
31, 2017. Provided, that the county
boards shall keep the emergency plan of each school in the county on file and,
unless otherwise provided for, provide a copy of each school?s emergency action
plan for athletics to each local emergency response agency that has a role in
the plan.
(c) Any person licensed by, or certified or
registered in, this state to provide health care or professional health care
services who renders services of a medical nature to students under this
section, who has an agreement with a county board of education that defines the
scope of his or her duties as such, and for which no remuneration is demanded
or received, is not liable for any civil damages as a result of rendering such
services, or as a result of any act or failure to act in providing or arranging
further medical treatment.
(1) The
limitation of liability only applies if the services are provided in accordance
with acceptable standards of care and the licensed health care provider is not
grossly negligent or does not demonstrate willful misconduct.
(2) Any
liability is limited to the applicable limits of the professional liability
insurance provided by the State Board of Risk and Insurance Management in
effect at the time.
(3) Nothing
in this subsection nullifies the immunity from civil liability as granted
pursuant to section fifteen, article seven, chapter fifty-five of this code or
federal law except to the extent to which the actions are covered within the
applicable limits of the professional liability insurance provided by the State
Board of Risk and Insurance Management pursuant to this section and in effect
at the time.;
And,
By
striking out the title and substituting therefor a new title, to read as
follows:
Eng. Com. Sub. for Senate Bill 40?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?18-2-25b, relating to
emergency action plans for athletics; providing that the West Virginia
Secondary Athletics Commission promulgate rules to establish guidelines for
emergency action plans by August 1, 2017; establishing parameters for said
rules; requiring all member schools to submit emergency action plans to the
commission and their county boards of education by December 31, 2107; providing
that a copy of the plan be provided to local response agencies identified in
the plan; setting forth a limit of liability; and providing for an effective
date.
On motion
of Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?32.
The nays
were: None.
Absent:
Blair and Karnes?2.
So, a
majority of all the members elected to the Senate having voted in the
affirmative, the President declared the bill (Eng.
Senator
On this
question, the yeas were: Azinger, Beach, Boley, Boso, Clements, Cline,
Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?32.
The nays
were: None.
Absent:
Blair and Karnes?2.
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.
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 535,
Reorganizing Division of Tourism.
On motion of
Senator
The
following House of Delegates
On page
nine, section six, lines eleven through seventeen, after the word section? by
changing the colon to a period and striking out the proviso;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill 535?A Bill to
repeal ?5B-2-8, ?5B-2-8a, ?5B-2-9, ?5B-2-11, ?5B-2-12 and ?5B-2-12a of the Code
of West Virginia, 1931, as amended; to amend and reenact ?5B-1-2 of said code;
and to amend said code by adding thereto a new article, designated ?5B-2I-1,
?5B-2I-2, ?5B-2I-3, ?5B-2I-4, ?5B-2I-5, ?5B-2I-6, ?5B-2I-7 and ?5B-2I-8, all
relating to tourism promotion generally; continuing the West Virginia Division
of Tourism Office; creating the West Virginia Tourism Act of 2017; creating the
position of Executive Director of the West Virginia Tourism Office and setting
forth the authority of the executive director; authorizing the Governor to
appoint the executive director and set his or her salary; clarifying that the
executive director shall serve as Commissioner of Tourism until establishment
of the West Virginia Tourism Office; making the position of executive director
one of will and pleasure; establishing qualifications for the position of
executive director; establishing powers and duties of the West Virginia Tourism
Office; authorizing the West Virginia Tourism Office to enter into
private-public agreements and to change and collect fees for goods and services
it supplies; authorizing the West Virginia Tourism Office to retain services
necessary to carry out its duties; establishing criteria for retaining
services; authorizing the executive to employ necessary personnel and to
contract for professional, technical and consulting services and purchase
equipment and supplies; authorizing the executive director, at the consent of
the Secretary of Commerce, to compile a list on classified service exempt
positions; requiring the West Virginia Tourism Office to publish and
disseminate an annual report; directing the West Virginia Tourism office and
its director to collaborate with the West Virginia Development Office;
authorizing cancellation of contracts and joint venture agreements without
further obligation of the state and setting the conditions precedent therefor;
continuing the Tourism Promotion Fund in the State Treasury; directing that
moneys in the fund be spent solely for tourism promotion; defining terms;
exempting unspent moneys in fund from reverting to the General Revenue Fund;
eliminating the Tourism Advertising Partnership Program effective July 1, 2017,
with exceptions for resolution of outstanding obligations; directing the
establishment of a cooperative advertising program within the West Virginia
Tourism Office; authorizing the West Virginia Tourism Office to establish a fee
schedule for participants in the cooperative advertising program; continuing an
independent Tourism Commission within the Department of Commerce; establishing
membership of Tourism Commission; requiring that gubernatorial appointments to
the board be subject to the advice and consent of the Senate; setting forth
qualifications of board members; establishing duties of the commission; and
providing that documents, data and other writings related to furnishing
assistance to businesses, other than agreements entered into by the West
Virginia Tourism Office or West Virginia Development Office which obligate
public funds, are exempt from disclosure under the Freedom of Information Act.
On motion
of Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?32.
The nays
were: None.
Absent:
Blair and Karnes?2.
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.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended with its House of Delegates amended title, to take effect
Eng. Senate Bill 687, Relating
generally to coal mining, safety and environmental protection.
On motion of
Senator
The
following House of Delegates
On page
On page
forty-eight, section six, line three, by striking out ?2018? and inserting in
lieu thereof ?2017?;
On page
forty-eight, section six, line three, by striking out the words ?one year term?
and inserting in lieu thereof the words ?three year term until June 30, 2020?;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill 687?A Bill to
amend and reenact ?22-3-11, ?22-3-13a and ?22-3-23 of the Code of West
Virginia, 1931, as amended; to amend and reenact ?22-6-24 of said code; to
amend and reenact ?22-11-7b of said code; to amend and reenact ?22A-1-2 and
?22A-1-5 of said code; to amend and reenact ?22A-2-59 of said code; to amend
said code by adding thereto a new section, designated ?22A-2A-1001; to amend
and reenact ?22A-6-3, ?22A-6-4 and ?22A-6-6 of said code; to amend and reenact
?22A-7-2, ?22A-7-3, ?22A-7-5, ?22A-7-5a and ?22A-7-7 of said code; to amend and
reenact ?22A-9-1 of said code; to amend and reenact ?22A-11-1, ?22A-11-2,
?22A-11-3 and ?22A-11-4 of said code; to amend said code by adding thereto a
new section, designated ?22A-11-5, all relating generally to natural resources;
providing that moneys be paid from special reclamation water trust fund to
assure a reliable source of capital and operating expenses for the treatment of
discharges from forfeited sites; modifying notification requirements for
preblast surveys for surface mining operations and certain other blasting
activities; removing minimum bond requirements related to certain reclamation
work; providing for changes to the method of plugging abandoned gas wells where
a coal operator intends to mine through the well; removing certain criteria
from evaluation for the narrative water quality standard; authorizing the
elimination of the Board of Miner Training, Education and Certification, the
Mine Inspectors? Examining Board, and the Mine Safety Technology Task Force,
and the transfer of duties from those boards and task force to the Board of
Coal Mine Health and Safety; providing guaranteed term limits for certain board
and commission members, providing that an automated external defibrillator unit
be required first-aid equipment located in certain areas of an underground coal
mine; directing that the Office of Miners? Health, Safety and Training revise
state rules related to diesel equipment operating in underground mines; and requiring
rulemaking.
On motion
of Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Boley, Boso, Clements, Cline,
Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Mullins,
Ojeda, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Weld, Woelfel and Carmichael (Mr. President)?28.
The nays
were: Beach, Miller, Romano and Unger?4.
Absent:
Blair and Karnes?2.
So, a
majority of all the members elected to the Senate having voted in the
affirmative, the President declared the bill (Eng.
Senator
On this
question, the yeas were: Azinger, Boley, Boso, Clements, Cline, Facemire,
Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Weld, Woelfel and Carmichael (Mr. President)?28.
The nays
were: Beach, Miller, Romano and Unger?4.
Absent:
Blair and Karnes?2.
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.
A message from The Clerk of the House of
Delegates announced that that body had refused to concur in the Senate
Eng.
Com. Sub. for House Bill 2731,
Clarifying civil actions heard in circuit court.
On motion
of Senator
On further
motion of Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?32.
The nays
were: None.
Absent:
Blair and Karnes?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.
A message from The Clerk of the House of
Delegates announced that that body had refused to concur in the Senate
Eng.
Com. Sub. for House Bill 2555,
Relating to tax credits for apprenticeship training in construction trades.
On motion
of Senator
On further
motion of Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney, Maynard, Miller,
Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?32.
The nays
were: None.
Absent:
Blair and Karnes?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.
Pending
announcement of a meeting of a standing committee of the Senate,
On motion
of Senator
??????????? Upon expiration of the recess, the Senate reconvened and resumed business under the third order.
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 76, Creating WV Second Chance for Employment
Act.
On motion of Senator
The following House of Delegates
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 ?61-11B-1;
?61-11B-2, ?61-11B-3 and ?61-11B-4, all to read as follows:
ARTICLE 11B.
CRIMINAL OFFENSE REDUCTION.
?61-11B-1.
Legislative Intent
??????????? (1) It is the intent
of the Legislature to establish a program that provides for a reduction of
certain criminal offenses after imposition of penalties, and demonstration of
reform and adherence to law for an extended period thereafter.
??????????? (2) It is also the
intent of the Legislature to allow for public notice of prior transgressions
without further penalty or diminution of employment opportunities.
?61-11B-2.
Definitions
??????????? (a)
As used in this article, the following words and phrases shall have the
meanings given to them in this section unless the context clearly indicates
otherwise:
??????????? (1) ?Criminal
offense reduction? means a reduction of a qualifying felony offense to a
misdemeanor offense pursuant to this article.
??????????? (2) ?Excluded
Offense? means:
??????????? (A) a conviction
involving:
??????????? (i) the infliction
of serious physical injury;
??????????? (ii) involving a
sexual offense, including specifically the provisions of article eight-b,
eight-c, and eight-d of this chapter;
??????????? (iii) involving the
use or exhibition of a deadly weapon or dangerous instrument;
??????????? (iv) involving a
battery, assault or other provision of section nine, article two of this
chapter;
??????????? (v) involving a
domestic battery, domestic assault, or other provisions of section
twenty-eight, article two of this chapter;
??????????? (vi) a conviction
for driving under the influence of alcohol, controlled substances or a
conviction for a violation of section three, article four, chapter seventeen-b
of this code or section nineteen, article eight of this chapter, or
??????????? (B) any that the
Court may so find based upon the facts and circumstances of the offense giving
rise to the felony conviction involved in the petition.
??????????? (3) ?Non-violent
felony? means a conviction in the State of West Virginia for a violation of
state law that is felonious in nature, and in which the court makes an express
finding that the underlying offense giving rise to the petition is not (i) an
excluded offense as defined in subdivision (2) of this article, and (ii) did
not involve violence or potential violence to another person or the public.
??????????? (4) ?Petitioner?
means a person who has filed a petition seeking a criminal offense reduction
under the provisions of this article.
??????????? (5) ?Qualifying
felony offense? means: a conviction for non-violent felony offense that is also
not an excluded offense.
??????????? (6) ?Requisite time
period? means (1) ten years after completion of any sentence or period of
supervision or probation, whichever is longer; and (2) during which time there
has been no commission and conviction of violation of law by the petitioner.
?61-11B-3.
Criminal Offense Reduction
??????????? (a) Subject to the
limitations and procedures set forth in this article, a person convicted of a
non-violent felony offense may seek a criminal offense reduction by petition to
the circuit court. If granted, the person?s felony offense shall be reduced to
a misdemeanor and shall be designated on all records relating to the offense as
a reduced misdemeanor. The person?s criminal record shall also reflect that the
person be granted legal status associated with being convicted of a
misdemeanor, and the person shall not be deemed as being convicted of a felony
for any legal purpose or restriction.
??????????? (b) Notwithstanding
any provision of law to the contrary, the reduced misdemeanor provided for
under this article may not be expunged as part of this petition or by
subsequent legal proceeding or petition.
??????????? (c) There shall be
no entitlement to a criminal offense reduction and the granting of the petition
shall remain in the discretion of the circuit court.
?61-11B-4.
Petition for reduction.
??????????? (a) A person seeking
a criminal offense reduction under this article shall file with the circuit
court a petition, in a form and manner set forth by the West Virginia Supreme
Court of Appeals.
??????????? (b) The clerk of the
Circuit Court shall charge and collect a filing fee in advance the same fee as
is charged for instituting a civil action pursuant to subdivision (1),
subsection (a), section eleven, article one, chapter fifty-nine of this code: Provided, That $100 of such filing fee
shall go to the West Virginia State Police to assist in the administration and
review of records required under this article.
??????????? (c) Each petition
for criminal offense reduction pursuant to this section shall be verified under
oath and include the following information:
??????????? (1) Petitioner?s
current name and all other legal names or aliases by which petitioner has been
known at any time;
??????????? (2) All of
petitioner?s addresses from the date of the offense or alleged offense in
connection with which an criminal offense reduction order is sought to date of
the petition;
??????????? (3) Petitioner?s
date of birth and social security number;
??????????? (4) Petitioner?s
date of arrest, the court of jurisdiction and criminal complaint, indictment,
summons or case number;
??????????? (5) The statute or
statutes and offense or offenses for which petitioner was charged and of which
petitioner was convicted;
??????????? (6) The names of any
victim or victims, or that there were no identifiable victims;
??????????? (7) Whether there is
any current order for restitution, protection, restraining order or other no
contact order prohibiting the petitioner from contacting the victims or whether
there has ever been a prior order for restitution, protection or restraining
order prohibiting the petitioner from contacting the victim. If there is such a
current order, petitioner shall attach a copy of that order to his or her
petition;
??????????? (8) The court?s
disposition of the matter and punishment imposed, if any;
??????????? (9) Why a criminal
offense reduction is sought, such as, but not limited to, employment or
licensure purposes, and why it should be granted;
??????????? (10) The steps the
petitioner has taken since the time of the offenses toward personal
rehabilitation, including treatment, work or other personal history that
demonstrates rehabilitation;
??????????? (11) Whether
petitioner has ever been granted criminal offense reduction, expungement or
similar relief regarding a criminal conviction by any court in this state, any
other state or by any federal court; and
??????????? (12) Any supporting
documents, sworn statements, affidavits or other information supporting the
petition to reduce criminal offense
??????????? (d) A copy of the
petition, with any supporting documentation, shall be served by petitioner
pursuant to the rules of the trial court upon the Superintendent of the State
Police; the prosecuting attorney of the county of conviction; the chief of
police or other executive head of the municipal police department wherein the
offense was committed; the chief law-enforcement officer of any other
law-enforcement agency which participated in the arrest of the petitioner; the
circuit court which disposed of the petitioner?s criminal charge; the
superintendent or warden of any institution in which the petitioner was
confined; and all other state and local government agencies whose records would
be affected by the proposed criminal offense reduction.
??????????? (e) The
prosecutorial office that had jurisdiction over the offense or offenses for
which reduction is sought shall serve by first class mail the petition for
criminal offense reduction, accompanying documentation and any proposed
criminal offense reduction order to any identified victims.
??????????? (f) Upon receipt of
a petition for criminal offense reduction, the Superintendent of the State Police;
the prosecuting attorney of the county of conviction; the chief of police or
other executive head of the municipal police department wherein the offense was
committed; the chief law-enforcement officer of any other law-enforcement
agency which participated in the arrest of the petitioner; the superintendent
or warden of any institution in which the petitioner was confined; the circuit
court which disposed of the petitioner?s criminal charge; all other state and
local government agencies whose records would be affected by the proposed
criminal offense reduction and any other interested individual or agency that
desires to oppose the criminal offense reduction shall, within thirty days of
receipt of the petition, file a notice of opposition with the court with
supporting documentation and sworn statements setting forth the reasons for
resisting the petition for criminal offense reduction. A copy of any notice of
opposition with supporting documentation and sworn statements shall be served
upon the petitioner in accordance with trial court rules. The petitioner may
file a reply no later than fifteen days after service of any notice of
opposition to the petition for criminal offense reduction.
??????????? (g) The burden of
proof shall be on the petitioner to prove by clear and convincing evidence
that:
??????????? (1) The conviction
or convictions for which criminal offense reduction is sought are qualifying
offenses and the only convictions against petitioner;
??????????? (2) that the
requisite time period has passed since the conviction or convictions or end of
the completion of any sentence of incarceration or probation;
??????????? (3) petitioner has
no criminal charges pending against him or her;
??????????? (4) the criminal
offense reduction is consistent with the public welfare;
??????????? (5) petitioner has,
by his or her behavior since the conviction or convictions, evidenced that he
or she has been rehabilitated and is law-abiding; and
??????????? (6) any other matter
deemed appropriate or necessary by the court to make a determination regarding
the petition for criminal offense reduction.
??????????? (h) Within ninety
days of the filing of a petition for criminal offense reduction the circuit
court shall:
??????????? (1) Summarily grant
the petition;
??????????? (2) Set the matter
for hearing; or
??????????? (3) Summarily deny
the petition if the court determines that the petition is insufficient or,
based upon supporting documentation and sworn statements filed in opposition to
the petition, the court determines that the petitioner, as a matter of law, is
not entitled to reduction.
??????????? (i) If the court
sets the matter for hearing, all interested parties who have filed a notice of
opposition shall be notified. At the hearing, the court may inquire into the
background of the petitioner and shall have access to any reports or records
relating to the petitioner that are on file with any law-enforcement authority,
the institution of confinement, if any, and parole authority or other agency
which was in any way involved with the petitioner?s arrest, conviction,
sentence and post-conviction supervision, including any record of arrest or
conviction in any other state or federal court. The court may hear testimony of
witnesses and any other matter the court deems proper and relevant to its
determination regarding the petition. The court shall enter an order reflecting
its ruling on the petition for criminal offense reduction with appropriate
findings of fact and conclusions of law.
??????????? (j) If the court
grants the petition for criminal offense reduction, it shall order any records
in the custody of the court, and of any other agency or official, including
law-enforcement records, to reflect reduction of the felony offense to a
reduced misdemeanor. Every agency with records relating to the arrest, charge
or other matters arising out of the arrest or conviction that is ordered to
reflect the criminal offense reduction in its records shall certify to the
court within sixty days of the entry of the criminal offense reduction order
that the required reduction has been completed.
(k) Upon granting of criminal offense
reduction, the person whose felony offense has been reduced under the
provisions of this article shall not have to disclose the fact of the record or
any matter relating thereto on an application for employment, credit or other
type of application that he or she has a felony conviction.;
And,
By
striking out the title and substituting therefor a new title, to read as
follows:
Eng. Com. Sub. for Senate Bill 76?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new article, designated ?61-11B-1; ?61-11B-2, ?61-11B-3 and ?61-11B-4, all
relating to establishment of a criminal offense reduction program; setting
forth legislative intent; setting forth definitions; providing for persons
convicted of certain criminal felony offenses to petition for reduction to a
misdemeanor offense; setting forth limitations; providing for reduced offense
to be reflected on criminal records; expressly providing that reduction of
felony offense means person shall not be deemed as being convicted of a felony
for any legal purpose or restriction; clarifying that reduced misdemeanor
offenses may not be expunged; clarifying that criminal offense reduction is in
the discretion of the circuit court; establishing procedures for petition to
the court; requiring payment of a filing fee; directing certain moneys to State
Police from filing fee; setting forth information to be included on the
petition; providing for notification of petition to certain persons; requiring
prosecuting attorney to contact identified victims; providing for notice of
opposition to the petition by certain persons; establishing burden of proof by
petitioner; providing for a hearing and setting forth procedures; providing for
entry of an order by the court; authorizing court to enter an order directing
certain records to reflect reduction of a felony offense to a reduced
misdemeanor; requiring certification of compliance to the court; and providing
for disclosure requirements.
On motion of Senator Ferns, the following amendments to the House of Delegates amendments to the bill (Eng. Com. Sub. for S.
B. 76) were reported by the
Clerk, considered simultaneously, and adopted:
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 ?61-11B-1, ?61-11B-2, ?61-11B-3, ?61-11B-4
and ?61-11B-5, all to read as follows:
ARTICLE
11B. CRIMINAL OFFENSE REDUCTION.
?61-11B-1.
Legislative Intent.
??????????? It
is the Legislature?s intention in enacting this article to establish a
procedure whereby individuals convicted of certain criminal offenses may,
pursuant to the provisions of this article, obtain a reduced offense of
conviction. In enacting this article, it is also the Legislature?s intent to
improve the employment possibilities of certain persons while allowing the
public notice of their actual conduct and prior transgressions without further
penalty or diminution of employment opportunities.
?61-11B-2. Definitions.
(a) As used in this article,
the following words and phrases shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
??????????? (1)
?Criminal offense reduction? means the reduction of a qualifying felony offense
to a misdemeanor offense pursuant to this article.
??????????? (2)
?Excluded offense? means:
??????????? (A)
An offense which involves the infliction of serious physical injury;
(B) A sexual offense,
including, but not limited to, a violation of the felony provisions of article
eight, eight-b, eight-c, or eight-d of this chapter;
(C) An offense which
involves the use or exhibition of a deadly weapon or dangerous instrument;
(D) A felony violation of
the provisions of section nine, article two of this chapter;
(E) A felony violation of
the provisions of section twenty-eight, article two of this chapter;
(F) A felony violation of
article four, chapter seventeen-b of this code; or
(G) A felony, the facts
and circumstances of which the circuit court finds to be inconsistent with the
purposes of this article.
??????????? (3)
?Non-violent felony? means a felony conviction in a circuit court of this
state, which the circuit court finds is not (i) an excluded offense as defined
in subdivision (2) of this article, and (ii) which does not involve violence or
potential violence to another person or the public.
??????????? (4)
?Petitioner? means a person who has filed a petition seeking a criminal offense
reduction under the provisions of this article.
??????????? (5)
?Qualifying felony offense? means: a non-violent felony offense that is not
excluded from relief under this article.
??????????? (6)
?Reduced misdemeanor? means a legal status representing that a person
previously convicted of a non-violent qualifying felony has successfully
petitioned a circuit court to have the felony conviction reduced to the status
of a misdemeanor.
??????????? (7)
?Requisite time period? means ten years after completion of any sentence or
period of supervision or probation, whichever is later during which time there
has been no commission and conviction for a violation of law by the petitioner
other than for a minor traffic offense.
?61-11B-3. Criminal Offense Reduction.
(a) Subject to the
limitations and procedures set forth in this article, a person convicted of a
non-violent felony offense may seek a criminal offense reduction by petition to
the circuit court. If granted, the petitioner?s felony conviction shall be vacated
and the petitioner?s status will thereafter be designated on all records
relating to the offense as a ?reduced misdemeanor.? The petitioner?s criminal
record shall also reflect that he or she be granted such legal status as is associated
with being convicted of a misdemeanor and, except as provided by the provisions
of this article, the person shall not be deemed to have been convicted of a
felony for any legal purpose or restriction.
??????????? (b)
Notwithstanding any provision of law to the contrary, the reduced misdemeanor
provided for under this article may not be expunged as part of this petition or
by subsequent legal proceeding or petition.
??????????? (c)
There shall be no entitlement to a criminal offense reduction and the granting
of the petition shall remain in the discretion of the circuit court.
??????????? (d)
Nothing in the section may be construed to allow a person obtaining relief
pursuant to this article to be eligible for reinstatement of any retirement or
employment benefit which he or she lost or forfeited due to the felony
conviction or convictions vacated and reduced to the status of a misdemeanor.
?61-11B-4. Petition for reduction.
??????????? (a)
A person seeking a criminal offense reduction under this article shall file
with the circuit court a petition, in a form and manner set forth by the West
Virginia Supreme Court of Appeals.
??????????? (b)
Any person filing a petition pursuant to the provisions of this article shall
pay the filing fee set by the provisions of subdivision (1), subsection (a),
section eleven, article one, chapter fifty-nine of this code: Provided, That in addition to the fee
required by the provisions of this subsection a petitioner shall pay a fee of
$100 which shall be deposited into a non-appropriated special revenue account
within the State Treasurer?s office to be known as the West Virginia State
Police Criminal History Account, said fee to be used to offset costs to the
State Police for actions to facilitate the operation of this article.
??????????? (c)
Each petition for criminal offense reduction filed pursuant to this section
shall be verified under oath and include the following information:
??????????? (1)
Petitioner?s current name and all other legal names or aliases by which the petitioner
has been known at any time;
??????????? (2)
All of petitioner?s addresses from the date of the offense for which a criminal
offense reduction order is sought to the date of the filing of the petition;
??????????? (3)
Petitioner?s date of birth and social security number;
??????????? (4)
Petitioner?s date of arrest, the court of jurisdiction and criminal case number;
??????????? (5)
The offense or offenses with which petitioner was charged and of which
petitioner was convicted and the statutory citations therefor.
??????????? (6)
The names of any victim or victims, or where there are no identifiable victims
such shall be stated;
??????????? (7)
Whether there is any current order for restitution, protection, restraining
order or other no contact order prohibiting the petitioner from contacting the
victims or whether there has ever been a prior order for restitution,
protection or restraining order prohibiting the petitioner from contacting the
victim. If there is such a current order, petitioner shall attach a copy of that
order to his or her petition;
??????????? (8)
The court?s disposition of the matter and sentence imposed;
??????????? (9)
The reasons a criminal offense reduction is sought, such as, but not limited
to, employment or licensure purposes, and arguments in support thereof;
(10) The date upon which
he or she completed any sentence or period of supervision or probation;
(11) An express averment
by the petitioner that he or she has neither committed nor been convicted of a
violation of law;
(12) The action the
petitioner has taken since the time of the offense or offenses toward personal
rehabilitation, including treatment, work or other personal history that
demonstrates rehabilitation;
(13) Whether petitioner
has ever been granted criminal offense reduction, expungement or similar relief
regarding a criminal conviction by any court in this state, any other state or
by any federal court; and
(14) Any supporting
documents, sworn statements, affidavits or other information supporting the
petition to reduce criminal offense.
??????????? (d)
A copy of the petition, with any supporting documentation, shall be served by
petitioner pursuant to the West Virginia Rules of Civil Procedure upon the
Superintendent of the State Police; the prosecuting attorney of the county of
conviction; the chief of police or other executive head of the municipal police
department wherein the offense was committed; the chief law-enforcement officer
of any other law-enforcement agency which participated in the arrest of the
petitioner; the circuit court of conviction, if the petition is filed in
another circuit; the superintendent or warden of any state correctional
facility in which the petitioner was imprisoned; and any state and local
government agencies the records of which would be affected by the proposed
criminal offense reduction.
??????????? (e)
The prosecuting attorney of the county in which the petition is filed shall
serve by first class mail the petition for criminal offense reduction,
accompanying documentation and any proposed criminal offense reduction order to
any identified victims.
??????????? (f)
Upon receipt of a petition for criminal offense reduction, the Superintendent
of the State Police; the prosecuting attorney of the county of conviction; the
chief of police or other executive head of the municipal police department wherein
the offense was committed; the chief law-enforcement officer of any other
law-enforcement agency which participated in the arrest of the petitioner; the
superintendent or warden of any institution in which the petitioner was
confined; the circuit court of conviction, if the petition is filed in another
circuit; any state and local government agencies the records of which would be
affected by the proposed criminal offense reduction and any interested
individual or agency that desires to oppose the criminal offense reduction
shall, within thirty days of receipt of the petition, file a notice of
opposition with the court with supporting documentation and sworn statements
setting forth the reasons for resisting the petition for criminal offense
reduction. A copy of any notice of opposition with supporting documentation and
sworn statements shall be served upon the petitioner or his or her counsel in
accordance with West Virginia Rules of Civil Procedure. The petitioner may file
a reply no later than fifteen days after service of any notice of opposition to
the petition for criminal offense reduction.
??????????? (g)
The burden of proof shall be on the petitioner to prove by clear and convincing
evidence that:
??????????? (1)
The conviction or convictions for which criminal offense reduction is sought
are qualifying offenses and are the only convictions against petitioner;
??????????? (2)
That the requisite time period has passed since the conviction or convictions
or end of the completion of any sentence of incarceration or probation;
??????????? (3)
That the petitioner has neither committed nor been convicted of a violation of
law in the preceding ten years;
??????????? (4)
That petitioner has no criminal charges pending against him or her;
??????????? (5)
That the criminal offense reduction is consistent with the public welfare;
??????????? (6)
That petitioner has, by his or her behavior since the conviction or
convictions, evidenced that he or she has been rehabilitated and has remained law-abiding;
and
??????????? (7)
Any other matter deemed appropriate or necessary by the court to make a
determination regarding the petition for criminal offense reduction.
??????????? (h)
Within one-hundred-eighty days of the filing of a petition for criminal offense
reduction or as soon thereafter as is practicable the circuit court shall:
??????????? (1)
Summarily grant the petition;
??????????? (2)
Set the matter for hearing; or
??????????? (3)
Summarily deny the petition, if the court determines that the petition is
insufficient, or based upon supporting documentation and sworn statements filed
in opposition to the petition, the court determines that the petitioner, as a
matter of law, is not entitled to reduction.
??????????? (i)
If the court sets the matter for hearing, all interested parties who have filed
a notice of opposition shall be notified. At the hearing, the court may inquire
into the background of the petitioner and shall have access to any reports or
records relating to the petitioner that are on file with any law-enforcement
authority, the institution of confinement, if any, and parole authority or
other agency which was in any way involved with the petitioner?s arrest,
conviction, sentence and post-conviction supervision, including any record of
arrest or conviction in any other state or federal court. The court may hear
testimony of witnesses and evidence of any other matter the court deems proper
and relevant to its determination regarding the petition. The court shall enter
an order reflecting its ruling on the petition for criminal offense reduction
with appropriate findings of fact and conclusions of law.
??????????? (j)
If the court grants the petition for criminal offense reduction, it shall order
any records in the custody of the court, and of any other agency or official,
including law-enforcement records, to reflect reduction of the felony offense
to the status of reduced misdemeanor. Every agency with records relating to the
arrest, charge or other matters arising out of the arrest or conviction that is
ordered to reflect the criminal offense reduction in its records shall certify
to the court within ninety days of the entry of the criminal offense reduction
order that the required reduction has been completed: Provided, That upon inquiry by a prospective employer or on an
application for employment, credit or other type of application, he or she
shall disclose the existence of the reduced misdemeanor and acknowledgement of
the prior conviction if asked about prior convictions or crimes.???????????
(k) Upon granting of
criminal offense reduction, the person whose felony offense has been reduced
under the provisions of this article shall not have to disclose the fact of the
record or any matter relating thereto on an application for employment, credit
or other type of application that he or she has a felony conviction.
?61-11B-5. Employer protections.
(a) A cause of action may not be
brought against an employer, general contractor, premises owner, or other third
party solely based on the employer, general contractor, premises owner, or
other third party employing a person or independent contractor who has been
convicted of a nonviolent, non-sexual offense or a person who has had his or
her conviction reduced pursuant to this article.
(b) In a negligent hiring action
against an employer, general contractor, premises owner, or other third party
for the acts of an employee or independent contractor that is based on a theory
of liability other than that described by subsection (a) of the section, the
fact that the employee or independent contractor was convicted of a
nonviolent, non-sexual offense or had his or her conviction reduced pursuant to
this article before the employee or independent contractor?s employment or
contractual obligation with the employer, general contractor, premises owner,
or other third party, as applicable, may not be introduced into evidence.
(c) This section does not
preclude any existing cause of action for failure of an employer or other
person to provide adequate supervision of an employee or independent
contractor, except that the fact that the employee or independent contractor has
been convicted of a nonviolent, non-sexual criminal offense or had his or her
conviction reduced pursuant to this article may be introduced into evidence in
the suit only if the employer:
(1) Knew of the conviction or was
grossly negligent in not knowing of the conviction or reduced offense; and
(2) The conviction or reduced
offense was directly related to the nature of the employee?s or
independent contractor?s work and the conduct that gave rise to the alleged
injury that is the basis of the suit.
(d) This section shall not be
interpreted as implying a cause of action exists for negligent hiring of a
person based upon his or her criminal record in factual situations not covered
by the provisions 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
76?A Bill to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new article, designated
?61-11B-1, ?61-11B-2, ?61-11B-3, ?61-11B-4 and ?61-11B-5, all relating to
establishment of a criminal offense reduction program; creating the criminal
offense classification of reduced misdemeanor; setting forth legislative
intent; setting forth definitions; allowing persons convicted of certain
criminal felony offenses to petition under specified circumstances for
reduction of the felony to misdemeanor status; setting forth limitations;
providing for reduced offense status to be reflected on criminal records;
expressly providing that reduction of felony offense means person shall not be
deemed as being convicted of a felony for certain legal purposes or
restrictions; clarifying that a reduced misdemeanor may not be expunged;
clarifying that criminal offense reduction is in the discretion of the circuit
court; establishing procedures for petition to the court; requiring payment of
a filing fee when filing petition; directing a fee be paid to the State Police
to offset costs associated with facilitating the purposes of this article;
setting forth information to be included on the petition; providing for
notification of petition to certain persons; requiring prosecuting attorney to
contact identified victims; providing for notice of opposition to the petition
by certain persons; establishing burden and standard of proof for petitions;
providing for a hearing and setting forth procedures; providing for entry of an
order by the court; authorizing court to enter an order directing certain
records to reflect reduction of a felony offense to the status of reduced
misdemeanor; requiring certification of compliance to the court; and providing
for disclosure requirements; and granting employers limited civil immunity for
hiring of convicted felons and persons in reduced misdemeanor status and
exceptions thereto.
On motion of Senator Ferns, the Senate concurred in the House of
Delegates amendments, as
amended.
Engrossed Committee Substitute for Senate Bill 76, 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, Mann, Maroney,
Maynard, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?32.
The nays were: None.
Absent: Karnes and Mullins?2.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. 76)
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 Senate
Eng.
Com. Sub. for House Bill 2196, Relating to the secondary schools
athletic commission.
On motion of Senator
The following House of Delegates
On page
On page one, section twenty-five, line
seven, before the word ?The? by inserting ?(b)?;
On page two, section twenty-five, line
twenty-seven, before the word ?The? by inserting ?(c)?;
On page two, section, twenty-five, line
thirty-five, before the word ?Notwithstanding? by inserting ?(d)?;
On page three, section twenty-five, line
forty, after the words ?provided that?
by striking out the remainder of subdivision (1) and inserting in lieu thereof
a colon and the following:
(A) The home school student?s average test
results are within or above the fourth stanine in all subject areas, and;
(B) The private or parochial school
students meet the same academic and attendance requirements of public school
students.;
And,
On page three, section twenty-five,
subdivision (5), by striking out the word ?legislature? and inserting in lieu
thereof the words ?Legislature regarding?.
On motion of Senator Ferns, the Senate concurred in the foregoing House
of Delegates amendments to the
Senate amendments to the bill.
Engrossed Committee Substitute for House Bill 2196, as amended, was then
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley,
Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Maroney, Maynard, Miller,
Ojeda, Plymale, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Woelfel and Carmichael (Mr. President)?27.
The nays were: Facemire, Mann, Palumbo, Prezioso and Weld?5.
Absent: Jeffries and Mullins?2.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 2196)
passed with its Senate amended
title.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the Senate
Eng.
Com. Sub. for House Bill 2526, Classifying additional drugs to Schedules
I, II, IV and V of controlled substances.
On motion of Senator
The following House of Delegates
On page four, section two hundred four,
subsection (b), by striking out all of subdivision (29);
And,
By renumbering the remaining subdivisions.
On motion of Senator Ferns, the Senate concurred in the foregoing House
of Delegates amendments to the
Senate amendment to the bill.
Engrossed Committee Substitute for House Bill 2526, 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, Karnes, Mann, Maroney,
Maynard, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(Mr. President)?32.
The nays were: None.
Absent: Jeffries and Mullins?2.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. 2526)
passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
A message from The Clerk of the House of Delegates announced the
adoption by that body of the committee of conference report, passage as amended
by the conference report with its conference amended title, and requested the
concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill
2329, Prohibiting the
production, manufacture or possession of fentanyl.
Whereupon, Senator Weld, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Com. Sub. for House Bill
2329, Prohibiting the
production, manufacture or possession of fentanyl.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
That both houses recede from their respective positions as to the
amendment of the Senate striking out everything following the enacting clause
and inserting new language, and agree to the same as follows
That ?60A-1-101 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that ?60A-2-204 of said code be amended and reenacted;
and that said code be amended by adding thereto a new section, designated
?60A-4-414, all to read as follows:
ARTICLE 1. DEFINITIONS.
?60A-1-101. Definitions.
As used in this act:
(a) ?Administer? means the
direct application of a controlled substance whether by injection, inhalation,
ingestion or any other means to the body of a patient or research subject by:
(1) A practitioner (or, in
his or her presence, by his or her authorized agent); or
(2) The patient or research
subject at the direction and in the presence of the practitioner.
(b) ?Agent? means an
authorized person who acts on behalf of or at the direction of a manufacturer,
distributor or dispenser. It does not include a common or contract carrier,
public warehouseman or employee of the carrier or warehouseman.
(c) ?Analogue? means a
substance that, in relation to a controlled substance, has a substantially similar
chemical structure.
(d) ?Bureau? means the ?Bureau
of Narcotics and Dangerous Drugs, United States Department of Justice? or its
successor agency.
(e) ?Controlled substance?
means a drug, substance or immediate precursor in Schedules I through V of
article two of this chapter.
(f) ?Counterfeit substance?
means a controlled substance which, or the container or labeling of which,
without authorization, bears the trademark, trade name or other identifying
mark, imprint, number or device, or any likeness thereof, of a manufacturer,
distributor or dispenser other than the person who in fact manufactured,
distributed or dispensed the substance.
(g) ?Imitation controlled
substance? means: (1) A controlled substance which is falsely represented to be
a different controlled substance; (2) a drug or substance which is not a
controlled substance but which is falsely represented to be a controlled
substance; or (3) a controlled substance or other drug or substance or a
combination thereof which is shaped, sized, colored, marked, imprinted,
numbered, labeled, packaged, distributed or priced so as to cause a reasonable
person to believe that it is a controlled substance.
(h) ?Deliver? or ?delivery?
means the actual, constructive or attempted transfer from one person to another
of: (1) A controlled substance, whether or not there is an agency relationship;
(2) a counterfeit substance; or (3) an imitation controlled substance.
(i) ?Dispense? means to
deliver a controlled substance to an ultimate user or research subject by or
pursuant to the lawful order of a practitioner, including the prescribing,
administering, packaging, labeling or compounding necessary to prepare the
substance for that delivery.
(j) ?Dispenser? means a
practitioner who dispenses.
(k) ?Distribute? means to
deliver, other than by administering or dispensing, a controlled substance, a
counterfeit substance or an imitation controlled substance.
(l) ?Distributor? means a
person who distributes.
(m) ?Drug? means: (1)
Substances recognized as drugs in the official ?United States Pharmacopoeia,
official Homeopathic Pharmacopoeia of the United States or official National
Formulary?, or any supplement to any of them; (2) substances intended for use
in the diagnosis, cure, mitigation, treatment or prevention of disease in man
or animals; (3) substances (other than food) intended to affect the structure
or any function of the body of man or animals; and (4) substances intended for
use as a component of any article specified in subdivision (1), (2) or (3) of
this subdivision. It does not include devices or their components, parts or
accessories.
(n) ?Fentanyl analog or
derivative? means any substance which has a chemical structure which is
substantially similar to the chemical structure of fentanyl, including any of
its salts, isomers, or salts of isomers, including any chemical compound or
mixture. For purposes of this chapter, the term ?fentanyl derivative or analog?
includes any fentanyl analog that is not otherwise scheduled in this chapter.
(n) (o) ?Immediate derivative? means a substance
which is the principal compound or any analogue of the parent compound
manufactured from a known controlled substance primarily for use and which has
equal or similar pharmacologic activity as the parent compound which is necessary
to prevent, curtail or limit manufacture.
(o) (p) ?Immediate precursor? means a substance
which is the principal compound commonly used or produced primarily for use and
which is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary to
prevent, curtail or limit manufacture.
(p) (q) ?Manufacture? means the production,
preparation, propagation, compounding, conversion or processing of a controlled
substance, either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its container, except
that this term does not include the preparation, compounding, packaging or
labeling of a controlled substance:
(1) By a practitioner as an
incident to his or her administering or dispensing of a controlled substance in
the course of his or her professional practice; or
(2) By a practitioner, or
by his or her authorized agent under his or her supervision, for the purpose
of, or as an incident to, research, teaching or chemical analysis and not for
sale.
(q) (r) ?Marijuana? means all parts of the plant ?Cannabis
sativa L.?, whether growing or not; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt, immediate
derivative, mixture or preparation of the plant, its seeds or resin. It does
not include the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, immediate derivative, mixture or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of
the plant which is incapable of germination.
(r) (s) ?Narcotic drug? means any of the
following, whether produced directly or indirectly by extraction from
substances of vegetable origin or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
(1) Opium and opiate and
any salt, compound, immediate derivative or preparation of opium or opiate.
(2) Any salt, compound,
isomer, immediate derivative or preparation thereof which is chemically
equivalent or identical with any of the substances referred to in paragraph (1)
of this subdivision, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy
straw.
(4) Coca leaves and any
salt, compound, immediate derivative or preparation of coca leaves and any
salt, compound, isomer, immediate derivative or preparation thereof which is
chemically equivalent or identical with any of these substances, but not
including decocainized coca leaves or extractions of coca leaves which do not
contain cocaine or ecgonine.
(s) (t) ?Opiate? means any substance having an
addiction-forming or addiction-sustaining liability similar to morphine or
being capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. It does not include, unless specifically
designated as controlled under section two hundred one, article two of this
chapter, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). It does not include its racemic and levorotatory forms.
(t) (u) ?Opium poppy? means the plant of the
species ?Papaver somniferum L.?, except its seeds.
(u) (v) ?Person? means individual, corporation,
government or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity.
(v) (w) ?Placebo? means an inert medicament or
preparation administered or dispensed for its psychological effect, to satisfy
a patient or research subject or to act as a control in experimental series.
(w) (x) ?Poppy straw? means all parts, except the
seeds, of the opium poppy after mowing.
(x) (y) ?Practitioner? means:
(1) A physician, dentist,
veterinarian, scientific investigator or other person licensed, registered or
otherwise permitted to distribute, dispense, conduct research with respect to,
or to administer a controlled substance in the course of professional practice
or research in this state.
(2) A pharmacy, hospital or
other institution licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to, or to administer a controlled
substance in the course of professional practice or research in this state.
(y) (z) ?Production? includes the manufacture,
planting, cultivation, growing or harvesting of a controlled substance.
(z) (aa) ?State?, when applied to a part of the
United States, includes any state, district, commonwealth, territory, insular
possession thereof and any area subject to the legal authority of the United
States of America.
(aa) (bb) ?Ultimate user? means a person who
lawfully possesses a controlled substance for his or her own use or for the use
of a member of his or her household or for administering to an animal owned by
him or her or by a member of his or her household.
ARTICLE 2. STANDARDS AND SCHEDULES.
?60A-2-204. Schedule I.
(a) Schedule I shall
consist of the drugs and other substances, by whatever official name, common or
usual name, chemical name, or brand name designated, listed in this section.
(b) Opiates. Unless
specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts and salts of
isomers, esters and ethers, whenever the existence of such isomers, esters,
ethers and salts is possible within the specific chemical designation (for
purposes of subdivision (34) of this subsection only, the term isomer includes
the optical and geometric isomers):
(1)
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl) -4-piperidinyl]?phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol (except levoalphacetylmethadol also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)
ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(?
propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)
ethyl- 4-piperidinyl]?phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4-
piperidinyl]-N-phenylpropanamide);
(12)
Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-
hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Fentanyl analog or
derivative, as that term is defined in article one of this chapter: Provided, That fentanyl and carfentanil
remains a Schedule II substance, as set forth in section two hundred six of this
article;
(29) (30) Furethidine;
(30) (31) Hydroxypethidine;
(31) (32) Ketobemidone;
(32) (33) Levomoramide;
(33) (34) Levophenacylmorphan;
(34) (35) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4- piperidyl]-N-phenylpropanamide);
(35) (36) 3-methylthiofentanyl
(N-[3-methyl-1-(2-thienyl) ethyl-4- piperidinyl]?phenylpropanamide);
(36) (37) Morpheridine;
(37) (38) MPPP
(1-methyl-4-phenyl-4-propionoxypiperidine);
(38) (39) Noracymethadol;
(39) (40) Norlevorphanol;
(40) (41) Normethadone;
(41) (42) Norpipanone;
(42) (43) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2- phenethyl)-4-piperidinyl] propanamide);
(43) (44)
PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) (45) Phenadoxone;
(45) (46) Phenampromide;
(46) (47) Phenomorphan;
(47) (48) Phenoperidine;
(48) (49) Piritramide;
(49) (50) Proheptazine;
(50) (51) Properidine;
(51) (52) Propiram;
(52) (53) Racemoramide;
(53) (54) Thiofentanyl (N-phenyl-N-[1-(2-thienyl) ethyl-4-
piperidinyl]-propanamide);
(54) (55) Tilidine;
(55) (56) Trimeperidine.
(c) Opium derivatives.
? Unless specifically excepted or unless listed in another schedule, any of the
following opium immediate derivatives, its salts, isomers and salts of isomers
whenever the existence of such salts, isomers and salts of isomers is possible
within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except HCl
Salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine
methylbromide;
(16) Morphine
methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(d) Hallucinogenic
substances. ? Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture or preparation, which contains any
quantity of the following hallucinogenic substances, or which contains any of
its salts, isomers and salts of isomers, whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation (for purposes of this subsection only, the term ?isomer? includes
the optical, position and geometric isomers):
(1) Alpha-ethyltryptamine;
some trade or other names: etryptamine; Monase;
alpha-ethy-1H-indole-3-ethanamine; 3-(2- aminobutyl) indole; alpha-ET; and AET;
(2) 4-bromo-2,
5-dimethoxy-amphetamine; some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo- 2,5-DMA;
(3)
4-Bromo-2,5-dimethoxyphenethylamine; some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha- desmethyl DOB; 2C-B,
Nexus;
(4)(A)
N-(2-Methoxybenzyl)-4-bromo-2, 5-dimethoxyphenethylamine. The substance has the
acronym 25B-NBOMe.
(B)
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25C-NBOMe).
(C)
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25I-NBOMe)
(5)
2,5-dimethoxyamphetamine; some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
(6)
2,5-dimethoxy-4-ethylamphet-amine; some trade or other names: DOET;
(7)
2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
(8) 4-methoxyamphetamine;
some trade or other names: 4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA;
(9) 5-methoxy-3,
4-methylenedioxy-amphetamine;
(10)
4-methyl-2,5-dimethoxy-amphetamine; some trade and other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; ?DOM?; and ?STP?;
(11) 3,4-methylenedioxy
amphetamine;
(12)
3,4-methylenedioxymethamphetamine (MDMA);
(13)
3,4-methylenedioxy-N-ethylamphetamine (also known as ? ethyl-alpha-methyl-3,4
(methylenedioxy) phenethylamine, N-ethyl MDA, MDE, MDEA);
(14)
N-hydroxy-3,4-methylenedioxyamphetamine (also known as ? hydroxy-alpha-methyl-3,4
(methylenedioxy) phenethylamine, and ? hydroxy MDA);
(15) 3,4,5-trimethoxy
amphetamine;
(15) (16) 5-methoxy-N,
N-dimethyltryptamine (5-MeO-DMT);
(17) Alpha-methyltryptamine
(other name: AMT);
(18) Bufotenine; some trade
and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;3-(2-dimethylaminoethyl)
-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N- dimethyltryptamine; mappine;
(19) Diethyltryptamine;
sometrade and other names: N, N-Diethyltryptamine; DET;
(20) Dimethyltryptamine;
some trade or other names: DMT;
(21) 5-Methoxy-N,
N-diisopropyltryptamine (5-MeO-DIPT);
(22) Ibogaine; some trade
and other names: 7-Ethyl-6, 6 Beta, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
9-methano-5H- pyrido [1?, 2?: 1, 2] azepino [5,4-b] indole; Tabernanthe iboga;
(23) Lysergic acid
diethylamide;
(24) Marijuana;
(25) Mescaline;
(26) Parahexyl-7374; some
trade or other names: 3-Hexyl -1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl;
(27) Peyote; meaning all
parts of the plant presently classified botanically as Lophophora williamsii
Lemaire, whether growing or not, the seeds thereof, any extract from any part
of such plant, and every compound, manufacture, salts, immediate derivative, mixture
or preparation of such plant, its seeds or extracts;
(28) N-ethyl-3-piperidyl
benzilate;
(29) N-methyl-3-piperidyl
benzilate;
(30) Psilocybin;
(31) Psilocyn;
(32) Tetrahydrocannabinols;
synthetic equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, sp. and/or synthetic substances, immediate
derivatives and their isomers with similar chemical structure and
pharmacological activity such as the following:
delta-1 Cis or trans
tetrahydrocannabinol, and their optical isomers;
delta-6 Cis or trans
tetrahydrocannabinol, and their optical isomers;
delta-3,4 Cis or trans
tetrahydrocannabinol, and its optical isomers;
(Since nomenclature of
these substances is not internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions covered).
(33) Ethylamine analog of
phencyclidine; some trade or other names: N-ethyl-1-phenylcyclohexylamine,
(1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
cyclohexamine, PCE;
(34) Pyrrolidine analog of
phencyclidine; some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine,
PCPy, PHP;
(35) Thiophene analog of
phencyclidine; some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine;
TPCP, TCP;
(36)
1[1-(2-thienyl)cyclohexyl]pyrroldine; some other names: TCPy.
(37) 4-methylmethcathinone
(Mephedrone);
(38)
3,4-methylenedioxypyrovalerone (MDPV);
(39)
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(40)
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
(41)
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
(42)
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
(43)
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2)
(44)
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)
(45)
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)
(46)
2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N)
(47) 2-(2,5-Dimethoxy-
4-(n)-propylphenyl)ethanamine
(2C-P)
(48)
3,4-Methylenedioxy-N-methylcathinone (Methylone)
(49)
(2,5-dimethoxy-4-(n)-propyltghiophenethylamine (2C-T-7, itsoptical isomers,
salts and salts of isomers
(50) 5-methoxy-N,
N-dimethyltryptamine some trade or other names:
5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT(5-MeO-DMT)
(51) Alpha-methyltryptamine
(other name: AMT)
(52) 5-methoxy-N,
N-diisopropyltryptamine (other name: 5-MeO-DIPT)
(53) Synthetic Cannabinoids
as follows:
(A)
2-[(1R,3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2-yl) phenol) {also known as
CP 47,497 and homologues};
(B)
rel-2-[(1S,3R)-3-hydroxycyclohexyl] -5-(2-methylnonan-2-yl) phenol {also known
as CP 47,497-C8 homolog};
(C) [(6aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tetrahydrobenzo[c]chromen-1-ol)]
{also known as HU-210};
(D) (dexanabinol);
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo
l[c]chromen-1-ol) {also
known as HU-211};
(E)
1-Pentyl-3-(1-naphthoyl) indole {also known as JWH-018};
(F) 1-Butyl-3-(1-naphthoyl)
indole {also known as JWH-073};
(G) (2-methyl-1-propyl-1H-indol-3-yl)-1-napthalenyl-methanone
{also known as JWH-015};
(H)
(1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone {also known as JWH-019};
(I) [1-[2-(4-morpholinyl)
ethyl] -1H-indol-3-yl]-1-naphthalenyl-methanone {also known as JWH-200};
(J)
1-(1-pentyl-1H-indol-3-yl)-2-(3-hydroxyphenyl)-ethanone {also known as
JWH-250};
(K)
2-((1S,2S,5S)-5-hydroxy-2- (3-hydroxtpropyl)cyclohexyl)
-5-(2-methyloctan-2-yl)phenol {also known as CP 55,940};
(L)
(4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as
JWH-
122};
(M)
(4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as
JWH-
398;
(N)
(4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone {also known as RCS-4};
(O)
1-(1-(2-cyclohexylethyl) -1H-indol-3-yl) -2-(2-methoxyphenyl) ethanone {also
known as RCS-8};
(P)
1-pentyl-3-[1-(4-methoxynaphthoyl) indole (JWH-081);
(Q)
1-(5-fluoropentyl)-3-(1-naphthoyl) indole (AM2201); and
(R)
1-(5-fluoropentyl)-3-(2-iodobenzoyl) indole (AM694).
(54) Synthetic cannabinoids
or any material, compound, mixture or preparation which contains any quantity
of the following substances, including their analogues, congeners, homologues,
isomers, salts and salts of analogues, congeners, homologues and isomers, as
follows:
(A) CP 47,497 AND homologues,
2-[(1R,3S)-3-Hydroxycyclohexyl]-5-(2-methyloctan-2-
YL) phenol);
(B) HU-210,
[(6AR,10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-Methyloctan-2-YL)-6A,7,10,
10A-tetrahydrobenzo[C] chromen-1-OL)];
(C) HU-211, (dexanabinol,
(6AS,10AS)-9-(hydroxymethyl)-6,6-Dimethyl-3-(2-methyloctan-2-YL)-6A,7,10,10atetrahydrobenzo
[ C] chromen-1-OL);
(D) JWH-018,
1-pentyl-3-(1-naphthoyl) indole;
(E) JWH-019,
1-hexyl-3-(1-naphthoyl) indole;
(F) JWH-073,
1-butyl-3-(1-naphthoyl) indole;
(G) JWH-200,
(1-(2-morpholin-4-ylethyl) indol-3-yl)- Naphthalen-1-ylmethanone;
(H) JWH-250,
1-pentyl-3-(2-methoxyphenylacetyl) indole.
(55) Synthetic cannabinoids
including any material, compound, mixture or preparation that is not listed as
a controlled substance in Schedule I through V, is not a federal Food and Drug
Administration approved drug or used within legitimate and approved medical
research and which contains any quantity of the following substances, their
salts, isomers, whether optical positional or geometric, analogues, homologues
and salts of isomers, analogues and homologues, unless specifically exempted,
whenever the existence of these salts, isomers, analogues, homologues and salts
of isomers, analogues and homologues if possible within the specific chemical
designation:
(A) Tetrahydrocannabinols
meaning tetrahydrocannabinols which are naturally contained in a plant of the
genus cannabis as well as synthetic equivalents of the substances contained in
the plant or in the resinous extractives of cannabis or synthetic substances,
derivatives and their isomers with analogous chemical structure and or
pharmacological activity such as the following:
(i) DELTA-1 CIS OR trans
tetrahydrocannabinol and their Optical isomers.
(ii) DELTA-6 CIS OR trans tetrahydrocannabinol
and their Optical isomers.
(iii) DELTA-3,4 CIS OR
their trans tetrahydrocannabinol and their optical isomers.
(B) Naphthoyl indoles or
any compound containing a 3-(-1- Napthoyl) indole structure with substitution
at the nitrogen atom of the indole ring whether or not further substituted in
the indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. This shall include the following:
(i) JWH 015;
(ii) JWH 018;
(iii) JWH 019;
(iv) JWH 073;
(v) JWH 081;
(vi) JWH 122;
(vii) JWH 200;
(viii) JWH 210;
(ix) JWH 398;
(x) AM 2201;
(xi) WIN 55,212.
(56) Synthetic
Phenethylamines (including their optical, positional, and geometric isomers,
salts and salts of isomers, whenever the existence of such salts, isomers, and
salts of isomers):
(A) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
(25I-NBOMe/ 2C-I-NBOMe);
(B)
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
(25C-NBOMe/2C-C-NBOMe);
(C)
2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe/
2C-B-NBOMe);
(57) Synthetic Opioids
(including their isomers, esters, ethers, salts and salts of isomers, esters
and ethers):
(A)
N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
(B) furanyl fentanyl;
(C)
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also known as
U-47700);
(D)
N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known as
N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl fentanyl);
(E)
N-[1-[2-hydroxy-2-(thiophen-2-yl)ethylpiperidin-4-yl]-N-phenylpropionamide,
also known as
N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide,
(beta-hydroxythiofentanyl).
(58) Opioid Receptor
Agonist (including its isomers, esters, ethers, salts, and salts of isomers,
esters and ethers):
(A) AH-7921 (3,4-dichloro-N-
(1dimethylamino)cyclohexylmethyl]benzamide).
(56) (59) Naphylmethylindoles or any compound
containing a 1hindol-3-yl-(1-naphthyl) methane structure with a substitution at
the nitrogen atom of the indole ring whether or not further substituted in the
indole ring to any extent and whether or not substituted in the naphthyl ring
to any extent. This shall include, but not be limited to, JWH 175 and JWH 184.
(57) (60) Naphthoylpyrroles or any compound
containing a 3-(1- Naphthoyl) pyrrole structure with substitution at the
nitrogen atom of the pyrrole ring whether or not further substituted in the
pyrrole ring to any extent and whether or not substituted in the naphthyl ring
to any extent. This shall include, but not be limited to, JWH 147 and JWH 307.
(58) (61) Naphthylmethylindenes or any compound
containing a Naphthylideneindene structure with substitution at the 3- Position
of the indene ring whether or not further substituted in the indene ring to any
extent and whether or not substituted in the naphthyl ring to any extent. This
shall include, but not be limited to, JWH 176.
(59) (62) Phenylacetylindoles or any compound
containing a 3- Phenylacetylindole structure with substitution at the nitrogen
atom of the indole ring whether or not further substituted in the indole ring
to any extent and whether or not substituted in the phenyl ring to any extent.
This shall include the following:
(A) RCS-8, SR-18 OR BTM-8;
(B) JWH 250;
(C) JWH 203;
(D) JWH 251;
(E) JWH 302.
(60) (63) Cyclohexylphenols or any compound
containing a 2-(3- hydroxycyclohexyl) phenol structure with a substitution at
the 5-position of the phenolic ring whether or not substituted in the
cyclohexyl ring to any extent. This shall include the following:
(A) CP 47,497 and its
homologues and analogs;
(B) Cannabicyclohexanol;
(C) CP 55,940.
(61) (64) Benzoylindoles or any compound containing
a 3-(benzoyl) indole structure with substitution at the nitrogren atom of the
indole ring whether or not further substituted in the indole ring to any extent
and whether or not substituted in the phenyl ring to any extent. This shall
include the following:
(A) AM 694;
(B) Pravadoline WIN 48,098;
(C) RCS 4;
(D) AM 679.
(62) (65) [2,3-dihydro-5
methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-DE]-1, 4-benzoxazin-6-YL]-1-napthalenymethanone.
This shall include WIN 55,212-2.
(63) (66) Dibenzopyrans or any compound containing
a 11-hydroxydelta 8-tetrahydrocannabinol structure with substitution on the
3-pentyl group. This shall include HU-210, HU-211, JWH 051 and JWH 133.
(64) (67) Adamantoylindoles or any compound
containing a 3-(-1- Adamantoyl) indole structure with substitution at the
nitrogen atom of the indole ring whether or not further substituted in the
adamantoyl ring system to any extent. This shall include AM1248.
(65) (68) Tetramethylcyclopropylindoles or any
compound containing A 3-tetramethylcyclopropylindole structure with
substitution at the nitrogen atom of the indole ring whether or not further
substituted in the indole ring to any extent and whether or not substituted in
the tetramethylcyclopropyl ring to any extent. This shall include UR-144 and
XLR-11.
(66) (69)
N-(1-Adamantyl)-1-pentyl-1h-indazole-3-carboxamide. This shall include AKB48.
(67) (70) Any other synthetic chemical compound
that is a Cannabinoid receptor type 1 agonist as demonstrated by binding
studies and functional assays that is not listed in Schedules II, III, IV and
V, not federal Food and Drug Administration approved drug or used within
legitimate, approved medical research. Since nomenclature of these substances
is not internationally standardized, any immediate precursor or immediate
derivative of these substances shall be covered.
(68) (71) Tryptamines:
(A) 5- methoxy- N-
methyl-N-isopropyltryptamine (5-MeO-MiPT)
(B) 4-hydroxy-N,
N-diisopropyltryptamine (4-HO-DiPT)
(C)
4-hydroxy-N-methyl-N-isopropyltryptamine (4-HO-MiPT)
(D)
4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET)
(E) 4-acetoxy-N,
N-diisopropyltryptamine (4-AcO-DiPT)
(F)
5-methoxy-α-methyltryptamine (5-MeO-AMT)
(G) 4-methoxy-N,
N-Dimethyltryptamine (4-MeO-DMT)
(H) 4-hydroxy
Diethyltryptamine (4-HO-DET)
(I) 5- methoxy- N, N-
diallyltryptamine (5-MeO-DALT)
(J) 4-acetoxy-N,
N-Dimethyltryptamine (4-AcO DMT)
(K) 4-hydroxy
Diethyltryptamine (4-HO-DET)
(72) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide
(AB-CHMINACA);
(73)
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide
(AB-PINACA);
(74)
[1-(5-fluoropentyl)-1H-indazol-3-yl (naphthalen-1-yl)methanone (THJ-2201);
(75) quinolin-8-yl
1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC);
(76) quinolin-8-yl
1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22);
(77) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide
(AB-FUBINACA);
(78) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide
(ADB-PINACA); and
(79) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide
(common names, MAB-CHMINACA and ADB-CHMINACA);
(e) Depressants. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system,
including its salts, isomers and salts of isomers whenever the existence of
such salts, isomers and salts of isomers is possible within the specific
chemical designation:
(1) Mecloqualone;
(2) Methaqualone.
(f) Stimulants. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system,
including its salts, isomers and salts of isomers:
(1) Aminorex; some other
names: aminoxaphen; 2-amino-5- phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine;
(2) Cathinone; some trade
or other names: 2-amino-1-phenyl-1- propanone, alpha-aminopropiophenone,
2-aminopropiophenone and norephedrone;
(3) Fenethylline;
(4) Methcathinone, its
immediate precursors and immediate derivatives, its salts, optical isomers and
salts of optical isomers; some other names: (2-(methylamino)-propiophenone;
alpha-
(methylamino)propiophenone;
2-(methylamino)-1-phenylpropan-1- one; alpha?-methylaminopropiophenone;
monomethylpropion; 3,4-methylenedioxypyrovalerone and/or
mephedrone;3,4-methylenedioxypyrovalerone (MPVD); ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL- 463 and UR1432;
(5) (+-)
cis-4-methylaminorex; ((+-) cis-4,5-dihydro-4-methyl- 5-phenyl-2-oxazolamine);
(6) N-ethylamphetamine;
(7)
N,N-dimethylamphetemine; also known as N,N-alpha- trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine.
(8)
Alpha-pyrrolidinopentiophenone, also known as alpha-PVP, optical isomers, salts
and salts of isomers.
(9) Substituted
amphetamines:
(A) 2-Fluoroamphetamine
(B) 3-Fluoroamphetamine
(C) 4-Fluoroamphetamine
(D) 2-chloroamphetamine
(E) 3-chloroamphetamine
(F) 4-chloroamphetamine
(G) 2-Fluoromethamphetamine
(H) 3-Fluoromethamphetamine
(I) 4-Fluoromethamphetamine
(J) 4-chloromethamphetamine
(10)
4-methyl-N-ethylcathinone (4-MEC);
(11)
4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(12)
1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
(13) 2-(methylamino)-1-phenylpentan-1-one
(pentedrone);
(14)
1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
(15)
4-fluoro-N-methylcathinone (4-FMC);
(16)
3-fluoro-N-methylcathinone (3-FMC);
(17)
1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone); and
(18)
Alpha-pyrrolidinobutiophenone (α-PBP).
(g) Temporary listing of
substances subject to emergency scheduling. Any material, compound, mixture or
preparation which contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts, and salts of isomers.
(2) N-[1-(2-thienyl) methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts and salts of isomers.
(3) N-benzylpiperazine,
also known as BZP.
(h) The following
controlled substances are included in Schedule I:
(1) Synthetic Cathinones or
any compound, except bupropion or compounds listed under a different schedule,
or compounds used within legitimate and approved medical research, structurally
derived from 2- Aminopropan-1-one by substitution at the 1-position with
Monocyclic or fused polycyclic ring systems, whether or not the compound is
further modified in any of the following ways:
(A) By substitution in the
ring system to any extent with Alkyl, alkylenedioxy, alkoxy, haloalkyl,
hydroxyl or halide Substituents whether or not further substituted in the ring
system by one or more other univalent substituents.
(B) By substitution at the
3-Position with an acyclic alkyl substituent.
(C) By substitution at the
2-amino nitrogen atom with alkyl, dialkyl, benzyl or methoxybenzyl groups.
(D) By inclusion of the
2-amino nitrogen atom in a cyclic structure.
(2) Any other synthetic
chemical compound that is a Cannabinoid receptor type 1 agonist as demonstrated
by binding studies and functional assays that is not listed in Schedules II,
III, IV and V, not federal Food and Drug Administration approved drug or used
within legitimate, approved medical research.
ARTICLE 4. OFFENSES AND PENALTIES.
?60A-4-414. Unlawful manufacture, delivery, transport into state, or possession of fentanyl.
(a) For purposes of this section,
(1) ?Controlled substance? shall have the same meaning
as provided in subsection (e), section one hundred one, article one of this
chapter.
(2) ?Fentanyl? refers to the substance identified in
subdivision (9), subsection (c), section two hundred six, article two of this
chapter, and any analog or derivative thereof.
(b) Any person who violates the provisions of
subsection (a), section four hundred one of this article or section four
hundred nine of this article in which fentanyl is a controlled substance
involved in the offense, either alone or in combination with another controlled
substance, shall be guilty of a felony, and upon conviction thereof, shall be
punished in accordance with the following:
(1) If the net weight of fentanyl involved in the
offense is less than one gram, such person shall be imprisoned in a
correctional facility not less than two nor more than ten years.
(2) If the net weight of fentanyl involved in the
offense is one gram or more but less than five grams, such person shall be
imprisoned in a correctional facility not less than three nor more than fifteen
years.
(3) If the net weight of fentanyl involved in the offense is five grams or more, such person shall be imprisoned in a correctional facility not less than four nor more than twenty years.;
And,
That both houses recede from their respective positions as to the title
of the bill and agree to a new title to read as follows:
Eng. Com. Sub. for House Bill
2329?A Bill to amend and
reenact ?60A-1-101 of the Code of West Virginia, 1931, as amended; to amend and
reenact ?60A-2-204 of said code; and to amend said code by adding thereto a new
section, designated ?60A-4-414, all relating to prohibiting the unlawful
production, manufacture or possession of fentanyl and fentanyl analogs and
derivatives; defining a fentanyl analog or derivative; classifying a fentanyl
analog or derivative as a Schedule I drug; classifying additional drugs to
Schedules I of uniform controlled substances act; creating a felony offense and
imposing criminal penalties for the unlawful manufacture, delivery, possession
with intent to manufacture or deliver, and transport into state of fentanyl;
defining terms; establishing increased penalties for manufacturing, delivering,
possessing with intent to manufacture or deliver, and transporting into state
with intent to deliver or manufacture in which fentanyl is a controlled substance
involved in the offense; and providing for penalties based upon weight.
Respectfully submitted,
??????????? Kelli Sobonya, Chair, Ray Hollen, Rodney Miller, Conferees on the part of the House of Delegates.
??????????? Ryan W. Weld, Chair, Mark R. Maynard, Glenn D. Jeffries, Conferees on the part of the Senate.
Senator
Thereafter, on motion of Senator
Engrossed
On the passage of the bill, as amended, the yeas were: Azinger, Beach,
Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries,
Karnes, Mann, Maroney, Maynard, Miller, 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: Mullins?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.
??????????? At the request of Senator Sypolt,
and by unanimous consent, the Senate returned to the second order of business
and the introduction of guests.
On motion of Senator Ferns, the special order of business set for this
position on the calendar (consideration
of executive nominations) was postponed and made a special order of
business for tomorrow, Sunday, April 9, 2017, at 6 p.m.
??????????? The Senate again proceeded to the
third order of business.
A message from The Clerk of the House of Delegates announced the
adoption by that body of the committee of conference report, passage as amended
by the conference report with its conference amended title, and requested the concurrence
of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill
2579, Increasing the
penalties for transporting controlled substances.
Whereupon, Senator Weld, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Com. Sub. for House Bill
2579, Increasing the
penalties for transporting controlled substances.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
That both houses recede from their respective positions as to the
amendment of the Senate striking out everything following the enacting clause
and inserting new language, and agree to the same as follows:
That ?60A-4-409 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
??60A-4-409. Prohibited acts ? Transportation
of controlled substances into state; penalties.
(a)
Except as otherwise authorized by the provisions of this code, it shall be
is unlawful for any person to transport or cause to be transported
into this state a controlled substance with the intent to deliver the same or
with the intent to manufacture a controlled substance.
(b)
Any person who violates this section with respect to:
(1)
A controlled substance classified in Schedule I or II, which is a narcotic
drug, shall be guilty of a felony and, upon conviction, may be imprisoned in
the state correctional facility for not less than one year nor more than
fifteen years, or fined not more than $25,000, or both;
(2)
Any other controlled substance classified in Schedule I, II or III shall be
guilty of a felony and, upon conviction, may be imprisoned in the state
correctional facility for not less than one year nor more than five ten
years, or fined not more than $15,000, or both: Provided, That for the substance marihuana, as scheduled in
subdivision (24) subsection (d), section two hundred four, article two of this
chapter, the penalty, upon conviction of a violation of this subsection, shall
be that set forth in subdivision (3) of this subsection.
(3)
A substance classified in Schedule IV shall be guilty of a felony and, upon
conviction, may be imprisoned in the state correctional facility for not less
than one year nor more than three five years, or fined not more
than $10,000, or both;
(4)
A substance classified in Schedule V shall be guilty of a misdemeanor and, upon
conviction, may be confined in jail for not less than six months nor more than
one year, or fined not more than $5,000, or both: Provided, That for
offenses relating to any substance classified as Schedule V in article ten of
this chapter, the penalties established in said article apply.
(c)
Notwithstanding the provisions of subsection (b) of this section, any person violating
or causing a violation of subsection (a) of this section involving one kilogram or more of heroin, five kilograms or more
of cocaine or cocaine base, one hundred grams or more of phencyclidine, ten
grams or more of lysergic acid diethylamide, or fifty grams or more of
methamphetamine or five hundred grams of a substance or material containing a
measurable amount of methamphetamine, is guilty of a felony and, upon
conviction thereof, shall be imprisoned in a state correctional facility for a
determinate sentence of not less than two nor more than thirty years.
(d) Notwithstanding the provisions of subsection (b) of
this section, any person violating or causing a violation of subsection (a) of
this section involving one hundred but fewer than 1000 grams of heroin, not
less than five hundred but fewer than 5,000 grams of cocaine or cocaine base,
not less than ten but fewer than ninety-nine grams of phencyclidine, not less
than one but fewer than ten grams of lysergic acid diethylamide, or not less
than five but fewer than fifty grams of methamphetamine or not less than fifty
grams but fewer than five hundred grams of a substance or material containing a
measurable amount of methamphetamine, is guilty of a felony and, upon
conviction thereof, shall be imprisoned in a state correctional facility for a
determinate sentence of not less than two nor more than twenty years.
(e)
Notwithstanding the provisions of
subsection (b) of this section, any person violating or attempting to violate
the provisions of subsection (a) of this section involving not less than ten
grams nor more than one hundred grams of heroin, not less than fifty grams nor
more than five hundred grams of cocaine or cocaine base, not less than two
grams nor more than ten grams of phencyclidine, not less than two hundred
micrograms nor more than one gram of lysergic acid diethylamide, or not less
than four hundred ninety nine milligrams nor more than five grams of
methamphetamine or not less than twenty grams nor more than fifty grams of a substance
or material containing a measurable amount of methamphetamine is guilty of a
felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility for a determinate sentence of not less than two nor more
than fifteen years.
(c)(f)
The offense established by this section shall be in addition to and a separate
and distinct offense from any other offense set forth in this code.;
And,
That both houses recede from their respective positions as to the title
of the bill and agree to a new title to read as follows:
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; providing for a differing
penalty for an offense involving marihuana; and creating enhanced criminal
penalties for transporting certain controlled substances into the state based
on quantity.
Respectfully submitted,
??????????? Kelli Sobonya, Chair, Ray Hollen, Rodney Miller, Conferees on the part of the House of Delegates.
??????????? Ryan W. Weld, Chair, Mark R. Maynard, Glenn D. Jeffries, Conferees on the part of the Senate.
On motions of Senator
Engrossed
On the passage of the bill, as amended, the yeas were: Azinger, Beach,
Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries,
Karnes, Mann, Maroney, Maynard, Miller, 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: Mullins?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.
A message from The Clerk of the House of Delegates announced the
adoption by that body of the committee of conference report, passage as amended
by the conference report, and requested the concurrence of the Senate in the
adoption thereof, as to
Eng. Com. Sub. for House Bill
2585, Creating felony crime
of conducting financial transactions involving proceeds of criminal activity.
Whereupon, Senator Weld, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Com. Sub. for House Bill
2585, Creating felony crime
of conducting financial transactions involving proceeds of criminal activity.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
That the House agree to the amendment of the Senate to the bill striking
out everything after the enacting clause, and that both houses agree to the
following amendments to the Senate amendment, as follows:
On page three, section two, line fifteen, by striking out the phrase ?a
determinate term of?;
On page four, section two, line twenty-one, by striking out the phrase ?a
determinate term of?;
And,
The House agrees to the Senate title.
Respectfully submitted,
Kelli Sobonya, Chair, Ray
Hollen, Rodney Miller, Conferees on the
part of the House of Delegates.
Ryan W. Weld, Chair, Mark R.
Maynard, Glenn D. Jeffries, Conferees on
the part of the Senate.
Senator
Thereafter, on motion of Senator
Engrossed
On the passage of the bill, as amended, 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.
The Senate again proceeded to the fifth order of business.
Senator Weld, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Senate Bill 554, Relating to false swearing in legislative
proceeding.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
??????????? That the House of Delegates recedes
from its amendments to the bill.
Respectfully submitted,
Ryan W. Weld, Chair, Charles
H. Clements, Robert D. Beach, Conferees
on the part of the Senate.
Moore Capito, Chair, Charlotte
R. Lane, Barbara Evans Fleischauer, Conferees
on the part of the House of Delegates.
On motions of Senator
Engrossed
On the passage of the bill, as amended, 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.
Senator Swope, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill
224, Repealing requirement
for employer?s bond for wages and benefits.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
That both houses recede from their respective positions as to the
amendment of the Senate, striking everything after the enacting clause, and
agree to the same as follows:
That ?21-5-14 and ?21-5-15 of the Code of
West Virginia, 1931, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
?21-5-14. Employer?s bond for wages and benefits.
(a) Bond required. ? With the exception of those who have been
doing business in this state actively and actually engaged in construction
work, or the severance, production or transportation of minerals for at least five
consecutive years one year next preceding the posting of the bond
required by this section, every employer, person, firm or corporation engaged
in or about to engage in construction work, or the severance, production or
transportation (excluding railroads and water transporters) of minerals, shall,
prior to engaging in any construction work, or the severance, production or
transportation of minerals, furnish a bond on a form prescribed by the
commissioner, payable to the State of West Virginia, with the condition that
the person, firm or corporation pay the wages and fringe benefits of his or
her or its employees when due. The amount of the bond shall be equal to the
total of the employer?s gross payroll for four weeks at full capacity or
production, plus fifteen percent of the said total of employer?s gross payroll
for four weeks at full capacity or production. The amount of the bond shall
increase or decrease as the employer?s payroll increases or decreases: Provided,
That the amount of the bond shall not be decreased, except with the commissioner?s
approval and determination that there are not outstanding claims against the
bond: Provided, however, That if
the employer, person, firm or corporation meets one of the following, then such
employer, person, firm or corporation shall be exempt from the requirements of
this subsection:
(1) Has been in business in another state for at least five years;
(2) Has at least $100,000 in assets; or
(3) Is a subsidiary of a parent company that has been in business
for at least five years.
(b) Waiver. ? The commissioner shall waive the posting of any bond
required by subsection (a) of this section upon his or her determination
that an employer is of sufficient financial responsibility to pay wages and
fringe benefits. The commissioner shall promulgate rules and regulations
according to the provisions of chapter twenty-nine-a of this code which
prescribe standards for the granting of such waivers.
(c) Form of bond; filing in office of circuit clerk. ? The bond
may include, with the approval of the commissioner, surety bonding, collateral
bonding (including cash and securities), letters of credit, establishment of an
escrow account or a combination of these methods. The commissioner shall accept
an irrevocable letter of credit in lieu of any other bonding requirement. If
collateral bonding is used, the employer may deposit cash, or collateral
securities or certificates as follows: Bonds of the United States or its
possessions, or of the federal land bank, or of the homeowner?s loan
corporation; full faith and credit general obligation bonds of the State of
West Virginia or other states, and of any county, district or municipality of
the State of West Virginia or other states; or certificates of deposit in a
bank in this state, which certificates shall be in favor of the state. The cash
deposit or market value of such securities or certificates shall be equal to or
greater than the sum of the bond. The commissioner shall, upon receipt of any
such deposit of cash, securities or certificates, promptly place the same with
the State Treasurer whose duty it shall be to receive and hold the same in the
name of the state in trust for the purpose for which such deposit is made. The
employer making the deposit shall be entitled from time to time to receive from
the State Treasurer, upon the written approval of the commissioner, the whole
or any portion of any cash, securities or certificates so deposited, upon
depositing with him or her in lieu thereof, cash or other securities or
certificates of the classes herein specified having value equal to or greater
than the sum of the bond. The commissioner shall cause a copy of the bond to be
filed in the office of the clerk of the county commission of the county wherein
the person, firm or corporation is doing business to be available for public
inspection.
(d) Employee cause of action. ? Notwithstanding any other
provision in this article, any employee, whose wages and fringe benefits are
secured by the bond, as specified in subsection (c) of this section, has a
direct cause of action against the bond for wages and fringe benefits that are
due and unpaid.
(e) Action of commissioner. ? Any employee having wages and fringe
benefits unpaid may inform the commissioner of the claim for unpaid wages and
fringe benefits and request certification thereof. If the commissioner, upon
notice to the employer and investigation, finds that such wages and fringe
benefits or a portion thereof are unpaid, he or she shall make demand of
such employer for the payment of such wages and fringe benefits. If payment for
such wages and fringe benefits is not forthcoming within the time specified by
the commissioner, not to exceed thirty days, the commissioner shall certify
such claim or portion thereof, and forward the certification to the bonding
company or the State Treasurer, who shall provide payment to the affected
employee within fourteen days of receipt of such certification. The bonding
company, or any person, firm or corporation posting a bond, thereafter shall
have the right to proceed against a defaulting employer for that part of the
claim the employee paid. The procedure specified herein shall not be construed
to preclude other actions by the commissioner or employee to seek enforcement
of the provisions of this article by any civil proceedings for the payment of
wages and fringe benefits or by criminal proceedings as may be determined
appropriate.
(f) Posting and reporting by employer. ? With the exception of
those exempt under subsection (a) of this section, any employer who is engaged
in construction work or the severance, production or transportation (excluding
railroad and water transporters) of minerals shall post the following in a
place accessible to his or her or its employees:
(1) A copy of the bond or other evidence of surety specifying the
number of employees covered as provided under subsection (a) of this section,
or notification that the posting of a bond has been waived by the commissioner;
and
(2) A copy of the notice in the form prescribed by the
commissioner regarding the duties of employers under this section. During the
first two years year that any person, firm or corporation is
doing business in this state in construction work, or in the severance,
production or transportation of minerals, such person, firm or corporation
shall on or before February 1, May, August and November of each calendar year
file with the department a verified statement of the number of employees, or a
copy of the quarterly report filed with the Bureau of Employment Programs
showing the accurate number of employees, unless the commissioner waives the
filing of the report upon his or her determination that the person, firm
or corporation is of sufficient stability that the reporting is unnecessary.
(g) Termination of bond. ? The bond may be terminated, with the
approval of the commissioner, after an employer submits a statement, under oath
or affirmation lawfully administered, to the commissioner that the following
has occurred: The employer has ceased doing business and all wages and fringe
benefits have been paid, or the employer has been doing business in this state
for at least five consecutive years one year and has paid all
wages and fringe benefits. The approval of the commissioner will be granted
only after the commissioner has determined that the wages and fringe benefits
of all employees have been paid. The bond may also be terminated upon a
determination by the commissioner that an employer is of sufficient financial
responsibility to pay wages and fringe benefits.
?21-5-15.
Violations; cease and desist orders and appeals therefrom; criminal penalties.
(a)
Any person, firm or corporation who knowingly and willfully fails to provide
and maintain an adequate bond as required by section fourteen of this article
is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not
less than $200 nor more than $5,000, or imprisoned in the county jail not more
than one month, or both fined and imprisoned.
(b)
Any person, firm or corporation who knowingly, willfully and fraudulently
disposes of or relocates assets with intent to deprive employees of their wages
and fringe benefits is guilty of a felony and, upon conviction thereof, shall
be fined not less than $5,000 nor more than $30,000 $60,000, or
imprisoned in the penitentiary state correctional facility not
less than one nor more than three years, or both fined and imprisoned.
(c)
(1) At any time the commissioner determines that a person, firm or corporation
has not provided or maintained an adequate bond, as required by section
fourteen of this article, the commissioner shall issue a cease and desist order
which is to be issued and posted requiring that said person, firm or
corporation either post an adequate bond or cease further operations in this
state within a period specified by the commissioner; which period shall be not
less than five nor more than fourteen days. The cease and desist order may be
issued by the commissioner at his or her own instance or at his or
her direction, with or without application to or the approval of any other
officer, agent, department or employee of the state or application to any court
for approval thereof. Any person, firm or corporation who continues to engage
in construction work or the severance, production or transportation of minerals
without an approved bond after such specified period shall be guilty of a
felony, and, upon conviction thereof, shall be fined not less than $5,000 nor
more than $30,000, or imprisoned in the penitentiary not less than one nor more
than three years, or both fined and imprisoned. Any cease and desist order
issued by the commissioner pursuant to this subsection may be directed by the
commissioner to the sheriff of the county wherein the business activity of
which the order is the subject, or to any officer or employee of the department,
commanding such sheriff, officer or employee to serve such order upon the
business in question within seventy-two hours and to make proper return
thereof.
(2)
Any other provision of law to the contrary notwithstanding, any person against
whom a cease and desist order has been directed shall be entitled to judicial
review thereof by filing a verified petition taking an appeal therefrom within
fifteen days from the date of service of such order. Such verified petition
shall be filed in the circuit court of the county wherein service of the order
was completed, at the option of the petitioner, or, in the circuit court of
Kanawha County, West Virginia. If the appeal is not perfected within such
fifteen day period, the cease and desist order shall be final and shall not
thereafter be subject to judicial review. No appeal shall be deemed to have
been perfected except upon the filing with the clerk of the circuit court of
the county wherein the appeal is taken, of a bond or other security to be
approved by the court, in an amount of not less than the amount of the bond
otherwise required to be posted under the provisions of section fourteen of
this article. The person so filing a petition of appeal shall cause a copy of
the petition and bond or other posted security to be served upon the
commissioner by certified mail, return receipt requested, within seven days
after the date upon which the petition for appeal is filed.
(d) Any person who threatens
any officer, agent or employee of the department or other person authorized to
assist the commissioner in the performance of his or her duties under
any provision of section fourteen of this article or of this section or who
shall interfere with or attempt to prevent any such officer, agent, employee or
other person in the performance of such duties shall be guilty of a felony,
and, upon conviction thereof, shall be fined in an amount of not less than
$1,000 nor more than $3,000 or imprisoned in the penitentiary not less than one
nor more than three years, or both such fine and imprisonment.;
And,
That both houses recede from
their respective positions as to the title of the bill and agree to the same as
follows:
Eng.
Com. Sub. for Senate Bill 224?A Bill to amend and reenact ?21-5-14 and ?21-5-15 of the Code of West Virginia,
1931, as amended, relating to the requirement of a bond for wages and benefits
for certain designated employers, persons, firms, or corporations generally;
lowering period of time for the requirement that certain designated employers,
persons, firms or corporations shall furnish a bond for wages and benefits to
at least one year; providing exemptions for employers, persons, firms, or
corporations who have been in business in another state for at least five
years, employers, persons, firms or corporations who have at least $100,000 in
assets or employers, persons, firms, or corporations who are a subsidiary of a
parent company that has been in business for at least five years; lowering
period of time in which a person, firm or corporation is required to file a
statement or copy with the Bureau of Employment Programs; lowering period of
time employer must have been doing business in order to terminate bond;
increasing the maximum criminal fine for any person, firm or corporation who
knowingly, willfully and fraudulently disposes of or relocates assets with the
intent to deprive employees of their wages and fringe benefits from $30,000 to
$60,000; and making corrections to current code.
Respectfully submitted,
??????????? Chandler Swope, Chair, Robert Karnes, Richard N. Ojeda II, Conferees on the part of the Senate.
??????????? Roger Hanshaw, Chair, Geoff Foster, Barbara Evans Fleischauer, Conferees on the part of the House of
Delegates.
On motions of Senator
Engrossed
On the passage of the bill, as amended, the yeas were: Azinger, Blair,
Boley, Boso, Clements, Cline, Ferns, Gaunch, Karnes, Maroney, Maynard, Mullins,
Plymale, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld and Carmichael (Mr.
President)?21.
The nays were: Beach, Facemire, Hall, Jeffries, Mann, Miller, Ojeda,
Palumbo, Prezioso, Romano, Stollings, Unger and Woelfel?13.
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.
Senator Boso, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill
204, Requiring persons
appointed to fill vacancy by Governor have same qualifications for vacated
office and receive same compensation and expenses.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
That both houses recede from their respective positions as to the
amendment of the House, striking out everything after the enacting clause, and
agree to the same as follows:
That ?5-1-22 of the Code of West Virginia, 1931, as amended, be amended
and reenacted to read as follows:
ARTICLE
1. THE GOVERNOR.
?5-1-22. Vacancies in offices filled by
appointment of Governor; Senate action; bond requirements; filling vacancies in
other appointive offices.
(a) In case of a
vacancy, during the recess of the Senate, in any office, which vacancy the
Governor is authorized to fill by and with the advice and consent of the
Senate, the Governor shall, by appointment within ninety days, fill such
vacancy until the next meeting of the Senate, when the Governor shall submit to
the Senate a nomination to fill such vacancy and, upon confirmation of such
nomination by the Senate, by a vote of a majority of all the members elected to
the Senate, taken by yeas and nays, the person so nominated and confirmed shall
hold said office during the remainder of the term for which his or her
predecessor in office was appointed, and until his or her successor
shall be appointed and qualified. No person whose nomination for office has
been rejected by the Senate shall again be nominated for the same office during
the session in which his or her nomination was so rejected, unless at
the request of the Senate, nor shall he the person be appointed
to the same office during the recess of the Senate. No appointee who resigns
from any such office prior to confirmation, or whose name has not been
submitted for confirmation while the Senate is in session, shall be eligible,
during the recess of the Senate, to hold any office the nomination for which
must be confirmed by the Senate.
(b) Any person appointed to temporarily fill a vacancy shall possess the
qualifications required by law for that vacant position, and may only remain in
the vacated position for a maximum of ninety days.
(c) If an employee of a state agency is temporarily appointed to fill a
vacancy, the employee may fill such vacancy without resigning from the position
he or she ordinarily holds: Provided,
that the employee?s compensation shall be the greater of:
(1) The employee?s regular salary in his or her usual position; or
(2) The salary for the office the employee temporarily fills.
(d) If a vacancy is temporarily filled by a person not otherwise
employed by any agency of the State of West Virginia, then that person shall be
compensated at a rate no greater than that of the salary for the office that
person temporarily fills.
(e) The bond, if
any, required by law to be given by any officer so temporarily appointed by the
Governor, shall be in such penalty as is required by law of the incumbent of
such office.
(f) Any vacancy in
any other office filled by appointment, or in any office hereafter created to
be filled by appointment, shall be filled by the same person, court or body
authorized to make appointment to such office for the full term thereof.;
And,
That both houses recede from their respective positions as to the title
of the bill and agree to the same as follows:
Eng. Com. Sub. for Senate Bill
204?A Bill to amend and
reenact ?5-1-22 of the Code of West Virginia, 1931, as amended, relating to
filling vacancies in offices by appointment of the Governor; requiring certain
appointments be made within ninety days; authorizing temporary appointments;
and providing requirements for persons appointed temporarily to fill vacancies.
Respectfully submitted,
??????????? Gregory L. Boso, Chair, C. Edward Gaunch, Douglas E.
Facemire, Conferees on the part of the
Senate.
??????????? Roger Hanshaw, Chair, Mark Zatezalo, Phil Isner, Conferees on the part of the House of Delegates.
Senator
Thereafter, on motion of Senator
Engrossed
On the passage of the bill, as amended, the yeas were: Azinger, Blair,
Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney,
Maynard, Mullins, Ojeda, Palumbo, Plymale, Rucker, Smith, Swope, Sypolt,
Takubo, Trump, Weld, Woelfel and Carmichael (Mr. President)?26.
The nays were: Beach, Facemire, Jeffries, Miller, Prezioso, Romano,
Stollings and Unger?8.
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.
Senator Blair, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Senate Bill 172, Eliminating salary for Water Development
Authority board members.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
That both houses agree to the House amendment to the bill on page two,
section four;
That the Senate and House agree to an amendment on page two, section
four, line thirty-six, after the word ?board? by striking out the words ?in a
manner consistent with guidelines of the travel management office of the
Department of Administration.? and inserting in lieu thereof the following: in the following manner: Each board member who lives more than
fifty miles from the location where the meetings are held may receive the sum
of one hundred thirty-one dollars per day as per diem allowance for any day on
which such a meeting is held. Each board member who lives fifty miles or fewer
from the location where the meetings are held may receive the sum of fifty-five
dollars per day as the per diem allowance. In addition, each board member may
be reimbursed for overnight commuting expenses at the mileage rate equal to the
amount paid by the travel management office of the Department of Administration
for the most direct usually traveled route, if travel is by private automobile,
or for actual transportation costs for direct route travel, if travel is by
public carrier, or for any combination of the means of transportation actually
used, plus the costs of necessary taxi or limousine service, tolls and parking
fees in connection with the travel: Provided,
That the total of this per diem allowance plus travel expense for a daily
commuting board member may not exceed one hundred thirty-one dollars per day.
The amount for mileage paid pursuant to this subsection may change from time to
time in accordance with changes in the level of reimbursement by the travel
management office.;
And,
That both houses agree to a new title, to read as follows:
Eng. Senate Bill 172?A Bill to amend and reenact ?22C-1-4 of the
Code of West Virginia, 1931, as amended, relating to the Water Development
Authority; eliminating the salary for appointed board members effective July 1,
2017; authorizing appointed board members receive same compensation for
attending official meetings or engaging in official duties at rate not to
exceed amount paid to members of Legislature for interim duties as recommended
by Citizens Legislative Compensation Commission and authorized by law;
permitting reimbursement for reasonable and necessary expenses actually
incurred in the performance of duties as member of board; providing manner in
which expenses may be reimbursed; setting per diem allowances; permitting board
members to be reimbursed for overnight commuting expenses; setting manner for
calculating reimbursement rates; setting cap on per diem allowance and travel
expenses for daily commuting board member; and permitting amount for mileage
paid to change from time to time under certain conditions.
Respectfully submitted,
??????????? Craig Blair, Chair, Randy E. Smith, Michael A. Woelfel, Conferees on the part of the Senate.
??????????? Vernon Criss, Chair, Martin Atkinson III, John Williams, Conferees on the part of the House of Delegates.
On motions of Senator
Engrossed
On the passage of the bill, as amended, the yeas were: Azinger, Blair,
Boley, Boso, Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney,
Maynard, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?29.
The nays were: Beach, Facemire, Jeffries, Miller and Romano?5.
Absent: None.
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, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?29.
The nays were: Beach, Facemire, Jeffries, Miller and Romano?5.
Absent: None.
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.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the
adoption by that body of the committee of conference report, passage as amended
by the conference report, and requested the concurrence of the Senate in the
adoption thereof, as to
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.
Whereupon, Senator Gaunch, from the committee of conference on matters
of disagreement between the two houses, as to
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.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
That both houses agree with the Senate?s amendment, except that it be
further amended on page one, section fifteen-g, line three, after the word
?counties? by changing the period to a colon and inserting the following: Provided, that such students will be
treated equally for admission purposes with applicants enrolled in public
school.
??????????????????????????????????????????????????????????????????????? Respectfully
submitted,
Saira Blair, Chair, Jill Upson
(did not sign), Ralph Rodighiero, Conferees on the part of the House of
Delegates.
C. Edward Gaunch, Chair, Kenny
Mann, Michael J. Romano, Conferees on the
part of the Senate.
Senator
Thereafter, on motion of Senator
Engrossed
On the passage of the bill, as amended, 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.
A message from The Clerk of the House of Delegates announced the
adoption by that body of the committee of conference report, passage as amended
by the conference report with its conference amended title, and requested the
concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill
2631, Relating to time
standards for disposition of complaint proceedings.
Whereupon, Senator Takubo, from the committee of conference on matters
of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill
2631, Relating to time
standards for disposition of complaint proceedings.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses
as to the
That both houses recede from their respective positions as to the
amendment on page
On page two, section five, line sixteen, after the word ?ruling.? by
inserting the following:
?The time period for final ruling shall be tolled for any delay
requested or caused by the respondent or by counsel for the respondent and in
no event shall a complaint proceeding be dismissed for exceeding the time
standards in this section when such overage is the result of procedural delay
or obstructive action by the accused or his or her counsel or agents.?;
That both houses agree to all other amendments of the Senate;
And,
That both houses recede from their respective positions as to the title
of the bill and agree to a new title to read as follows:
Eng. Com. Sub. for 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; tolling the time
periods for delays attributable to the respondent; and prohibiting complaint
proceeding from being dismissed for exceeding time standards when overage is
result of procedural delay or obstructive action by respondent.
Respectfully submitted,
??????????? Roger Hanshaw, Chair, Moore Capito, Rodney Miller, Conferees on the part of the House of Delegates.
??????????? Tom Takubo, Chair, Michael J. Maroney, Corey Palumbo, Conferees on the part of the Senate.
On motions of Senator
Engrossed
On the passage of the bill, as amended, 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.
A message from The Clerk of the House of Delegates announced that that
body had refused to concur in the Senate
Eng. Com. Sub. for House Bill
2561, Relating to public
school support.
On motion of Senator
On further motion of Senator
Engrossed
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.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
At the request of Senator Ferns, and by unanimous consent, the Senate
again proceeded to the eighth order of business and the consideration of
Eng. Com. Sub. for House Bill
2018, Budget Bill, making
appropriations of public money out of the treasury in accordance with section
fifty-one, article six of the Constitution.
On third reading, coming up out of regular order, with the right having
been granted on yesterday, Friday, April 7, 2017, for amendments to be received
on third reading, was reported by the Clerk.
On motion of Senator
By striking out everything after the
enacting clause and inserting in lieu thereof the following:
TITLE I ? GENERAL PROVISIONS.
??????????? Section
1. General policy. ? The purpose of this bill is to appropriate money
necessary for the economical and efficient discharge of the duties and
responsibilities of the state and its agencies during the fiscal year 2018.
??????????? Sec.
2. Definitions. ? For the purpose of this bill:
??????????? ?Governor?
shall mean the Governor of the State of West Virginia.
??????????? ?Code?
shall mean the Code of West Virginia, one thousand nine hundred thirty-one, as
amended.
??????????? ?Spending
unit? shall mean the department, bureau, division, office, board, commission,
agency or institution to which an appropriation is made.
??????????? The
?fiscal year 2018? shall mean the period from July 1, 2017, through June 30,
2018.
??????????? ?General
revenue fund? shall mean the general operating fund of the state and includes
all moneys received or collected by the state except as provided in W.Va. Code
?12-2-2 or as otherwise provided.
??????????? ?Special
revenue funds? shall mean specific revenue sources which by legislative
enactments are not required to be accounted for as general revenue, including
federal funds.
??????????? ?From
collections? shall mean that part of the total appropriation which must be
collected by the spending unit to be available for expenditure. If the
authorized amount of collections is not collected, the total appropriation for
the spending unit shall be reduced automatically by the amount of the
deficiency in the collections. If the amount collected exceeds the amount
designated ?from collections,? the excess shall be set aside in a special
surplus fund and may be expended for the purpose of the spending unit as
provided by Article 2, Chapter 11B of the Code.
??????????? Sec.
3. Classification of appropriations. ? An appropriation for:
??????????? ?Personal
services? shall mean salaries, wages and other compensation paid to full-time,
part-time and temporary employees of the spending unit but shall not include
fees or contractual payments paid to consultants or to independent contractors
engaged by the spending unit. ?Personal services? shall include ?annual
increment? for ?eligible employees? and shall be disbursed only in accordance
with Article 5, Chapter 5 of the Code.
??????????? Unless
otherwise specified, appropriations for ?personal services? shall include
salaries of heads of spending units.
??????????? ?Employee
benefits? shall mean social security matching, workers? compensation,
unemployment compensation, pension and retirement contributions, public
employees insurance matching, personnel fees or any other benefit normally paid
by the employer as a direct cost of employment. Should the appropriation be
insufficient to cover such costs, the remainder of such cost shall be paid by
each spending unit from its ?unclassified? appropriation, or its ?current
expenses? appropriation or other appropriate appropriation. Each spending unit
is hereby authorized and required to make such payments in accordance with the
provisions of Article 2, Chapter 11B of the Code.
??????????? Each
spending unit shall be responsible for all contributions, payments or other
costs related to coverage and claims of its employees for unemployment
compensation and workers compensation. Such expenditures shall be considered an
employee benefit.
??????????? ?BRIM
Premiums? shall mean the amount charged as consideration for insurance
protection and includes the present value of projected losses and
administrative expenses. Premiums are assessed for coverages, as defined in the
applicable policies, for claims arising from, inter alia, general liability,
wrongful acts, property, professional liability and automobile exposures.
??????????? Should
the appropriation for ?BRIM Premium? be insufficient to cover such cost, the
remainder of such costs shall be paid by each spending unit from its ?unclassified?
appropriation, its ?current expenses? appropriation or any other appropriate
appropriation to the Board of Risk and Insurance Management. Each spending unit
is hereby authorized and required to make such payments. If there is no
appropriation for ?BRIM Premium? such costs shall be paid by each spending unit
from its ?current expenses? appropriation, ?unclassified? appropriation or
other appropriate appropriation.
??????????? West
Virginia Council for Community and Technical College Education and Higher
Education Policy Commission entities operating with special revenue funds
and/or federal funds shall pay their proportionate share of the Board of Risk
and Insurance Management total insurance premium cost for their respective
institutions.
??????????? ?Current
expenses? shall mean operating costs other than personal services and shall not
include equipment, repairs and alterations, buildings or lands. Each spending
unit shall be responsible for and charged monthly for all postage meter service
and shall reimburse the appropriate revolving fund monthly for all such
amounts. Such expenditures shall be considered a current expense.
??????????? ?Equipment?
shall mean equipment items which have an appreciable and calculable period of
usefulness in excess of one year.
??????????? ?Repairs
and alterations? shall mean routine maintenance and repairs to structures and
minor improvements to property which do not increase the capital assets.
??????????? ?Buildings?
shall include new construction and major alteration of existing structures and
the improvement of lands and shall include shelter, support, storage,
protection or the improvement of a natural condition.
??????????? ?Lands?
shall mean the purchase of real property or interest in real property.
??????????? ?Capital
outlay? shall mean and include buildings, lands or buildings and lands, with
such category or item of appropriation to remain in effect as provided by W.Va.
Code ?12-3-12.
??????????? From
appropriations made to the spending units of state government, upon approval of
the Governor there may be transferred to a special account an amount sufficient
to match federal funds under any federal act.
??????????? Appropriations
classified in any of the above categories shall be expended only for the
purposes as defined above and only for the spending units herein designated: Provided,
That the secretary of each department shall have the authority to transfer
within the department those general revenue funds appropriated to the various
agencies of the department: Provided, however, That no more than five
percent of the general revenue funds appropriated to any one agency or board
may be transferred to other agencies or boards within the department: and no
funds may be transferred to a ?personal services and employee benefits?
appropriation unless the source funds are also wholly from a ?personal services
and employee benefits? line, or unless the source funds are from another
appropriation that has exclusively funded employment expenses for at least
twelve consecutive months prior to the time of transfer and the position(s)
supported by the transferred funds are also permanently transferred to the
receiving agency or board within the department: Provided further, That
the secretary of each department and the director, commissioner, executive
secretary, superintendent, chairman or any other agency head not governed by a
departmental secretary as established by Chapter 5F of the Code shall have the
authority to transfer funds appropriated to ?personal services and employee
benefits,? ?current expenses,? ?repairs and alterations,? ?equipment,? ?other
assets,? ?land,? and ?buildings? to other appropriations within the same
account and no funds from other appropriations shall be transferred to the ?personal
services and employee benefits? or the ?unclassified? appropriation: And
provided further, That no authority exists hereunder to transfer funds into
appropriations to which no funds are legislatively appropriated: And
provided further, That if the Legislature by subsequent enactment
consolidates agencies, boards or functions, the secretary or other appropriate
agency head may transfer the funds formerly appropriated to such agency, board
or function in order to implement such consolidation. No funds may be
transferred from a Special Revenue Account, dedicated account, capital
expenditure account or any other account or fund specifically exempted by the
Legislature from transfer, except that the use of the appropriations from the
State Road Fund for the office of the Secretary of the Department of Transportation
is not a use other than the purpose for which such funds were dedicated and is
permitted.
??????????? Appropriations
otherwise classified shall be expended only where the distribution of
expenditures for different purposes cannot well be determined in advance or it
is necessary or desirable to permit the spending unit the freedom to spend an
appropriation for more than one of the above classifications.
??????????? Sec.
4. Method of expenditure. ? Money appropriated by this bill, unless
otherwise specifically directed, shall be appropriated and expended according
to the provisions of Article 3, Chapter 12 of the Code or according to any law
detailing a procedure specifically limiting that article.
??????????? Sec.
5. Maximum expenditures. ? No
authority or requirement of law shall be interpreted as requiring or permitting
an expenditure in excess of the appropriations set out in this bill.
TITLE II ? APPROPRIATIONS.
ORDER OF SECTIONS
SECTION 1.?????????? Appropriations from general revenue.
SECTION 2.?????????? Appropriations from state road fund.
SECTION 3.?????????? Appropriations from other funds.
SECTION 4.?????????? Appropriations from lottery net profits.
SECTION 5.?????????? Appropriations from state excess lottery revenue.
SECTION 6.?????????? Appropriations of federal funds.
SECTION 7.?????????? Appropriations from federal block grants.
SECTION 8.?????????? Awards for claims against the state.
SECTION 9.?????????? Appropriations from general revenue surplus accrued.
SECTION 10.???????? Appropriations from lottery net profits surplus accrued.
SECTION 11.???????? Appropriations from state excess lottery revenue surplus
accrued.
SECTION 12.???????? Special revenue appropriations.
SECTION 13.???????? State improvement fund appropriations.
SECTION 14.???????? Specific funds and collection accounts.
SECTION 15.???????? Appropriations for refunding erroneous payment.
SECTION 16.???????? Sinking fund deficiencies.
SECTION 17.???????? Appropriations for local governments.
SECTION 18.???????? Total appropriations.
SECTION 19.???????? General school fund.
??????????? Section
1. Appropriations from general revenue. ? From the State Fund, General Revenue, there are hereby
appropriated conditionally upon the fulfillment of the provisions set forth in
Article 2, Chapter 11B the following amounts, as itemized, for expenditure
during the fiscal year 2018.
LEGISLATIVE
1 - Senate
Fund 0165 FY 2018 Org 2100
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? General
??????????????????????????????????????????????????????????????????????????????????????????????????????????? Appro-??????????????? Revenue
??????????????????????????????????????????????????????????????????????????????????????????????????????????? priation?????????????????? Fund
Compensation of Members (R)................................................. ?????? 00300??????????? $?????????????? 1,010,000
Compensation and Per Diem of Officers
???? and
Employees (R)............................................................... ?????? 00500???????????????????????????? 4,011,332
Current Expenses and Contingent Fund
(R)............................. ?????? 02100??????????????????????????????? 276,392
Repairs and Alterations (R)....................................................... ?????? 06400????????????????????????????????? 50,000
Computer Supplies (R).............................................................. ?????? 10100????????????????????????????????? 20,000
Computer Systems (R).............................................................. ?????? 10200????????????????????????????????? 60,000
Printing Blue Book (R)............................................................... ?????? 10300??????????????????????????????? 125,000
Expenses of Members (R)......................................................... ?????? 39900??????????????????????????????? 370,000
BRIM Premium (R).................................................................... ?????? 91300?????????? ?????????????????????? 29,482
???? Total....................................................................................... ???????????????????????????? $?????????????? 5,952,206
??????????? The
appropriations for the Senate for the fiscal year 2017 are to remain in full
force and effect and are hereby reappropriated to June 30, 2018. Any balances
so reappropriated may be transferred and credited to the fiscal year 2017
accounts.
??????????? Upon
the written request of the Clerk of the Senate, the Auditor shall transfer
amounts between items of the total appropriation in order to protect or
increase the efficiency of the service.
??????????? The
Clerk of the Senate, with the approval of the President, is authorized to draw
his or her requisitions upon the Auditor, payable out of the Current Expenses
and Contingent Fund of the Senate, for any bills for supplies and services that
may have been incurred by the Senate and not included in the appropriation
bill, for supplies and services incurred in preparation for the opening, the
conduct of the business and after adjournment of any regular or extraordinary
session, and for the necessary operation of the Senate offices, the requisitions
for which are to be accompanied by bills to be filed with the Auditor.
??????????? The
Clerk of the Senate, with the approval of the President, or the President of
the Senate shall have authority to employ such staff personnel during any
session of the Legislature as shall be needed in addition to staff personnel
authorized by the Senate resolution adopted during any such session. The Clerk
of the Senate, with the approval of the President, or the President of the
Senate shall have authority to employ such staff personnel between sessions of
the Legislature as shall be needed, the compensation of all staff personnel
during and between sessions of the Legislature, notwithstanding any such Senate
resolution, to be fixed by the President of the Senate. The Clerk is hereby
authorized to draw his or her requisitions upon the Auditor for the payment of
all such staff personnel for such services, payable out of the appropriation
for Compensation and Per Diem of Officers and Employees or Current Expenses and
Contingent Fund of the Senate.
??????????? For
duties imposed by law and by the Senate, the Clerk of the Senate shall be paid
a monthly salary as provided by the Senate resolution, unless increased between
sessions under the authority of the President, payable out of the appropriation
for Compensation and Per Diem of Officers and Employees or Current Expenses and
Contingent Fund of the Senate.
??????????? The
distribution of the blue book shall be by the office of the Clerk of the Senate
and shall include 75 copies for each member of the Legislature and two copies
for each classified and approved high school and junior high or middle school
and one copy for each elementary school within the state.
??????????? Included
in the above appropriation for Senate (fund 0165, appropriation 02100), an
amount not less than $5,000 is to be used for the West Virginia Academy of
Family Physicians - Doc of the Day Program.
2 - House of Delegates
Fund 0170 FY 2018 Org 2200
Compensation of Members (R)................................................. ?????? 00300??????????? $?????????????? 3,000,000
Compensation and Per Diem of Officers
???? and
Employees (R)............................................................... ?????? 00500??????????????????????????????? 575,000
Current Expenses and Contingent Fund
(R)............................. ?????? 02100???????????????????????????? 3,929,031
Expenses of Members (R)......................................................... ?????? 39900???????????????????????????? 1,350,000
BRIM Premium (R).................................................................... ?????? 91300??????????? ????????????????????? 50,000
???? Total....................................................................................... ???????????????????????????? $?????????????? 8,904,031
??????????? The
appropriations for the House of Delegates for the fiscal year 2017 are to
remain in full force and effect and are hereby reappropriated to June 30, 2018.
Any balances so reappropriated may be transferred and credited to the fiscal
year 2017 accounts.
??????????? Upon
the written request of the Clerk of the House of Delegates, the Auditor shall
transfer amounts between items of the total appropriation in order to protect
or increase the efficiency of the service.
??????????? The
Clerk of the House of Delegates, with the approval of the Speaker, is
authorized to draw his or her requisitions upon the Auditor, payable out of the
Current Expenses and Contingent Fund of the House of Delegates, for any bills
for supplies and services that may have been incurred by the House of Delegates
and not included in the appropriation bill, for bills for services and supplies
incurred in preparation for the opening of the session and after adjournment,
and for the necessary operation of the House of Delegates? offices, the
requisitions for which are to be accompanied by bills to be filed with the
Auditor.
??????????? The
Speaker of the House of Delegates, upon approval of the House committee on
rules, shall have authority to employ such staff personnel during and between
sessions of the Legislature as shall be needed, in addition to personnel
designated in the House resolution, and the compensation of all personnel shall
be as fixed in such House resolution for the session, or fixed by the Speaker,
with the approval of the House committee on rules, during and between sessions
of the Legislature, notwithstanding such House resolution. The Clerk of the
House of Delegates is hereby authorized to draw requisitions upon the Auditor
for such services, payable out of the appropriation for the Compensation and
Per Diem of Officers and Employees or Current Expenses and Contingent Fund of
the House of Delegates.
??????????? For
duties imposed by law and by the House of Delegates, including salary allowed
by law as keeper of the rolls, the Clerk of the House of Delegates shall be
paid a monthly salary as provided in the House resolution unless increased
between sessions under the authority of the Speaker, with the approval of the
House committee on rules, and payable out of the appropriation for Compensation
and Per Diem of Officers and Employees or Current Expenses and Contingent Fund
of the House of Delegates.
??????????? Included
in the above appropriation for House of Delegates (fund 0170, appropriation
02100), an amount not less than $5,000 is to be used for the West Virginia
Academy of Family Physicians - Doc of the Day Program.
3 - Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2018 Org 2300
Joint Committee on Government and
Finance (R).................... ?????? 10400??????????? $?????????????? 5,725,138
Legislative Printing (R)............................................................... ?????? 10500??????????????????????????????? 760,000
Legislative Rule-Making Review
Committee (R)....................... ?????? 10600??????????????????????????????? 147,250
Legislative Computer System (R).............................................. ?????? 10700???????????????????????????? 1,447,500
BRIM Premium (R).................................................................... ?????? 91300??????????? ????????????????????? 60,569
???? Total....................................................................................... ???????????????????????????? $?????????????? 8,140,457
??????????? The
appropriations for the Joint Expenses for the fiscal year 2017 are to remain in
full force and effect and are hereby reappropriated to June 30, 2018. Any
balances reappropriated may be transferred and credited to the fiscal year 2017
accounts.
??????????? Upon
the written request of the Clerk of the Senate, with the approval of the
President of the Senate, and the Clerk of the House of Delegates, with the
approval of the Speaker of the House of Delegates, and a copy to the
Legislative Auditor, the Auditor shall transfer amounts between items of the
total appropriation in order to protect or increase the efficiency of the
service.
JUDICIAL
4 - Supreme Court ?
General Judicial
Fund 0180 FY 2018 Org 2400
Personal Services and Employee
Benefits (R)......................... ?????? 00100??????????? $?????????? 101,924,358
Children?s Protection Act (R)..................................................... ?????? 09000???????????????????????????? 3,000,000
Current Expenses (R)................................................................ ?????? 13000?????????????????????????? 32,274,266
Repairs and Alterations (R)....................................................... ?????? 06400??????????????????????????????? 636,450
Equipment (R)............................................................................ ?????? 07000???????????????????????????? 1,800,000
Judges? Retirement System (R)................................................. ?????? 11000??????????????????????????????? 900,000
Buildings (R).............................................................................. ?????? 25800??????????????????????????????? 100,000
Other Assets (R)........................................................................ ?????? 69000??????????????????????????????? 500,000
BRIM Premium (R).................................................................... ?????? 91300??????????? ??????????????????? 624,596
???? Total....................................................................................... ???????????????????????????? $?????????? 141,759,670
??????????? The
appropriations to the Supreme Court of Appeals for the fiscal years 2016 and
2017 are to remain in full force and effect and are hereby reappropriated to
June 30, 2018. Any balances so reappropriated may be transferred and credited
to the fiscal year 2017 accounts.
??????????? This
fund shall be administered by the Administrative Director of the Supreme Court
of Appeals, who shall draw requisitions for warrants in payment in the form of
payrolls, making deductions there from as required by law for taxes and other
items.
??????????? The
appropriation for the Judges? Retirement System (fund 0180, appropriation
11000) is to be transferred to the Consolidated Public Retirement Board, in
accordance with the law relating thereto, upon requisition of the
Administrative Director of the Supreme Court of Appeals.
EXECUTIVE
5 - Governor?s Office
(WV Code Chapter 5)
Fund 0101 FY 2018 Org 0100
Personal Services and Employee
Benefits............................... ?????? 00100??????????? $?????????????? 3,120,203
Current Expenses (R)................................................................ ?????? 13000??????????? ??????????????????? 539,573
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 2,000
National Governors Association................................................. ?????? 12300????????????????????????????????? 60,700
Herbert Henderson Office of Minority
Affairs............................ ?????? 13400??????????????????????????????? 146,726
Southern Governors? Association.............................................. ?????? 31400?????????????????????????????????????????? 0
BRIM Premium.......................................................................... ?????? 91300??????????? ??????????????????? 169,079
???? Total....................................................................................... ???????????????????????????? $?????????????? 4,038,281
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
0101, appropriation 09900), Current Expenses (fund 0101, appropriation 13000),
and JOBS Fund (fund 0101, appropriation 66500) at the close of the fiscal year
2017 are hereby reappropriated for expenditure during the fiscal year 2018.
??????????? Included
in the above appropriation to Personal Services and Employee Benefits (fund
0101, appropriation 00100), is $150,000 for the Salary of the Governor.
??????????? The
above appropriation for Herbert Henderson Office of Minority Affairs (fund
0101, appropriation 13400) shall be transferred to the Minority Affairs Fund
(fund 1058).
6 - Governor?s Office ?
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2018 Org 0100
Personal Services and Employee
Benefits............................... ?????? 00100??????????? $????????????????? 351,089
Current Expenses (R)................................................................ ?????? 13000??????????????????????????????? 182,708
Repairs and Alterations.............................................................. ?????? 06400??????????? ??????????????????????? 5,000
???? Total....................................................................................... ???????????????????????????? $????????????????? 538,797
??????????? Any
unexpended balance remaining in the appropriation for Current Expenses (fund
0102, appropriation 13000) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018, with the exception
of fund 0102, fiscal year 2017, appropriation 13000 ($20,000) which shall
expire June 30, 2017.
??????????? Appropriations
are to be used for current general expenses, including compensation of
employees, household maintenance, cost of official functions and additional
household expenses occasioned by such official functions.
7 - Governor?s Office ?
Civil Contingent Fund
(WV Code Chapter 5)
Fund 0105 FY 2018 Org 0100
??????????? Any
unexpended balances remaining in the appropriations for Business and Economic
Development Stimulus ? Surplus (fund 0105, appropriation 08400), Civil
Contingent Fund ? Total (fund 0105, appropriation 11400), 2012 Natural
Disasters ? Surplus (fund 0105, appropriation 13500), Civil Contingent Fund ?
Total ? Surplus (fund 0105, appropriation 23800), Civil Contingent Fund ?
Surplus (fund 0105, appropriation 26300), Business and Economic Development
Stimulus (fund 0105, appropriation 58600), Civil Contingent Fund (fund 0105,
appropriation 61400), and Natural Disasters ? Surplus (fund 0105, appropriation
76400) at the close of the fiscal year 2017 are hereby reappropriated for
expenditure during the fiscal year.
??????????? From
this fund there may be expended, at the discretion of the Governor, an amount
not to exceed $1,000 as West Virginia?s contribution to the interstate oil
compact commission.
??????????? The
above fund is intended to provide contingency funding for accidental,
unanticipated, emergency or unplanned events which may occur during the fiscal
year and is not to be expended for the normal day-to-day operations of the
Governor?s Office.
8 - Auditor?s Office ?
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2018 Org 1200
Personal Services and Employee
Benefits............................... ?????? 00100??????????? $?????????????? 2,660,738
Current Expenses (R)................................................................ ?????? 13000????????????????????????????????? 10,622
BRIM Premium.......................................................................... ?????? 91300??????????? ????????????????????? 11,287
???? Total....................................................................................... ???????????????????????????? $?????????????? 2,682,647
??????????? Any
unexpended balance remaining in the appropriation for Current Expenses (fund
0116, appropriation 13000) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
??????????? Included
in the above appropriation to Personal Services and Employee Benefits (fund
0116, appropriation 00100), is $95,000 for the Salary of the Auditor.
9 - Treasurer?s Office
(WV Code Chapter 12)
Fund 0126 FY 2018 Org 1300
Personal Services and Employee
Benefits............................... ?????? 00100??????????? $?????????????? 2,424,551
Unclassified................................................................................ ?????? 09900????????????????????????????????? 30,963
Current Expenses (R)................................................................ ?????? 13000??????????????????????????????? 177,271
Abandoned Property Program................................................... ?????? 11800????????????????????????????????? 96,600
Other Assets............................................................................... ?????? 69000??????????????????????????????????? 5,000
BRIM Premium.......................................................................... ?????? 91300??????????? ????????????????????? 54,409
???? Total....................................................................................... ???????????????????????????? $?????????????? 2,788,794
??????????? Any
unexpended balances remaining in the appropriation for Current Expenses (fund
0126, appropriation 13000) at the close of the fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018.
??????????? Included
in the above appropriation to Personal Services and Employee Benefits (fund
0126, appropriation 00100), is $95,000 for the Salary of the Treasurer.
10 - Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100??????????? $?????????????? 5,144,066
Animal Identification Program.................................................... ?????? 03900??????????????????????????????? 122,143
State Farm Museum.................................................................. ?????? 05500????????????????????????????????? 87,759
Current Expenses (R)................................................................ ?????? 13000??????????????????????????????? 135,155
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????????? 0
Gypsy Moth Program (R)........................................................... ?????? 11900??????????????????????????????? 880,820
Huntington Farmers Market....................................................... ?????? 12800????????????????????????????????? 37,142
Black Fly Control........................................................................ ?????? 13700??????????????????????????????? 450,830
Donated Foods Program........................................................... ?????? 36300????????????????????????????????? 45,000
Predator Control (R)................................................................... ?????? 47000??????????????????????????????? 176,400
Logan Farmers Market.............................................................. ?????? 50100????????????????????????????????? 41,277
Bee Research............................................................................ ?????? 69100????????????????????????????????? 65,892
Charleston Farmers Market....................................................... ?????? 74600????????????????????????????????? 71,429
Microbiology Program................................................................ ?????? 78500????????????????????????????????? 97,454
Moorefield Agriculture Center.................................................... ?????? 78600??????????????????????????????? 912,312
Chesapeake Bay Watershed..................................................... ?????? 83000??????????????????????????????? 102,700
Livestock Care Standards Board............................................... ?????? 84300??????????????????????????????????? 8,820
BRIM Premium.......................................................................... ?????? 91300??????????????????????????????? 120,202
State FFA-FHA Camp and Conference
Center......................... ?????? 94101??????????????????????????????? 588,000
Threat Preparedness.................................................................. ?????? 94200????????????????????????????????? 69,524
WV Food Banks......................................................................... ?????? 96900??????????????????????????????? 126,000
Senior?s Farmers? Market Nutrition
Coupon Program............... ?????? 97000??????????? ????????????????????? 55,840
???? Total....................................................................................... ???????????????????????????? $?????????????? 9,338,765
??????????? Any
unexpended balances remaining in the appropriations for Unclassified ? Surplus
(fund 0131, appropriation 09700), Gypsy Moth Program (fund 0131, appropriation
11900), Current Expenses (fund 0131, appropriation 13000), Predator Control
(fund 0131, appropriation 47000), and Agricultural Disaster and Mitigation
Needs ? Surplus (fund 0131, appropriation 85000) at the close of the fiscal
year 2017 are hereby reappropriated for expenditure during the fiscal year
2018, with the exception of fund 0131, fiscal year 2017, appropriation 11900
($18,859), fund 0131, fiscal year 2017, appropriation 13000 ($19,343), and fund
0131, fiscal year 2017, appropriation 47000 ($3,600) which shall expire on June
30, 2017.
??????????? Included
in the above appropriation to Personal Services and Employee Benefits (fund
0131, appropriation 00100), is $95,000 for the Salary of the Commissioner.
??????????? The
above appropriation for Predator Control (fund 0131, appropriation 47000) is to
be made available to the United States Department of Agriculture, Wildlife
Services to administer the Predator Control Program.
??????????? A
portion of the Current Expenses appropriation may be transferred to a special
revenue fund for the purpose of matching federal funds for marketing and
development activities.
??????????? From
the above appropriation for WV Food Banks (fund 0131, appropriation 96900),
$20,000 is for House of Hope and the remainder of the appropriation shall be
allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton
County.
11 - West Virginia Conservation Agency
(WV Code Chapter 19)
Fund 0132 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100??????????? $????????????????? 725,163
Unclassified (R).......................................................................... ?????? 09900????????????????????????????????? 77,808
Current Expenses (R)................................................................ ?????? 13000??????????????????????????????? 290,830
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????????? 0
Soil Conservation Projects (R).................................................. ?????? 12000???????????????????????????? 6,566,841
BRIM Premium.......................................................................... ?????? 91300??????????? ????????????????????? 30,213
???? Total....................................................................................... ???????????????????????????? $?????????????? 7,690,855
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
0132, appropriation 09900), Soil Conservation Projects (fund 0132,
appropriation 12000), and Current Expenses (fund 0132, appropriation 13000) at
the close of the fiscal year 2017 are hereby reappropriated for expenditure
during the fiscal year 2018, with the exception of fund 0132, fiscal year 2017,
appropriation 12000 ($157,439) which shall expire on June 30, 2017.
12 - Department of Agriculture ?
Meat Inspection Fund
(WV Code Chapter 19)
Fund 0135 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100??????????? $????????????????? 620,127
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 7,090
Current Expenses...................................................................... ?????? 13000??????????? ????????????????????? 67,699
???? Total....................................................................................... ???????????????????????????? $????????????????? 694,916
??????????? Any
part or all of this appropriation may be transferred to a special revenue fund
for the purpose of matching federal funds for the above-named program.
13 - Department of Agriculture ?
Agricultural Awards Fund
(WV Code Chapter 19)
Fund 0136 FY 2018 Org 1400
Programs and Awards for 4-H Clubs and
FFA/FHA................. ?????? 57700?????????? $???????????????????? 15,000
Commissioner?s Awards and Programs.................................... ?????? 73700?????????? ?????????????????????? 38,165
???? Total....................................................................................... ??????????????????????????? $???????????????????? 53,165
14 - Department of Agriculture ?
West Virginia Agricultural Land Protection Authority
(WV Code Chapter 8A)
Fund 0607 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 92,908
Unclassified................................................................................ ?????? 09900?????????? ??????????????????????????? 950
???? Total....................................................................................... ??????????????????????????? $???????????????????? 93,858
15 - Attorney General
(WV Code Chapters 5, 14, 46A and 47)
Fund 0150 FY 2018 Org 1500
Personal Services and Employee
Benefits (R)......................... ?????? 00100?????????? $??????????????? 2,281,145
Unclassified (R).......................................................................... ?????? 09900????????????????????????????????? 24,478
Current Expenses (R)................................................................ ?????? 13000??????????????????????????????? 737,360
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 1,000
Criminal Convictions and Habeas Corpus
Appeals (R)............ ?????? 26000??????????????????????????????? 978,104
Better Government Bureau........................................................ ?????? 74000??????????????????????????????? 271,991
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????? 112,761
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,407,839
??????????? Any
unexpended balances remaining in the above appropriations for Personal Services
and Employee Benefits (fund 0150, appropriation 00100), Unclassified (fund
0150, appropriation 09900), Current Expenses (fund 0150, appropriation 13000),
Criminal Convictions and Habeas Corpus Appeals (fund 0150, appropriation
26000), and Agency Client Revolving Liquidity Pool (fund 0150, appropriation
36200) at the close of the fiscal year 2017 are hereby reappropriated for
expenditure during the fiscal year 2018, with the exception of fund 0150,
fiscal year 2017, appropriation 09900 ($20,000), and fund 0150, fiscal year
2017, appropriation 26000 ($69,575) which shall expire on June 30, 2017.
??????????? Included
in the above appropriation to Personal Services and Employee Benefits (fund
0150, appropriation 00100), is $95,000 for the Salary of the Attorney General.
??????????? When
legal counsel or secretarial help is appointed by the Attorney General for any
state spending unit, this account shall be reimbursed from such spending units
specifically appropriated account or from accounts appropriated by general
language contained within this bill: Provided,
That the spending unit shall reimburse at a rate and upon terms agreed to by
the state spending unit and the Attorney General: Provided, however, That if the spending unit and the Attorney
General are unable to agree on the amount and terms of the reimbursement, the
spending unit and the Attorney General shall submit their proposed
reimbursement rates and terms to the Governor for final determination.
16 - Secretary of State
(WV Code Chapters 3, 5 and 59)
Fund 0155 FY 2018 Org 1600
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 117,213
Unclassified (R).......................................................................... ?????? 09900??????????????????????????????????? 9,731
Current Expenses (R)................................................................ ?????? 13000??????????????????????????????? 805,697
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 21,695
???? Total....................................................................................... ??????????????????????????? $?????????????????? 954,336
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
0155, appropriation 09900) and Current Expenses (fund 0155, appropriation
13000) at the close of the fiscal year 2017 are hereby reappropriated for
expenditure during the fiscal year 2018, with the exception of fund 0155,
fiscal year 2017 appropriation 13000 ($19,613) which shall expire on June 30,
2017.
??????????? Included
in the above appropriation to Personal Services and Employee Benefits (fund
0155, appropriation 00100), is $95,000 for the Salary of the Secretary of
State.
17 - State Election Commission
(WV Code Chapter 3)
Fund 0160 FY 2018 Org 1601
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????????? 2,327
Unclassified................................................................................ ?????? 09900???????????????????????????????????????? 75
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????????? 4,956
???? Total....................................................................................... ??????????????????????????? $?????????????????????? 7,358
DEPARTMENT OF ADMINISTRATION
18 - Department of Administration ?
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2018 Org 0201
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 569,679
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 9,177
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 84,883
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 100
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 1,000
Financial Advisor (R)................................................................. ?????? 30400????????????????????????????????? 27,546
Lease Rental Payments............................................................. ?????? 51600?????????????????????????? 15,000,000
Design-Build Board.................................................................... ?????? 54000??????????????????????????????????? 4,000
Other Assets............................................................................... ?????? 69000?????????????????????????????????????? 100
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 5,887
???? Total....................................................................................... ??????????????????????????? $????????????? 15,702,372
??????????? Any
unexpended balance remaining in the appropriation for Financial Advisor (fund
0186, appropriation 30400) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018, with the exception
of fund 0186, fiscal year 2017, appropriation 30400 ($73,000) which shall
expire on June 30, 2017.
??????????? The
appropriation for Lease Rental Payments (fund 0186, appropriation 51600) shall
be disbursed as provided by W.Va. Code ?31-15-6b.
19 - Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2018 Org 0205
??????????? The
Division of Highways, Division of Motor Vehicles, Public Service Commission and
other departments, bureaus, divisions, or commissions operating from special
revenue funds and/or federal funds shall pay their proportionate share of the
retirement costs for their respective divisions. When specific appropriations
are not made, such payments may be made from the balances in the various
special revenue funds in excess of specific appropriations.
20 - Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2018 Org 0209
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 66,583
Unclassified................................................................................ ?? ??? 09900??????????????????????????????????? 1,400
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 68,083
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????????? 0
Equipment.................................................................................. ?????? 07000?????????????????????????????????????????? 0
GAAP Project (R)....................................................................... ?????? 12500??????????????????????????????? 591,072
Other Assets............................................................................... ?????? 69000?????????????????????????????????????????? 0
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 5,625
???? Total....................................................................................... ??????????????????????????? $?????????????????? 732,763
??????????? Any
unexpended balance remaining in the appropriation for GAAP Project (fund 0203,
appropriation 12500) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
21 - Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2018 Org 0211
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,533,541
Unclassified................................................................................ ?????? 09900?????????????????????????????????????????? 0
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 725,024
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 500
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 5,000
Fire Service Fee......................................................................... ?????? 12600????????????????????????????????? 14,000
Buildings (R).............................................................................. ?????? 25800?????????????????????????????????????? 500
Preservation and Maintenance of
Statues and Monuments
???? on
Capitol Grounds............................................................... ?????? 37100????????????????????????????????? 68,000
Capital Outlay, Repairs and Equipment
(R).............................. ?????? 58900???????????????????????????? 4,004,610
Other Assets............................................................................... ?????? 69000?????????????????????????????????????? 500
Land (R)..................................................................................... ?????? 73000?????????????????????????????????????? 500
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????? 121,479
???? Total....................................................................................... ??????????????????????????? $??????????????? 7,473,654
??????????? Any
unexpended balances remaining in the above appropriations for Buildings (fund
0230, appropriation 25800), Capital Outlay, Repairs and Equipment (fund 0230,
appropriation 58900), Capital Outlay, Repairs and Equipment ? Surplus (fund
0230, appropriation 67700), and Land (fund 0230, appropriation 73000) at the
close of the fiscal year 2017 are hereby reappropriated for expenditure during
the fiscal year 2018.
??????????? From
the above appropriation for Preservation and Maintenance of Statues and
Monuments on Capitol Grounds (fund 0230, appropriation 37100), the Division
shall consult the Division of Culture and History and Capitol Building
Commission in all aspects of planning, assessment, maintenance and restoration.
??????????? The
above appropriation for Capital Outlay, Repairs and Equipment (fund 0230,
appropriation 58900) shall be expended for capital improvements, maintenance,
repairs and equipment for state-owned buildings.
22 - Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2018 Org 0213
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 984,561
Unclassified................................................................................ ?????? 09900?????????????????????????????????????? 144
Current Expenses...................................................................... ?????? 13000?????????????????????????????????????? 250
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 200
Equipment.................................................................................. ?????? 07000?????????????????????????????????????????? 0
Other Assets............................................................................... ?????? 69000?????????????????????????????????????????? 0
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 6,469
???? Total....................................................................................... ??????????????????????????? $?????????????????? 991,624
??????????? The
Division of Highways shall reimburse Fund 2031 within the Division of
Purchasing for all actual expenses incurred pursuant to the provisions of W.Va.
Code ?17-2A-13.
23 - Travel Management
(WV Code Chapter 5A)
Fund 0615 FY 2018 Org 0215
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 768,556
Unclassified................................................................................ ?????? 09900????????????????????????????????? 12,032
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 421,739
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????????? 0
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 5,000
Buildings (R).............................................................................. ?????? 25800?????????????????????????????????????? 100
Other Assets............................................................................... ?????? 69000?????????? ??????????????????????????? 100
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,207,527
??????????? Any
unexpended balance remaining in the appropriation for Buildings (fund 0615,
appropriation 25800) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
24 - Commission on Uniform State Laws
(WV Code Chapter 29)
Fund 0214 FY 2018 Org 0217
Current Expenses...................................................................... ?????? 13000?????????? $???????????????????? 44,639
??????????? To
pay expenses for members of the commission on uniform state laws.
25 - West Virginia Public Employees
Grievance Board
(WV Code Chapter 6C)
Fund 0220 FY 2018 Org 0219
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 911,114
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 121,561
Equipment.................................................................................. ?????? 07000???????????????????????????????????????? 50
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 9,608
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,043,333
26 - Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2018 Org 0220
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 569,502
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 2,200
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 97,377
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 500
Other Assets............................................................................... ?????? 69000?????????????????????????????????????? 100
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 4,473
???? Total....................................................................................... ??????????????????????????? $?????????????????? 674,152
27 - Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2018 Org 0221
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,334,314
Unclassified................................................................................ ?????? 09900??????????????????????????????? 314,700
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 11,165
Public Defender Corporations.................................................... ?????? 35200?????????????????????????? 19,198,028
Appointed Counsel Fees (R)..................................................... ?????? 78800?????????????????????????? 10,723,115
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 9,594
???? Total....................................................................................... ??????????????????????????? $????????????? 31,590,916
??????????? Any
unexpended balance remaining in the above appropriation for Appointed Counsel
Fees (fund 0226, appropriation 78800) at the close of the fiscal year 2017 is
hereby reappropriated for expenditure during the fiscal year 2018.
??????????? The
director shall have the authority to transfer funds from the appropriation to
Public Defender Corporations (fund 0226, appropriation 35200) to Appointed
Counsel Fees (fund 0226, appropriation 78800).
28 - Committee for the Purchase of
Commodities and Services from the Handicapped
(WV Code Chapter 5A)
Fund 0233 FY 2018 Org 0224
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????????? 3,106
Current Expenses...................................................................... ?????? 13000?????????? ??????????????????????????? 868
???? Total....................................................................................... ??????????????????????????? $?????????????????????? 3,974
29 - Public Employees Insurance Agency
(WV Code Chapter 5)
Fund 0200 FY 2018 Org 0225
??????????? The
Division of Highways, Division of Motor Vehicles, Public Service Commission and
other departments, bureaus, divisions, or commissions operating from special
revenue funds and/or federal funds shall pay their proportionate share of the
public employees health insurance cost for their respective divisions.
30 - West Virginia Prosecuting Attorneys
Institute
(WV Code Chapter 7)
Fund 0557 FY 2018 Org 0228
Forensic Medical Examinations (R)........................................... ?????? 68300?????????? $?????????????????? 133,226
Federal Funds/Grant Match (R)................................................. ?????? 74900?????????? ?????????????????????? 98,443
???? Total....................................................................................... ??????????????????????????? $?????????????????? 231,669
??????????? Any
unexpended balances remaining in the appropriations for Forensic Medical
Examinations (fund 0557, appropriation 68300) and Federal Funds/Grant Match
(fund 0557, appropriation 74900) at the close of the fiscal year 2017 are
hereby reappropriated for expenditure during the fiscal year 2018.
31 - Real Estate Division
(WV Code Chapter 5A)
Fund 0610 FY 2018 Org 0233
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 647,668
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 137,926
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 100
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 2,500
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 7,976
???? Total....................................................................................... ??????????????????????????? $?????????????????? 797,170
DEPARTMENT OF COMMERCE
32 - Division of Forestry
(WV Code Chapter 19)
Fund 0250 FY 2018 Org 0305
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,402,439
Unclassified................................................................................ ?????? 09900????????????????????????????????? 21,435
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 334,903
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 80,000
Equipment (R)............................................................................ ?????? 07000??????????????????????????????????? 2,061
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 92,293
???? Total....................................................................................... ??????????????????????????? $???????? 2,933,131
???? Any
unexpended balance remaining in the appropriation for Equipment (fund 0250,
appropriation 07000) at the close of the fiscal year 2016 is hereby
reappropriated for expenditure during the fiscal year 2017, with the exception
of fund 0250, fiscal year 2016, appropriation 07000 ($27,000) which shall
expire on June 30, 2016.
??????????? Out
of the above appropriations a sum may be used to match federal funds for
cooperative studies or other funds for similar purposes.
33 - Geological and Economic Survey
(WV Code Chapter 29)
Fund 0253 FY 2018 Org 0306
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,561,820
Unclassified................................................................................ ?????? 09900????????????????????????????????? 28,173
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 15,776
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 968
Mineral Mapping System (R)..................................................... ?????? 20700???????????????????????????? 1,103,532
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 22,766
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,733,035
??????????? Any
unexpended balance remaining in the appropriation for Mineral Mapping System
(fund 0253, appropriation 20700) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018, with the exception
of fund 0253, fiscal year 2017, appropriation 20700 ($57,599) which shall
expire on June 30, 2017.
??????????? The
above Unclassified and Current Expense appropriations include funding to secure
federal and other contracts and may be transferred to a special revolving fund
(fund 3105) for the purpose of providing advance funding for such contracts.
34 - West Virginia Development Office
(WV Code Chapter 5B)
Fund 0256 FY 2018 Org 0307
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 4,210,888
Unclassified................................................................................ ?????? 09900??????????????????????????????? 108,687
Save Our State (SOS)............................................................... ?????? 05050?????????????????????????????????????????? 0
Current Expenses...................................................................... ?????? 13000???????????????????????????? 3,809,447
National Youth Science Camp................................................... ?????? 13200??????????????????????????????? 241,570
Local Economic Development Partnerships
(R)....................... ?????? 13300??????????????????????????????? 792,000
ARC Assessment....................................................................... ?????? 13600??????????????????????????????? 152,585
Guaranteed Work Force Grant (R)............................................ ?????? 24200??????????????????????????????? 969,633
Mainstreet Program................................................................... ?????? 79400??????????????????????????????? 163,758
BRIM Premium.......................................................................... ?????? 91300??????????????????????????????????? 2,345
Hatfield McCoy Recreational Trail............................................. ?????? 96000?????????? ???????????????????? 198,415
???? Total....................................................................................... ??????????????????????????? $????????????? 10,649,328
??????????? Any
unexpended balances remaining in the appropriations for Unclassified ? Surplus
(fund 0256, appropriation 09700), Partnership Grants (fund 0256, appropriation
13100), Local Economic Development Partnerships (fund 0256, appropriation
13300), Guaranteed Work Force Grant (fund 0256, appropriation 24200),
Industrial Park Assistance (fund 0256, appropriation 48000), Small Business
Development (fund 0256, appropriation 70300), Local Economic Development
Assistance (fund 0256, appropriation 81900), and 4-H Camp Improvements (fund
0256, appropriation 94100) at the close of the fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018.
??????????? The
above appropriation to Local Economic Development Partnerships (fund 0256,
appropriation 13300) shall be used by the West Virginia Development Office for
the award of funding assistance to county and regional economic development
corporations or authorities participating in the Certified Development
Community Program developed under the provisions of W.Va. Code ?5B-2-14. The
West Virginia Development Office shall award the funding assistance through a
matching grant program, based upon a formula whereby funding assistance may not
exceed $34,000 per county served by an economic development or redevelopment
corporation or authority.
35 - Division of Natural Resources
(WV Code Chapter 20)
Fund 0265 FY 2018 Org 0310
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 15,109,046
Unclassified................................................................................ ?????? 09900??????????????????????????????? 184,711
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 166,201
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 100
Equipment.................................................................................. ?????? 07000?????????????????????????????????????? 100
Buildings..................................................................................... ?????? 25800?????????????????????????????????????? 100
Litter Control Conservation Officers.......................................... ?????? 56400??????????????????????????????? 139,877
Upper Mud River Flood Control................................................. ?????? 65400??????????????????????????????? 159,762
Other Assets............................................................................... ?????? 69000?????????????????????????????????????? 100
Land (R)..................................................................................... ?????? 73000?????????????????????????????????????? 100
Law Enforcement....................................................................... ?????? 80600???????????????????????????? 2,413,523
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 23,470
???? Total....................................................................................... ??????????????????????????? $????????????? 18,197,090
??????????? Any
unexpended balances remaining in the appropriations for Buildings (fund 0265,
appropriation 25800), Land (fund 0265, appropriation 73000), and State Park
Improvements ? Surplus (fund 0265, appropriation 76300) at the close of the
fiscal year 2017 are hereby reappropriated for expenditure during the fiscal
year 2018.
??????????? Any
revenue derived from mineral extraction at any state park shall be deposited in
a special revenue account of the Division of Natural Resources, first for bond
debt payment purposes and with any remainder to be for park operation and
improvement purposes.
36 - Division of Miners? Health, Safety and
Training
(WV Code Chapter 22)
Fund 0277 FY 2018 Org 0314
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 9,205,577
Unclassified................................................................................ ?????? 09900??????????????????????????????? 120,000
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,378,532
Coal Dust and Rock Dust Sampling.......................................... ?????? 27000??????????????????????????????? 474,050
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 75,110
???? Total....................................................................................... ??????????????????????????? $????????????? 11,253,269
??????????? Included
in the above appropriation for Current Expenses (fund 0277, appropriation
13000) is $500,000 to be used for coal mine training activities at an
established mine training facility in southern West Virginia.
37 - Board of Coal Mine Health and Safety
(WV Code Chapter 22)
Fund 0280 FY 2018 Org 0319
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 226,550
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 3,551
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 117,906
???? Total....................................................................................... ??????????????????????????? $?????????????????? 348,007
38 - WorkForce West Virginia
(WV Code Chapter 23)
Fund 0572 FY 2018 Org 0323
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 51,998
Unclassified................................................................................ ?????? 09900?????????????????????????????????????? 599
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????????? 7,069
???? Total....................................................................................... ??????????????????????????? $???????????????????? 59,666
39 - Department of Commerce ?
Office of the Secretary
(WV Code Chapter 19)
Fund 0606 FY 2018 Org 0327
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 398,752
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 3,500
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 14,512
???? Total....................................................................................... ??????????????????????????? $?????????????????? 416,764
40 - Division of Energy
(WV Code Chapter 5H)
Fund 0612 FY 2018 Org 0328
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 194,457
Unclassified................................................................................ ?????? 09900????????????????????????????????? 15,204
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,276,705
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 3,604
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,489,970
??????????? From
the above appropriation for Current Expenses (fund 0612, appropriation 13000)
$558,247 is for West Virginia University and $558,247 is for Southern West
Virginia Community and Technical College for the Mine Training and Energy
Technologies Academy.
DEPARTMENT OF EDUCATION
41 - State Board of Education ?
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 321,931
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 2,118,490
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,440,421
42 - State Board of Education ?
State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 4,278,989
Technology System Specialist................................................... ?????? 06200?????????????????????????????????????????? 0
Teachers? Retirement Savings Realized.................................... ?????? 09500?????????????????????????? 34,638,000
Unclassified (R).......................................................................... ?????? 09900??????????????????????????????? 300,000
Current Expenses (R)................................................................ ?????? 13000???????????????????????????? 2,518,992
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 5,000
Increased Enrollment................................................................. ?????? 14000???????????????????????????? 2,650,000
Safe Schools.............................................................................. ?????? 14300???????????????????????????? 4,911,959
Teacher Mentor.......................................................................... ?????? 15800??????????????????????????????? 550,000
Buildings (R).............................................................................. ?????? 25800??????????????????????????????????? 1,000
Allowance for County Transfers................................................. ?????? 26400????????????????????????????????? 64,212
Technology Repair and Modernization...................................... ?????? 29800??????????????????????????????? 951,003
HVAC Technicians..................................................................... ?????? 35500??????????????????????????????? 495,507
Early Retirement Notification
Incentive..................................... ?????? 36600??????????????????????????????? 300,000
MATH Program.......................................................................... ?????? 36800??????????????????????????????? 336,532
Assessment Programs............................................................... ?????? 39600???????????????????????????? 1,339,588
21st Century Fellows.................................................................. ?????? 50700?????????????????????????????????????????? 0
English as a Second Language................................................. ?????? 52800????????????????????????????????? 96,000
Teacher Reimbursement........................................................... ?????? 57300??????????????????????????????? 297,188
Hospitality Training..................................................................... ?????? 60000??????????????????????????????? 267,123
Hi-Y Youth in Government......................................................... ?????? 61600??????????????????????????????? 100,000
High Acuity Special Needs (R).................................................. ?????? 63400???????????????????????????? 1,500,000
Foreign Student Education........................................................ ?????? 63600??????????????????????????????? 150,000
Principals Mentorship................................................................. ?????? 64900????????????????????????????????? 69,250
State Board of Education
Administrative Costs......................... ?????? 68400??????????????????????????????? 266,152
Other Assets............................................................................... ?????? 69000??????????????????????????????????? 1,000
IT Academy (R).......................................................................... ?????? 72100??????????????????????????????? 500,000
Land (R)..................................................................................... ?????? 73000??????????????????????????????????? 1,000
Early Literacy Program.............................................................. ?????? 75600???????????????????????????? 5,700,000
School Based Truancy Prevention (R)...................................... ?????? 78101?????????????????????????????????????????? 0
Innovation in Education.............................................................. ?????? 78102?????????????????????????????????????????? 0
21st Century Learners (R)......................................................... ?????? 88600?????????????????????????????????????????? 0
BRIM Premium.......................................................................... ?????? 91300??????????????????????????????? 320,429
21st Century Assessment and
Professional Development....... ?????? 93100???????????????????????????? 1,999,007
21st Century Technology Infrastructure
Network
???? Tools
and Support................................................................. ?????? 93300???????????????????????????? 7,636,586
Regional Education Service Agencies....................................... ?????? 97200?????????????????????????????????????????? 0
Educational Program Allowance................................................ ?????? 99600?????????? ???????????????????? 516,250
???? Total....................................................................................... ??????????????????????????? $????????????? 72,760,767
??????????? The
above appropriations include funding for the state board of education and their
executive office.
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
0313, appropriation 09900), Current Expenses (fund 0313, appropriation 13000),
National Teacher Certification (fund 0313, appropriation 16100), Buildings
(fund 0313, appropriation 25800), High Acuity Special Needs (fund 0313, appropriation
63400), IT Academy (fund 0313, appropriation 72100), Land (fund 0313,
appropriation 73000), School Based Truancy Prevention (fund 0313, appropriation
78101), and 21st Century Learners (fund 0313, appropriation 88600) at the close
of the fiscal year 2017 are hereby reappropriated for expenditure during the
fiscal year 2018.
??????????? The
above appropriation for Technology System Specialists (fund 0313, appropriation
06200), shall first be used for the continuance of current pilot projects. The
remaining balance, if any, may be used to expand the pilot project for
additional counties.
??????????? The
above appropriation for Teachers? Retirement Savings Realized (fund 0313,
appropriation 09500) shall be transferred to the Employee Pension and Health
Care Benefit Fund (fund 2044).
??????????? The
above appropriation for Hospitality Training (fund 0313, appropriation 60000),
shall be allocated only to entities that have a plan approved for funding by
the Department of Education, at the funding level determined by the State
Superintendent of Schools. Plans shall be submitted to the State Superintendent
of Schools to be considered for funding.
??????????? From
the above appropriation for Educational Program Allowance (fund 0313,
appropriation 99600), $100,000 shall be expended for Webster County Board of
Education for Hacker Valley; $150,000 shall be for the Randolph County Board of
Education for Pickens School; $100,000 shall be for the Preston County Board of
Education for the Aurora School; $100,000 shall be for the Fayette County Board
of Education for Meadow Bridge; and $66,250 is for Project Based Learning in
STEM fields.
43 - State Board of Education ?
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2018 Org 0402
Special Education ? Counties.................................................... ?????? 15900?????????? $??????????????? 7,271,757
Special Education ? Institutions................................................. ?????? 16000???????????????????????????? 3,748,794
Education of Juveniles Held in
Predispositional
???? Juvenile
Detention Centers................................................... ?????? 30200??????????????????????????????? 591,646
Education of Institutionalized
Juveniles and Adults (R)............ ?????? 47200?????????? ??????????????? 17,736,957
???? Total....................................................................................... ??????????????????????????? $????????????? 29,349,154
??????????? Any
unexpended balance remaining in the appropriation for Education of
Institutionalized Juveniles and Adults (fund 0314, appropriation 47200) at the
close of the fiscal year 2017 is hereby reappropriated for expenditure during
the fiscal year 2018.
??????????? From
the above appropriations, the superintendent shall have authority to expend
funds for the costs of special education for those children residing in
out-of-state placements.
44 - State Board of Education ?
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2018 Org
0402
Other Current Expenses............................................................ ?????? 02200?????????? $??????????? 149,939,320
Advanced Placement................................................................. ?????? 05300??????????????????????????????? 553,954
Professional Educators.............................................................. ?????? 15100???????????????????????? 843,200,570
Service Personnel...................................................................... ?????? 15200?????????? ????????????? 286,915,321
Fixed Charges............................................................................ ?????? 15300???????????????????????? 100,484,631
Transportation............................................................................ ?????? 15400?????????????????????????? 70,276,078
Professional Student Support Services..................................... ?????? 65500?????????????????????????? 36,952,999
Improved Instructional Programs............................................... ?????? 15600?????????????????????????? 49,131,108
21st Century Strategic Technology
Learning Growth............... ?????? 93600?????????? ??????????????? 20,756,981
Basic Foundation Allowances.................................................... ?????????????????????????????????????? 1,558,210,962
Less Local Share....................................................................... ?????????????????????????????????????? (454,486,958)
Adjustments................................................................................ ??????????????????????????? ?????????????? (2,441,341)
Total Basic State Aid.................................................................. ?????????????????????????????????????? 1,101,282,663
Public Employees? Insurance Matching..................................... ?????? 01200???????????????????????? 242,714,967
Teachers? Retirement System................................................... ?????? 01900?????????????????????????? 72,125,000
School Building Authority........................................................... ?????? 45300?????????????????????????? 23,424,770
Retirement Systems ? Unfunded
Liability.................................. ?????? 77500?????????? ????????????? 343,963,000
???? Total....................................................................................... ??????????????????????????? $???????? 1,783,510,400
45 - State Board of Education ?
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,275,473
Unclassified................................................................................ ?????? 09900??????????????????????????????? 268,800
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 882,131
Wood Products ? Forestry Vocational
Program........................ ?????? 14600????????????????????????????????? 68,993
Albert Yanni Vocational Program.............................................. ?????? 14700??????????????????????????????? 131,951
Vocational Aid............................................................................ ?????? 14800?????????????????????????? 22,216,196
Adult Basic Education................................................................ ?????? 14900???????????????????????????? 4,545,977
Program Modernization.............................................................. ?????? 30500??????????????????????????????? 884,313
High School Equivalency Diploma
Testing (R)......................... ?????? 72600??????????????????????????????? 778,815
FFA Grant Awards..................................................................... ?????? 83900????????????????????????????????? 11,496
Pre-Engineering Academy Program......................................... ?????? 84000?????????? ???????????????????? 265,294
???? Total....................................................................................... ??????????????????????????? $????????????? 31,329,439
??????????? Any
unexpended balances remaining in the appropriations for GED Testing (fund 0390,
appropriation 33900) and High School Equivalency Diploma Testing (fund 0390,
appropriation 72600) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
46 - State Board of Education ?
Division of Education Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 867,482
Unclassified................................................................................ ?????? 09900????????????????????????????????? 10,000
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 294,316
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,171,798
47 - State Board of Education ?
West Virginia Schools for the Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2018 Org 0403
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 11,304,805
Unclassified................................................................................ ?????? 09900??????????????????????????????? 110,000
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,988,129
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 85,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 70,000
Buildings (R).............................................................................. ?????? 25800????????????????????????????????? 85,000
Capital Outlay and Maintenance (R)......................................... ?????? 75500????????????????????????????????? 82,500
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????? 124,890
???? Total....................................................................................... ??????????????????????????? $????????????? 13,850,324
??????????? Any
unexpended balances remaining in the appropriations for Buildings (fund 0320,
appropriation 25800) and Capital Outlay and Maintenance (fund 0320,
appropriation 75500) at the close of the fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018.
DEPARTMENT OF EDUCATION AND THE ARTS
48 - Department of Education and the Arts ?
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2018 Org 0431
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 781,264
Unclassified................................................................................ ?????? 09900????????????????????????????????? 35,000
Center for Professional Development
(R)................................. ?????? 11500???????????????????????????? 1,490,833
Current Expenses...................................................................... ?????? 13000??????????????????????????????????? 6,562
WV Humanities Council............................................................. ?????? 16800??????????????????????????????? 250,000
Benedum Professional Development
Collaborative (R)............ ?????? 42700??????????????????????????????? 429,116
Governor?s Honors Academy (R).............................................. ?????? 47800??????????????????????????????? 977,760
Educational Enhancements....................................................... ?????? 69500??????????????????????????????? 196,000
S.T.E.M. Education and Grant Program.................................... ?????? 71900??????????????????????????????? 490,286
Energy Express.......................................................................... ?????? 86100??????????????????????????????? 382,935
BRIM Premium.......................................................................... ?????? 91300??????????????????????????????????? 4,870
Special Olympic Games............................................................ ?????? 96600?????????? ?????????????????????? 25,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 5,069,626
??????????? Any
unexpended balances remaining in the appropriations for Center for Professional
Development (fund 0294, appropriation 11500), Benedum Professional Development
Collaborative (fund 0294, appropriation 42700), Governor?s Honors Academy (fund
0294, appropriation 47800), and S.T.E.M. Education and Grant Program (fund
0294, appropriation 71900) at the close of the fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018, with the exception
of fund 0294, fiscal year 2017, appropriation 42700 ($66,416) which shall
expire on June 30, 2017.
???? ?????? From
the above appropriation for Educational Enhancements (fund 0294, appropriation
69500), $73,500 shall be used for the Clay Center and $122,500 for Reconnecting
McDowell ? Save the Children.
49 - Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2018 Org 0432
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,776,418
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 542,510
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000?????????????????????????????????????????? 1
Unclassified................................................................................ ?????? 09900????????????????????????????????? 28,483
Buildings (R).............................................................................. ?????? 25800?????????????????????????????????????????? 1
Other Assets............................................................................... ?????? 69000?????????????????????????????????????????? 1
Land (R)..................................................................................... ?????? 73000?????????????????????????????????????????? 1
Culture and History Programming............................................. ?????? 73200??????????????????????????????? 231,573
Capital Outlay and Maintenance (R)......................................... ?????? 75500????????????????????????????????? 19,600
Historical Highway Marker Program.......................................... ?????? 84400????????????????????????????????? 57,548
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 36,371
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,693,507
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
0293, appropriation 09900), Buildings (fund 0293, appropriation 25800), Capital
Outlay, Repairs and Equipment (fund 0293, appropriation 58900), Capital
Improvements ? Surplus (fund 0293, appropriation 66100), Capital Outlay,
Repairs and Equipment ? Surplus (fund 0293, appropriation 67700), Land (fund
0293, appropriation 73000), and Capital Outlay and Maintenance (fund 0293,
appropriation 75500) at the close of the fiscal year 2017 are hereby reappropriated
for expenditure during the fiscal year 2018.
??????????? The
Current Expense appropriation includes funding for the arts funds, department
programming funds, grants, fairs and festivals and Camp Washington Carver and
shall be expended only upon authorization of the Division of Culture and
History and in accordance with the provisions of Chapter 5A, Article 3, and
Chapter 12 of the Code.
50 - Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2018 Org 0433
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,275,211
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 137,674
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 6,500
Services to Blind & Handicapped.............................................. ?????? 18100??????????????????????????????? 161,717
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 16,734
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,597,836
51 - Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2018 Org 0439
Personal Services and Employee Benefits............................... ?????? 00100?????????? $??????????????? 3,245,141
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 20,146
Mountain Stage.......................................................................... ?????? 40700??????????????????????????????? 300,000
Capital Outlay and Maintenance............................................... ?????? 75500????????????????????????????????? 10,000
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 45,283
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,620,570
??????????? Any
unexpended balance remaining in the appropriation for Capital Outlay and
Maintenance (fund 0300, appropriation 75500) at the close of the fiscal year
2017 is hereby reappropriated for expenditure during the fiscal year 2018.
52 - State Board of Rehabilitation ?
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2018 Org 0932
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 10,488,256
Independent Living Services..................................................... ?????? 00900??????????????????????????????? 429,418
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 545,202
Workshop Development............................................................ ?????? 16300???????????????????????????? 1,817,427
Supported Employment Extended Services.............................. ?????? 20600????????????????????????????????? 77,960
Ron Yost Personal Assistance Fund......................................... ?????? 40700??????????????????????????????? 333,828
Employment Attendant Care Program...................................... ?????? 59800??????????????????????????????? 131,575
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 72,396
???? Total....................................................................................... ??????????????????????????? $????????????? 13,896,062
??????????? From
the above appropriation for Workshop Development (fund 0310, appropriation
16300), funds shall be used exclusively with the private nonprofit community
rehabilitation program organizations known as work centers or sheltered
workshops. The appropriation shall also be used to continue the support of the
program, services, and individuals with disabilities currently in place at
those organizations.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
53 - Environmental Quality Board
(WV Code Chapter 20)
Fund 0270 FY 2018 Org 0311
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 70,636
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 28,586
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 100
Equipment.................................................................................. ?????? 07000?????????????????????????????????????? 300
Other Assets............................................................................... ?????? 69000?????????????????????????????????????? 400
BRIM Premium.......................................................................... ?????? 91300?????????? ??????????????????????????? 739
???? Total....................................................................................... ??????????????????????????? $?????????????????? 100,761
54 - Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,921,861
Water Resources Protection and
Management........................ ?????? 06800??????????????????????????????? 568,778
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 95,737
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 4,950
Unclassified................................................................................ ?????? 09900????????????????????????????????? 25,049
Dam Safety................................................................................ ?????? 60700??????????????????????????????? 210,959
Equipment.................................................................................. ?????? 07000?????????????????????????????????????????? 0
West Virginia Stream Partners Program................................... ?????? 63700????????????????????????????????? 77,396
Meth Lab Cleanup...................................................................... ?????? 65600??????????????????????????????? 200,496
Other Assets............................................................................... ?????? 69000??????????????????????????????????? 1,000
WV Contributions to River Commissions.................................. ?????? 77600??????????????????????????????? 148,485
Office of Water Resources
Non-Enforcement Activity.............. ?????? 85500?????????? ???????????????????? 915,636
???? Total....................................................................................... ??????????????????????????? $??????????????? 6,170,347
??????????? A
portion of the appropriations for Current Expense (fund 0273, appropriation
13000) and Dam Safety (fund 0273, appropriation 60700) may be transferred to
the special revenue fund Dam Safety Rehabilitation Revolving Fund (fund 3025)
for the state deficient dams rehabilitation assistance program.
55 - Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2018 Org 0325
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 59,866
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 12,183
Repairs and Alterations.............................................................. ?????? 06400???????????????????????????????????????? 50
Equipment.................................................................................. ?????? 07000?????????????????????????????????????? 300
Other Assets............................................................................... ?????? 69000?????????????????????????????????????? 200
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 2,153
???? Total....................................................................................... ??????????????????????????? $???????????????????? 74,752
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
56 - Department of Health and Human
Resources ?
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2018 Org 0501
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 373,601
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 8,014
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 48,833
Women?s Commission (R)......................................................... ?????? 19100?????????????????????????????????????????? 0
Commission for the Deaf and Hard of
Hearing......................... ?????? 70400?????????? ???????????????????? 215,479
???? Total....................................................................................... ??????????????????????????? $?????????????????? 645,927
??????????? Any
unexpended balance remaining in the appropriation for the Women?s Commission
(fund 0400, appropriation 19100) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
57 - Division of Health ?
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 12,048,586
Chief Medical Examiner............................................................. ?????? 04500???????????????????????????? 5,954,317
Unclassified................................................................................ ?????? 09900??????????????????????????????? 691,862
Current Expenses...................................................................... ?????? 13000???????????????????????????? 4,640,355
State Aid for Local and Basic Public
Health Services............... ?????? 18400?????????????????????????? 12,645,160
Safe Drinking Water Program (R).............................................. ?????? 18700???????????????????????????? 2,167,723
Women, Infants and Children.................................................... ?????? 21000????????????????????????????????? 38,621
Early Intervention....................................................................... ?????? 22300???????????????????????????? 8,134,060
Cancer Registry......................................................................... ?????? 22500??????????????????????????????? 195,868
CARDIAC Project...................................................................... ?????? 37500?????????????????????????????????????????? 0
Statewide EMS Program Support (R)....................................... ?????? 38300???????????????????????????? 2,298,605
Black Lung Clinics...................................................................... ?????? 46700??????????????????????????????? 170,885
Center for End of Life................................................................. ?????? 54500?????????????????????????????????????????? 0
Vaccine for Children................................................................... ?????? 55100??????????????????????????????? 332,942
Tuberculosis Control.................................................................. ?????? 55300??????????????????????????????? 364,556
Maternal and Child Health Clinics,
Clinicians
???? Medical
Contracts and Fees (R)........................................... ?????? 57500???????????????????????????? 6,327,015
Epidemiology Support................................................................ ?????? 62600???????????????????????????? 1,492,573
Primary Care Support................................................................ ?????? 62800???????????????????????????? 4,665,575
Sexual Assault Intervention and Prevention.............................. ?????? 72300??????????????????????????????? 125,000
Health Right Free Clinics........................................................... ?????? 72700???????????????????????????? 2,750,000
Capital Outlay and Maintenance (R)......................................... ?????? 75500??????????????????????????????? 100,000
Healthy Lifestyles....................................................................... ?????? 77800?????????????????????????????????????????? 0
Maternal Mortality Review......................................................... ?????? 83400????????????????????????????????? 46,563
Osteoporosis and Arthritis Prevention....................................... ?????? 84900?????????????????????????????????????????? 0
Diabetes Education and Prevention.......................................... ?????? 87300????????????????????????????????? 97,125
Tobacco Education Program (R)............................................... ?????? 90600?????????????????????????????????????????? 0
BRIM Premium.......................................................................... ?????? 91300??????????????????????????????? 228,111
State Trauma and Emergency Care System............................ ?????? 91800?????????? ????????????????? 1,986,847
???? Total....................................................................................... ????????????????????????????????????????? $67,502,349
??????????? Any
unexpended balances remaining in the appropriations for Safe Drinking Water
Program (fund 0407, appropriation 18700), Statewide EMS Program Support (fund
0407, appropriation 38300), Maternal and Child Health Clinics, Clinicians and
Medical Contracts and Fees (fund 0407, appropriation 57500), Capital Outlay and
Maintenance (fund 0407, appropriation 75500), Emergency Response Entities ?
Special Projects (fund 0407, appropriation 82200), Assistance to Primary Health
Care Centers Community Health Foundation (fund 0407, appropriation 84500), and
Tobacco Education Program (fund 0407, appropriation 90600) at the close of the
fiscal year 2017 are hereby reappropriated for expenditure during the fiscal
year 2018; Provided that on June 30, 2017, the following reappropriated funds
and amounts be transferred to the Division of Human Services - Medical Services
Trust Fund, fund 5185: Fund 0407 appropriation 84500, Assistance to Primary
Health Care Centers Community Health Foundation, $2,473,236; fund 0407,
appropriation 82200, Emergency Response Entities ? Special Projects, $441,303;
and fund 0407, appropriation 75500, Capital Outlay and Maintenance, $6,000,000.
??????????? From
the above appropriation for Current Expenses (fund 0407, appropriation 13000),
an amount not less than $100,000 is for the West Virginia Cancer Coalition;
$50,000 shall be expended for the West Virginia Aids Coalition; $100,000 is for
Adolescent Immunization Education; $73,065 is for informal dispute resolution
relating to nursing home administrative appeals; and $50,000 is for Hospital
Hospitality House of Huntington.
??????????? From
the above appropriation for Maternal and Child Health Clinics, Clinicians and
Medical Contracts and Fees (fund 0407, appropriation 57500) up to $400,000 may
be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund
(fund 5197) and $11,000 is for the Marshall County Health Department for dental
services.
58 - Consolidated Medical Services Fund
(WV Code Chapter 16)
Fund 0525 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,554,852
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 12,463
Behavioral Health Program (R)................................................. ?????? 21900?????????????????????????? 64,415,611
Family Support Act.................................................................... ?????? 22100??????????????????????????????? 251,226
Institutional Facilities Operations
(R)......................................... ?????? 33500???????????????????????? 105,067,434
Substance Abuse Continuum of Care (R)................................. ?????? 35400???????????????????????????? 5,000,000
Capital Outlay and Maintenance (R)......................................... ?????? 75500??????????????????????????????? 950,000
Renaissance Program............................................................... ?????? 80400??????????????????????????????? 165,996
BRIM Premium.......................................................................... ?????? 91300?????????? ????????????????? 1,211,307
???? Total....................................................................................... ??????????????????????????? $??????????? 178,628,889
??????????? Any
unexpended balances remaining in the appropriations for Behavioral Health
Program (fund 0525, appropriation 21900), Institutional Facilities Operations
(fund 0525, appropriation 33500), Substance Abuse Continuum of Care (fund 0525,
appropriation 35400), Capital Outlay (fund 0525, appropriation 51100),
Behavioral Health Program ? Surplus (fund 0525, appropriation 63100),
Institutional Facilities Operations ? Surplus (fund 0525, appropriation 63200),
Substance Abuse Continuum of Care ? Surplus (fund 0525, appropriation 72200),
and Capital Outlay and Maintenance (fund 0525, appropriation 75500) at the
close of the fiscal year 2017 are hereby reappropriated for expenditure during
the fiscal year 2018.
??????????? Notwithstanding
the provisions of Title I, section three of this bill, the secretary of the
Department of Health and Human Resources shall have the authority to transfer funds
within the above appropriations: Provided,
That no more than five percent of the funds appropriated to one appropriation
may be transferred to other appropriations: Provided,
however, That no funds from other appropriations shall be transferred to
the personal services and employee benefits appropriation.
??????????? Included
in the above appropriation for Behavioral Health Program (fund 0525,
appropriation 21900) is $100,000 for the Healing Place of Huntington.
??????????? From
the above appropriation for Institutional Facilities Operations (fund 0525,
appropriation 33500), together with available funds from the Division of Health
? Hospital Services Revenue Account (fund 5156, appropriation 33500), on July
1, 2017, the sum of $160,000 shall be transferred to the Department of
Agriculture ? Land Division ? Farm Operating Fund (1412) as advance payment for
the purchase of food products; actual payments for such purchases shall not be
required until such credits have been completely expended.
??????????? The
above appropriation for Institutional Facilities Operations (fund 0525,
appropriation 33500) contains prior year salary increases due to the Hartley
court order in the amount of $2,202,013 for William R. Sharpe Jr. Hospital, and
$2,067,984 for Mildred Mitchel-Bateman Hospital.
??????????? From
the above appropriation for Substance Abuse Continuum of Care (fund 0525,
appropriation 35400), the funding will be consistent with the goal areas
outlined in the Comprehensive Substance Abuse Strategic Action Plan.
??????????? Additional
funds have been appropriated in fund 5156, fiscal year 2018, organization 0506,
for the operation of the institutional facilities. The secretary of the
Department of Health and Human Resources is authorized to utilize up to ten
percent of the funds from the Institutional Facilities Operations appropriation
to facilitate cost effective and cost saving services at the community level.
59 - Division of Health ?
West Virginia Drinking Water Treatment
(WV Code Chapter 16)
Fund 0561 FY 2018 Org 0506
West Virginia Drinking Water Treatment
???? Revolving
Fund-Transfer....................................................... ?????? 68900?????????? $?????????????????? 647,500
??????????? The
above appropriation for Drinking Water Treatment Revolving Fund ? Transfer
shall be transferred to the West Virginia Drinking Water Treatment Revolving
Fund or appropriate bank depository and the Drinking Water Treatment Revolving
? Administrative Expense Fund as provided by Chapter 16 of the Code.
60 - Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2018 Org 0510
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 908,017
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 4,024
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 191,766
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 10,056
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,113,863
61 - Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2018 Org 0511
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 43,080,824
Unclassified................................................................................ ?????? 09900???????????????????????????? 5,688,944
Current Expenses...................................................................... ?????? 13000?????????????????????????? 11,861,920
Child Care Development............................................................ ?????? 14400?????????????????????????? 12,541,247
Medical Services Contracts and Office
of Managed Care........ ?????? 18300???????????????????????????? 1,835,469
Medical Services........................................................................ ?????? 18900???????????????????????? 350,680,022
Social Services.......................................................................... ?????? 19500???????????????????????? 142,485,812
Family Preservation Program.................................................... ?????? 19600???????????????????????????? 1,565,000
Family Resource Networks........................................................ ?????? 27400???????????????????????????? 1,762,464
Domestic Violence Legal Services Fund................................... ?? ??? 38400??????????????????????????????? 400,000
James ?Tiger? Morton Catastrophic
Illness Fund...................... ?????? 45500??????????????????????????????? 101,005
I/DD Waiver................................................................................ ?????? 46600?????????????????????????? 88,753,483
Child Protective Services Case Workers................................... ?????? 46800?????????????????????????? 22,446,545
OSCAR and RAPIDS................................................................ ?????? 51500???????????????????????????? 6,405,873
Title XIX Waiver for Seniors....................................................... ?????? 53300?????????????????????????? 13,593,620
WV Teaching Hospitals Tertiary/Safety
Net.............................. ?????? 54700???????????????????????????? 6,356,000
Child Welfare System................................................................ ?????? 60300???????????????????????????? 1,250,959
In-Home Family Education......................................................... ?????? 68800???????????????????????????? 1,000,000
WV Works Separate State Program.......................................... ?????? 69800???????????????????????????? 1,935,000
Child Support Enforcement....................................................... ?????? 70500???????????????????????????? 6,260,676
Medicaid Auditing....................................................................... ?????? 70600??????????????????????????????? 606,750
Temporary Assistance for Needy
Families/
???? Maintenance
of Effort............................................................ ?????? 70700?????????????????????????? 22,969,096
Child Care ? Maintenance of Effort
Match................................ ?????? 70800???????????????????????????? 5,693,743
Child and Family Services......................................................... ?????? 73600???????????????????????????? 2,850,000
Grants for Licensed Domestic Violence
???? Programs
and Statewide Prevention.................................... ?????? 75000???????????????????????????? 2,500,000
Capital Outlay and Maintenance (R)......................................... ?????? 75500????????????????????????????????? 11,875
Community Based Services and Pilot
Programs for Youth....... ?????? 75900???????????????????????????? 1,000,000
Medical Services Administrative Costs...................................... ?????? 78900?????????????????????????? 35,609,925
Traumatic Brain Injury Waiver................................................... ?????? 83500??????????????????????????????? 800,000
Indigent Burials (R).................................................................... ?????? 85100???????????????????????????? 2,050,000
BRIM Premium.......................................................................... ?????? 91300??????????????????????????????? 834,187
Rural Hospitals Under 150 Beds............................................... ?????? 94000???????????????????????????? 2,596,000
Children?s Trust Fund ? Transfer............................................... ?????? 95100?????????? ???????????????????? 220,000
???? Total....................................................................................... ??????????????????????????? $??????????? 797,746,439
??????????? Any
unexpended balances remaining in the appropriations for Capital Outlay and
Maintenance (fund 0403, appropriation 75500) and Indigent Burials (fund 0403,
appropriation 85100) at the close of the fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018.
??????????? Notwithstanding
the provisions of Title I, section three of this bill, the secretary of the
Department of Health and Human Resources shall have the authority to transfer
funds within the above appropriations: Provided,
That no more than five percent of the funds appropriated to one appropriation
may be transferred to other appropriations: Provided,
however, That no funds from other appropriations shall be transferred to
the personal services and employee benefits appropriation.
??????????? The
secretary shall have authority to expend funds for the educational costs of
those children residing in out-of-state placements, excluding the costs of
special education programs.
??????????? Included
in the above appropriation for Social Services (fund 0403, appropriation 19500)
is funding for continuing education requirements relating to the practice of
social work.
??????????? The
above appropriation for Domestic Violence Legal Services Fund (fund 0403,
appropriation 38400) shall be transferred to the Domestic Violence Legal
Services Fund (fund 5455).
??????????? The
above appropriation for James ?Tiger? Morton Catastrophic Illness Fund (fund
0403, appropriation 45500) shall be transferred to the James ?Tiger? Morton
Catastrophic Illness Fund (fund 5454) as provided by Article 5Q, Chapter 16 of
the Code.
??????????? The
above appropriation for WV Works Separate State Program (fund 0403,
appropriation 69800), shall be transferred to the WV Works Separate State
College Program Fund (fund 5467), and the WV Works Separate State Two-Parent
Program Fund (fund 5468) as determined by the secretary of the Department of
Health and Human Resources.
??????????? From
the above appropriation for Child Support Enforcement (fund 0403, appropriation
70500) an amount not to exceed $300,000 may be transferred to a local banking
depository to be utilized to offset funds determined to be uncollectible.
??????????? From
the above appropriation for the Grants for Licensed Domestic Violence Programs
and Statewide Prevention (fund 0403, appropriation 75000), 50% of the total
shall be divided equally and distributed among the fourteen (14) licensed
programs and the West Virginia Coalition Against Domestic Violence (WVCADV).
The balance remaining in the appropriation for Grants for Licensed Domestic
Violence Programs and Statewide Prevention (fund 0403, appropriation 75000), shall
be distributed according to the formula established by the Family Protection
Services Board.
??????????? The
above appropriation for Children?s Trust Fund ? Transfer (fund 0403,
appropriation 95100) shall be transferred to the Children?s Trust Fund (fund
5469, org 0511).
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
62 - Department of Military Affairs and
Public Safety ?
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2018 Org 0601
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 711,738
Unclassified (R).......................................................................... ?????? 09900????????????????????????????????? 21,719
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 66,492
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 6,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 3,000
Fusion Center (R)...................................................................... ?????? 46900??????????????????????????????? 437,665
Other Assets............................................................................... ?????? 69000??????????????????????????????????? 3,000
Directed Transfer....................................................................... ?????? 70000????????????????????????????????? 32,000
BRIM Premium.......................................................................... ?????? 91300????????????????????????????????? 11,938
WV Fire and EMS Survivor Benefit (R)..................................... ?????? 93900??????????????????????????????? 250,000
Homeland State Security Administrative
Agency (R)................ ?????? 95300?????????? ???????????????????? 385,850
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,929,402
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
0430, appropriation 09900), Fusion Center (fund 0430, appropriation 46900),
Substance Abuse Program ? Surplus (fund 0430, appropriation 69600), Justice
Reinvestment Training ? Surplus (fund 0430, appropriation 69900), WV Fire and
EMS Survivor Benefit (fund 0430, appropriation 93900), and Homeland State
Security Administrative Agency (fund 0430, appropriation 95300), at the close
of the fiscal year 2017 are hereby reappropriated for expenditure during the
fiscal year 2018, with the exception of fund 0430, fiscal year 2017,
appropriation 93900 ($50,000) which shall expire on June 30, 2017.
??????????? The
above appropriation for Directed Transfer (fund 0430, appropriation 70000)
shall be transferred to the Law-Enforcement, Safety and Emergency Worker
Funeral Expense Payment Fund (fund 6003).
63 - Adjutant General ?
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2018 Org 0603
Unclassified................................................................................ ?????? 09900?????????? $????????????? 11,839,780
College Education Fund............................................................. ?????? 23200?????????????????????????????????????????? 0
Civil Air Patrol............................................................................. ?????? 23400??????????????????????????????? 249,219
Mountaineer ChalleNGe Academy............................................ ?????? 70900???????????????????????????? 1,500,000
Armory Board Transfer.............................................................. ?????? 70015?????????????????????????????????????????? 0
Military Authority......................................................................... ?????? 74800?????????? ??????????????????????????????? 0
???? Total....................................................................................... ??????????????????????????? $????????????? 13,588,999
??????????? Any
unexpended balance remaining in the appropriations for Unclassified (fund 0433,
appropriation 09900) and Military Authority (fund 0433, appropriation 74800) at
the close of the fiscal year 2017 is hereby reappropriated for expenditure
during the fiscal year 2018.
??????????? From
the above appropriations an amount approved by the Adjutant General and the
secretary of Military Affairs and Public Safety may be transferred to the State
Armory Board for operation and maintenance of National Guard Armories.
??????????? The
adjutant general shall have the authority to transfer between appropriations.
??????????? From
the above appropriation and other state and federal funding, the Adjutant
General shall provide an amount not less than $4,500,000 to the Mountaineer
ChalleNGe Academy to meet anticipated program demand.
??????????? The
above appropriation for Civil Air Patrol (fund 0433, appropriation 23400) shall
be distributed equally to each of the twelve Civil Air Patrol Squadrons.
64 - Adjutant General ?
Military Fund
(WV Code Chapter 15)
Fund 0605 FY 2018 Org 0603
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 100,000
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 57,775
???? Total....................................................................................... ??????????????????????????? $?????????????????? 157,775
65 - West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2018 Org 0605
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 382,952
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 194,559
Salaries of Members of West Virginia
Parole Board................. ?????? 22700??????????????????????????????? 593,029
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 5,747
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,176,287
??????????? The
above appropriation for Salaries of Members of West Virginia Parole Board (fund
0440, appropriation 22700) includes funding for salary, annual increment (as
provided for in W.Va. Code ?5-5-1), and related employee benefits of board
members.
66 - Division of Homeland Security and
Emergency Management
(WV Code Chapter 15)
Fund 0443 FY 2018 Org 0606
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 537,175
Unclassified................................................................................ ?????? 09900????????????????????????????????? 26,342
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 40,962
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 600
Radiological Emergency Preparedness.................................... ?????? 55400????????????????????????????????? 17,230
Federal Funds/Grant Match (R)................................................. ?????? 74900??????????????????????????????? 660,991
Mine and Industrial Accident Rapid
???? Response
Call Center........................................................... ?????? 78100??????????????????????????????? 454,189
Early Warning Flood System (R)............................................... ?????? 87700??????????????????????????????? 469,506
BRIM Premium.......................................................................... ?????? 91300????????????????????????????????? 20,786
WVU Charleston Poison Control Hotline................................... ?????? 94400?????????? ???????????????????? 712,942
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,940,723
??????????? Any
unexpended balances remaining in the appropriations for Federal Funds/Grant
Match (fund 0443, appropriation 74900), Early Warning Flood System (fund 0443,
appropriation 87700), and Disaster Mitigation (fund 0443, appropriation 95200)
at the close of the fiscal year 2017 are hereby reappropriated for expenditure
during the fiscal year 2018, with the exception of fund 0443, fiscal year 2017,
appropriation 87700 ($9,500) which shall expire on June 30, 2017.
67 - Division of Corrections ?
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2018 Org 0608
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 581,526
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????????? 1,800
???? Total....................................................................................... ??????????????????????????? $?????????????????? 583,326
68 - Division of Corrections ?
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2018 Org 0608
Employee Benefits..................................................................... ?????? 01000?????????? $??????????????? 1,258,136
Children?s Protection Act (R)..................................................... ?????? 09000??????????????????????????????? 838,437
Unclassified (R).......................................................................... ?????? 09900???????????????????????????? 1,478,800
Current Expenses (R)................................................................ ?????? 13000?????????????????????????? 20,151,011
Facilities Planning and Administration
(R)................................. ?????? 38600???????????????????????????? 1,166,627
Charleston Correctional Center ................................................ ?????? 45600???????????????????????????? 2,609,672
Beckley Correctional Center...................................................... ?????? 49000???????????????????????????? 1,790,364
Huntington Work Release Center.............................................. ?????? 49500??????????????????????????????? 990,100
Anthony Correctional Center..................................................... ?????? 50400???????????????????????????? 4,940,533
Huttonsville Correctional Center................................................ ?????? 51400?????????????????????????? 19,966,539
Northern Correctional Center..................................................... ?????? 53400???????????????????????????? 6,798,279
Inmate Medical Expenses (R)................................................... ?????? 53500?????????????????????????? 21,226,064
Pruntytown Correctional Center................................................. ?????? 54300???????????????????????????? 6,910,326
Corrections Academy................................................................ ?????? 56900???????????????????????????? 1,416,819
Information Technology Services.............................................. ?????? 59901???????????????????????????? 1,616,491
Martinsburg Correctional Center................................................ ?????? 66300???????????????????????????? 3,488,534
Parole Services.......................................................................... ?????? 68600???????????????????????????? 4,981,198
Special Services........................................................................ ?????? 68700???????????????????????????? 6,122,439
Investigative Services................................................................ ?????? 71600???????????????????????????? 3,001,604
Capital Outlay and Maintenance (R)......................................... ?????? 75500???????????????????????????? 2,000,000
Salem Correctional Center........................................................ ?????? 77400???????????????????????????? 9,625,650
McDowell County Correctional Center...................................... ?????? 79000???????????????????????????? 1,949,983
Stevens Correctional Center...................................................... ?????? 79100???????????????????????????? 6,474,500
Parkersburg Correctional Center............................................... ?????? 82800???????????????????????????? 2,417,670
St. Mary?s Correctional Center................................................... ?????? 88100?????????????????????????? 12,075,450
Denmar Correctional Center...................................................... ?????? 88200???????????????????????????? 4,264,286
Ohio County Correctional Center............................................... ?????? 88300???????????????????????????? 1,713,335
Mt. Olive Correctional Complex................................................. ?????? 88800?????????????????????????? 18,968,873
Lakin Correctional Center.......................................................... ?????? 89600???????????????????????????? 8,611,795
BRIM Premium.......................................................................... ?????? 91300?????????? ????????????????? 2,359,770
???? Total....................................................................................... ??????????????????????????? $??????????? 181,213,285
??????????? Any
unexpended balances remaining in the appropriations for Children?s Protection
Act (fund 0450, appropriation 09000), Unclassified ? Surplus (fund 0450,
appropriation 09700), Current Expenses (fund 0450, appropriation 13000), Facilities
Planning and Administration (fund 0450, appropriation 38600), Inmate Medical
Expenses (fund 0450, appropriation 53500), Capital Improvements ? Surplus (fund
0450, appropriation 66100), Capital Outlay, Repairs and Equipment ? Surplus
(fund 0450, appropriation 67700), Capital Outlay and Maintenance (fund 0450,
appropriation 75500), Security System Improvements ? Surplus (fund 0450,
appropriation 75501), and Operating Expenses ? Surplus (fund 0450,
appropriation 77900) at the close of the fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018, with the exception
of fund 0450, fiscal year 2017, appropriation 09000 ($100,000) which shall
expire on June 30, 2017.
??????????? The
Commissioner of Corrections shall have the authority to transfer between
appropriations to the individual correctional units above and may transfer
funds from the individual correctional units to Current Expenses (fund 0450,
appropriation 13000) or Inmate Medical Expenses (fund 0450, appropriation
53500).
??????????? From
the above appropriation to Unclassified (fund 0450, appropriation 09900), on
July 1, 2017, the sum of $300,000 shall be transferred to the Department of
Agriculture ? Land Division ? Farm Operating Fund (1412) as advance payment for
the purchase of food products; actual payments for such purchases shall not be
required until such credits have been completely expended.
??????????? From
the above appropriation to Current Expenses (fund 0450, appropriation 13000)
payment shall be made to house Division of Corrections inmates in federal,
county, and /or regional jails.
??????????? Any
realized savings from Energy Savings Contract may be transferred to Facilities
Planning and Administration (fund 0450, appropriation 38600).
69 - West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2018 Org 0612
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 56,708,867
Children?s Protection Act........................................................... ?????? 09000??????????????????????????????? 948,101
Current Expenses...................................................................... ?????? 13000?????????????????????????? 10,309,769
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 450,523
Barracks Lease Payments......................................................... ?????? 55600??????????????????????????????? 237,898
Communications and Other Equipment (R).............................. ?????? 55800????????????????????????????????? 70,968
Trooper Retirement Fund........................................................... ?????? 60500???????????????????????????? 4,654,942
Handgun Administration Expense............................................. ?????? 74700????????????????????????????????? 67,692
Capital Outlay and Maintenance (R)......................................... ?????? 75500??????????????????????????????? 250,000
Retirement Systems ? Unfunded
Liability.................................. ?????? 77500?????????????????????????? 24,675,000
Automated Fingerprint Identification
System............................ ?????? 89800??????????????????????????????? 723,064
BRIM Premium.......................................................................... ?????? 91300?????????? ????????????????? 5,368,150
???? Total....................................................................................... ??????????????????????????? $??????????? 104,464,974
??????????? Any
unexpended balances remaining in the appropriations for Communications and
Other Equipment (fund 0453, appropriation 55800), and Capital Outlay and
Maintenance (fund 0453, appropriation 75500) at the close of the fiscal year
2017 are hereby reappropriated for expenditure during the fiscal year 2018.
??????????? From
the above appropriation for Personal Services and Employee Benefits (fund 0453,
appropriation 00100), an amount not less than $25,000 shall be expended to
offset the costs associated with providing police services for the West
Virginia State Fair.
70 - Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2018 Org 0619
Current Expenses...................................................................... ?????? 13000?????????? $???????????????????? 64,021
71 - Division of Justice and Community
Services
(WV Code Chapter 15)
Fund 0546 FY 2018 Org 0620
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 531,051
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 132,696
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,804
Child Advocacy Centers (R)...................................................... ?????? 45800???????????????????????????? 1,701,671
Community Corrections (R)....................................................... ?????? 56100???????????????????????????? 6,907,760
Statistical Analysis Program...................................................... ?????? 59700????????????????????????????????? 46,381
Sexual Assault Forensic Examination
Commission.................. ?????? 71400????????????????????????????????? 76,231
Qualitative Analysis and Training for
Youth Services (R)......... ?????? 76200??????????????????????????????? 332,619
Law Enforcement Professional Standards................................ ?????? 83800??????????????????????????????? 154,471
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 1,788
????? Total...................................................................................... ??????????????????????????? $??????????????? 9,886,472
??????????? Any
unexpended balances remaining in the appropriations for Child Advocacy Centers
(fund 0546, appropriation 45800), Community Corrections (fund 0546,
appropriation 56100), and Qualitative Analysis and Training for Youth Services
(fund 0546, appropriation 76200) at the close of the fiscal year 2017 are
hereby reappropriated for expenditure during the fiscal year 2018, with the
exception of fund 0546, fiscal year 2017, appropriation 56100 ($172,000), and
fund 0546, fiscal year 2017, appropriation 76200 ($29,878) which shall expire
on June 30, 2017.
??????????? From
the above appropriation for Child Advocacy Centers (fund 0546, appropriation
45800), the division may retain an amount not to exceed four percent of the
appropriation for administrative purposes.
72 - Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2018 Org 0621
Statewide Reporting Centers..................................................... ?????? 26200?????????? $??????????????? 6,279,447
Robert L. Shell Juvenile Center................................................. ?????? 26700???????????????????????????? 1,956,950
Resident Medical Expenses (R)................................................ ?????? 53501???????????????????????????? 3,604,999
Central Office............................................................................. ?????? 70100???????????????????????????? 2,307,517
Capital Outlay and Maintenance (R)......................................... ?????? 75500??????????????????????????????? 250,000
Gene Spadaro Juvenile Center................................................. ?????? 79300???????????????????????????? 2,128,385
BRIM Premium.......................................................................... ?????? 91300??????????????????????????????? 108,380
Kenneth Honey Rubenstein Juvenile
Center (R)...................... ?????? 98000???????????????????????????? 4,926,863
Vicki Douglas Juvenile Center................................................... ?????? 98100???????????????????????????? 1,870,388
Northern Regional Juvenile Center........................................... ?????? 98200???????????????????????????? 2,876,302
Lorrie Yeager Jr. Juvenile Center.............................................. ?????? 98300???????????????????????????? 1,909,246
Sam Perdue Juvenile Center..................................................... ?????? 98400???????????????????????????? 2,003,196
Tiger Morton Center................................................................... ?????? 98500???????????????????????????? 2,114,663
Donald R. Kuhn Juvenile Center............................................... ?????? 98600???????????????????????????? 4,057,994
J.M. ?Chick? Buckbee Juvenile Center...................................... ?????? 98700?????????? ????????????????? 2,017,395
????? Total...................................................................................... ??????????????????????????? $????????????? 38,411,725
??????????? Any
unexpended balances remaining in the appropriations for Resident Medical
Expenses (fund 0570, appropriation 53501), Capital Outlay and Maintenance (fund
0570, appropriation 75500), and Kenneth Honey Rubenstein Juvenile Center (fund
0570, appropriation 98000) at the close of the fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018.
??????????? From
the above appropriations, on July 1, 2017, the sum of $50,000 shall be
transferred to the Department of Agriculture ? Land Division ? Farm Operating
Fund (1412) as advance payment for the purchase of food products; actual
payments for such purchases shall not be required until such credits have been
completely expended.
??????????? The
Director of Juvenile Services shall have the authority to transfer between
appropriations to the individual juvenile centers above and may transfer funds
from the individual juvenile centers to Resident Medical Expenses (fund 0570,
appropriation 53501).
73 - Division of Protective Services
(WV Code Chapter 5F)
Fund 0585 FY 2018 Org 0622
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,601,257
Unclassified (R).......................................................................... ?????? 09900????????????????????????????????? 21,991
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 139,232
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 8,500
Equipment (R)............................................................................ ?????? 07000????????????????????????????????? 64,171
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 11,426
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,846,577
??????????? Any
unexpended balances remaining in the appropriations for Equipment (fund 0585,
appropriation 07000), and Unclassified (fund 0585, appropriation 09900) at the
close of the fiscal year 2017 are hereby reappropriated for expenditure during
the fiscal year 2018.
DEPARTMENT OF REVENUE
74 - Office of the Secretary
(WV Code Chapter 11)
Fund 0465 FY 2018 Org 0701
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 487,270
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 5,954
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 80,633
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,262
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 8,000
Other Assets............................................................................... ?????? 69000?????????? ??????????????????????????? 500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 583,619
??????????? Any
unexpended balance remaining in the appropriation for Unclassified ? Total
(fund 0465, appropriation 09600) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
75 - Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2018 Org 0702
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 15,773,677
Unclassified (R).......................................................................... ?????? 09900??????????????????????????????? 224,578
Current Expenses (R)................................................................ ?????? 13000???????????????????????????? 5,245,381
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 10,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 50,000
Tax Technology Upgrade........................................................... ?????? 09400???????????????????????????? 2,700,000
Multi State Tax Commission...................................................... ?????? 65300????????????????????????????????? 77,958
Other Assets............................................................................... ?????? 69000????????????????????????????????? 10,000
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 14,560
???? Total....................................................................................... ??????????????????????????? $????????????? 24,106,154
??????????? Any
unexpended balances remaining in the appropriations for Personal Services and
Employee Benefits (fund 0470, appropriation 00100), Unclassified (fund 0470,
appropriation 09900), Current Expenses (fund 0470, appropriation 13000), and
GIS Development Project (fund 0470, appropriation 56200) at the close of the
fiscal year 2017 are hereby reappropriated for expenditure during the fiscal
year 2018.
76 - State Budget Office
(WV Code Chapter 11B)
Fund 0595 FY 2018 Org 0703
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 631,045
Unclassified (R).......................................................................... ?????? 09900?????????? ??????????????????????????? 129
???? Total....................................................................................... ??????????????????????????? $?????????????????? 631,174
??????????? Any
unexpended balance remaining in the appropriation for Unclassified (fund 0595,
appropriation 09900) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
77 - West Virginia Office of Tax Appeals
(WV Code Chapter 11)
Fund 0593 FY 2018 Org 0709
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 414,391
Current Expenses (R)................................................................ ?????? 13000????????????????????????????????? 92,542
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 5,255
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 2,862
???? Total....................................................................................... ??????????????????????????? $?????????????????? 515,050
??????????? Any
unexpended balance remaining in the appropriation for Current Expenses (fund
0593, appropriation 13000) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
78 - Division of Professional and
Occupational Licenses ?
State Athletic Commission
(WV Code Chapter 29)
Fund 0523 FY 2018 Org 0933
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????????? 7,200
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 27,634
???? Total....................................................................................... ??????????????????????????? $???????????????????? 34,834
DEPARTMENT OF TRANSPORTATION
79 - State Rail Authority
(WV Code Chapter 29)
Fund 0506 FY 2018 Org 0804
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 304,238
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 287,332
Other Assets (R)........................................................................ ?????? 69000???????????????????????????? 1,303,277
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????? 188,356
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,083,203
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
0506, appropriation 09900) and Other Assets (fund 0506, appropriation 69000) at
the close of the fiscal year 2016 are hereby reappropriated for expenditure
during the fiscal year 2017, with the exception of fund 0506, fiscal year 2016,
appropriation 69000 ($25,000) which shall expire on June 30, 2016.
80 - Division of Public Transit
(WV Code Chapter 17)
Fund 0510 FY 2018 Org 0805
Equipment (R)............................................................................ ?????? 07000?????????? $?????????????????? 417,194
Current Expenses (R)................................................................ ?????? 13000?????????? ????????????????? 1,757,998
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,175,192
??????????? Any
unexpended balances remaining in the appropriations for Equipment (fund 0510,
appropriation 07000), Current Expenses (fund 0510, appropriation 13000),
Buildings (fund 0510, appropriation 25800), and Other Assets (fund 0510,
appropriation 69000) at the close of the fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018, with the exception
of fund 0510, fiscal year 2017, appropriation 07000 ($22,203), fund 0510,
fiscal year 2017, appropriation 25800 ($5,281), and fund 0510, fiscal year
2017, appropriation 69000 ($5,000) which shall expire on June 30, 2017.
81 - Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2018 Org 0807
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 168,368
Current Expenses (R)................................................................ ?????? 13000??????????????????????????????? 711,614
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 100
Civil Air Patrol............................................................................. ?????? 23400?????????????????????????????????????????? 0
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 4,148
???? Total....................................................................................... ??????????????????????????? $?????????????????? 884,230
??????????? Any
unexpended balance remaining in the appropriations for Unclassified (fund 0582,
appropriation 09900) and Current Expenses (fund 0582, appropriation 13000) at
the close of the fiscal year 2016 are hereby reappropriated for expenditure
during the fiscal year 2017, with the exception of fund 0582, fiscal year 2016,
appropriation 13000 ($73,169) which shall expire on June 30, 2016.
DEPARTMENT OF VETERANS? ASSISTANCE
82 - Department of Veterans? Assistance
(WV Code Chapter 9A)
Fund 0456 FY 2018 Org 0613
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,807,393
Unclassified................................................................................ ?????? 09900????????????????????????????????? 20,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 137,189
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,000
Veterans? Field Offices.............................................................. ?????? 22800??????????????????????????????? 248,345
Veterans? Nursing Home (R)..................................................... ?????? 28600???????????????????????????? 5,527,826
Veterans? Toll Free Assistance Line.......................................... ?????? 32800??????????????????????????????????? 2,015
Veterans? Reeducation Assistance (R)...................................... ?????? 32900????????????????????????????????? 29,502
Veterans? Grant Program (R)..................................................... ?????? 34200????????????????????????????????? 30,741
Veterans? Grave Markers........................................................... ?????? 47300????????????????????????????????? 10,254
Veterans? Transportation............................................................ ?????? 48500??????????????????????????????? 625,000
Veterans Outreach Programs.................................................... ?????? 61700??????????????????????????????? 160,001
Memorial Day Patriotic Exercise................................................ ?????? 69700????????????????????????????????? 20,000
Veterans Cemetery.................................................................... ?????? 80800??????????????????????????????? 375,428
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 23,860
???? Total....................................................................................... ??????????????????????????? $??????????????? 9,022,554
??????????? Any
unexpended balances remaining in the appropriations for Veterans? Nursing Home
(fund 0456, appropriation 28600), Veterans? Reeducation Assistance (fund 0456,
appropriation 32900), Veterans? Grant Program (fund 0456, appropriation 34200),
Veterans? Bonus ? Surplus (fund 0456, appropriation 34400), and Educational
Opportunities for Children of Deceased Veterans (fund 0456, appropriation
85400) at the close of the fiscal year 2017 are hereby reappropriated for
expenditure during the fiscal year 2018, with the exception of fund 0456,
fiscal year 2017, appropriation 28600 ($8,794), fund 0456, fiscal year 2017,
appropriation 32900 ($1,702), and fund 0456, fiscal year 2017, appropriation
34200 ($29,000) which shall expire on June 30, 2017.
83 - Department of Veterans? Assistance ?
Veterans? Home
(WV Code Chapter 9A)
Fund 0460 FY 2018 Org 0618
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,093,492
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 44,576
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,138,068
BUREAU OF SENIOR SERVICES
84 - Bureau of Senior Services
(WV Code Chapter 29)
Fund 0420 FY 2018 Org 0508
Transfer to Division of Human Services
for Health Care
???? and
Title XIX Waiver for Senior Citizens............................... ?????? 53900?????????? $????????????? 11,368,797
??????????? The
above appropriation for Transfer to Division of Human Services for Health Care
and Title XIX Waiver for Senior Citizens (fund 0420, appropriation 53900) along
with the federal moneys generated thereby shall be used for reimbursement for
services provided under the program.
??????????? The
above appropriation is in addition to funding provided in fund 5405 for this
program.
WEST VIRGINIA COUNCIL FOR COMMUNITY
AND TECHNICAL COLLEGE EDUCATION
85 - West Virginia Council for
Community and Technical College Education ?
Control Account
(WV Code Chapter 18B)
Fund 0596 FY 2018 Org 0420
West Virginia Council for Community
???? and
Technical Education (R)................................................. ?????? 39200?????????? $?????????????????? 726,624
Transit Training Partnership....................................................... ?????? 78300????????????????????????????????? 35,217
Community College Workforce
Development (R)..................... ?????? 87800??????????????????????????????? 806,048
College Transition Program....................................................... ?????? 88700??????????????????????????????? 285,718
West Virginia Advance Workforce
Development (R)................ ?????? 89300???????????????????????????? 3,200,720
Technical Program Development (R)........................................ ?????? 89400?????????? ????????????????? 1,849,250
???? Total....................................................................................... ??????????????????????????? $??????????????? 6,903,577
??????????? Any
unexpended balances remaining in the appropriations for West Virginia Council
for Community and Technical Education (fund 0596, appropriation 39200), Capital
Improvements ? Surplus (fund 0596, appropriation 66100), Community College
Workforce Development (fund 0596, appropriation 87800), West Virginia Advance
Workforce Development (fund 0596, appropriation 89300), and Technical Program
Development (fund 0596, appropriation 89400) at the close of the fiscal year
2017 are hereby reappropriated for expenditure during the fiscal year 2018,
with the exception of fund 0596, fiscal year 2017, appropriation 39200
($14,000), fund 0596, fiscal year 2017, appropriation 89300 ($69,244), and fund
0596, fiscal year 2017, appropriation 89400 ($45,964) which shall expire on
June 30, 2017.
??????????? From
the above appropriation for the Community College Workforce Development (fund
0596, appropriation 87800), $200,000 shall be expended on the Mine Training
Program in Southern West Virginia.
??????????? Included
in the above appropriation for West Virginia Advance Workforce Development
(fund 0596, appropriation 89300) is $200,000 to be used exclusively for
advanced manufacturing and energy industry specific training programs.
86 - Mountwest Community and Technical
College
(WV Code Chapter 18B)
Fund 0599 FY 2018 Org 0444
Mountwest Community and Technical
College......................... ?????? 48700?????????? $??????????????? 5,346,752
87 - New River Community and Technical
College
(WV Code Chapter 18B)
Fund 0600 FY 2018 Org 0445
New River Community and Technical
College.......................... ?????? 35800?????????? $??????????????? 5,279,168
88 - Pierpont Community and Technical
College
(WV Code Chapter 18B)
Fund 0597 FY 2018 Org 0446
Pierpont Community and Technical
College............................. ?????? 93000?????????? $??????????????? 7,030,858
89 - Blue Ridge Community and Technical
College
(WV Code Chapter 18B)
Fund 0601 FY 2018 Org 0447
Blue Ridge Community and Technical
College......................... ?????? 88500?????????? $??????????????? 4,870,907
90 - West Virginia University at
Parkersburg
(WV Code Chapter 18B)
Fund 0351 FY 2018 Org 0464
West Virginia University ? Parkersburg..................................... ?????? 47100?????????? $??????????????? 9,140,900
91 - Southern West Virginia Community and
Technical College
(WV Code Chapter 18B)
Fund 0380 FY 2018 Org 0487
Southern West Virginia Community and
Technical College...... ?????? 44600?????????? $??????????????? 7,672,107
92 - West Virginia Northern Community and
Technical College
(WV Code Chapter 18B)
Fund 0383 FY 2018 Org 0489
West Virginia Northern Community and
Technical College...... ?????? 44700?????????? $??????????????? 6,622,521
93 - Eastern West Virginia Community and
Technical College
(WV Code Chapter 18B)
Fund 0587 FY 2018 Org 0492
Eastern West Virginia Community and
Technical College........ ?????? 41200?????????? $??????????????? 1,761,888
94 - BridgeValley Community and Technical College
(WV Code Chapter 18B)
Fund 0618 FY 2018 Org 0493
BridgeValley Community and Technical
College...................... ?????? 71700?????????? $??????????????? 7,200,888
HIGHER EDUCATION POLICY COMMISSION
95 - Higher Education Policy Commission ?
Administration ?
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2018 Org 0441
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,486,430
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 13,568
Higher Education Grant Program.............................................. ?????? 16400?????????????????????????? 39,019,864
Tuition Contract Program (R).................................................... ?????? 16500???????????????????????????? 1,249,555
Underwood-Smith Scholarship
Program-Student Awards........ ?????? 16700??????????????????????????????? 328,349
Facilities Planning and Administration
(R)................................. ?????? 38600???????????????????????????? 1,760,234
PROMISE Scholarship ? Transfer............................................. ?????? 80000?????????????????????????? 18,500,000
HEAPS Grant Program (R)........................................................ ?????? 86700???????????????????????????? 5,007,764
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 16,965
???? Total....................................................................................... ??????????????????????????? $????????????? 68,382,729
??????????? Any
unexpended balances remaining in the appropriations for Unclassified ? Surplus
(fund 0589, appropriation 09700), Tuition Contract Program (fund 0589,
appropriation 16500), Capital Improvements ? Surplus (fund 0589, appropriation
66100), Capital Outlay and Maintenance (fund 0589, appropriation 75500), and
HEAPS Grant Program (fund 0589, appropriation 86700) at the close of the fiscal
year 2017 are hereby reappropriated for expenditure during the fiscal year
2018, with the exception of fund 0589, fiscal year 2017, appropriation 16500
($24,991) which shall expire on June 30, 2017.
??????????? The
above appropriation for Facilities Planning and Administration (fund 0589,
appropriation 38600) is for operational expenses of the West Virginia
Education, Research and Technology Park between construction and full
occupancy.
??????????? The
above appropriation for Higher Education Grant Program (fund 0589,
appropriation 16400) shall be transferred to the Higher Education Grant Fund
(fund 4933, org 0441) established by W.Va. Code ?18C-5-3.
??????????? The
above appropriation for Underwood-Smith Scholarship Program-Student Awards
(fund 0589, appropriation 16700) shall be transferred to the Underwood-Smith
Teacher Scholarship and Loan Assistance Fund (fund 4922, org 0441) established
by W.Va. Code ?18C-4-1.
??????????? The
above appropriation for PROMISE Scholarship ? Transfer (fund 0589,
appropriation 80000) shall be transferred to the PROMISE Scholarship Fund (fund
4296, org 0441) established by W.Va. Code ?18C-7-7.
96 - West Virginia University ?
School of Medicine
Medical School Fund
(WV Code Chapter 18B)
Fund 0343 FY 2018 Org 0463
WVU School of Health Science ? Eastern
Division................... ?????? 05600?????????? $??????????????? 2,063,557
WVU ? School of Health Sciences............................................ ?????? 17400?????????????????????????? 14,239,818
WVU ? School of Health Sciences ?
Charleston Division......... ?????? 17500???????????????????????????? 2,122,336
Rural Health Outreach Programs.............................................. ?????? 37700??????????????????????????????? 156,133
West Virginia University School of
Medicine
???? BRIM
Subsidy........................................................................ ?????? 46000?????????? ????????????????? 1,203,087
???? Total....................................................................................... ??????????????????????????? $????????????? 19,784,931
??????????? The
above appropriation for Rural Health Outreach Programs (fund 0343,
appropriation 37700) includes rural health activities and programs; rural
residency development and education; and rural outreach activities.
??????????? The
above appropriation for West Virginia University School of Medicine BRIM
Subsidy (fund 0343, appropriation 46000) shall be paid to the Board of Risk and
Insurance Management as a general revenue subsidy against the ?Total Premium
Billed? to the institution as part of the full cost of their malpractice
insurance coverage.
97 - West Virginia University ?
General Administrative Fund
(WV Code Chapter 18B)
Fund 0344 FY 2018 Org 0463
West Virginia University............................................................. ?????? 45900?????????? $????????????? 84,837,900
Jackson?s Mill............................................................................. ?????? 46100??????????????????????????????? 219,808
West Virginia University Institute of
Technology....................... ?????? 47900???????????????????????????? 7,330,893
State Priorities ? Brownfield
Professional Development........... ?????? 53100??????????????????????????????? 309,747
West Virginia University ? Potomac
State................................. ?????? 99400?????????? ????????????????? 3,598,985
???? Total....................................................................................... ??????????????????????????? $????????????? 96,297,333
98 - Marshall University ?
School of Medicine
(WV Code Chapter 18B)
Fund 0347 FY 2018 Org 0471
Marshall Medical School............................................................ ?????? 17300?????????? $????????????? 11,177,634
Rural Health Outreach Programs (R)........................................ ?????? 37700??????????????????????????????? 153,831
Forensic Lab............................................................................... ?????? 37701??????????????????????????????? 221,582
Center for Rural Health.............................................................. ?????? 37702??????????????????????????????? 146,994
Marshall University Medical School
BRIM Subsidy................... ?????? 44900?????????? ???????????????????? 872,612
???? Total....................................................................................... ??????????????????????????? $????????????? 12,572,653
??????????? Any
unexpended balance remaining in the appropriation for Rural Health Outreach
Program (fund 0347, appropriation 37700) at the close of the fiscal year 2017
is hereby reappropriated for expenditure during the fiscal year 2018, with the
exception of fund 0347, fiscal year 2017, appropriation 37700 ($3,352) which
shall expire on June 30, 2017.
??????????? The
above appropriation for Rural Health Outreach Programs (fund 0347,
appropriation 37700) includes rural health activities and programs; rural
residency development and education; and rural outreach activities.
??????????? The
above appropriation for Marshall University Medical School BRIM Subsidy (fund
0347, appropriation 44900) shall be paid to the Board of Risk and Insurance
Management as a general revenue subsidy against the ?Total Premium Billed? to
the institution as part of the full cost of their malpractice insurance
coverage.
99 - Marshall University ?
General Administration Fund
(WV Code Chapter 18B)
Fund 0348 FY 2018 Org 0471
Marshall University..................................................................... ?????? 44800?????????? $????????????? 38,882,683
Luke Lee Listening Language and
Learning Lab...................... ?????? 44801????????????????????????????????? 93,682
Vista E-Learning (R).................................................................. ?????? 51900??????????????????????????????? 228,604
State Priorities ? Brownfield
Professional Development (R)..... ?????? 53100??????????????????????????????? 306,866
Marshall University Graduate College
Writing Project (R)........ ?????? 80700????????????????????????????????? 19,032
WV Autism Training Center (R)................................................. ?????? 93200?????????? ????????????????? 1,647,655
???? Total....................................................................................... ??????????????????????????? $????????????? 41,178,522
??????????? Any
unexpended balances remaining in the appropriations for Vista E-Learning (fund
0348, appropriation 51900), State Priorities ? Brownfield Professional
Development (fund 0348, appropriation 53100), Marshall University Graduate
College Writing Project (fund 0348, appropriation 80700), and WV Autism
Training Center (fund 0348, appropriation 93200) at the close of the fiscal
year 2017 are hereby reappropriated for expenditure during the fiscal year
2018, with the exception of fund 0348, fiscal year 2017, appropriation 51900
($4,982), fund 0348, fiscal year 2017, appropriation 53100 ($6,687), fund 0348,
fiscal year 2017, appropriation 80700 ($415), and fund 0348, fiscal year 2017,
appropriation 93200 ($35,906) which shall expire on June 30, 2017.
100 - West Virginia School of Osteopathic
Medicine
(WV Code Chapter 18B)
Fund 0336 FY 2018 Org 0476
West Virginia School of Osteopathic
Medicine......................... ?????? 17200?????????? $??????????????? 6,526,309
Rural Health Outreach Programs (R)........................................ ?????? 37700??????????????????????????????? 161,620
West Virginia School of Osteopathic
Medicine
???? BRIM
Subsidy........................................................................ ?????? 40300??????????????????????????????? 156,299
Rural Health Initiative ? Medical
Schools Support.................... ?????? 58100?????????? ???????????????????? 388,769
???? Total....................................................................................... ??????????????????????????? $??????????????? 7,232,997
??????????? Any
unexpended balance remaining in the appropriation for Rural Health Outreach Programs
(fund 0336, appropriation 37700) at the close of fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018, with the exception
of fund 0336, fiscal year 2017, appropriation 37700 ($3,367) which shall expire
on June 30, 2017.
??????????? The
above appropriation for Rural Health Outreach Programs (fund 0336,
appropriation 37700) includes rural health activities and programs; rural
residency development and education; and rural outreach activities.
??????????? The
above appropriation for West Virginia School of Osteopathic Medicine BRIM
Subsidy (fund 0336, appropriation 40300) shall be paid to the Board of Risk and
Insurance Management as a general revenue subsidy against the ?Total Premium
Billed? to the institution as part of the full cost of their malpractice
insurance coverage.
101 - Bluefield State College
(WV Code Chapter 18B)
Fund 0354 FY 2018 Org 0482
Bluefield State College............................................................... ?????? 40800?????????? $??????????????? 5,411,388
102 - Concord University
(WV Code Chapter 18B)
Fund 0357 FY 2018 Org 0483
Concord University..................................................................... ?????? 41000?????????? $??????????????? 8,327,612
103 - Fairmont State University
(WV Code Chapter 18B)
Fund 0360 FY 2018 Org 0484
Fairmont State University.......................................................... ?????? 41400?????????? $????????????? 14,666,658
104 - Glenville State College
(WV Code Chapter 18B)
Fund 0363 FY 2018 Org 0485
Glenville State College............................................................... ?????? 42800?????????? $??????????????? 5,655,741
105 - Shepherd University
(WV Code Chapter 18B)
Fund 0366 FY 2018 Org 0486
Shepherd University.................................................................. ?????? 43200?????????? $??????????????? 9,169,914
106 - West Liberty University
(WV Code Chapter 18B)
Fund 0370 FY 2018 Org 0488
West Liberty University.............................................................. ?????? 43900?????????? $??????????????? 7,638,116
107 - West Virginia State University
(WV Code Chapter 18B)
Fund 0373 FY 2018 Org 0490
West Virginia State University................................................... ?????? 44100?????????? $??????????????? 9,702,948
West Virginia State University Land
Grant Match..................... ?????? 95600?????????? ????????????????? 1,571,549
???? Total....................................................................................... ?????? ???????????????????? $????????????? 11,274,497
Total TITLE II, Section 1 ? General
Revenue
???? (Including
claims against the state)....................................... ??????????????????????????? $???????? 4,102,700,000
??????????? Sec. 2. Appropriations from state road fund.
? From the state road fund there are hereby appropriated conditionally upon the
fulfillment of the provisions set forth in Article 2, Chapter 11B of the Code
the following amounts, as itemized, for expenditure during the fiscal year
2018.
DEPARTMENT OF TRANSPORTATION
108 - Division of Motor Vehicles
(WV Code Chapters 17, 17A, 17B, 17C,
17D, 20 and 24A)
Fund 9007 FY 2018 Org 0802
??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? State
??????????????????????????????????????????????????????????????????????????????????????????????????????????? Appro-??????????????????? Road
??????????????????????????????????????????????????????????????????????????????????????????????????????????? priation?????????????????? Fund
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 23,278,949
Current Expenses...................................................................... ?????? 13000?????????????????????????? 16,192,150
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 144,000
Equipment.................................................................................. ?????? 07000???????????????????????????? 1,080,000
Buildings..................................................................................... ?????? 25800????????????????????????????????? 10,000
Other Assets............................................................................... ?????? 69000???????????????????????????? 2,600,000
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 73,630
???? Total....................................................................................... ??????????????????????????? $????????????? 43,378,729
109 - Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2018 Org 0803
Debt Service.............................................................................. ?????? 04000?????????? $????????????? 24,000,000
Maintenance............................................................................... ?????? 23700???????????????????????? 359,278,000
Nonfederal Improvements......................................................... ?????? 23701???????????????????????? 194,700,000
Inventory Revolving................................................................... ?????? 27500???????????????????????????? 4,000,000
Equipment Revolving................................................................. ?????? 27600?????????????????????????? 15,000,000
General Operations.................................................................... ?????? 27700?????????????????????????? 45,995,000
Interstate Construction............................................................... ?????? 27800???????????????????????? 100,000,000
Other Federal Aid Programs...................................................... ?????? 27900???????????????????????? 362,000,000
Appalachian Programs.............................................................. ?????? 28000???????????????????????? 120,000,000
Highway Litter Control................................................................ ?????? 28200???????????????????????????? 1,727,000
Courtesy Patrol.......................................................................... ?????? 28201?????????? ????????????????? 5,000,000
???? Total....................................................................................... ??????????????????????????? $???????? 1,231,700,000
??????????? The
above appropriations are to be expended in accordance with the provisions of
Chapters 17 and 17C of the code.
??????????? The
Commissioner of Highways shall have the authority to operate revolving funds
within the State Road Fund for the operation and purchase of various types of
equipment used directly and indirectly in the construction and maintenance of
roads and for the purchase of inventories and materials and supplies.
??????????? There
is hereby appropriated in addition to the above appropriations, sufficient
money for the payment of claims, accrued or arising during this budgetary
period, to be paid in accordance with Sections 17 and 18, Article 2, Chapter 14
of the code.
??????????? It
is the intent of the Legislature to capture and match all federal funds
available for expenditure on the Appalachian highway system at the earliest
possible time. Therefore, should amounts in excess of those appropriated be
required for the purposes of Appalachian programs, funds in excess of the
amount appropriated may be made available upon recommendation of the
commissioner and approval of the Governor. Further, for the purpose of
Appalachian programs, funds appropriated by appropriation may be transferred to
other appropriations upon recommendation of the commissioner and approval of
the Governor.
110 - Office of Administrative Hearings
(WV Code Chapter 17C)
Fund 9027 FY 2018 Org 0808
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,585,201
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 338,278
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 3,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 15,500
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,951,979
Total TITLE II, Section 2 ? State Road
Fund
???? (Including
claims against the state)....................................... ??????????????????????????? $???????? 1,277,031,358
??????????? Sec. 3. Appropriations from other funds.
? From the funds designated there are hereby appropriated conditionally upon
the fulfillment of the provisions set forth in Article 2, Chapter 11B of the
Code the following amounts, as itemized, for expenditure during the fiscal year
2018.
LEGISLATIVE
111 - Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 1731 FY 2018 Org 2300
??????????????????????????????????????????????????????????????????????????????????????????????????????????? Appro-??????????????????? Other
??????????????????????????????????????????????????????????????????????????????????????????????????????????? priation?????????????????? Funds
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 498,020
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 133,903
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Economic Loss Claim Payment Fund........................................ ?????? 33400???????????????????????????? 2,360,125
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 3,700
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,996,748
JUDICIAL
112 - Supreme
Court ?
Family Court Fund
(WV Code
Chapter 51)
Fund 1763
FY 2018 Org 2400
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 1,600,000
113 - Supreme
Court ?
Adult Drug Court Participation Fund
(WV Code
Chapter 62)
Fund ?????FY 2018 Org 2400
Current Expenses...................................................................... ???????? 13000????????? $???????????????????? 10,000
114 - Supreme
Court ?
Court Advanced Technology Subscription Fund
(WV Code
Chapter 51)
Fund ?????FY 2018 Org 2400
Current Expenses...................................................................... ?????? 13000?????????? $???????????????????? 10,000
EXECUTIVE
115 - Governor?s Office ?
Minority Affairs Fund
(WV Code Chapter 5)
Fund 1058 FY 2018 Org 0100
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 172,800
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 503,200
Martin Luther King, Jr. Holiday
Celebration............................... ?????? 03100?????????? ???????????????????????? 8,926
???? Total....................................................................................... ??????????????????????????? $?????????????????? 684,926
116 - Auditor?s Office ?
Land Operating Fund
(WV Code Chapters 11A, 12 and 36)
Fund 1206 FY 2018 Org 1200
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 749,297
Unclassified................................................................................ ?????? 09900????????????????????????????????? 15,139
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 715,291
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 2,600
Equipment.................................................................................. ?????? 07000??????????????????????????????? 426,741
Cost of Delinquent Land Sales.................................................. ?????? 76800?????????? ????????????????? 1,341,168
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,250,236
??????????? There
is hereby appropriated from this fund, in addition to the above appropriations
if needed, the necessary amount for the expenditure of funds other than
Personal Services and Employee Benefits to enable the division to pay the
direct expenses relating to land sales as provided in Chapter 11A of the West
Virginia Code.
??????????? The
total amount of these appropriations shall be paid from the Special Revenue
Fund out of fees and collections as provided by law.
117 - Auditor?s Office ?
Local Government Purchasing Card Expenditure Fund
(WV Code Chapter 6)
Fund 1224 FY 2018 Org 1200
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 588,283
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 282,030
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 6,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 10,805
Other Assets............................................................................... ?????? 69000????????????????????????????????? 50,000
Statutory Revenue Distribution.................................................. ?????? 74100?????????? ????????????????? 2,000,000
???? Total....................................................................................... ?????????????? ???????????? $??????????????? 2,937,118
??????????? There
is hereby appropriated from this fund, in addition to the above appropriations
if needed, the amount necessary to meet the transfer of revenue distribution
requirements to provide a proportionate share of rebates back to the general fund
of local governments based on utilization of the program in accordance with
W.Va. Code ?6-9-2b.
118 - Auditor?s Office ?
Securities Regulation Fund
(WV Code Chapter 32)
Fund 1225 FY 2018 Org 1200
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,882,510
Unclassified................................................................................ ?????? 09900????????????????????????????????? 31,866
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,463,830
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 12,400
Equipment.................................................................................. ?????? 07000????????????????????????????????? 94,700
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 773,326
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,258,632
119 - Auditor?s Office ?
Technology Support and Acquisition Fund
(WV Code Chapter 12)
Fund 1233 FY 2018 Org 1200
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 160,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 100,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 260,000
??????????? Fifty
percent of the deposits made into this fund shall be transferred to the
Treasurer?s Office ? Technology Support and Acquisition Fund (fund 1329, org
1300) for expenditure for the purposes described in W.Va. Code ?12-3-10c.
120 - Auditor?s Office ?
Purchasing Card Administration Fund
(WV Code Chapter 12)
Fund 1234 FY 2018 Org 1200
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,667,397
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,303,622
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,500
Equipment.................................................................................. ?????? 07000??????????????????????????????? 650,000
Other Assets............................................................................... ?????? 69000??????????????????????????????? 308,886
Statutory Revenue Distribution.................................................. ?????? 74100?????????? ????????????????? 4,000,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 9,935,405
??????????? There
is hereby appropriated from this fund, in addition to the above appropriations
if needed, the amount necessary to meet the transfer and revenue distribution
requirements to the Purchasing Improvement Fund (fund 2264), the Hatfield-McCoy
Regional Recreation Authority, and the State Park Operating Fund (fund 3265)
per W.Va. Code ?12-3-10d.
121 - Auditor?s Office ?
Chief Inspector?s Fund
(WV Code Chapter 6)
Fund 1235 FY 2018 Org 1200
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,405,512
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 765,915
Equipment.................................................................................. ?????? 07000?????????? ?????????????????????? 50,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,221,427
122 - Auditor?s Office ?
Volunteer Fire Department Workers?
Compensation Premium Subsidy Fund
(WV Code Chapters 12 and 33)
Fund 1239 FY 2018 Org 1200
Volunteer Fire Department
???? Workers?
Compensation Subsidy.......................................... ?????? 83200?????????? $??????????????? 2,500,000
123 - Treasurer?s Office
College Prepaid Tuition and Savings Program
Administrative Account
(WV Code Chapter 18)
Fund 1301 FY 2018 Org 1300
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 774,769
Unclassified................................................................................ ?????? 09900????????????????????????????????? 14,000
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 619,862
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,408,631
124 - Department of Agriculture ?
Agriculture Fees Fund
(WV Code Chapter 19)
Fund 1401 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,244,245
Unclassified................................................................................ ?????? 09900????????????????????????????????? 37,425
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,356,184
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 58,500
Equipment.................................................................................. ?????? 07000????????????????????????????????? 36,209
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,742,563
125 - Department of Agriculture ?
West Virginia Rural Rehabilitation Program
(WV Code Chapter 19)
Fund 1408 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 73,807
Unclassified................................................................................ ?????? 09900????????????????????????????????? 10,476
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 963,404
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,047,687
126 - Department of Agriculture ?
General John McCausland Memorial Farm Fund
(WV Code Chapter 19)
Fund 1409 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 67,000
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 2,100
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 89,500
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 36,400
Equipment.................................................................................. ?????? 07000?????????? ?????????????????????? 15,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 210,000
??????????? The
above appropriations shall be expended in accordance with Article 26, Chapter
19 of the Code.
127 - Department of Agriculture ?
Farm Operating Fund
(WV Code Chapter 19)
Fund 1412 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 309,248
Unclassified................................................................................ ?????? 09900????????????????????????????????? 15,173
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,167,464
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 238,722
Equipment.................................................................................. ?????? 07000??????????????????????????????? 249,393
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 20,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,000,000
128 - Department of Agriculture ?
Donated Food Fund
(WV Code Chapter 19)
Fund 1446 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 958,864
Unclassified................................................................................ ?????? 09900????????????????????????????????? 45,807
Current Expenses...................................................................... ?????? 13000???????????????????????????? 3,410,542
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 128,500
Equipment.................................................................................. ?????? 07000????????????????????????????????? 10,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 27,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,580,713
129 - Department of Agriculture ?
Integrated Predation Management Fund
(WV Code Chapter 7)
Fund 1465 FY 2018 Org 1400
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 100,000
130 - Department of Agriculture ?
West Virginia Spay Neuter Assistance Fund
(WV Code Chapter 19)
Fund 1481 FY 2018 Org 1400
Current Expenses...................................................................... ?????? 13000?????????? $????????????????????????? 100
131 - Department of Agriculture ?
Veterans and Warriors to Agriculture Fund
(WV Code Chapter 19)
Fund 1483 FY 2018 Org 1400
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????????? 7,500
132 - Department of Agriculture ?
State FFA-FHA Camp and Conference Center
(WV Code Chapters 18 and 18A)
Fund 1484 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,169,194
Unclassified................................................................................ ?????? 09900????????????????????????????????? 17,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 707,223
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 57,500
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 1,000
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 1,000
Other Assets............................................................................... ?????? 69000????????????????????????????????? 10,000
Land??? ........................................................................................ ?????? 73000?????????? ???????????????????????? 1,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,963,917
133 - Attorney General ?
Antitrust Enforcement Fund
(WV Code Chapter 47)
Fund 1507 FY 2018 Org 1500
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 356,900
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 148,803
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000?????????? ???????????????????????? 1,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 507,703
134 - Attorney General ?
Preneed Burial Contract Regulation Fund
(WV Code Chapter 47)
Fund 1513 FY 2018 Org 1500
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 210,226
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 54,615
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000?????????? ???????????????????????? 1,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 266,841
135 - Attorney General ?
Preneed Funeral Guarantee Fund
(WV Code Chapter 47)
Fund 1514 FY 2018 Org 1500
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 901,135
136 - Secretary of State ?
Service Fees and Collection Account
(WV Code Chapters 3, 5, and 59)
Fund 1612 FY 2018 Org 1600
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 791,051
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 4,524
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????????? 8,036
???? Total....................................................................................... ??????????????????????????? $?????????????????? 803,611
137 - Secretary of State ?
General Administrative Fees Account
(WV Code Chapters 3, 5, and 59)
Fund 1617 FY 2018 Org 1600
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,769,898
Unclassified................................................................................ ?????? 09900????????????????????????????????? 25,529
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 796,716
Technology Improvements........................................................ ?????? 59900?????????? ???????????????????? 750,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,342,143
DEPARTMENT OF ADMINISTRATION
138 - Department of Administration ?
Office of the Secretary ?
Tobacco Settlement Fund
(WV Code Chapter 4)
Fund 2041 FY 2018 Org 0201
Tobacco Settlement Securitization
Trustee Pass Thru............. ?????? 65000?????????? $????????????? 80,000,000
139 - Department of Administration ?
Office of the Secretary ?
Employee Pension and Health Care Benefit Fund
(WV Code Chapter 18)
Fund 2044 FY 2018 Org 0201
Current Expenses...................................................................... ?????? 13000?????????? $????????????? 34,638,000
??????????? The
above appropriation for Current Expenses (fund 2044, appropriation 13000) shall
be transferred to the Consolidated Public Retirement Board ? West Virginia
Teachers? Retirement System Employers Accumulation Fund (fund 2601).
140 - Division of Information Services and
Communications
(WV Code Chapter 5A)
Fund 2220 FY 2018 Org 0210
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 21,378,322
Unclassified................................................................................ ?????? 09900??????????????????????????????? 382,354
Current Expenses...................................................................... ?????? 13000?????????????????????????? 13,378,766
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000???????????????????????????? 2,050,000
Other Assets............................................................................... ?????? 69000?????????? ????????????????? 1,045,000
???? Total....................................................................................... ??????????????????????????? $????????????? 38,235,442
??????????? The
total amount of these appropriations shall be paid from a Special Revenue Fund
out of collections made by the Division of Information Services and
Communications as provided by law.
??????????? Each
spending unit operating from the General Revenue Fund, from special revenue
funds or receiving reimbursement for postage from the federal government shall
be charged monthly for all postage meter service and shall reimburse the
revolving fund monthly for all such amounts.
141 - Division of Purchasing ?
Vendor Fee Fund
(WV Code Chapter 5A)
Fund 2263 FY 2018 Org 0213
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 655,208
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 2,382
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 238,115
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 2,500
Other Assets............................................................................... ?????? 69000??????????????????????????????????? 2,500
BRIM Premium.......................................................................... ?????? 91300?????????? ??????????????????????????? 810
???? Total....................................................................................... ??????????????????????????? $?????????????????? 906,515
142 - Division of Purchasing ?
Purchasing Improvement Fund
(WV Code Chapter 5A)
Fund 2264 FY 2018 Org 0213
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 540,889
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 5,562
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 393,066
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 500
Equipment.................................................................................. ?????? 07000?????????????????????????????????????? 500
Other Assets............................................................................... ?????? 69000?????????????????????????????????????? 500
BRIM Premium.......................................................................... ?????? 91300?????????? ??????????????????????????? 850
???? Total....................................................................................... ??????????????????????????? $?????????????????? 941,867
143 - Travel Management ?
Fleet Management Office Fund
(WV Code Chapter 5A)
Fund 2301 FY 2018 Org 0215
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 722,586
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 4,000
Current Expenses...................................................................... ?????? 13000???????????????????????????? 8,130,614
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 12,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 800,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 2,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 9,671,200
144 - Travel Management ?
Aviation Fund
(WV Code Chapter 5A)
Fund 2302 FY 2018 Org 0215
Unclassified................................................................................ ?????? 09900?????????? $?????????????????????? 1,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 149,700
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 400,237
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 1,000
Buildings..................................................................................... ?????? 25800?????????????????????????????????????? 100
Other Assets............................................................................... ?????? 69000?????????????????????????????????????? 100
Land??? ........................................................................................ ?????? 73000?????????? ??????????????????????????? 100
???? Total....................................................................................... ??????????????????????????? $?????????????????? 552,237
145 - Division of Personnel
(WV Code Chapter 29)
Fund 2440 FY 2018 Org 0222
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,942,590
Unclassified................................................................................ ?????? 09900????????????????????????????????? 51,418
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,062,813
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 20,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 60,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 5,141,821
??????????? The
total amount of these appropriations shall be paid from a Special Revenue Fund
out of fees collected by the Division of Personnel.
146 - West Virginia Prosecuting Attorneys
Institute
(WV Code Chapter 7)
Fund 2521 FY 2018 Org 0228
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 249,242
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 4,023
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 297,528
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 600
Equipment.................................................................................. ?????? 07000?????????????????????????????????????? 500
Other Assets............................................................................... ?????? 69000?????????? ??????????????????????????? 500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 552,393
147 - Office of Technology ?
Chief Technology Officer Administration Fund
(WV Code Chapter 5A)
Fund 2531 FY 2018 Org 0231
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 399,911
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 6,949
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 227,116
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 50,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 694,976
??????????? From
the above fund, the provisions of W.Va. Code ?11B-2-18 shall not operate to
permit expenditures in excess of the funds authorized for expenditure herein.
DEPARTMENT OF COMMERCE
148 - Division of Forestry
(WV Code Chapter 19)
Fund 3081 FY 2018 Org 0305
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,464,328
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 282,202
Repairs and Alterations.............................................................. ?????? 06400?????????? ?????????????????????? 53,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,799,530
149 - Division of Forestry ?
Timbering Operations Enforcement Fund
(WV Code Chapter 19)
Fund 3082 FY 2018 Org 0305
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 224,433
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 87,036
Repairs and Alterations.............................................................. ?????? 06400?????????? ?????????????????????? 11,250
???? Total....................................................................................... ??????????????????????????? $?????????????????? 322,719
150 - Division of Forestry ?
Severance Tax Operations
(WV Code Chapter 11)
Fund 3084 FY 2018 Org 0305
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 859,626
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 435,339
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,294,965
151 - Geological and Economic Survey ?
Geological and Analytical Services Fund
(WV Code Chapter 29)
Fund 3100 FY 2018 Org 0306
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 37,966
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 2,182
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 141,631
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 50,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 20,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 261,779
??????????? The
above appropriations shall be used in accordance with W.Va. Code ?29-2-4.
152 - West Virginia Development Office ?
Department of Commerce ?
Marketing and Communications Operating Fund
(WV Code Chapter 5B)
Fund 3002 FY 2018 Org 0307
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,528,219
Unclassified................................................................................ ?????? 09900????????????????????????????????? 30,000
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 1,482,760
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,040,979
153 - West Virginia Development Office ?
Office of Coalfield Community Development
(WV Code Chapter 5B)
Fund 3162 FY 2018 Org 0307
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 430,724
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 8,300
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 399,191
???? Total....................................................................................... ??????????????????????????? $?????????????????? 838,215
154 - Division of Labor ?
Contractor Licensing Board Fund
(WV Code Chapter 21)
Fund 3187 FY 2018 Org 0308
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,019,374
Unclassified................................................................................ ?????? 09900????????????????????????????????? 21,589
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 597,995
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 15,000
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 5,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 8,500
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,667,458
155 - Division of Labor ?
Elevator Safety Fund
(WV Code Chapter 21)
Fund 3188 FY 2018 Org 0308
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 376,772
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 2,261
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 44,112
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 2,000
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 1,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 8,500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 434,645
156 - Division of Labor ?
Crane Operator Certification Fund
(WV Code Chapter 21)
Fund 3191 FY 2018 Org 0308
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 184,380
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,380
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 49,765
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,500
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 1,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 8,500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 246,525
157 - Division of Labor ?
Amusement Rides and Amusement Attraction Safety Fund
(WV Code Chapter 21)
Fund 3192 FY 2018 Org 0308
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 179,316
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,281
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 44,520
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 2,000
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 1,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 8,500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 236,617
158 - Division of Labor ?
State Manufactured Housing Administration Fund
(WV Code Chapter 21)
Fund 3195 FY 2018 Org 0308
Personal Services and Employee
Benefits............................... ?? ??? 00100?????????? $?????????????????? 283,768
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,847
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 43,700
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 1,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 3,404
???? Total....................................................................................... ??????????????????????????? $?????????????????? 334,719
159 - Division of Labor ?
Weights and Measures Fund
(WV Code Chapter 47)
Fund 3196 FY 2018 Org 0308
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 424,965
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 227,000
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 28,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 15,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 8,500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 703,465
160 - Division of Labor ?
Steam Boiler Fund
(WV Code Chapter 21)
Fund ?????FY 2018 Org 0308
Unclassified................................................................................ ?????? 09900?????????? $???????????????????? 10,000
161 - Division of Labor ?
Psychophysiological Examiners Fund
(WV Code Chapter 21)
Fund ?????FY 2018 Org 0308
Unclassified................................................................................ ?????? 09900?????????? $???????????????????? 10,000
162 - Division of Labor ?
Plumbing Work Fund
(WV Code Chapter 21)
Fund ?????FY 2018 Org 0308
Unclassified................................................................................ ?????? 09900?????????? $???????????????????? 10,000
163 - Division of Labor ?
HVAC Fund
(WV Code Chapter 21)
Fund ?????FY 2018 Org 0308
Unclassified................................................................................ ?????? 09900?????????? $???????????????????? 10,000
164 - Division of Labor ?
Bedding and Upholstery Fund
(WV Code Chapter 21)
Fund ?????FY 2018 Org 0308
Unclassified................................................................................ ?????? 09900?????????? $???????????????????? 10,000
165 - Division of Natural Resources ?
License Fund ? Wildlife Resources
(WV Code Chapter 20)
Fund 3200 FY 2018 Org 0310
Wildlife Resources..................................................................... ?????? 02300?????????? $??????????????? 5,551,895
Administration............................................................................. ?????? 15500???????????????????????????? 1,387,974
Capital Improvements and Land Purchase
(R)......................... ?????? 24800???????????????????????????? 1,387,973
Law Enforcement....................................................................... ?????? 80600?????????? ????????????????? 5,551,895
???? Total....................................................................................... ??????????????????????????? $????????????? 13,879,737
??????????? The
total amount of these appropriations shall be paid from a Special Revenue Fund
out of fees collected by the Division of Natural Resources.
??????????? Any
unexpended balance remaining in the appropriation for Capital Improvements and
Land Purchase (fund 3200, appropriation 24800) at the close of the fiscal year
2017 is hereby reappropriated for expenditure during the fiscal year 2018.
166 - Division of Natural Resources ?
Natural Resources Game Fish and Aquatic Life Fund
(WV Code Chapter 22)
Fund 3202 FY 2018 Org 0310
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 125,000
167 - Division of Natural Resources ?
Nongame Fund
(WV Code Chapter 20)
Fund 3203 FY 2018 Org 0310
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 678,109
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 201,930
Equipment.................................................................................. ?????? 07000?????????? ???????????????????? 106,615
???? Total....................................................................................... ??????????????????????????? $?????????????????? 986,654
168 - Division of Natural Resources ?
Planning and Development Division
(WV Code Chapter 20)
Fund 3205 FY 2018 Org 0310
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 289,167
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 157,864
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 15,016
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 8,300
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 8,300
Other Assets............................................................................... ?????? 69000???????????????????????????? 2,000,000
Land??? ........................................................................................ ?????? 73000?????????? ?????????????????????? 31,700
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,510,347
169 - Division of Natural Resources ?
Whitewater Study and Improvement Fund
(WV Code Chapter 20)
Fund 3253 FY 2018 Org 0310
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 62,704
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 64,778
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 1,297
Buildings..................................................................................... ?????? 25800?????????? ???????????????????????? 6,969
???? Total....................................................................................... ??????????????????????????? $?????????????????? 135,748
170 - Division of Natural Resources ?
Whitewater Advertising and Promotion Fund
(WV Code Chapter 20)
Fund 3256 FY 2018 Org 0310
Unclassified................................................................................ ?????? 09900?????????? $????????????????????????? 200
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 19,800
???? Total....................................................................................... ??????????????????????????? $???????????????????? 20,000
171 - Division of Miners? Health, Safety and
Training ?
Special Health, Safety and Training Fund
(WV Code Chapter 22A)
Fund 3355 FY 2018 Org 0314
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 471,606
WV Mining Extension Service................................................... ?????? 02600??????????????????????????????? 150,000
Unclassified................................................................................ ?????? 09900????????????????????????????????? 40,985
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,954,557
Buildings..................................................................................... ?????? 25800??????????????????????????????? 481,358
Land??? ........................................................................................ ?????? 73000?????????? ????????????????? 1,000,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,098,506
172 - Department of Commerce ?
Office of the Secretary ?
Broadband Enhancement Fund
Fund 3013 FY 2018 Org 0327
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 1,887,000
173 - Division of Energy ?
Energy Assistance
(WV Code Chapter 5B)
Fund 3010 FY 2018 Org 0328
Energy Assistance ? Total......................................................... ?????? 64700?????????? $???????????????????? 62,000
DEPARTMENT OF EDUCATION
174 - State Board of Education ?
Strategic Staff Development
(WV Code Chapter 18)
Fund 3937 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 134,000
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,000
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 265,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 400,000
175 - State Board of Education ?
School Construction Fund
(WV Code Chapters 18 and 18A)
Fund 3951 FY 2018 Org 0402
SBA Construction Grants........................................................... ?????? 24000?????????? $????????????? 37,217,000
176 - School Building Authority
(WV Code Chapter 18)
Fund 3959 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,085,152
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 246,880
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 13,150
Equipment.................................................................................. ?????? 07000?????????? ?????????????????????? 26,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,371,182
??????????? The
above appropriations are for the administrative expenses of the School Building
Authority and shall be paid from the interest earnings on debt service reserve
accounts maintained on behalf of said authority.
DEPARTMENT OF EDUCATION AND THE ARTS
177 - Office of the Secretary ?
Lottery Education Fund Interest Earnings ?
Control Account
(WV Code Chapter 29)
Fund 3508 FY 2018 Org 0431
??????????? Any
unexpended balance remaining in the appropriation for Educational Enhancements
(fund 3508, appropriation 69500) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
178 - Division of Culture and History ?
Public Records and Preservation Revenue Account
(WV Code Chapter 5A)
Fund 3542 FY 2018 Org 0432
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 211,418
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 862,241
Equipment.................................................................................. ?????? 07000????????????????????????????????? 75,000
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 1,000
Other Assets............................................................................... ?????? 69000????????????????????????????????? 52,328
Land??? ........................................................................................ ?????? 73000?????????? ???????????????????????? 1,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,202,987
179 - State Board of Rehabilitation ?
Division of Rehabilitation Services ?
West Virginia Rehabilitation Center Special Account
(WV Code Chapter 18)
Fund 8664 FY 2018 Org 0932
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 119,738
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,180,122
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 85,500
Equipment.................................................................................. ?????? 07000??????????????????????????????? 220,000
Buildings..................................................................................... ?????? 25800??????????????????????????????? 150,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 150,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,905,360
DEPARTMENT OF ENVIRONMENTAL PROTECTION
180 - Solid Waste Management Board
(WV Code Chapter 22C)
Fund 3288 FY 2018 Org 0312
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 802,209
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,061,057
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 5,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 4,403
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,873,669
181 - Division of Environmental Protection ?
Hazardous Waste Management Fund
(WV Code Chapter 22)
Fund 3023 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 692,784
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 195,569
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 500
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 1,505
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 3,072
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 2,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 895,430
182 - Division of Environmental Protection ?
Air Pollution Education and Environment Fund
(WV Code Chapter 22)
Fund 3024 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 935,324
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,238,610
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 13,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 53,105
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 2,900
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 20,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,262,939
183 - Division of Environmental Protection ?
Special Reclamation Fund
(WV Code Chapter 22)
Fund 3321 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,350,829
Current Expenses...................................................................... ?????? 13000?????????????????????????? 16,402,506
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 79,950
Equipment.................................................................................. ?????? 07000??????????????????????????????? 130,192
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 32,000
???? Total....................................................................................... ??????????????????????????? $????????????? 17,995,477
184 - Division of Environmental Protection ?
Oil and Gas Reclamation Fund
(WV Code Chapter 22)
Fund 3322 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 143,906
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 356,094
???? Total....................................................................................... ??????????????????????????? $?????????????????? 500,000
185 - Division of Environmental Protection ?
Oil and Gas Operating Permit and Processing Fund
(WV Code Chapter 22)
Fund 3323 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,321,164
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,257,758
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 20,600
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 8,000
Unclassified................................................................................ ?????? 09900????????????????????????????????? 44,700
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 15,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,667,222
186 - Division of Environmental Protection ?
Mining and Reclamation Operations Fund
(WV Code Chapter 22)
Fund 3324 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 4,035,449
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,300,097
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 60,260
Equipment.................................................................................. ?????? 07000????????????????????????????????? 85,134
Unclassified................................................................................ ?????? 09900?????????????????????????????????????? 920
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 57,500
???? Total....................................................................................... ??????????????????????????? $??????????????? 6,539,360
187 - Division of Environmental Protection ?
Underground Storage Tank
Administrative Fund
(WV Code Chapter 22)
Fund 3325 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 466,543
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 318,420
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,350
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 3,610
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 7,520
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 3,500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 804,943
188 - Division of Environmental Protection ?
Hazardous Waste Emergency Response Fund
(WV Code Chapter 22)
Fund 3331 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 643,319
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 422,386
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 7,014
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 9,000
Unclassified................................................................................ ?????? 09900????????????????????????????????? 10,616
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 11,700
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,104,035
189 - Division of Environmental Protection ?
Solid Waste Reclamation and
Environmental Response Fund
(WV Code Chapter 22)
Fund 3332 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 793,967
Current Expenses...................................................................... ?????? 13000???????????????????????????? 3,605,237
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 25,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 31,500
Unclassified................................................................................ ?????? 09900????????????????????????????????? 22,900
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 1,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,479,604
190 - Division of Environmental Protection ?
Solid Waste Enforcement Fund
(WV Code Chapter 22)
Fund 3333 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,041,424
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,020,229
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 30,930
Equipment.................................................................................. ?????? 07000????????????????????????????????? 23,356
Unclassified................................................................................ ?????? 09900????????????????????????????????? 37,145
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 25,554
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,178,638
191 - Division of Environmental Protection ?
Air Pollution Control Fund
(WV Code Chapter 22)
Fund 3336 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 5,667,421
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,518,704
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 84,045
Equipment.................................................................................. ?????? 07000??????????????????????????????? 115,356
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 5,580
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 52,951
???? Total....................................................................................... ??????????????????????????? $??????????????? 7,444,057
192 - Division of Environmental Protection ?
Environmental Laboratory
Certification Fund
(WV Code Chapter 22)
Fund 3340 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 295,444
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 216,288
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 6,500
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,120
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 179,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 699,352
193 - Division of Environmental Protection ?
Stream Restoration Fund
(WV Code Chapter 22)
Fund 3349 FY 2018 Org 0313
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 9,298,205
194 - Division of Environmental Protection ?
Litter Control Fund
(WV Code Chapter 22)
Fund 3486 FY 2018 Org 0313
Current Expenses...................................................................... ?????? 13000?????????? $???????????????????? 60,000
195 - Division of Environmental Protection ?
Recycling Assistance Fund
(WV Code Chapter 22)
Fund 3487 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 646,395
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,735,112
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 800
Equipment.................................................................................. ?????? 07000?????????????????????????????????????? 500
Unclassified................................................................................ ?????? 09900?????????????????????????????????????? 400
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 2,500
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,385,707
196 - Division of Environmental Protection ?
Mountaintop Removal Fund
(WV Code Chapter 22)
Fund 3490 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,228,345
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 638,729
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 30,112
Equipment.................................................................................. ?????? 07000????????????????????????????????? 23,725
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,180
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 15,500
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,937,591
197 - Oil and Gas Conservation Commission ?
Special Oil and Gas Conservation Fund
(WV Code Chapter 22C)
Fund 3371 FY 2018 Org 0315
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 157,224
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 161,225
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 9,481
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 1,500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 330,430
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
198 - Division of Health ?
The Vital Statistics Account
(WV Code Chapter 16)
Fund 5144 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 876,771
Unclassified................................................................................ ?????? 09900????????????????????????????????? 15,500
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 1,257,788
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,150,059
199 - Division of Health ?
Hospital Services Revenue Account
Special Fund
Capital Improvement, Renovation and Operations
(WV Code Chapter 16)
Fund 5156 FY 2018 Org 0506
Institutional Facilities Operations............................................... ?????? 33500?????????? $????????????? 56,708,911
Medical Services Trust Fund ? Transfer................................... ?????? 51200?????????? ??????????????? 27,800,000
???? Total....................................................................................... ??????????????????????????? $????????????? 84,508,911
??????????? The
total amount of these appropriations shall be paid from the Hospital Services
Revenue Account Special Fund created by W.Va. Code ?16-1-13, and shall be used
for operating expenses and for improvements in connection with existing
facilities.
??????????? Additional
funds have been appropriated in fund 0525, fiscal year 2018, organization 0506,
for the operation of the institutional facilities. The Secretary of the
Department of Health and Human Resources is authorized to utilize up to ten
percent of the funds from the appropriation for Institutional Facilities
Operations to facilitate cost effective and cost saving services at the
community level.
??????????? Necessary
funds from the above appropriation may be used for medical facilities
operations, either in connection with this fund or in connection with the
appropriation designated Institutional Facilities Operations in the
Consolidated Medical Service Fund (fund 0525, organization 0506).
??????????? From
the above appropriation to Institutional Facilities Operations, together with
available funds from the Consolidated Medical Services Fund (fund 0525,
appropriation 33500) on July 1, 2017, the sum of $160,000 shall be transferred
to the Department of Agriculture ? Land Division ? Farm Operating Fund (1412)
as advance payment for the purchase of food products; actual payments for such
purchases shall not be required until such credits have been completely
expended.
200 - Division of Health ?
Laboratory Services Fund
(WV Code Chapter 16)
Fund 5163 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 862,657
Unclassified................................................................................ ?????? 09900????????????????????????????????? 18,114
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 930,716
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,811,487
201 - Division of Health ?
The Health Facility Licensing Account
(WV Code Chapter 16)
Fund 5172 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 605,950
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 7,113
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 98,247
???? Total....................................................................................... ??????????????????????????? $?????????????????? 711,310
202 - Division of Health ?
Hepatitis B Vaccine
(WV Code Chapter 16)
Fund 5183 FY 2018 Org 0506
Current Expenses...................................................................... ?????? 13000?????????? $???????????????????? 13,800
203 - Division of Health ?
Lead Abatement Account
(WV Code
Chapter 16)
Fund 5204 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 19,100
Unclassified................................................................................ ?????? 09900?????????????????????????????????????? 373
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 17,875
???? Total....................................................................................... ??????????????????????????? $???????????????????? 37,348
204 - Division of Health ?
West Virginia Birth-to-Three Fund
(WV Code Chapter 16)
Fund 5214 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 707,545
Unclassified................................................................................ ?????? 09900??????????????????????????????? 223,999
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 27,993,549
???? Total....................................................................................... ??????????????????????????? $????????????? 28,925,093
205 - Division of Health ?
Tobacco Control Special Fund
(WV Code Chapter 16)
Fund 5218 FY 2018 Org 0506
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????????? 7,579
206 - West Virginia Health Care Authority ?
Health Care Cost Review Fund
(WV Code Chapter 16)
Fund 5375 FY 2018 Org 0507
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,033,821
Hospital Assistance.................................................................... ?????? 02500??????????????????????????????? 600,000
Unclassified................................................................................ ?????? 09900????????????????????????????????? 67,000
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,837,945
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 25,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 50,000
Buildings..................................................................................... ?????? 25800????????????????????????????????? 25,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 100,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 6,738,766
??????????? The
above appropriation is to be expended in accordance with and pursuant to the
provisions of W.Va. Code ?16-29B and from the Special Revolving Fund designated
Health Care Cost Review Fund.
??????????? The
Health Care Authority is authorized to transfer up to $1,500,000 from fund 5375
to the West Virginia Health Information Network Account (fund 5380) as
authorized per W.Va. Code ?16-29G-4.
207 - West Virginia Health Care Authority ?
Certificate of Need Program Fund
(WV Code Chapter 16)
Fund 5377 FY 2018 Org 0507
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 805,113
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 774,967
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,580,080
208 - West Virginia Health Care Authority ?
West Virginia Health Information Network Account
(WV Code Chapter 16)
Fund 5380 FY 2018 Org 0507
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 729,000
Unclassified................................................................................ ?????? 09900????????????????????????????????? 20,000
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,251,000
Technology Infrastructure Network........................................... ?????? 35100?????????? ????????????????? 3,500,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 5,500,000
209 - Division of Human Services ?
Health Care Provider Tax ?
Medicaid State Share Fund
(WV Code Chapter 11)
Fund 5090 FY 2018 Org 0511
Medical Services........................................................................ ?????? 18900?????????? $??????????? 198,381,008
Medical Services Administrative Costs...................................... ?????? 78900?????????? ???????????????????? 418,992
???? Total....................................................................................... ??????????????????????????? $??????????? 198,800,000
??????????? The
above appropriation for Medical Services Administrative Costs (fund 5090,
appropriation 78900) shall be transferred to a Special Revenue account in the
treasury for use by the Department of Health and Human Resources for
administrative purposes. The remainder of all moneys deposited in the fund
shall be transferred to the West Virginia Medical Services Fund (fund 5084.)
210 - Division of Human Services ?
Child Support Enforcement Fund
(WV Code Chapter 48A)
Fund 5094 FY 2018 Org 0511
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 24,809,509
Unclassified................................................................................ ?????? 09900??????????????????????????????? 380,000
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 12,810,491
???? Total....................................................................................... ??????????????????????????? $????????????? 38,000,000
211 - Division of Human Services ?
Medical Services Trust Fund
(WV Code Chapter 9)
Fund 5185 FY 2018 Org 0511
Medical Services........................................................................ ?????? 18900?????????? $??????????? 134,510,937
Medical Services Administrative Costs...................................... ?????? 78900?????????? ???????????????????? 548,723
???? Total....................................................................................... ??????????????????????????? $??????????? 135,059,660
??????????? The
above appropriation to Medical Services shall be used to provide state match of
Medicaid expenditures as defined and authorized in subsection (c) of W.Va. Code
?9-4A-2a. Expenditures from the fund are limited to the following: payment of
backlogged billings, funding for services to future federally mandated
population groups and payment of the required state match for Medicaid
disproportionate share payments. The remainder of all moneys deposited in the
fund shall be transferred to the Division of Human Services accounts.
212 - Division of Human Services ?
James ?Tiger? Morton Catastrophic Illness Fund
(WV Code Chapter 16)
Fund 5454 FY 2018 Org 0511
Unclassified................................................................................ ?????? 09900?????????? $?????????????????????? 7,000
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 693,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 700,000
213 - Division of Human Services ?
Domestic Violence Legal Services Fund
(WV Code Chapter 48)
Fund 5455 FY 2018 Org 0511
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 900,000
214 - Division of Human Services ?
West Virginia Works Separate State College Program Fund
(WV Code Chapter 9)
Fund 5467 FY 2018 Org 0511
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 1,000,000
215 - Division of Human Services ?
West Virginia Works Separate State Two-Parent Program Fund
(WV Code Chapter 9)
Fund 5468 FY 2018 Org 0511
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 2,000,000
216 - Division of Human Services ?
Marriage Education Fund
(WV Code Chapter 9)
Fund 5490 FY 2018 Org 0511
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 10,000
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 25,000
???? Total....................................................................................... ??????????????????????????? $???????????????????? 35,000
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
217 - Department of Military Affairs and
Public Safety ?
Office of the Secretary ?
Law-Enforcement, Safety and Emergency Worker
Funeral Expense Payment Fund
(WV Code Chapter 15)
Fund 6003 FY 2018 Org 0601
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 32,000
218 - State Armory Board ?
General Armory Fund
(WV Code Chapter 15)
Fund 6057 FY 2018 Org 0603
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,643,528
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 650,000
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 485,652
Equipment.................................................................................. ?????? 07000??????????????????????????????? 300,000
Buildings..................................................................................... ?????? 25800??????????????????????????????? 770,820
Other Assets............................................................................... ?????? 69000??????????????????????????????? 100,000
Land??? ........................................................................................ ?????? 73000?????????? ?????????????????????? 50,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,000,000
??????????? From
the above appropriations, the Adjutant General may receive and expend funds to
conduct operations and activities to include functions of the Military
Authority. The Adjutant General may transfer funds between appropriations,
except no funds may be transferred to Personal Services and Employee Benefits
(fund 6057, appropriation 00100).
219 - Division of Homeland Security and
Emergency Management ?
West Virginia Interoperable Radio Project
(WV Code Chapter 24)
Fund 6295 FY 2018 Org 0606
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 2,000,000
??????????? Any
unexpended balance remaining in the appropriation for Unclassified ? Total
(fund 6295, appropriation 09600) at the close of fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
220 - Division of Homeland Security and
Emergency Management ?
Statewide Interoperable Radio Network Account
(WV Code Chapter 24)
Fund ????FY 2018 Org 0606
Unclassified................................................................................ ?????? 09900?????????? $???????????????????? 10,000
221 - West Virginia Division of Corrections
?
Parolee Supervision Fees
(WV Code Chapter 62)
Fund 6362 FY 2018 Org 0608
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,013,793
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 9,804
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 758,480
Equipment.................................................................................. ?????? 07000????????????????????????????????? 30,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 40,129
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,852,206
222 - West Virginia State Police ?
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)
Fund 6501 FY 2018 Org 0612
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,786,923
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,488,211
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 204,500
Equipment.................................................................................. ?????? 07000???????????????????????????? 3,770,751
Buildings..................................................................................... ?????? 25800??????????????????????????????? 534,000
Other Assets............................................................................... ?????? 69000??????????????????????????????????? 5,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????? 302,432
???? Total....................................................................................... ??????????????????????????? $??????????????? 8,091,817
??????????? The
total amount of these appropriations shall be paid from the Special Revenue
Fund out of fees collected for inspection stickers as provided by law.
223 - West Virginia State Police ?
Drunk Driving Prevention Fund
(WV Code Chapter 15)
Fund 6513 FY 2018 Org 0612
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 1,327,000
Equipment.................................................................................. ?????? 07000???????????????????????????? 3,491,895
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????? 154,452
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,973,347
??????????? The
total amount of these appropriations shall be paid from the Special Revenue Fund
out of receipts collected pursuant to W.Va. Code ?11-15-9a and 16 and paid into
a revolving fund account in the State Treasury.
224 - West Virginia State Police ?
Surplus Real Property Proceeds Fund
(WV Code Chapter 15)
Fund 6516 FY 2018 Org 0612
Buildings..................................................................................... ?????? 25800?????????? $?????????????????? 443,980
Land??? ........................................................................................ ?????? 73000??????????????????????????????????? 1,000
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 77,222
???? Total....................................................................................... ??????????????????????????? $?????????????????? 522,202
225 - West Virginia State Police ?
Surplus Transfer Account
(WV Code Chapter 15)
Fund 6519 FY 2018 Org 0612
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 225,000
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 20,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 250,000
Buildings..................................................................................... ?????? 25800????????????????????????????????? 40,000
Other Assets............................................................................... ?????? 69000????????????????????????????????? 45,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 5,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 585,000
226 - West Virginia State Police ?
Central Abuse Registry Fund
(WV Code Chapter 15)
Fund 6527 FY 2018 Org 0612
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 236,881
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 51,443
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 500
Equipment.................................................................................. ?????? 07000??????????????????????????????? 300,500
Other Assets............................................................................... ?????? 69000??????????????????????????????? 300,500
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 18,524
???? Total....................................................................................... ??????????????????????????? $?????????????????? 908,348
227 - West Virginia State Police ?
Bail Bond Enforcer Account
(WV Code Chapter 15)
Fund 6532 FY 2018 Org 0612
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????????? 8,300
228 - West Virginia State Police ?
State Police Academy Post Exchange
(WV Code Chapter 15)
Fund 6544 FY 2018 Org 0612
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 160,000
Repairs and Alterations.............................................................. ?????? 06400?????????? ?????????????????????? 40,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 200,000
229 - Regional Jail and Correctional
Facility Authority
(WV Code Chapter 31)
Fund 6675 FY 2018 Org 0615
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,971,039
Debt Service.............................................................................. ?????? 04000???????????????????????????? 9,000,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 495,852
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 4,000
Equipment.................................................................................. ?????? 07000?????????? ???????????????????????? 1,743
???? Total....................................................................................... ??????????????????????????? $????????????? 11,472,634
230 - Fire Commission ?
Fire Marshal Fees
(WV Code Chapter 29)
Fund 6152 FY 2018 Org 0619
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,033,683
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 3,800
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,249,550
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 58,500
Equipment.................................................................................. ?????? 07000??????????????????????????????? 140,800
Other Assets............................................................................... ?????? 69000????????????????????????????????? 12,000
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 50,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,548,333
231 - Division of Justice and Community
Services ?
WV Community Corrections Fund
(WV Code Chapter 62)
Fund 6386 FY 2018 Org 0620
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 152,000
Unclassified................................................................................ ?????? 09900?????????????????????????????????????? 750
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,846,250
Repairs and Alterations.............................................................. ?????? 06400?????????? ???????????????????????? 1,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,000,000
232 - Division of Justice and Community
Services ?
Court Security Fund
(WV Code Chapter 51)
Fund 6804 FY 2018 Org 0620
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 21,865
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 1,478,135
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,500,000
DEPARTMENT OF REVENUE
233 - Division of Financial Institutions
(WV Code Chapter 31A)
Fund 3041 FY 2018 Org 0303
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,503,751
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 695,225
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 100
Equipment.................................................................................. ?????? 07000????????????????????????????????? 14,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 15,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,229,076
234 - Office of the Secretary ?
Revenue Shortfall Reserve Fund
(WV Code Chapter 11B)
Fund 7005 FY 2018 Org 0701
Medical Services Trust Fund..................................................... ?????? 51200?????????? $????????????? 90,000,000
??????????? The
above appropriation for Medical Services Trust Fund ? Transfer (appropriation
51200) shall be transferred to the Medical Services Trust Fund (fund 5185).
235 - Office of the Secretary ?
State Debt Reduction Fund
(WV Code Chapter 29)
Fund 7007 FY 2018 Org 0701
Directed Transfer....................................................................... ?????? 70000?????????? $????????????? 20,000,000
??????????? The
above appropriation for Directed Transfer shall be transferred to the
Consolidated Public Retirement Board ? West Virginia Public Employees
Retirement System Employers Accumulation Fund (fund 2510).
236 - Tax Division ?
Cemetery Company Account
(WV Code Chapter 35)
Fund 7071 FY 2018 Org 0702
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 23,459
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????????? 7,717
???? Total....................................................................................... ??????????????????????????? $???????????????????? 31,176
237 - Tax Division ?
Special Audit and Investigative Unit
(WV Code Chapter 11)
Fund 7073 FY 2018 Org 0702
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 655,203
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 9,500
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 273,297
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 7,000
Equipment.................................................................................. ?????? 07000?????????? ???????????????????????? 5,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 950,000
238 - Tax Division ?
Wine Tax Administration Fund
(WV Code Chapter 60)
Fund 7087 FY 2018 Org 0702
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 254,162
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????????? 5,406
???? Total....................................................................................... ??????????????????????????? $?????????????????? 259,568
239 - Tax Division ?
Reduced Cigarette Ignition Propensity
Standard and Fire Prevention Act Fund
(WV Code Chapter 47)
Fund 7092 FY 2018 Org 0702
Current Expenses...................................................................... ?????? 13000?????????? $???????????????????? 35,000
Equipment.................................................................................. ?????? 07000?????????? ?????????????????????? 15,000
???? Total....................................................................................... ??????????????????????????? $???????????????????? 50,000
240 - Tax Division ?
Local Sales Tax and Excise Tax
Administration Fund
(WV Code Chapter 11)
Fund 7099 FY 2018 Org 0702
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,508,968
Unclassified................................................................................ ?????? 09900????????????????????????????????? 10,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 784,563
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000?????????? ???????????????????????? 5,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,309,531
241 - State Budget Office ?
Public Employees Insurance Reserve Fund
(WV Code Chapter 11B)
Fund 7400 FY 2018 Org 0703
Public Employees Insurance Reserve
Fund ? Transfer............ ?????? 90300?????????? $??????????????? 6,800,000
??????????? The
above appropriation for Public Employees Insurance Reserve Fund ? Transfer
shall be transferred to the Medical Services Trust Fund (fund 5185, org 0511)
for expenditure.
242 - State Budget Office ?
Public Employee Insurance Agency Financial Stability Fund
(WV Code Chapter 11B)
Fund 7401 FY 2018 Org 0703
Retiree Premium Offset............................................................. ?????? 80101?????????? $??????????????? 5,000,000
PEIA Reserve............................................................................ ?????? 80102?????????? ??????????????? 10,000,000
???? Total....................................................................................... ??????????????????????????? $????????????? 15,000,000
??????????? The
above appropriation shall be transferred to special revenue funds to be
utilized by the West Virginia Public Employees Insurance Agency for the
purposes of permitting the PEIA Finance Board to offset $5 million in retiree
premium increases. Additionally, $10 million will be put into a reserve fund to
stabilize and preserve the future solvency of PEIA. Such amount shall not be
included in the calculation of the plan year aggregate premium cost-sharing
percentages between employers and employees.
243 - Insurance Commissioner ?
Examination Revolving Fund
(WV Code Chapter 33)
Fund 7150 FY 2018 Org 0704
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 721,117
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,357,201
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 3,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 81,374
Buildings..................................................................................... ?? ??? 25800??????????????????????????????????? 8,289
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 11,426
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,182,407
244 - Insurance Commissioner ?
Consumer Advocate
(WV Code Chapter 33)
Fund 7151 FY 2018 Org 0704
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 552,228
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 202,152
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 34,225
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 4,865
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 19,460
???? Total....................................................................................... ??????????????????????????? $?????????????????? 817,930
245 - Insurance Commissioner ?
Insurance Commission Fund
(WV Code Chapter 33)
Fund 7152 FY 2018 Org 0704
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 23,039,727
Current Expenses...................................................................... ?????? 13000???????????????????????????? 8,797,758
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 68,614
Equipment.................................................................................. ?????? 07000???????????????????????????? 1,728,240
Buildings..................................................................................... ?????? 25800????????????????????????????????? 25,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 340,661
???? Total....................................................................................... ??????????????????????????? $????????????? 34,000,000
246 - Insurance Commissioner ?
Workers? Compensation Old Fund
(WV Code Chapter 23)
Fund 7162 FY 2018 Org 0704
Employee Benefits..................................................................... ?????? 01000?????????? $???????????????????? 50,000
Current Expenses...................................................................... ?????? 13000?????????? ????????????? 250,500,000
???? Total....................................................................................... ??????????????????????????? $??????????? 250,550,000
247 - Insurance Commissioner ?
Workers? Compensation Uninsured Employers? Fund
(WV Code Chapter 23)
Fund 7163 FY 2018 Org 0704
Current Expenses...................................................................... ?????? 13000?????????? $????????????? 15,000,000
248 - Insurance Commissioner ?
Self-Insured Employer Guaranty Risk Pool
(WV Code Chapter 23)
Fund 7164 FY 2018 Org 0704
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 9,000,000
249 - Insurance Commissioner ?
Self-Insured Employer Security Risk Pool
(WV Code Chapter 23)
Fund 7165 FY 2018 Org 0704
Current Expenses...................................................................... ?????? 13000?????????? $????????????? 14,000,000
250 - Municipal Bond Commission
(WV Code Chapter 13)
Fund 7253 FY 2018 Org 0706
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 247,523
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 144,844
Equipment.................................................................................. ?????? 07000?????????? ??????????????????????????? 100
???? Total....................................................................................... ??????????????????????????? $?????????????????? 392,467
251 - Racing Commission ?
Relief Fund
(WV Code Chapter 19)
Fund 7300 FY 2018 Org 0707
Medical Expenses ? Total.......................................................... ?????? 24500?????????? $???????????????????? 57,000
??????????? The
total amount of this appropriation shall be paid from the Special Revenue Fund
out of collections of license fees and fines as provided by law.
??????????? No
expenditures shall be made from this fund except for hospitalization, medical
care and/or funeral expenses for persons contributing to this fund.
252 - Racing Commission ?
Administration and Promotion Account
(WV Code Chapter 19)
Fund 7304 FY 2018 Org 0707
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 256,665
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 93,335
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 5,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 355,000
253 - Racing Commission ?
General Administration
(WV Code Chapter 19)
Fund 7305 FY 2018 Org 0707
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,271,339
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 566,248
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 7,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 50,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,894,587
254 - Racing Commission ?
Administration, Promotion, Education, Capital Improvement
and Greyhound Adoption Programs
to include Spaying and Neutering Account
(WV Code Chapter 19)
Fund 7307 FY 2018 Org 0707
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 864,474
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 214,406
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 200,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,278,880
255 - Alcohol Beverage Control
Administration ?
Wine License Special Fund
(WV Code Chapter 60)
Fund 7351 FY 2018 Org 0708
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 122,339
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 69,186
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 7,263
Equipment.................................................................................. ?????? 07000????????????????????????????????? 10,000
Buildings..................................................................................... ?????? 25800??????????????????????????????? 100,000
Other Assets............................................................................... ?????? 69000?????????? ??????????????????????????? 100
???? Total....................................................................................... ??????????????????????????? $?????????????????? 308,888
??????????? To
the extent permitted by law, four classified exempt positions shall be provided
from Personal Services and Employee Benefits appropriation for field auditors.
256 - Alcohol Beverage Control
Administration
(WV Code Chapter 60)
Fund 7352 FY 2018 Org 0708
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 5,413,237
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,890,577
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 91,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 108,000
Buildings..................................................................................... ?????? 25800??????????????????????????????? 375,100
Purchase of Supplies for Resale............................................... ?????? 41900?????????????????????????? 72,500,000
Transfer Liquor Profits and Taxes............................................. ?????? 42500?????????????????????????? 16,000,000
Other Assets............................................................................... ?????? 69000??????????????????????????????? 125,100
Land??? ........................................................................................ ?????? 73000?????????? ??????????????????????????? 100
???? Total....................................................................................... ??????????????????????????? $????????????? 97,503,114
??????????? The
total amount of these appropriations shall be paid from a special revenue fund
out of liquor revenues and any other revenues available.
??????????? The
above appropriations include the salary of the commissioner and the salaries,
expenses and equipment of administrative offices, warehouses and inspectors.
??????????? The
above appropriations include funding for the Tobacco/Alcohol Education Program.
??????????? There
is hereby appropriated from liquor revenues, in addition to the above
appropriations as needed, the necessary amount for the purchase of liquor as
provided by law and the remittance of profits and taxes to the General Revenue
Fund.
257 - State Athletic Commission Fund
(WV Code Chapter 29)
Fund 7009 FY 2018 Org 0933
Current Expenses...................................................................... ?????? 13000?????????? $???????????????????? 30,000
DEPARTMENT OF TRANSPORTATION
258 - Division of Motor Vehicles ?
Dealer Recovery Fund
(WV Code Chapter 17)
Fund 8220 FY 2018 Org 0802
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 189,000
259 - Division of Motor Vehicles ?
Motor Vehicle Fees Fund
(WV Code Chapter 17B)
Fund 8223 FY 2018 Org 0802
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,362,799
Current Expenses...................................................................... ?????? 13000???????????????????????????? 4,374,083
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 16,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 75,000
Other Assets............................................................................... ?????? 69000????????????????????????????????? 10,000
BRIM Premium.......................................................................... ?????? 91300?????????? ?????????????????????? 73,629
???? Total....................................................................................... ??????????????????????????? $??????????????? 7,911,511
260 - Division of Highways ?
A. James Manchin Fund
(WV Code Chapter 22)
Fund 8319 FY 2018 Org 0803
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 1,650,000
DEPARTMENT OF VETERANS? ASSISTANCE
261 - Veterans? Facilities Support Fund
(WV Code Chapter 9A)
Fund 6703 FY 2018 Org 0613
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 94,210
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,255,997
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 10,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 10,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,380,207
262 - Department of Veterans? Assistance ?
WV Veterans? Home ?
Special Revenue Operating Fund
(WV Code Chapter 9A)
Fund 6754 FY 2018 Org 0618
Current Expenses...................................................................... ?????? 13000?????????? $?????????????????? 700,000
Repairs and Alterations.............................................................. ?????? 06400?????????? ?????????????????????? 50,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 750,000
BUREAU OF SENIOR SERVICES
263 - Bureau of Senior Services ?
Community Based Service Fund
(WV Code Chapter 22)
Fund 5409 FY 2018 Org 0508
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 151,290
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 10,348,710
???? Total....................................................................................... ??????????????????????????? $????????????? 10,500,000
??????????? The
total amount of these appropriations are funded from annual table game license
fees to enable the aged and disabled citizens of West Virginia to stay in their
homes through the provision of home and community-based services.
HIGHER EDUCATION POLICY COMMISSION
264 - Higher Education Policy Commission ?
System ?
Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4903 FY 2018 Org 0442
Debt Service.............................................................................. ?????? 04000?????????? $????????????? 27,716,974
General Capital Expenditures.................................................... ?????? 30600???????????????????????????? 5,000,000
Facilities Planning and Administration....................................... ?????? 38600?????????? ???????????????????? 421,082
???? Total....................................................................................... ??????????????????????????? $????????????? 33,138,056
??????????? The
total amount of these appropriations shall be paid from the Special Capital
Improvement Fund created in W.Va. Code ?18B-10-8. Projects are to be paid on a
cash basis and made available on July 1.
??????????? The
above appropriations, except for Debt Service, may be transferred to special
revenue funds for capital improvement projects at the institutions.
265 - Tuition Fee Revenue Bond Construction
Fund
(WV Code Chapters 18 and 18B)
Fund 4906 FY 2018 Org 0442
??????????? Any
unexpended balance remaining in the appropriation for Capital Outlay (fund
4906, appropriation 51100) at the close of the fiscal year 2017 is hereby
reappropriated for expenditure during the fiscal year 2018.
??????????? The
appropriation shall be paid from available unexpended cash balances and
interest earnings accruing to the fund. The appropriation shall be expended at
the discretion of the Higher Education Policy Commission and the funds may be
allocated to any institution within the system.
??????????? The
total amount of this appropriation shall be paid from the unexpended proceeds
of revenue bonds previously issued pursuant to W.Va. Code ?18-12B-8, which have
since been refunded.
266 - Community and Technical College ?
Capital Improvement Fund
(WV Code Chapter 18B)
Fund 4908 FY 2018 Org 0442
??????????? Any
unexpended balance remaining in the appropriation for Capital Improvements ?
Total (fund 4908, appropriation 95800) at the close of fiscal year 2017 is
hereby reappropriated for expenditure during the fiscal year 2018.
??????????? The
total amount of this appropriation shall be paid from the sale of the 2009
Series A Community and Technical College Capital Improvement Revenue Bonds and
anticipated interest earnings.
267 - West Virginia University ?
West Virginia University Health Sciences Center
(WV Code Chapters 18 and 18B)
Fund 4179 FY 2018 Org 0463
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 10,274,340
Current Expenses...................................................................... ?????? 13000???????????????????????????? 4,524,300
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 425,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 512,000
Buildings..................................................................................... ?????? 25800??????????????????????????????? 150,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 50,000
???? Total....................................................................................... ??????????????????????????? $????????????? 15,935,640
MISCELLANEOUS BOARDS AND COMMISSIONS
268 - Board of Barbers and Cosmetologists ?
Barbers and Beauticians Special Fund
(WV Code Chapters 16 and 30)
Fund 5425 FY 2018 Org 0505
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 504,497
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 239,969
???? Total....................................................................................... ??????????????????????????? $?????????????????? 744,466
??????????? The
total amount of these appropriations shall be paid from a special revenue fund
out of collections made by the Board of Barbers and Cosmetologists as provided
by law.
269 - Hospital Finance Authority ?
Hospital Finance Authority Fund
(WV Code Chapter 16)
Fund 5475 FY 2018 Org 0509
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 85,981
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 1,450
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 57,740
???? Total....................................................................................... ??????????????????????????? $?????????????????? 145,171
??????????? The
total amount of these appropriations shall be paid from the special revenue
fund out of fees and collections as provided by Article 29A, Chapter 16 of the
Code.
270 - WV State Board of Examiners for Licensed
Practical Nurses ?
Licensed Practical Nurses
(WV Code Chapter 30)
Fund 8517 FY 2018 Org 0906
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 430,324
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 53,133
???? Total....................................................................................... ??????????????????????????? $?????????????????? 483,457
271 - WV Board of Examiners for Registered
Professional Nurses ?
Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2018 Org 0907
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,081,694
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 295,339
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 3,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 19,500
Other Assets............................................................................... ?????? 69000??????????????????????????????????? 4,500
Directed Transfer....................................................................... ?????? 70000?????????? ??????????????????????????????? 0
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,404,033
???????????
272 - Public Service Commission
(WV Code Chapter 24)
Fund 8623 FY 2018 Org 0926
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 11,807,314
Unclassified................................................................................ ?????? 09900??????????????????????????????? 147,643
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,594,398
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 55,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 160,000
PSC Weight Enforcement......................................................... ?????? 34500???????????????????????????? 4,370,453
Debt Payment/Capital Outlay.................................................... ?????? 52000??????????????????????????????? 350,000
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????? 150,040
???? Total....................................................................................... ??????????????????????????? $????????????? 19,634,848
??????????? The
total amount of these appropriations shall be paid from a special revenue fund
out of collections for special license fees from public service corporations as
provided by law.
??????????? The
Public Service Commission is authorized to transfer up to $500,000 from this
fund to meet the expected deficiencies in the Motor Carrier Division (fund
8625, org 0926) due to the amendment and reenactment of W.Va. Code ?24A-3-1 by
Enrolled House Bill Number 2715, Regular Session, 1997.
273 - Public Service Commission ?
Gas Pipeline Division ?
Public Service Commission Pipeline Safety Fund
(WV Code Chapter 24B)
Fund 8624 FY 2018 Org 0926
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 284,198
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 3,851
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 93,115
Repairs and Alterations.............................................................. ?????? 06400?????????? ???????????????????????? 4,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 385,164
??????????? The
total amount of these appropriations shall be paid from a special revenue fund
out of receipts collected for or by the Public Service Commission pursuant to
and in the exercise of regulatory authority over pipeline companies as provided
by law.
274 - Public Service Commission ?
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8625 FY 2018 Org 0926
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,243,526
Unclassified................................................................................ ?????? 09900????????????????????????????????? 29,233
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 577,557
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 23,000
Equipment.................................................................................. ?????? 07000?????????? ?????????????????????? 50,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,923,316
??????????? The
total amount of these appropriations shall be paid from a special revenue fund
out of receipts collected for or by the Public Service Commission pursuant to
and in the exercise of regulatory authority over motor carriers as provided by
law.
275 - Public Service Commission ?
Consumer Advocate Fund
(WV Code Chapter 24)
Fund 8627 FY 2018 Org 0926
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 743,372
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 276,472
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 9,872
BRIM Premium.......................................................................... ?????? 91300?????????? ???????????????????????? 4,660
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,034,376
??????????? The
total amount of these appropriations shall be supported by cash from a special
revenue fund out of collections made by the Public Service Commission.
276 - Real Estate Commission ?
Real Estate License Fund
(WV Code Chapter 30)
Fund 8635 FY 2018 Org 0927
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 582,413
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 285,622
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,000
Equipment.................................................................................. ?????? 07000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 883,035
??????????? The
total amount of these appropriations shall be paid out of collections of
license fees as provided by law.
277 - WV Board of Examiners for
Speech-Language
Pathology and Audiology ?
Speech-Language Pathology and Audiology Operating Fund
(WV Code Chapter 30)
Fund 8646 FY 2018 Org 0930
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 73,190
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 65,623
???? Total....................................................................................... ??????????????????????????? $?????????????????? 138,813
278 - WV Board of Respiratory Care ?
Board of Respiratory Care Fund
(WV Code Chapter 30)
Fund 8676 FY 2018 Org 0935
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 79,643
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 51,047
Repairs and Alterations.............................................................. ?????? 06400?????????? ??????????????????????????? 400
???? Total....................................................................................... ??????????????????????????? $?????????????????? 131,090
279 - WV Board of Licensed Dietitians ?
Dietitians Licensure Board Fund
(WV Code Chapter 30)
Fund 8680 FY 2018 Org 0936
Personal Services and Employee Benefits............................... ?????? 00100?????????? $???????????????????? 15,950
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 17,050
???? Total....................................................................................... ??????????????????????????? $???????????????????? 33,000
280 - Massage Therapy Licensure Board ?
Massage Therapist Board Fund
(WV Code Chapter 30)
Fund 8671 FY 2018 Org 0938
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 104,418
Current Expenses...................................................................... ?????? 13000?????????? ?????????????????????? 22,648
???? Total....................................................................................... ??????????????????????????? $?????????????????? 127,066
281 - Board of Medicine ?
Medical Licensing Board Fund
(WV Code Chapter 30)
Fund 9070 FY 2018 Org 0945
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,187,752
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 988,789
Repairs and Alterations.............................................................. ?????? 06400?????????? ?????????????????????? 20,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,196,541
282 - West Virginia Enterprise Resource
Planning Board ?
Enterprise Resource Planning System Fund
(WV Code Chapter 12)
Fund 9080 FY 2018 Org 0947
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 6,713,066
Unclassified................................................................................ ?????? 09900??????????????????????????????? 232,000
Current Expenses...................................................................... ?????? 13000?????????????????????????? 20,140,134
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 300
Equipment.................................................................................. ?????? 07000??????????????????????????????? 213,000
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 2,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 199,500
???? Total....................................................................................... ??????????????????????????? $????????????? 27,500,000
283 - Board of Treasury Investments ?
Board of Treasury Investments Fee Fund
(WV Code Chapter 12)
Fund 9152 FY 2018 Org 0950
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 782,889
Unclassified................................................................................ ?????? 09900????????????????????????????????? 14,850
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 650,714
BRIM Premium.......................................................................... ?????? 91300????????????????????????????????? 36,547
Fees of Custodians, Fund Advisors and
Fund Managers......... ?????? 93800?????????? ????????????????? 3,500,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,985,000
??????????? There
is hereby appropriated from this fund, in addition to the above appropriation
if needed, an amount of funds necessary for the Board of Treasury Investments
to pay the fees and expenses of custodians, fund advisors and fund managers for
the Consolidated fund of the State as provided in Article 6C, Chapter 12 of the
Code.
??????????? The
total amount of these appropriations shall be paid from the special revenue
fund out of fees and collections as provided by law.
Total TITLE II, Section 3 ? Other Funds
???? (Including
claims against the state)....................................... ??????????????????????????? $???????? 1,629,216,710
??????????? Sec. 4. Appropriations from lottery net
profits. ? Net profits of the lottery are to be deposited by the director
of the lottery to the following accounts in the amounts indicated. The Director
of the Lottery shall prorate each deposit of net profits in the proportion the
appropriation for each account bears to the total of the appropriations for all
accounts.
??????????? After
first satisfying the requirements for Fund 2252, Fund 3963, and Fund 4908
pursuant to W.Va. Code ?29-22-18, the Director of the Lottery shall make
available from the remaining net profits of the lottery any amounts needed to
pay debt service for which an appropriation is made for Fund 9065, Fund 4297,
Fund 3390, and Fund 3514 and is authorized to transfer any such amounts to Fund
9065, Fund 4297, Fund 3390, and Fund 3514 for that purpose. Upon receipt of
reimbursement of amounts so transferred, the Director of the Lottery shall
deposit the reimbursement amounts to the following accounts as required by this
section.
284 - Education, Arts, Sciences and Tourism
?
Debt Service Fund
(WV Code Chapter 5)
Fund 2252 FY 2018 Org 0211
??????????????????????????????????????????????????????????????????????????????????????????????????????????? Appro-????????????????? Lottery
??????????????????????????????????????????????????????????????????????????????????????????????????????????? priation????????????????? Funds
Debt Service ? Total................................................................... ?????? 31000?????????? $????????????? 10,000,000
285 - West Virginia Development Office ?
West Virginia Tourism Office (WV Code Chapter 5B)
Fund 3067 FY 2018 Org 0304
Tourism ? Telemarketing Center............................................... ?????? 46300?????????? $???????????????????? 82,080
Tourism ? Advertising (R).......................................................... ?????? 61800???????????????????????????? 1,822,407
Tourism ? Operations (R).......................................................... ?????? 66200?????????? ????????????????? 3,951,872
???? Total....................................................................................... ??????????????????????????? $??????????????? 5,856,359
???? ?????? Any unexpended balances remaining in the
appropriations for Tourism ? Advertising (fund 3067, appropriation 61800), and
Tourism ? Operations (fund 3067, appropriation 66200) at the close of the
fiscal year 2017 are hereby reappropriated for expenditure during the fiscal
year 2018.
286 - Division of Natural Resources
(WV Code Chapter 20)
Fund 3267 FY 2018 Org 0310
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,090,941
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 23,000
Pricketts Fort State Park............................................................ ?????? 32400??????????????????????????????? 106,560
Non-Game Wildlife (R)............................................................... ?????? 52700??????????????????????????????? 365,540
State Parks and Recreation Advertising
(R)............................. ?????? 61900?????????? ???????????????????? 494,578
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,080,619
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
3267, appropriation 09900), Capital Outlay ? Parks (fund 3267, appropriation
28800), Non-Game Wildlife (fund 3267, appropriation 52700), and State Parks and
Recreation Advertising (fund 3267, appropriation 61900) at the close of the
fiscal year 2017 are hereby reappropriated for expenditure during the fiscal
year 2018.
287 - State Board of Education
(WV Code Chapters 18 and 18A)
Fund 3951 FY 2018 Org 0402
FBI Checks................................................................................ ?????? 37200?????????? $?????????????????? 108,860
Vocational Education Equipment
Replacement........................ ?????? 39300??????????????????????????????? 800,000
Assessment Program (R).......................................................... ?????? 39600???????????????????????????? 2,946,059
21st Century Technology Infrastructure
???? Network
Tools and Support (R)............................................ ?????? 93300?????????? ??????????????? 13,868,262
???? Total....................................................................................... ??????????????????????????? $????????????? 17,723,181
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
3951, appropriation 09900), Current Expenses (fund 3951, appropriation 13000),
Assessment Program (fund 3951, appropriation 39600), and 21st Century
Technology Infrastructure Network Tools and Support (fund 3951, appropriation
93300) at the close of the fiscal year 2017 are hereby reappropriated for
expenditure during the fiscal year 2018.
288 - State Department of Education ?
School Building Authority ?
Debt Service Fund
(WV Code Chapter 18)
Fund 3963 FY 2018 Org 0402
Debt Service ? Total................................................................... ?????? 31000?????????? $??????????????? 6,414,437
Directed Transfer....................................................................... ?????? 70000?????????? ??????????????? 11,585,563
???? Total....................................................................................... ??????????????????????????? $????????????? 18,000,000
??????????? The
School Building Authority shall have the authority to transfer between the
above appropriations in accordance with W.Va. Code ?29-22-18.
289 - Department of Education and the Arts ?
Office of the Secretary ?
Control Account ?
Lottery Education Fund
(WV Code Chapter 5F)
Fund 3508 FY 2018 Org 0431
Unclassified (R).......................................................................... ?????? 09900?????????? $?????????????????????? 9,483
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 110,617
Commission for National and Community
Service................... ?????? 19300??????????????????????????????? 348,254
Statewide STEM 21st Century Academy.................................. ?????? 89700??????????????????????????????? 130,000
Literacy Project (R).................................................................... ?????? 89900?????????? ???????????????????? 350,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 948,354
??????????? Any
unexpended balances remaining in the appropriations for Unclassified (fund
3508, appropriation 09900), Governor?s Honors Academy (fund 3508, appropriation
47800), Arts Programs (fund 3508, appropriation 50000), and Literacy Project
(fund 3508, appropriation 89900) at the close of fiscal year 2017 are hereby
reappropriated for expenditure during the fiscal year 2018.
290 - Division of Culture and History ?
Lottery Education Fund
(WV Code Chapter 29)
Fund 3534 FY 2018 Org 0432
Huntington Symphony............................................................... ?????? 02700?????????? $???????????????????? 59,058
Preservation WV (R).................................................................. ?????? 09200??????????????????????????????? 466,921
Fairs and Festivals (R)............................................................... ?????? 12200???????????????????????????? 1,346,814
Archeological Curation/Capital
Improvements (R).................... ?????? 24600????????????????????????????????? 30,074
Historic Preservation Grants (R)................................................ ?????? 31100??????????????????????????????? 294,742
West Virginia Public Theater...................................................... ?????? 31200??????????????????????????????? 120,019
Greenbrier Valley Theater.......................................................... ?????? 42300????????????????????????????????? 99,543
Theater Arts of West Virginia..................................................... ?????? 46400????????????????????????????????? 90,000
Marshall Artists Series............................................................... ?????? 51800????????????????????????????????? 36,005
Grants for Competitive Arts Program (R).................................. ?????? 62400??????????????????????????????? 580,800
West Virginia State Fair............................................................. ?????? 65700????????????????????????????????? 31,241
Save the Music.......................................................................... ?????? 68000????????????????????????????????? 24,000
Contemporary American Theater Festival................................. ?????? 81100????????????????????????????????? 57,281
Independence Hall..................................................................... ?????? 81200????????????????????????????????? 27,277
Mountain State Forest Festival.................................................. ?????? 86400????????????????????????????????? 38,187
WV Symphony........................................................................... ?????? 90700????????????????????????????????? 59,058
Wheeling Symphony.................................................................. ?????? 90800????????????????????????????????? 59,058
Appalachian Children?s Chorus................................................. ?????? 91600?????????? ?????????????????????? 54,554
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,474,632
??????????? From the above appropriation for
Preservation West Virginia (fund 3534, appropriation 09200) funding shall be
provided to the African-American Heritage Family Tree Museum (Fayette) $2,673,
Aracoma Story (Logan) $29,703, Arts Monongahela (Monongalia) $11,881, Barbour
County Arts and Humanities Council $891, Beckley Main Street (Raleigh) $2,970,
Buffalo Creek Memorial (Logan) $2,970, Carnegie Hall (Greenbrier) $46,899,
Ceredo Historical Society (Wayne) $1,166, Ceredo Kenova Railroad Museum (Wayne)
$1,166, Ceredo Museum (Wayne) $720, Children?s Theatre of Charleston (Kanawha)
$3,127, Chuck Mathena Center (Mercer) $62,532, Collis P. Huntington Railroad
Historical Society (Cabell) $5,940, Country Music Hall of Fame and Museum (Marion)
$4,158, First Stage Children?s Theater Company $1,166, Flannigan Murrell House
(Summers) $3,780, Fort Ashby Fort (Mineral) $891, Fort New Salem (Harrison)
$2,198, Fort Randolph (Mason) $2,970, General Adam Stephen Memorial Foundation
(Berkeley) $11,005, Grafton Mother?s Day Shrine Committee (Taylor) $5,049,
Hardy County Tour and Crafts Association $11,881, Heartwood in the Hills
(Calhoun) $5,040, Heritage Farm Museum & Village (Cabell) $29,703, Historic
Fayette Theater (Fayette) $3,267, Historic Middleway Conservancy (Jefferson)
$594, Jefferson County Black History Preservation Society $2,970, Jefferson
County Historical Landmark Commission $4,752, Maddie Carroll House (Cabell)
$4,455, Marshall County Historical Society $5,049, McCoy Theater (Hardy)
$11,881, Morgantown Theater Company (Monongalia) $11,881, Mountaineer Boys?
State (Lewis) $5,940, Nicholas Old Main Foundation (Nicholas) $1,188, Norman
Dillon Farm Museum (Berkeley) $5,940, Old Opera House Theater Company
(Jefferson) $8,910, Parkersburg Arts Center (Wood) $11,881, Pocahontas Historic
Opera House $3,564, Raleigh County All Wars Museum $5,940, Rhododendron Girl?s
State (Ohio) $5,940, Roane County 4-H and FFA Youth Livestock Program $2,970,
Scottish Heritage Society/N. Central WV (Harrison) $2,970, Society for the
Preservation of McGrew House (Preston) $2,079, Southern West Virginia Veterans?
Museum $3,393, Summers County Historic Landmark Commission $2,970, Those Who
Served War Museum (Mercer) $2,376, Three Rivers Avian Center (Summers) $5,310,
Tug Valley Arts Council (Mingo) $2,970, Tug Valley Chamber of Commerce Coal
House (Mingo) $1,188, Tunnelton Historical Society (Preston) $1,188, Veterans
Committee for Civic Improvement of Huntington (Wayne) $2,970, West Virginia
Museum of Glass (Lewis) $3,713, West Virginia Music Hall of Fame (Kanawha)
$20,792, YMCA Camp Horseshoe (Tucker) $59,405, Youth Museum of Southern West
Virginia (Raleigh) $7,128, Z. D. Ramsdell House (Wayne) $720.
From the
above appropriation for Fairs and Festivals (fund 3534, appropriation 12200)
funding shall be provided to A Princeton 4th (Mercer) $1,800, African-American
Cultural Heritage Festival (Jefferson) $2,970, Alderson 4th of July Celebration
(Greenbrier) $2,970, Allegheny Echo (Pocahontas) $4,456, Alpine Festival/Leaf
Peepers Festival (Tucker) $6,683, American Civil War (Grant) $3,127, American
Legion Post 8 Veterans Day Parade (McDowell) $1,250, Angus Beef and Cattle Show
(Lewis) $891, Annual Birch River Days (Nicholas) $1,296, Annual Don Redman
Heritage Concert & Awards (Jefferson) $938, Annual Ruddle Park Jamboree
(Pendleton) $4,690, Antique Market Fair (Lewis) $1,188, Apollo Theater-Summer
Program (Berkeley) $1,188, Apple Butter Festival (Morgan) $3,564, Arkansaw
Homemaker?s Heritage Weekend (Hardy) $2,079, Armed Forces Day-South Charleston
(Kanawha) $1,782, Arthurdale Heritage New Deal Festival (Preston) $2,970,
Athens Town Fair (Mercer) $1,188, Augusta Fair (Randolph) $2,970, Autumn
Harvest Fest (Monroe) $2,448, Barbour County Fair $14,851, Barboursville Octoberfest
(Cabell) $2,970, Bass Festival (Pleasants) $1,099, Battelle District Fair
(Monongalia) $2,970, Battle of Dry Creek (Greenbrier) $891, Battle of Point
Pleasant Memorial Committee (Mason) $2,970, Belle Town Fair (Kanawha) $2,673,
Belleville Homecoming (Wood) $11,881, Bergoo Down Home Days (Webster) $1,485,
Berkeley County Youth Fair $10,990, Black Bear 4K Mountain Bike Race (Kanawha)
$684, Black Heritage Festival (Harrison) $3,564, Black Walnut Festival (Roane)
$5,940, Blast from the Past (Upshur) $1,440, Blue-Gray Reunion (Barbour)
$2,079, Boone County Fair $5,940, Boone County Labor Day Celebration $2,376,
Bradshaw Fall Festival (McDowell) $1,188, Brandonville Heritage Day (Preston)
$1,048, Braxton County Fair $6,832, Braxton County Monster Fest / West Virginia
Autumn Festival $1,485, Brooke County Fair $2,079, Bruceton Mills Good Neighbor
Days (Preston) $1,188, Buckwheat Festival (Preston) $5,050, Buffalo 4th of July
Celebration (Putnam) $400, Buffalo October Fest (Putnam)$3,240, Burlington
Apple Harvest Festival (Mineral) $17,821, Burlington Pumpkin Harvest Festival
(Raleigh) $2,970, Burnsville Harvest Festival (Braxton) $1,407, Cabell County
Fair $5,940, Calhoun County Wood Festival $1,188, Campbell?s Creek Community
Fair (Kanawha) $1,485, Cape Coalwood Festival Association (McDowell) $1,485,
Capon Bridge Founders Day Festival (Hampshire) $1,188, Capon Springs Ruritan
4th of July (Hampshire) $684, Cass Homecoming (Pocahontas) $1,188, Cedarville
Town Festival (Gilmer) $684, Celebration in the Park (Wood) $2,376, Celebration
of America (Monongalia) $3,564, Ceredo Freedom Festival (Wayne) $700,
Chapmanville Apple Butter Festival (Logan) $684, Chapmanville Fire Department
4th of July (Logan) $1,782, Charles Town Christmas Festival (Jefferson) $2,970,
Charles Town Heritage Festival (Jefferson) $2,970, Cherry River Festival
(Nicholas) $3,861, Chester Fireworks (Hancock) $891, Chester 4th of July
Festivities (Hancock) $2,970, Chief Logan State Park-Civil War Celebration
(Logan) $4,752, Chilifest West Virginia State Chili Championship (Cabell)
$1,563, Christmas In Our Town (Marion) $3,127, Christmas in Shepherdstown
(Jefferson) $2,376, Christmas in the Park (Brooke) $2,970, Christmas in the
Park (Logan) $14,851, City of Dunbar Critter Dinner (Kanawha) $5,940, City of
Logan Polar Express (Logan)$4,456, City of New Martinsville Festival of
Memories (Wetzel) $6,534, Clay County Golden Delicious Apple Festival $4,158,
Clay District Fair (Monongalia) $1,080, Coal Field Jamboree (Logan) $20,792,
Coalton Days Fair (Randolph) $4,158, Country Roads Festival (Fayette) $1,188,
Cowen Railroad Festival (Webster) $2,079, Craigsville Fall Festival (Nicholas)
$2,079, Cruise into Princeton (Mercer) $2,160, Culturefest World Music &
Arts Festival (Mercer) $4,690, Delbarton Homecoming (Mingo) $2,079, Doddridge
County Fair $4,158, Dorcas Ice Cream Social (Grant) $3,564, Durbin Days
(Pocahontas) $2,970, Elbert/Filbert Reunion Festival (McDowell) $891, Elkins
Randolph County 4th of July Car Show (Randolph) $1,188, Fairview 4th of July
Celebration (Marion) $684, Farm Safety Day (Preston) $1,188, Farmer?s Day
Festival (Monroe) $2,330, Farmers? Day Parade (Wyoming) $720, Fenwick Mountain
Old Time Community Festival (Nicholas) $2,880, FestivALL Charleston (Kanawha)
$11,881, Flatwoods Days (Braxton) $700, Flemington Day Fair and Festival
(Taylor) $2,079, Follansbee Community Days (Brooke) $4,900, Fort Gay Mountain
Heritage Days (Wayne) $2,970, Fort Henry Days (Ohio) $3,148, Fort Henry Living
History (Ohio) $1,563, Fort New Salem Spirit of Christmas Festival (Harrison)
$2,432, Frankford Autumnfest (Greenbrier) $2,970, Franklin Fishing Derby
(Pendleton) $4,456, Freshwater Folk Festival (Greenbrier) $2,970, Friends
Auxiliary of W. R. Sharpe Hospital (Lewis) $2,970, Frontier Days (Harrison) $1,782,
Frontier Fest/Canaan Valley (Taylor) $2,970, Fund for the Arts-Wine & All
that Jazz Festival (Kanawha) $1,485, Gassaway Days Celebration (Braxton)
$2,970, Gilbert Elementary Fall Blast (Mingo) $2,188, Gilbert Kiwanis Harvest
Festival (Mingo) $2,376, Gilbert Spring Fling (Mingo) $3,595, Gilmer County
Farm Show $2,376, Grant County Arts Council $1,188, Grape Stomping Wine
Festival (Nicholas) $1,188, Great Greenbrier River Race (Pocahontas) $5,940,
Greater Quinwood Days (Greenbrier) $781, Guyandotte Civil War Days (Cabell)
$5,940, Hamlin 4th of July Celebration (Lincoln) $2,970, Hampshire Civil War
Celebration Days (Hampshire) $684, Hampshire County 4th of July Celebration
$11,881, Hampshire County Fair $5,002, Hampshire Heritage Days (Hampshire)
$2,376, Hancock County Oldtime Fair $2,970, Hardy County Commission - 4th of
July $5,940, Hatfield McCoy Matewan Reunion Festival (Mingo) $12,330, Hatfield
McCoy Trail National ATV and Dirt Bike Weekend (Wyoming) $2,970, Heat?n the
Hills Chilifest (Lincoln) $2,970, Heritage Craft Festival (Monroe) $1,044,
Heritage Days Festival (Roane) $891, Hilltop Festival (Cabell) $684, Hilltop
Festival of Lights (McDowell) $1,188, Hinton Railroad Days (Summers) $4,347,
Holly River Festival (Webster) $891, Hometown Mountain Heritage Festival
(Fayette) $2,432, Hundred 4th of July (Wetzel) $4,307, Hundred American Legion
Earl Kiger Post Bluegrass Festival (Wetzel) $1,188, Hurricane 4th of July
Celebration (Putnam) $2,970, Iaeger Town Fair (McDowell) $891, Irish Heritage
Festival of West Virginia (Raleigh) $2,970, Irish Spring Festival (Lewis) $684,
Italian Heritage Festival-Clarksburg (Harrison) $17,821, Jackson County Fair
$2,970, Jamboree (Pocahontas) $2,970, Jane Lew Arts and Crafts Fair (Lewis)
$684, Jefferson County Fair Association $14,851, Jersey Mountain Ruritan
Pioneer Days (Hampshire) $684, John Henry Days Festival (Monroe) $4,698,
Johnnie Johnson Blues and Jazz Festival (Marion) $2,970, Johnstown Community
Fair (Harrison) $1,485, Junior Heifer Preview Show (Lewis) $1,188, Kanawha Coal
Riverfest-St. Albans 4th of July Festival (Kanawha) $2,970, Keeper of the
Mountains-Kayford (Kanawha) $1,485, Kenova Autumn Festival (Wayne) $4,377,
Kermit Fall Festival (Mingo) $1,782, Keystone Reunion Gala (McDowell) $1,563,
King Coal Festival (Mingo) $2,970, Kingwood Downtown Street Fair and Heritage
Days (Preston) $1,188, L. Z. Rainelle West Virginia Veterans Reunion
(Greenbrier) $2,970, Lady of Agriculture (Preston) $684, Larry Joe Harless
Center Octoberfest Hatfield McCoy Trail (Mingo) $5,940, Larry Joe Harless
Community Center Spring Middle School Event (Mingo) $2,970, Last Blast of
Summer (McDowell) $2,970, Lewis County Fair Association $2,079, Lewisburg
Shanghai (Greenbrier) $1,188, Lincoln County Fall Festival $4,752, Lincoln
County Winterfest $2,970, Lindside Veterans? Day Parade $720, Little Levels
Heritage Festival (Pocahontas) $1,188, Lost Creek Community Festival (Harrison)
$4,158, Main Street Arts Festival (Upshur) $3,127, Main Street Martinsburg
Chocolate Fest and Book Fair (Berkeley) $2,813, Mannington District Fair
(Marion) $3,564, Maple Syrup Festival (Randolph) $684, Marion County FFA Farm
Fest $1,485, Marmet Labor Day Celebration (Kanawha) $3,078, Marshall County
Antique Power Show $1,485, Marshall County Fair $4,456, Mason County Fair
$2,970, Mason Dixon Festival (Monongalia) $4,158, Matewan Massacre Reenactment
(Mingo) $5,004, Matewan-Magnolia Fair (Mingo) $15,932, McARTS-McDowell County $11,881,
McDowell County Fair $1,485, McGrew House History Day (Preston) $1,188, McNeill?s
Rangers (Mineral) $4,752, Meadow Bridge Hometown Festival (Fayette) $743,
Meadow River Days Festival (Greenbrier) $1,782, Mercer Bluestone Valley Fair
(Mercer) $1,188, Mercer County Fair $1,188, Mercer County Heritage Festival $3,474,
Mid Ohio Valley Antique Engine Festival (Wood) $1,782, Milton Christmas in the
Park (Cabell) $1,485, Milton 4th of July Celebration (Cabell) $1,485, Mineral
County Fair $1,040, Mineral County Veterans Day Parade $891, Molasses Festival
(Calhoun) $1,188, Monongahfest (Marion) $3,752, Moon Over Mountwood Fishing
Festival (Wood) $1,782, Morgan County Fair-History Wagon $891, Moundsville Bass
Festival (Marshall) $2,376, Moundsville July 4th Celebration (Marshall) $2,970,
Mount Liberty Fall Festival (Barbour) $1,485, Mountain Fest (Monongalia) $11,881,
Mountain Festival (Mercer) $2,747, Mountain Heritage Arts and Crafts Festival
(Jefferson) $2,970, Mountain Music Festival (McDowell) $1,485, Mountain State
Apple Harvest Festival (Berkeley) $4,456, Mountain State Arts & Crafts Fair
Cedar Lakes (Jackson) $26,732, Mountaineer Hot Air Balloon Festival
(Monongalia) $2,376, Mullens Dogwood Festival (Wyoming) $4,158, Multi-Cultural
Festival of West Virginia (Kanawha) $11,881, Music and Barbecue - Banks
District VFD (Upshur) $1,278, New Cumberland Christmas Parade (Hancock) $1,782,
New Cumberland 4th of July (Hancock) $2,970, New River Bridge Day Festival
(Fayette) $23,762, Newburg Volunteer Fireman?s Field Day (Preston) $684,
Nicholas County Fair $2,970, Nicholas County Potato Festival $2,079, Oak Leaf
Festival (Fayette) $6,253, Oceana Heritage Festival (Wyoming) $3,564, Oglebay
City Park - Festival of Lights (Ohio) $47,524, Oglebay Festival (Ohio) $5,940,
Ohio County Country Fair $5,346, Ohio River Fest (Jackson) $4,320, Ohio Valley
Beef Association (Wood) $1,485, Ohio Valley Black Heritage Festival (Ohio) $3,267,
Old Central City Fair (Cabell) $2,970, Old Century City Fair (Barbour) $1,250,
Old Tyme Christmas (Jefferson) $1,425, Paden City Labor Day Festival (Wetzel) $3,861,
Parkersburg Homecoming (Wood) $8,754, Patty Fest (Monongalia) $1,188, Paw Paw
District Fair (Marion) $2,079, Pax Reunion Committee (Fayette) $2,970,
Pendleton County 4-H Weekend $1,188, Pendleton County Committee for Arts $8,910,
Pendleton County Fair $6,253, Pennsboro Country Road Festival (Ritchie) $1,188,
Petersburg 4th of July Celebration (Grant) $11,881, Petersburg HS Celebration
(Grant) $5,940, Piedmont-Annual Back Street Festival (Mineral) $2,376, Pinch
Reunion (Kanawha) $891, Pine Bluff Fall Festival (Harrison) $2,376, Pine Grove
4th of July Festival (Wetzel) $4,158, Pineville Festival (Wyoming) $3,564,
Pleasants County Agriculture Youth Fair $2,970, Poca Heritage Days (Putnam) $1,782,
Pocahontas County Pioneer Days $4,158, Point Pleasant Stern Wheel Regatta
(Mason) $2,970, Pratt Fall Festival (Kanawha) $1,485, Princeton Autumnfest
(Mercer) $1,563, Princeton Street Fair (Mercer) $2,970, Putnam County Fair $2,970,
Quartets on Parade (Hardy) $2,376, Rainelle Fall Festival (Greenbrier) $3,127,
Rand Community Center Festival (Kanawha) $1,485, Randolph County Community Arts
Council $1,782, Randolph County Fair $4,158, Randolph County Ramp and Rails $1,188,
Ranson Christmas Festival (Jefferson) $2,970, Ranson Festival (Jefferson) $2,970,
Renick Liberty Festival (Greenbrier) $684, Ripley 4th of July (Jackson) $8,910,
Ritchie County Fair and Exposition $2,970, Ritchie County Pioneer Days $684,
River City Festival (Preston) $684, Roane County Agriculture Field Day $1,782,
Rock the Park (Kanawha) $3,240, Rocket Boys Festival (Raleigh) $1,710, Romney
Heritage Days (Hampshire) $1,876, Ronceverte River Festival (Greenbrier) $2,970,
Rowlesburg Labor Day Festival (Preston) $684, Rupert Country Fling (Greenbrier)
$1,876, Saint Spyridon Greek Festival (Harrison) $1,485, Salem Apple Butter
Festival (Harrison) $2,376, Sistersville 4th of July (Tyler) $3,267, Skirmish
on the River (Mingo) $1,250, Smoke on the Water (Wetzel) $1,782, South
Charleston Summerfest (Kanawha) $5,940, Southern Wayne County Fall Festival $684,
Spirit of Grafton Celebration (Taylor) $5,940, Springfield Peach Festival
(Hampshire) $738, St. Albans City of Lights - December (Kanawha) $2,970,
Sternwheel Festival (Wood) $1,782, Stoco Reunion (Raleigh) $1,485, Stonewall
Jackson Heritage Arts & Crafts Jubilee (Lewis) $6,534, Stonewall Jackson?s
Roundhouse Raid (Berkeley) $7,200, Storytelling Festival (Lewis) $400,
Strawberry Festival (Upshur) $17,821, Sylvester Big Coal River Festival $1,944,
Tacy Fair (Barbour) $684, Taste of Parkersburg (Wood) $2,970, Taylor County
Fair $3,267, Terra Alta VFD 4th of July Celebration (Preston) $684, The
Gathering at Sweet Creek (Wood) $1,782, Three Rivers Coal Festival (Marion) $4,604,
Thunder on the Tygart - Mothers? Day Celebration (Taylor) $8,910, Town of
Delbarton 4th of July Celebration (Mingo) $1,782, Town of Fayetteville Heritage
Festival (Fayette) $4,456, Town of Matoaka Hog Roast (Mercer) $684, Town of
Rivesville 4th of July Festival (Marion) $3,127, Town of Winfield - Putnam
County Homecoming $3,240, St. Albans Train Fest (Kanawha) $6,120, Treasure
Mountain Festival (Pendleton) $14,851, Tri-County Fair (Grant) $22,548, Tucker
County Arts Festival and Celebration $10,692, Tucker County Fair $2,821, Tucker
County Health Fair $1,188, Tunnelton Depot Days (Preston) $684, Tunnelton Volunteer
Fire Department Festival (Preston) $684, Turkey Festival (Hardy) $1,782, Tyler
County Fair $3,088, Tyler County 4th of July $400, Tyler County OctoberFest $720,
Union Community Irish Festival (Barbour) $648, Uniquely West Virginia Festival
(Morgan) $1,188, Upper Kanawha Valley Oktoberfest (Kanawha) $1,485, Upper Ohio
Valley Italian Festival (Ohio) $7,128, Upshur County Youth Livestock Show $1,440,
Valley District Fair (Preston) $2,079, Veterans Welcome Home Celebration
(Cabell) $938, Vietnam Veterans of America # 949 Christmas Party (Cabell) $684,
Volcano Days at Mountwood Park (Wood) $2,970, War Homecoming Fall Festival
(McDowell) $891, Wardensville Fall Festival (Hardy) $2,970, Wayne County Fair $2,970,
Wayne County Fall Festival $2,970, Webster County Fair $3,600, Webster County
Wood Chopping Festival $8,910, Webster Wild Water Weekend $1,188, Weirton July
4th Celebration (Hancock) $11,881, Welcome Home Family Day (Wayne) $1,900,
Wellsburg 4th of July Celebration (Brooke) $4,456, Wellsburg Apple Festival of
Brooke County $2,970, West Virginia Blackberry Festival (Harrison) $2,970, West
Virginia Chestnut Festival (Preston) $684, West Virginia Coal Festival (Boone) $5,940,
West Virginia Coal Show (Mercer) $1,563, West Virginia Dairy Cattle Show
(Lewis) $5,940, West Virginia Dandelion Festival (Greenbrier) $2,970, West
Virginia Day at the Railroad Museum (Mercer) $1,800, West Virginia Fair and
Exposition (Wood) $4,812, West Virginia Fireman?s Rodeo (Fayette) $1,485, West
Virginia Oil and Gas Festival (Tyler) $6,534, West Virginia Peach Festival
(Hampshire) $3,240, West Virginia Polled Hereford Association (Braxton) $891,
West Virginia Poultry Festival (Hardy) $2,970, West Virginia Pumpkin Festival
(Cabell) $5,940, West Virginia State Folk Festival (Gilmer) $2,970, West
Virginia Water Festival - City of Hinton (Summers) $9,144, Weston VFD 4th of
July Firemen Festival (Lewis) $1,188, Wetzel County Autumnfest $3,267, Wetzel
County Town and Country Days $10,098, Wheeling Celtic Festival (Ohio) $1,166,
Wheeling City of Lights (Ohio) $4,752, Wheeling Sternwheel Regatta (Ohio) $5,940,
Wheeling Vintage Raceboat Regatta (Ohio) $11,881, Whipple Community Action
(Fayette) $1,485, Wileyville Homecoming (Wetzel) $2,376, Wine Festival and
Mountain Music Event (Harrison) $2,970, Winter Festival of the Waters
(Berkeley) $2,970, Wirt County Fair $1,485, Wirt County Pioneer Days $1,188,
Wyoming County Civil War Days $1,296, Youth Stockman Beef Expo (Lewis) $1,188.
??????????? Any
unexpended balances remaining in the appropriations for Preservation West
Virginia (fund 3534, appropriation 09200), Fairs and Festivals (fund 3534,
appropriation 12200), Archeological Curation/Capital Improvements (fund 3534,
appropriation 24600), Historic Preservation Grants (fund 3534, appropriation
31100), Grants for Competitive Arts Program (fund 3534, appropriation 62400),
and Project ACCESS (fund 3534, appropriation 86500) at the close of the fiscal
year 2017 are hereby reappropriated for expenditure during the fiscal year
2018.
??????????? Any
Fairs & Festivals awards shall be funded in addition to, and not in lieu
of, individual grant allocations derived from the Arts Council and the Cultural
Grant Program allocations.
291 - Library Commission ?
Lottery Education Fund
(WV Code Chapter 10)
Fund 3559 FY 2018 Org 0433
Books and Films......................................................................... ?????? 17900?????????? $?????????????????? 360,784
Services to Libraries................................................................... ?????? 18000??????????????????????????????? 550,000
Grants to Public Libraries........................................................... ?????? 18200???????????????????????????? 9,439,571
Digital Resources....................................................................... ?????? 30900??????????????????????????????? 219,992
Infomine Network....................................................................... ?????? 88400?????????? ???????????????????? 852,729
???? Total....................................................................................... ??????????????????????????? $????????????? 11,423,076
??????????? Any
unexpended balance remaining in the appropriation for Libraries ? Special
Projects (fund 3559, appropriation 62500) at the close of fiscal year 2017 is
hereby reappropriated for expenditure during the fiscal year 2018.
292 - Bureau of Senior Services ?
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2018 Org 0508
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 193,505
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 332,095
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Local Programs Service Delivery Costs.................................... ?????? 20000???????????????????????????? 2,435,250
Silver Haired Legislature............................................................ ?????? 20200????????????????????????????????? 18,500
Transfer to Division of Human Services
for Health Care
???? and
Title XIX Waiver for Senior Citizens............................... ?????? 53900?????????????????????????? 19,723,029
Roger Tompkins Alzheimer?s Respite
Care.............................. ?????? 64300???????????????????????????? 2,296,601
WV Alzheimer?s Hotline............................................................. ?????? 72400????????????????????????????????? 45,000
Regional Aged and Disabled Resource
Center......................... ?????? 76700??????????????????????????????? 425,000
Senior Services Medicaid Transfer............................................ ?????? 87100???????????????????????????? 8,670,000
Legislative Initiatives for the
Elderly.......................................... ?????? 90400???????????????????????????? 9,671,239
Long Term Care Ombudsman................................................... ?????? 90500??????????????????????????????? 297,226
BRIM Premium.......................................................................... ?????? 91300??????????????????????????????????? 7,152
In-Home Services and Nutrition for
Senior Citizens.................. ?????? 91700?????????? ????????????????? 4,320,941
???? Total....................................................................................... ??????????????????????????? $????????????? 48,436,583
??????????? Any
unexpended balance remaining in the appropriation for Senior Citizen Centers
and Programs (fund 5405, appropriation 46200) at the close of the fiscal year
2017 is hereby reappropriated for expenditure during the fiscal year 2018.
??????????? Included
in the above appropriation for Current Expenses (fund 5405, appropriation
13000), is funding to support an in-home direct care workforce registry.
??????????? The
above appropriation for Transfer to Division of Human Services for Health Care
and Title XIX Waiver for Senior Citizens (appropriation 53900) along with the
federal moneys generated thereby shall be used for reimbursement for services
provided under the program.
293 - Higher Education Policy Commission ?
Lottery Education ?
Higher Education Policy Commission ?
Control Account
(WV Code Chapters 18B and 18C)
Fund 4925 FY 2018 Org 0441
RHI Program and Site Support (R)............................................ ?????? 03600?????????? $??????????????? 1,912,491
RHI Program and Site Support ?
???? RHEP
Program Administration.............................................. ?????? 03700??????????????????????????????? 146,653
RHI Program and Site Support ? Grad
Med
???? Ed
and Fiscal Oversight (R).................................................. ?????? 03800????????????????????????????????? 87,110
Minority Doctoral Fellowship (R)................................................ ?????? 16600??????????????????????????????? 129,604
Health Sciences Scholarship (R)............................................... ?????? 17600??????????????????????????????? 220,690
Vice Chancellor for Health Sciences ?
???? Rural
Health Residency Program (R)................................... ?????? 60100????????????????????????????????? 62,725
WV Engineering, Science, and
???? Technology
Scholarship Program......................................... ?????? 86800?????????? ???????????????????? 452,831
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,012,104
??????????? Any
unexpended balances remaining in the appropriations for RHI Program and Site
Support (fund 4925, appropriation 03600), RHI Program and Site Support ? Grad
Med Ed and Fiscal Oversight (fund 4925, appropriation 03800), Minority Doctoral
Fellowship (fund 4925, appropriation 16600), Health Sciences Scholarship (fund
4925, appropriation 17600), and Vice Chancellor for Health Sciences ? Rural
Health Residency Program (fund 4925, appropriation 60100) at the close of
fiscal year 2017 are hereby reappropriated for expenditure during the fiscal
year 2018.
??????????? The
above appropriation for WV Engineering, Science, and Technology Scholarship
Program (appropriation 86800) shall be transferred to the West Virginia
Engineering, Science and Technology Scholarship Fund (fund 4928, org 0441)
established by W.Va. Code ?18C-6-1.
294 - Community and Technical College ?
Capital Improvement Fund
(WV Code Chapter 18B)
Fund 4908 FY 2018 Org 0442
Debt Service ? Total................................................................... ?????? 31000?????????? $??????????????? 5,000,000
??????????? Any
unexpended balance remaining in the appropriation for Capital Outlay and
Improvements ? Total (fund 4908, appropriation 84700) at the close of fiscal
year 2017 is hereby reappropriated for expenditure during the fiscal year 2018.
295 - Higher Education Policy Commission ?
Lottery Education ?
West Virginia University ? School of Medicine
(WV Code Chapter 18B)
Fund 4185 FY 2018 Org 0463
WVU Health Sciences ?
???? RHI
Program and Site Support (R)....................................... ?????? 03500?????????? $??????????????? 1,107,466
MA Public Health Program and
???? Health
Science Technology (R)............................................ ?????? 62300????????????????????????????????? 52,387
Health Sciences Career Opportunities
Program (R)................. ?????? 86900??????????????????????????????? 319,587
HSTA Program (R)..................................................................... ?????? 87000???????????????????????????? 1,630,169
Center for Excellence in Disabilities
(R).................................... ?????? 96700?????????? ???????????????????? 292,554
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,402,163
??????????? Any
unexpended balances remaining in the appropriations for WVU Health Sciences ?
RHI Program and Site Support (fund 4185, appropriation 03500), MA Public Health
Program and Health Science Technology (fund 4185, appropriation 62300), Health
Sciences Career Opportunities Program (fund 4185, appropriation 86900), HSTA
Program (fund 4185, appropriation 87000), and Center for Excellence in
Disabilities (fund 4185, appropriation 96700) at the close of fiscal year 2017
are hereby reappropriated for expenditure during the fiscal year 2018.
296 - Higher Education Policy Commission ?
Lottery Education ?
Marshall University ? School of Medicine
(WV Code Chapter 18B)
Fund 4896 FY 2018 Org 0471
Marshall Medical School ?
???? RHI
Program and Site Support (R)....................................... ?????? 03300?????????? $?????????????????? 396,249
Vice Chancellor for Health Sciences ?
???? Rural
Health Residency Program (R)................................... ?????? 60100?????????? ???????????????????? 163,858
???? Total....................................................................................... ??????????????????????????? $?????????????????? 560,107
??????????? Any
unexpended balances remaining in the appropriations for Marshall Medical School
? RHI Program and Site Support (fund 4896, appropriation 03300) and Vice
Chancellor for Health Sciences ? Rural Health Residency Program (fund 4896,
appropriation 60100) at the close of fiscal year 2017 are hereby reappropriated
for expenditure during the fiscal year 2018.
Total TITLE II, Section 4 ? Lottery
Revenue............................. ??????????????????????????? $??????????? 130,917,133
??????????? Sec. 5. Appropriations from state excess
lottery revenue fund. ? In accordance with W.Va. Code ?29-22-18a,
?29-22A-10d, ?29-22A-10e, ?29-22C-27a and ?29-25-22b, the following
appropriations shall be deposited and disbursed by the Director of the Lottery
to the following accounts in this section in the amounts indicated.
??????????? After
first funding the appropriations required by W.Va. Code ?29-22-18a,
?29-22A-10d, ?29-22A-10e, ?29-22C-27a and ?29-25-22b, the Director of the
Lottery shall provide funding from the State Excess Lottery Revenue Fund for
the remaining appropriations in this section to the extent that funds are
available. In the event that revenues to the State Excess Lottery Revenue Fund
are sufficient to meet all the appropriations required made pursuant to this
section, then the Director of the Lottery shall then provide the funds
available for fund 5365, appropriation 18900.
297 - Lottery Commission ?
Refundable Credit
Fund 7207 FY 2018 Org 0705
????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? Excess
??????????????????????????????????????????????????????????????????????????????????????????????????????????? Appro-????????????????? Lottery
??????????????????????????????????????????????????????????????????????????????????????????????????????????? priation????????????????? Funds
Directed Transfer....................................................................... ?????? 70000?????????? $????????????? 10,000,000
??????????? The
above appropriation shall be transferred to the General Revenue Fund to provide
reimbursement for the refundable credit allowable under W.Va. Code ?11-21-21.
The amount of the required transfer shall be determined solely by the state tax
commissioner and shall be completed by the director of the lottery upon the
commissioner?s request.
298 - Lottery Commission ?
General Purpose Account
Fund 7206 FY 2018 Org 0705
General Revenue Fund ? Transfer............................................ ?????? 70011?????????? $????????????? 65,000,000
??????????? The
above appropriation shall be transferred to the General Revenue Fund as
determined by the Director of the Lottery in accordance with W.Va. Code
?29-22-18a.
299 - Higher Education Policy Commission ?
Education Improvement Fund
Fund 4295 FY 2018 Org 0441
PROMISE Scholarship ? Transfer............................................. ?????? 80000?????????? $????????????? 29,000,000
??????????? The
above appropriation shall be transferred to the PROMISE Scholarship Fund (fund
4296, org 0441) established by W.Va. Code ?18C-7-7.
??????????? The
Legislature has explicitly set a finite amount of available appropriations and
directed the administrators of the Program to provide for the award of
scholarships within the limits of available appropriations.
300 - Economic Development Authority ?
Economic Development Project Fund
Fund 9065 FY 2018 Org 0944
Debt Service ? Total................................................................... ?????? 31000?????????? $????????????? 19,000,000
??????????? Pursuant
to W.Va. Code ?29-22-18a, subsection (f), excess lottery revenues are
authorized to be transferred to the lottery fund as reimbursement of amounts
transferred to the economic development project fund pursuant to section four
of this title and W.Va. Code ?29-22-18, subsection (f).
301 - Economic Development Authority ?
Cacapon and Beech Fork State Parks ?
Lottery Revenue Debt Service
Fund 9067 FY 2018 Org 0944
Debt Service.............................................................................. ?????? 04000?????????? $??????????????? 3,000,000
302 - Department of Education ?
School Building Authority
Fund 3514 FY 2018 Org 0402
Debt Service ? Total................................................................... ?????? 31000?????????? $????????????? 19,000,000
303 - West Virginia Infrastructure Council ?
West Virginia Infrastructure Transfer Fund
Fund 3390 FY 2018 Org 0316
Directed Transfer....................................................................... ?????? 70000?????????? $????????????? 46,000,000
??????????? The
above appropriation shall be allocated pursuant to W.Va. Code ?29-22-18d and
?31-15-9.
304 - Higher Education Policy Commission ?
Higher Education Improvement Fund
Fund 4297 FY 2018 Org 0441
Directed Transfer....................................................................... ?????? 70000?????????? $????????????? 15,000,000
??????????? The
above appropriation shall be transferred to fund 4903, org 0442 as authorized
by Senate Concurrent Resolution No. 41.
305 - Division of Natural Resources
State Park Improvement Fund
Fund 3277 FY 2018 Org 0310
Current Expenses (R)................................................................ ?????? 13000?????????? $??????????????? 2,438,300
Repairs and Alterations (R)....................................................... ?????? 06400???????????????????????????? 2,161,200
Equipment (R)............................................................................ ?????? 07000??????????????????????????????? 200,000
Buildings (R).............................................................................. ?????? 25800??????????????????????????????? 100,000
Other Assets (R)........................................................................ ?????? 69000?????????? ???????????????????? 100,500
???? Total....................................................................................... ??????????????????????????? $??????????????? 5,000,000
??????????? Any
unexpended balances remaining in the above appropriations for Repairs and
Alterations (fund 3277, appropriation 06400), Equipment (fund 3277,
appropriation 07000), Unclassified ? Total (fund 3277, appropriation 09600),
Unclassified (fund 3277, appropriation 09900), Current Expenses (fund 3277,
appropriation 13000), Buildings (fund 3277, appropriation 25800), and Other
Assets (fund 3277, appropriation 69000) at the close of the fiscal year 2017
are hereby reappropriated for expenditure during the fiscal year 2018.
306 - Racing Commission ?
Fund 7308 FY 2018 Org 0707
Special Breeders Compensation
???? (WVC
?29-22-18a, subsection (l))........................................ ?????? 21800?????????? $??????????????? 2,000,000
307 - Lottery Commission ?
Distributions to Statutory Funds and Purposes
Fund 7213 FY 2018 Org 0705
Parking Garage Fund ? Transfer............................................... ?????? 70001?????????? $?????????????????? 500,000
2004 Capitol Complex Parking Garage
Fund ? Transfer.......... ?????? 70002??????????????????????????????? 254,147
Capitol Dome and Improvements Fund ?
Transfer................... ?????? 70003???????????????????????????? 2,155,201
Capitol Renovation and Improvement
Fund ? Transfer............ ?????? 70004???????????????????????????? 2,795,627
Development Office Promotion Fund ?
Transfer....................... ?????? 70005???????????????????????????? 1,524,887
Research Challenge Fund ? Transfer....................................... ?????? 70006???????????????????????????? 2,033,184
Tourism Promotion Fund ? Transfer.......................................... ?????? 70007???????????????????????????? 5,659,115
Cultural Facilities and Capitol
Resources Matching
???? Grant
Program Fund ? Transfer............................................ ?????? 70008???????????????????????????? 1,433,371
Workers? Compensation Debt Reduction
Fund ? Transfer....... ?????? 70009???????????????????????????? 2,750,000
State Debt Reduction Fund ? Transfer...................................... ?????? 70010?????????????????????????? 20,000,000
General Revenue Fund ? Transfer............................................ ?????? 70011???????????????????????????? 9,763,472
West Virginia Racing Commission
Racetrack
???? Video
Lottery Account........................................................... ?????? 70012???????????????????????????? 4,066,363
Historic Resort Hotel Fund......................................................... ?????? 70013????????????????????????????????? 34,200
Licensed Racetrack Regular Purse Fund.................................. ?????? 70014?????????? ????????????????? 6,111,678
???? Total....................................................................................... ??????????????????????????? $????????????? 59,081,245
308 - Governor?s Office
(WV Code Chapter 5)
Fund 1046 FY 2018 Org 0100
??????????? Any
unexpended balance remaining in the appropriation for Publication of Papers and
Transition Expenses ? Lottery Surplus (fund 1046, appropriation 06600) at the
close of the fiscal year 2017 is hereby reappropriated for expenditure during
the fiscal year 2018.
309 - West Virginia Development Office
(WV Code Chapter 5B)
Fund 3170 FY 2018 Org 0307
??????????? Any
unexpended balances remaining in the appropriations for Unclassified ? Total
(fund 3170, appropriation 09600), Recreational Grants or Economic Development
Loans (fund 3170, appropriation 25300), and Connectivity Research and
Development ? Lottery Surplus (fund 3170, appropriation 92300) at the close of
the fiscal year 2017 are hereby reappropriated for expenditure during the
fiscal year 2018.
310 - Higher Education Policy Commission ?
Administration ?
Control Account
(WV Code Chapter 18B)
Fund 4932 FY 2018 Org 0441
??????????? Any
unexpended balance remaining in the appropriation for Advanced Technology
Centers (fund 4932, appropriation 02800) at the close of the fiscal year 2017
is hereby reappropriated for expenditure during the fiscal year 2018.
311 - Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 5365 FY 2018 Org 0511
Medical Services........................................................................ ?????? 18900?????????? $????????????? 45,506,170
312 - Division of Corrections ?
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 6283 FY 2018 Org 0608
??????????? Any
unexpended balance remaining in the appropriation for Capital Outlay and
Maintenance (fund 6283, appropriation 75500) at the close of the fiscal year
2017 is hereby reappropriated for expenditure during the fiscal year 2018.
Total TITLE II, Section 5 ? Excess
Lottery Funds..................... ??????????????????????????? $??????????? 317,587,415
??????????? Sec. 6. Appropriations
of federal funds. ?
In accordance with Article 11, Chapter 4 of the Code from federal funds there
are hereby appropriated conditionally upon the fulfillment of the provisions
set forth in Article 2, Chapter 11B of the Code the following amounts, as
itemized, for expenditure during the fiscal year 2018.
LEGISLATIVE
313 - Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 8738 FY 2018 Org 2300
??????????????????????????????????????????????????????????????????????????????????????????????????????????? Appro-???????????????? Federal
??????????????????????????????????????????????????????????????????????????????????????????????????????????? priation????????????????? Funds
Economic Loss Claim Payment Fund........................................ ?????? 33400?????????? $??????????????? 2,360,125
JUDICIAL
314 - Supreme Court
Fund 8867 FY 2018 Org 2400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,008,000
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 1,992,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 4,000,000
EXECUTIVE
315 - Governor?s Office
(WV Code Chapter 5)
Fund 8742 FY 2018 Org 0100
Current Expenses ? Total.......................................................... ?????? 13000?????????? $?????????????????? 225,000
316 - Department of Agriculture
(WV Code Chapter 19)
Fund 8736 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,563,760
Unclassified................................................................................ ?????? 09900????????????????????????????????? 50,534
Current Expenses...................................................................... ?????? 13000???????????????????????????? 3,828,661
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 650,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 910,500
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 50,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 7,053,455
317 - Department of Agriculture ?
Meat Inspection Fund
(WV Code Chapter 19)
Fund 8737 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 610,830
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 8,755
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 136,012
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,500
Equipment.................................................................................. ?? ??? 07000?????????? ???????????????????? 114,478
???? Total....................................................................................... ??????????????????????????? $?????????????????? 875,575
318 - Department of Agriculture ?
State Conservation Committee
(WV Code Chapter 19)
Fund 8783 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 97,250
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 14,099,974
???? Total....................................................................................... ??????????????????????????? $????????????? 14,197,224
319 - Department of Agriculture ?
Land Protection Authority
Fund 8896 FY 2018 Org 1400
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 46,526
Unclassified................................................................................ ?? ??? 09900??????????????????????????????????? 5,004
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 448,920
???? Total....................................................................................... ??????????????????????????? $?????????????????? 500,450
320 - Secretary of State ?
State Election Fund
(WV Code Chapter 3)
Fund 8854 FY 2018 Org 1600
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 210,240
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 7,484
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 415,727
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 15,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 100,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 748,451
DEPARTMENT OF COMMERCE
321 - Division of Forestry
(WV Code Chapter 19)
Fund 8703 FY 2018 Org 0305
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,578,347
Unclassified................................................................................ ?????? 09900????????????????????????????????? 51,050
Current Expenses...................................................................... ?????? 13000???????????????????????????? 5,232,560
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 155,795
Equipment.................................................................................. ?????? 07000??????????????????????????????? 100,000
Other Assets............................................................................... ?????? 69000?????????? ????????????????? 1,808,300
???? Total....................................................................................... ??????????????????????????? $??????????????? 8,926,052
322 - Geological and Economic Survey
(WV Code Chapter 29)
Fund 8704 FY 2018 Org 0306
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $???????????????????? 54,432
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 2,803
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 195,639
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 7,500
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 15,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 280,374
323 - West Virginia Development Office
(WV Code Chapter 5B)
Fund 8705 FY 2018 Org 0307
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 745,981
Unclassified................................................................................ ?????? 09900????????????????????????????????? 50,000
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 4,504,019
???? Total....................................................................................... ??????????????????????????? $??????????????? 5,300,000
324 - West Virginia Development Office ?
Office of Economic Opportunity
(WV Code Chapter 5)
Fund 8901 FY 2018 Org 0307
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 497,289
Repairs and Alterations.............................................................. ?????? 06400?????????????????????????????????????? 250
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 6,000
Unclassified................................................................................ ?????? 09900??????????????????????????????? 106,795
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 10,069,166
???? Total....................................................................................... ??????????????????????????? $????????????? 10,679,500
325 - Division of Labor
(WV Code Chapters 21 and 47)
Fund 8706 FY 2018 Org 0308
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 384,072
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 5,572
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 167,098
Repairs and Alterations.............................................................. ?????? 06400?????????? ??????????????????????????? 500
???? Total....................................................................................... ??????????????????????????? $?????????????????? 557,242
326 - Division of Natural Resources
(WV Code Chapter 20)
Fund 8707 FY 2018 Org 0310
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 7,912,218
Unclassified................................................................................ ?????? 09900??????????????????????????????? 107,693
Current Expenses...................................................................... ?????? 13000???????????????????????????? 5,556,594
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 289,400
Equipment.................................................................................. ?????? 07000???????????????????????????? 1,815,182
Buildings..................................................................................... ?????? 25800??????????????????????????????? 951,000
Other Assets............................................................................... ?????? 69000???????????????????????????? 4,951,000
Land??? ........................................................................................ ?????? 73000?????????? ????????????????? 6,001,000
???? Total....................................................................................... ??????????????????????????? $????????????? 27,584,087
327 - Division of Miners? Health,
Safety and Training
(WV Code Chapter 22)
Fund 8709 FY 2018 Org 0314
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 613,177
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 150,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 763,177
328 - WorkForce West Virginia
(WV Code Chapter 23)
Fund 8835 FY 2018 Org 0323
Unclassified................................................................................ ?????? 09900?????????? $?????????????????????? 5,127
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 507,530
Reed Act 2002 ? Unemployment
Compensation...................... ?????? 62200???????????????????????????? 2,850,000
Reed Act 2002 ? Employment Services.................................... ?????? 63000?????????? ????????????????? 1,650,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 5,012,657
??????????? Pursuant
to the requirements of 42 U.S.C. 1103, Section 903 of the Social Security Act,
as amended, and the provisions of W.Va. Code ?21A-9-9, the above appropriation
to Unclassified and Current Expenses shall be used by WorkForce West Virginia
for the specific purpose of administration of the state?s unemployment
insurance program or job service activities, subject to each and every
restriction, limitation or obligation imposed on the use of the funds by those
federal and state statutes.
329 - Division of Energy
(WV Code Chapter 5B)
Fund 8892 FY 2018 Org 0328
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 411,574
Unclassified................................................................................ ?? ??? 09900??????????????????????????????????? 7,350
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 2,816,076
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,235,000
DEPARTMENT OF EDUCATION
330 - State Board of Education ?
State Department of Education
(WV Code Chapters 18 and 18A)
Fund 8712 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 5,628,855
Unclassified................................................................................ ?????? 09900???????????????????????????? 2,000,000
Current Expenses...................................................................... ?????? 13000???????????????????????? 212,367,820
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 10,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 10,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $??????????? 220,026,675
331 - State Board of Education ?
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 8713 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,812,648
Unclassified................................................................................ ?????? 09900???????????????????????????? 1,150,500
Current Expenses...................................................................... ?????? 13000???????????????????????? 143,281,265
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 20,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 100,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 25,000
???? Total....................................................................................... ??????????????????????????? $??????????? 146,389,413
332 - State Board of Education ?
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 8714 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,519,972
Unclassified................................................................................ ?????? 09900??????????????????????????????? 155,000
Current Expenses...................................................................... ?????? 13000?????????????????????????? 14,320,081
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 10,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 10,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $????????????? 16,025,053
333 - State Board of Education ?
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 8715 FY 2018 Org 0402
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 3,344,940
Unclassified................................................................................ ?????? 09900???????????????????????????? 1,000,000
Current Expenses...................................................................... ?????? 13000???????????????????????? 108,346,390
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 10,000
Equipment.................................................................................. ?????? 07000????????????????????????????????? 10,000
Other Assets............................................................................... ?????? 69000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $??????????? 112,721,330
DEPARTMENT OF EDUCATION AND THE ARTS
334 - Department of Education and the Arts ?
Office of the Secretary
(WV Code Chapter 5F)
Fund 8841 FY 2018 Org 0431
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 416,675
Current Expenses...................................................................... ?????? 13000???????????????????????????? 5,587,325
Repairs and Alterations.............................................................. ?????? 06400?????????? ???????????????????????? 1,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 6,005,000
335 - Division of Culture and History
(WV Code Chapter 29)
Fund 8718 FY 2018 Org 0432
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 743,046
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,947,372
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 1,000
Buildings..................................................................................... ?????? 25800??????????????????????????????????? 1,000
Other Assets............................................................................... ?????? 69000??????????????????????????????????? 1,000
Land??? ........................................................................................ ?????? 73000?????????? ??????????????????????????? 360
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,694,778
336 - Library Commission
(WV Code Chapter 10)
Fund 8720 FY 2018 Org 0433
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 333,648
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,076,162
Equipment.................................................................................. ?????? 07000?????????? ???????????????????? 543,406
???? Total....................................................................................... ??????????????????????????? $??????????????? 1,953,216
337 - Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 8721 FY 2018 Org 0439
Equipment.................................................................................. ?????? 07000?????????? $?????????????????? 750,000
338 - State Board of Rehabilitation ?
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 8734 FY 2018 Org 0932
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 11,248,930
Current Expenses...................................................................... ?????? 13000?????????????????????????? 54,485,940
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 350,400
Equipment.................................................................................. ?????? 07000?????????? ????????????????? 1,275,870
???? Total....................................................................................... ??????????????????????????? $????????????? 67,361,140
339 - State Board of Rehabilitation ?
Division of Rehabilitation Services ?
Disability Determination Services
(WV Code Chapter 18)
Fund 8890 FY 2018 Org 0932
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 13,730,634
Current Expenses...................................................................... ?????? 13000?????????????????????????? 11,383,206
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,100
Equipment.................................................................................. ?????? 07000?????????? ?????????????????????? 83,350
???? Total....................................................................................... ??????????????????????????? $????????????? 25,198,290
DEPARTMENT OF ENVIRONMENTAL PROTECTION
340 - Division of Environmental Protection
(WV Code Chapter 22)
Fund 8708 FY 2018 Org 0313
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 29,177,068
Current Expenses...................................................................... ?????? 13000???????????????????????? 190,201,007
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 738,283
Equipment.................................................................................. ?????? 07000???????????????????????????? 1,725,238
Unclassified................................................................................ ?????? 09900???????????????????????????? 2,201,827
Other Assets............................................................................... ?????? 69000???????????????????????????? 2,154,416
Land??? ........................................................................................ ?????? 73000?????????? ???????????????????? 100,000
???? Total....................................................................................... ?? ???????????????????????? $??????????? 226,297,839
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
341 - Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 8723 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 750,876
Unclassified................................................................................ ?????? 09900????????????????????????????????? 73,307
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 6,630,103
???? Total....................................................................................... ??????????????????????????? $??????????????? 7,454,286
342 - Division of Health ?
Central Office
(WV Code Chapter 16)
Fund 8802 FY 2018 Org 0506
Personal Services and Employee Benefits............................... ?????? 00100?????????? $????????????? 13,744,404
Unclassified................................................................................ ?????? 09900??????????????????????????????? 947,948
Current Expenses...................................................................... ?????? 13000?????????????????????????? 79,110,551
Equipment.................................................................................. ?????? 07000??????????????????????????????? 456,972
Buildings..................................................................................... ?????? 25800??????????????????????????????? 155,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 380,000
???? Total....................................................................................... ??????????????????????????? $????????????? 94,794,875
343 - Division of Health ?
West Virginia Safe Drinking Water Treatment
(WV Code Chapter 16)
Fund 8824 FY 2018 Org 0506
West Virginia Drinking Water Treatment
???? Revolving
Fund ? Transfer.................................................... ?????? 68900?????????? $????????????? 16,000,000
344 - West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 8851 FY 2018 Org 0507
Unclassified................................................................................ ?????? 09900?????????? $?????????????????????? 9,966
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 986,649
???? Total....................................................................................... ??????????????????????????? $?????????????????? 996,615
345 - Human Rights Commission
(WV Code Chapter 5)
Fund 8725 FY 2018 Org 0510
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 625,349
Unclassified................................................................................ ?????? 09900??????????????????????????????????? 5,482
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 140,389
???? Total....................................................................................... ??????????????????????????? $?????????????????? 771,220
346 - Division of Human Services
(WV Code Chapters 9, 48, and 49)
Fund 8722 FY 2018 Org 0511
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 68,943,213
Unclassified................................................................................ ?????? 09900?????????????????????????? 22,855,833
Current Expenses...................................................................... ?????? 13000?????????????????????????? 72,070,005
Medical Services........................................................................ ?????? 18900????????????????????? 3,234,265,405
Medical Services Administrative Costs...................................... ?????? 78900???????????????????????? 132,045,119
CHIP Administrative Costs......................................................... ?????? 85601???????????????????????????? 3,333,752
CHIP Services............................................................................ ?????? 85602?????????????????????????? 47,422,974
Federal Economic Stimulus....................................................... ?????? 89100?????????? ??????????????? 20,000,000
???? Total....................................................................................... ??????????????????????????? $???????? 3,600,936,301
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
347 - Office of the Secretary
(WV Code Chapter 5F)
Fund 8876 FY 2018 Org 0601
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 439,636
Unclassified................................................................................ ?????? 09900??????????????????????????????? 250,000
Current Expenses...................................................................... ?????? 13000?????????????????????????? 24,307,690
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 3,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 5,000
???? Total....................................................................................... ??????????????????????????? $????????????? 25,005,326
348 - Adjutant General ?
State Militia
(WV Code Chapter 15)
Fund 8726 FY 2018 Org 0603
Unclassified................................................................................ ?????? 09900?????????? $?????????????????? 982,705
Mountaineer ChalleNGe Academy............................................ ?????? 70900???????????????????????????? 4,550,000
Martinsburg Starbase................................................................. ?????? 74200??????????????????????????????? 410,000
Charleston Starbase.................................................................. ?????? 74300??????????????????????????????? 400,000
Military Authority......................................................................... ?????? 74800?????????? ??????????????? 91,927,900
???? Total....................................................................................... ??????????????????????????? $????????????? 98,270,605
??????????? The
adjutant general shall have the authority to transfer between appropriations.
349 - Adjutant General ?
West Virginia National Guard Counterdrug Forfeiture Fund
(WV Code Chapter 15)
Fund 8785 FY 2018 Org 0603
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,350,000
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 300,000
Equipment.................................................................................. ?????? 07000?????????? ???????????????????? 350,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,000,000
350 - Division of Homeland Security and
Emergency Management
(WV Code Chapter 15)
Fund 8727 FY 2018 Org 0606
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 721,650
Current Expenses...................................................................... ?????? 13000?????????????????????????? 20,429,281
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,000
Equipment.................................................................................. ?????? 07000?????????? ???????????????????? 100,000
???? Total....................................................................................... ??????????????????????????? $????????????? 21,255,931
351 - Division of Corrections
(WV Code Chapters 25, 28, 49 and 62)
Fund 8836 FY 2018 Org 0608
Unclassified................................................................................ ?????? 09900?????????? $?????????????????????? 1,100
Current Expenses...................................................................... ?????? 13000?????????? ???????????????????? 108,900
???? Total....................................................................................... ??????????????????????????? $?????????????????? 110,000
352 - West Virginia State Police
(WV Code Chapter 15)
Fund 8741 FY 2018 Org 0612
Personal Services and Employee Benefits............................... ?????? 00100?????????? $??????????????? 2,435,539
Current Expenses...................................................................... ?????? 13000???????????????????????????? 2,125,971
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 42,000
Equipment.................................................................................. ?????? 07000???????????????????????????? 2,502,285
Buildings..................................................................................... ?????? 25800??????????????????????????????? 750,500
Other Assets............................................................................... ?????? 69000??????????????????????????????? 144,500
Land??? ........................................................................................ ?????? 73000?????????? ??????????????????????????? 500
???? Total....................................................................................... ??????????????????????????? $??????????????? 8,001,295
353 - Fire Commission
(WV Code Chapter 29)
Fund 8819 FY 2018 Org 0619
Current Expenses...................................................................... ?????? 13000?????????? $???????????????????? 80,000
354 - Division of Justice and Community
Services
(WV Code Chapter 15)
Fund 8803 FY 2018 Org 0620
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,056,170
Unclassified................................................................................ ?????? 09900????????????????????????????????? 25,185
Current Expenses...................................................................... ?????? 13000?????????????????????????? 18,774,373
Repairs and Alterations.............................................................. ?????? 06400?????????? ???????????????????????? 1,750
???? Total....................................................................................... ??????????????????????????? $????????????? 19,857,478
DEPARTMENT OF REVENUE
355 - Insurance Commissioner
(WV Code Chapter 33)
Fund 8883 FY 2018 Org 0704
Current Expenses...................................................................... ?????? 13000?????????? $??????????????? 3,000,000
DEPARTMENT OF TRANSPORTATION
356 - Division of Motor Vehicles
(WV Code Chapter 17B)
Fund 8787 FY 2018 Org 0802
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 501,394
Current Expenses...................................................................... ?????? 13000?????????????????????????? 13,671,640
Repairs and Alterations.............................................................. ?????? 06400?????????? ??????????????????????????? 500
???? Total....................................................................................... ??????????????????????????? $????????????? 14,173,534
357 - Division of Public Transit
(WV Code Chapter 17)
Fund 8745 FY 2018 Org 0805
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 702,637
Current Expenses...................................................................... ?????? 13000???????????????????????????? 9,161,605
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 2,500
Equipment.................................................................................. ?????? 07000???????????????????????????? 4,726,958
Buildings..................................................................................... ?????? 25800??????????????????????????????? 750,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????? 250,000
???? Total....................................................................................... ??????????????????????????? $????????????? 15,593,700
358 - Public Port Authority
(WV Code Chapter 17)
Fund 8830 FY 2018 Org 0806
Current Expenses...................................................................... ?????? 13000?????????? $????????????????????????????? 0
DEPARTMENT OF VETERANS? ASSISTANCE
359 - Department of Veterans? Assistance
(WV Code Chapter 9A)
Fund 8858 FY 2018 Org 0613
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,751,100
Current Expenses...................................................................... ?????? 13000???????????????????????????? 3,925,900
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 50,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 200,000
Buildings..................................................................................... ?????? 25800??????????????????????????????? 600,000
Other Assets............................................................................... ?????? 69000??????????????????????????????? 100,000
Land??? ........................................................................................ ?????? 73000?????????? ???????????????????? 100,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 7,727,000
360 - Department of Veterans? Assistance ?
Veterans? Home
(WV Code Chapter 9A)
Fund 8728 FY 2018 Org 0618
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 877,915
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 844,092
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????? 220,000
Equipment.................................................................................. ?????? 07000??????????????????????????????? 198,000
Buildings..................................................................................... ?????? 25800??????????????????????????????? 296,000
Other Assets............................................................................... ?????? 69000????????????????????????????????? 20,000
Land??? ........................................................................................ ?????? 73000?????????? ?????????????????????? 10,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,466,007
BUREAU OF SENIOR SERVICES
361 - Bureau of Senior Services
(WV Code Chapter 29)
Fund 8724 FY 2018 Org 0508
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 721,393
Current Expenses...................................................................... ?????? 13000?????????????????????????? 13,811,853
Repairs and Alterations.............................................................. ?????? 06400?????????? ???????????????????????? 3,000
???? Total....................................................................................... ??????????????????????????? $????????????? 14,536,246
MISCELLANEOUS BOARDS AND COMMISSIONS
362 - Public Service Commission ?
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8743 FY 2018 Org 0926
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,286,913
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 368,953
Repairs and Alterations.............................................................. ?????? 06400????????????????????????????????? 40,000
Equipment.................................................................................. ?????? 07000?????????? ???????????????????? 750,000
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,445,866
363 - Public Service Commission ?
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8744 FY 2018 Org 0926
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 596,600
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 124,628
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 3,000
Unclassified................................................................................ ?????? 09900?????????? ???????????????????????? 4,072
???? Total....................................................................................... ??????????????????????????? $?????????????????? 728,300
364 - National Coal Heritage Area Authority
(WV Code Chapter 29)
Fund 8869 FY 2018 Org 0941
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 159,235
Current Expenses...................................................................... ?????? 13000??????????????????????????????? 631,365
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 5,000
Equipment.................................................................................. ?????? 07000??????????????????????????????????? 3,000
Other Assets............................................................................... ?????? 69000?????????? ???????????????????????? 2,000
???? Total....................................................................................... ??????????????????????????? $?????????????????? 800,600
Total TITLE II, Section 6 - Federal
Funds................................. ??????????????????????????? $???????? 4,874,926,288
??????????? Sec. 7. Appropriations from federal block
grants. ? The following items are hereby appropriated from federal block
grants to be available for expenditure during the fiscal year 2018.
365 - West Virginia Development Office ?
Community Development
Fund 8746 FY 2018 Org 0307
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 648,117
Unclassified................................................................................ ?????? 09900??????????????????????????????? 375,000
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 36,476,883
???? Total....................................................................................... ??????????????????????????? $????????????? 37,500,000
366 - Department of Commerce
West Virginia Development Office ?
Office of Economic Opportunity ?
Community Services
Fund 8902 FY 2018 Org 0307
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 362,389
Unclassified................................................................................ ?????? 09900??????????????????????????????? 125,000
Current Expenses...................................................................... ?????? 13000?????????????????????????? 12,002,111
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,500
Equipment.................................................................................. ?????? 07000?????????? ???????????????????????? 9,000
???? Total....................................................................................... ??????????????????????????? $????????????? 12,500,000
367 - WorkForce West Virginia ?
Workforce Investment Act
Fund 8749 FY 2018 Org 0323
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,112,606
Unclassified................................................................................ ?????? 09900????????????????????????????????? 23,023
Current Expenses...................................................................... ?????? 13000?????????????????????????? 39,263,511
Repairs and Alterations.............................................................. ?????? 06400??????????????????????????????????? 1,600
Equipment.................................................................................. ?????? 07000?????????????????????????????????????? 500
Buildings..................................................................................... ?????? 25800?????????? ???????????????????????? 1,100
???? Total....................................................................................... ??????????????????????????? $????????????? 41,402,340
368 - Division of Health ?
Maternal and Child Health
Fund 8750 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 2,124,294
Unclassified................................................................................ ?????? 09900??????????????????????????????? 110,017
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 8,767,420
???? Total....................................................................................... ??????????????????????????? $????????????? 11,001,731
369 - Division of Health ?
Preventive Health
Fund 8753 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 162,320
Unclassified................................................................................ ?????? 09900????????????????????????????????? 22,457
Current Expenses...................................................................... ?????? 13000???????????????????????????? 1,895,366
Equipment.................................................................................. ?????? 07000?????????? ???????????????????? 165,642
???? Total....................................................................................... ??????????????????????????? $??????????????? 2,245,785
370 - Division of Health ?
Substance Abuse Prevention and Treatment
Fund 8793 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 822,766
Unclassified................................................................................ ?????? 09900??????????????????????????????? 115,924
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 10,653,740
???? Total....................................................................................... ??????????????????????????? $????????????? 11,592,430
371 - Division of Health ?
Community Mental Health Services
Fund 8794 FY 2018 Org 0506
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????? 936,557
Unclassified................................................................................ ?????? 09900????????????????????????????????? 33,533
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 2,383,307
???? Total....................................................................................... ??????????????????????????? $??????????????? 3,353,397
372 - Division of Human Services ?
Energy Assistance
Fund 8755 FY 2018 Org 0511
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 1,514,312
Unclassified................................................................................ ?????? 09900??????????????????????????????? 350,000
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 33,181,300
???? Total....................................................................................... ??????????????????????????? $????????????? 35,045,612
373 - Division of Human Services ?
Social Services
Fund 8757 FY 2018 Org 0511
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 14,231,684
Unclassified................................................................................ ?????? 09900??????????????????????????????? 171,982
Current Expenses...................................................................... ?????? 13000?????????? ????????????????? 2,870,508
???? Total....................................................................................... ??????????????????????????? $????????????? 17,274,174
374 - Division of Human Services ?
Temporary Assistance for Needy Families
Fund 8816 FY 2018 Org 0511
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $????????????? 18,297,327
Unclassified................................................................................ ?????? 09900???????????????????????????? 1,250,000
Current Expenses...................................................................... ?????? 13000?????????? ????????????? 105,847,136
???? Total....................................................................................... ??????????????????????????? $??????????? 125,394,463
375 - Division of Human Services ?
Child Care and Development
Fund 8817 FY 2018 Org 0511
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $??????????????? 4,676,841
Unclassified................................................................................ ?????? 09900??????????????????????????????? 350,000
Current Expenses...................................................................... ?????? 13000?????????? ??????????????? 31,999,456
???? Total....................................................................................... ??????????????????????????? $????????????? 37,026,297
376 - Division of Justice and Community
Services ?
Juvenile Accountability Incentive
Fund 8829 FY 2018 Org 0620
Personal Services and Employee
Benefits............................... ?????? 00100?????????? $?????????????????????? 1,648
Current Expenses...................................................................... ?????? 13000????????????????????????????????? 48,351
Repairs and Alterations.............................................................. ?????? 06400?????????? ??????????????????????????????? 1
???? Total....................................................................................... ??????????????????????????? $???????????????????? 50,000
Total TITLE II, Section 7 ? Federal
Block Grants...................... ??????????????????????????? $??????????? 334,386,229
??????????? Sec. 8. Awards for claims against the
state. ? There are hereby appropriated for fiscal year 2018, from the fund
as designated, in the amounts as specified, general revenue funds in the amount
of $930,143, special revenue funds in the amount of $458,733, and state road
funds in the amount of $802,735 for payment of claims against the state.
??????????? Sec. 9. Appropriations from general revenue
surplus accrued. ? The following item is hereby appropriated from the state
fund, general revenue, and is to be available for expenditure during the fiscal
year 2018 out of surplus funds only, accrued from the fiscal year ending June
30, 2017, subject to the terms and conditions set forth in this section.
??????????? It
is the intent and mandate of the Legislature that the following appropriation
be payable only from surplus as of July 31, 2017 from the fiscal year ending
June 30, 2017, only after first meeting requirements of W.Va. Code
?11B-2-20(b).
??????????? In
the event that surplus revenues available on July 31, 2017, are not sufficient
to meet the appropriation made pursuant to this section, then the appropriation
shall be made to the extent that surplus funds are available as of the date
mandated to meet the appropriation in this section.
377 - Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2018 Org 0211
Capital Outlay, Repairs and Equipment
? Surplus.................... ?????? 67700?????????? $??????????????? 8,000,000
???? Total
TITLE II, Section 9 ? Surplus Accrued........................ ??????????????????????????? $??????????????? 8,000,000
??????????? Sec. 10. Appropriations from lottery net
profits surplus accrued. ? The following item is hereby appropriated from
the lottery net profits, and is to be available for expenditure during the
fiscal year 2018 out of surplus funds only, as determined by the director of
lottery, accrued from the fiscal year ending June 30, 2017, subject to the
terms and conditions set forth in this section.
??????????? It
is the intent and mandate of the Legislature that the following appropriation
be payable only from surplus accrued from the fiscal year ending June 30, 2017.
??????????? In
the event that surplus revenues available from the fiscal year ending June 30,
2017, are not sufficient to meet the appropriation made pursuant to this
section, then the appropriation shall be made to the extent that surplus funds
are available.
378 - Bureau of Senior Services ?
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2018 Org 0508
Senior Services Medicaid Transfer ?
Lottery Surplus............... ?????? 68199?????????? $??????????????? 8,000,000
???? Total
TITLE II, Section 10 ? Surplus Accrued...................... ??????????????????????????? $??????????????? 8,000,000
??????????? Sec. 11. Appropriations from state excess
lottery revenue surplus accrued. ? The following item is hereby
appropriated from the state excess lottery revenue fund, and is to be available
for expenditure during the fiscal year 2018 out of surplus funds only, as
determined by the director of lottery, accrued from the fiscal year ending June
30, 2017, subject to the terms and conditions set forth in this section.
??????????? It
is the intent and mandate of the Legislature that the following appropriation
be payable only from surplus accrued from the fiscal year ending June 30, 2017.
??????????? In
the event that surplus revenues available from the fiscal year ending June 30,
2017, are not sufficient to meet the appropriation made pursuant to this
section, then the appropriation shall be made to the extent that surplus funds
are available.
379 - Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 5365 FY 2018 Org 0511
Medical Services ? Lottery Surplus........................................... ?????? 68100?????????? $????????????? 32,000,000
???? Total
TITLE II, Section 11 ? Surplus Accrued...................... ??????????????????????????? $????????????? 32,000,000
??????????? Sec. 12. Special revenue appropriations. ?
There are hereby appropriated for expenditure during the fiscal year 2018
appropriations made by general law from special revenues which are not paid
into the state fund as general revenue under the provisions of W.Va. Code
?12-2-2: Provided, That none of the money so appropriated by this section shall
be available for expenditure except in compliance with the provisions of W.Va.
Code ?12-2 and 3, and W.Va. Code ?11B-2, unless the spending unit has filed
with the director of the budget and the legislative auditor prior to the
beginning of each fiscal year:
??????????? (a)
An estimate of the amount and sources of all revenues accruing to such fund;
and
??????????? (b)
A detailed expenditure schedule showing for what purposes the fund is to be
expended. During Fiscal Year 2018, the following funds are hereby available and
are to be transferred to the Department of Health and Human Resources, Division
of Human Services ? Medical Services Trust Fund (fund 5185) from available
balances per the following:
380 - Treasurer?s Office ?
Banking Services Fund
(WV Code Chapter 12)
Fund 1322 FY 2018 Org 1300
Directed Transfer....................................................................... ?????? 70000?????????? $?????????? 1,209,197.40
381 - Department of Administration -
Office of the Secretary -
State Employee Sick Leave Fund
(WV Code Chapter 5)
Fund 2045 FY 2018 Org 0201
Directed Transfer....................................................................... ?????? 70000?????????? $????????????? 540,659.06
382 - Department of Administration -
Office of the Secretary -
Gifts, Grants and Donations
(WV Code Chapter 5A)
Fund 2046 FY 2018 Org 0201
Directed Transfer....................................................................... ?????? 70000?????????? $???????????????????? 80,000
383 - Department of Administration -
Division of Personnel -
Civil Service Emergency Employment Fund
(WV Code Chapter 29)
Fund 2444 FY 2018 Org 0222
Directed Transfer....................................................................... ?????? 70000?????????? $???????????????????? 264.96
384 - Department of Health and Human
Resources -
Division of Health -
Breast and Cervical Diagnostic and Treatment Fund
(WV Code Chapter 16)
Fund 5197 FY 2018 Org 0506
Directed Transfer....................................................................... ?????? 70000?????????? $??????????????? 1,500,000
???? Total
TITLE II, Section 12 ? Directed Transfer..................... ??????????????????????????? $?????????? 3,330,121.42
??????????? Sec. 13. State improvement fund
appropriations. ? Bequests or donations of nonpublic funds, received by the
Governor on behalf of the state during the fiscal year 2018, for the purpose of
making studies and recommendations relative to improvements of the
administration and management of spending units in the executive branch of
state government, shall be deposited in the state treasury in a separate
account therein designated state improvement fund.
??????????? There
are hereby appropriated all moneys so deposited during the fiscal year 2018 to
be expended as authorized by the Governor, for such studies and recommendations
which may encompass any problems of organization, procedures, systems,
functions, powers or duties of a state spending unit in the executive branch,
or the betterment of the economic, social, educational, health and general
welfare of the state or its citizens.
??????????? Sec. 14. Specific funds and collection
accounts. ? A fund or collection account which by law is dedicated to a specific
use is hereby appropriated in sufficient amount to meet all lawful demands upon
the fund or collection account and shall be expended according to the
provisions of Article 3, Chapter 12 of the Code.
??????????? Sec. 15. Appropriations for refunding
erroneous payment. ? Money that has been erroneously paid into the state
treasury is hereby appropriated out of the fund into which it was paid, for
refund to the proper person.
??????????? When
the officer authorized by law to collect money for the state finds that a sum
has been erroneously paid, he or she shall issue his or her requisition upon
the Auditor for the refunding of the proper amount. The Auditor shall issue his
or her warrant to the Treasurer and the Treasurer shall pay the warrant out of
the fund into which the amount was originally paid.
??????????? Sec. 16. Sinking fund deficiencies. ?
There is hereby appropriated to the Governor a sufficient amount to meet any
deficiencies that may arise in the mortgage finance bond insurance fund of the
West Virginia housing development fund which is under the supervision and
control of the municipal bond commission as provided by W.Va. Code ?31-18-20b,
or in the funds of the municipal bond commission because of the failure of any
state agency for either general obligation or revenue bonds or any local taxing
district for general obligation bonds to remit funds necessary for the payment
of interest and sinking fund requirements. The Governor is authorized to
transfer from time to time such amounts to the municipal bond commission as may
be necessary for these purposes.
??????????? The
municipal bond commission shall reimburse the state of West Virginia through
the Governor from the first remittance collected from the West Virginia housing
development fund or from any state agency or local taxing district for which
the Governor advanced funds, with interest at the rate carried by the bonds for
security or payment of which the advance was made.
??????????? Sec. 17. Appropriations for local
governments. ? There are hereby appropriated for payment to counties,
districts and municipal corporations such amounts as will be necessary to pay
taxes due counties, districts and municipal corporations and which have been
paid into the treasury:
??????????? (a)
For redemption of lands;
??????????? (b)
By public service corporations;
??????????? (c)
For tax forfeitures.
??????????? Sec. 18. Total appropriations. ? Where
only a total sum is appropriated to a spending unit, the total sum shall
include personal services and employee benefits, annual increment, current
expenses, repairs and alterations, buildings, equipment, other assets, land,
and capital outlay, where not otherwise specifically provided and except as
otherwise provided in TITLE I ? GENERAL PROVISIONS, Sec. 3.
??????????? Sec. 19. General school fund. ? The
balance of the proceeds of the general school fund remaining after the payment
of the appropriations made by this act is appropriated for expenditure in
accordance with W.Va. Code ?18-9A-16.
TITLE III ? ADMINISTRATION
??????????? Sec. 1. Appropriations conditional. ?
The expenditure of the appropriations made by this act, except those
appropriations made to the legislative and judicial branches of the state
government, are conditioned upon the compliance by the spending unit with the
requirements of Article 2, Chapter 11B of the Code.
??????????? Where
spending units or parts of spending units have been absorbed by or combined
with other spending units, it is the intent of this act that appropriations and
reappropriations shall be to the succeeding or later spending unit created,
unless otherwise indicated.
??????????? Sec. 2.
Constitutionality. ?
If any part of this act is declared unconstitutional by a court of competent
jurisdiction, its decision shall not affect any portion of this act which
remains, but the remaining portion shall be in full force and effect as if the
portion declared unconstitutional had never been a part of the act.
??????????? Following discussion,
??????????? The question being on the adoption
of Senator Hall?s amendment to the bill, the same was put and prevailed.
There being no further amendments offered,
Having been engrossed, the bill (Eng.
On the passage of the bill, 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 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
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
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 motion of Senator
The following House of Delegates
By striking out
the title and substituting therefor a new title, to read as follows:
Eng. House Bill 3022?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated ?7-1-16; 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
relating to the public trust 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 relating to the public
trust; 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 relating to
the public trust; requiring reporting when certain professional and
occupational boards of the state obtain certain information regarding
misappropriation, fraud or violations of law relating to the public trust; and
clarifying that the reporting requirements do not prevent, relieve or replace a
report to law-enforcement where appropriate or warranted.
On motion of Senator Ferns, the Senate concurred in the foregoing House
of Delegates amendment to the Senate amendments to the bill.
Engrossed House Bill 3022, 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, Romano, Rucker,
Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld, Woelfel and Carmichael
(Mr. President)?32.
The nays were: Prezioso and Unger?2.
Absent: None.
So, a majority of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng. H. B. 3022) passed with
its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2711, Abolishing regional
educational service agencies and providing for the transfer of property and
records.
On motion of Senator
The following House of Delegates
By striking out
the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill 2711?A Bill to repeal ?18-2-26a of the Code of
West Virginia, 1931, as amended; to amend and reenact ?18-2-26 of said code; to
amend and reenact ?18-2E-1a and ?18-2E-5 of said code; to amend and reenact
?18-5-13 and ?18-5-45 of said code; to further amend said code by adding
thereto two new sections designated ?18-5-13b and ?18-5-13c; to amend and
reenact ?18-5A-5 of said code; to amend and reenact ?18-9A-8a of said code; and
to amend and reenact ?18A-4-14 of said code, all relating generally to
education; repealing requirement for biennial meetings of county boards by
region; providing for dissolving regional educational service agencies by
certain date; allowing for modification and dissolving by cooperative agreement
before said date; providing for the transfer, liquidation or disbursement of property
and records; requiring state board to constructively engage with the
legislative oversight commission on education accountability prior to adopting
certain standards and prior to adoption of a new statewide summative
assessment; requiring certain state board actions before full implementation of
a new accountability system; modifying state board prohibitions and duties as
part of its on-going responsibility for developing and implementing a program
of standards, assessments and a program of accountability; clarifying
responsibilities and authority of Legislature and state board with respect to
process for improving education and purposes and intent of system of
accountability; modifying areas for which the state board is required to adopt
high-quality education standards; modifying statewide assessment program;
modifying annual performance measures for accreditation; requiring county board
use of statewide electronic information system; modifying process for assessing
school and school system performance; eliminating office of education
performance audits and authorizing employment of experienced education
professionals with certain duties; modifying school accreditation and removing
authorization for state board intervention in school operations; modifying
school system approval and processes for state board intervention; modifying
processes for improving capacity; modifying process for building leadership
capacity of system during intervention; expanding county board authority for
entering into cooperative agreements; establishing the County Superintendents?
Advisory Council; setting forth the council?s authority and responsibilities,
including the formation of four geographic quadrants to carry out the work of
the council; requiring certain meetings and reports; authorizing county board
agreements to establish educational services cooperatives; providing references
to regional education service agencies mean cooperatives; providing priorities
for transfer, liquidation and disbursement of regional education service agency
property, equipment and records upon dissolution; providing for governing
council of educational services cooperatives; providing for powers and duties;
providing for cooperative annual plan and optional programs and services;
providing for selection of fiscal agent county board and annual audit;
providing for staff and member expenses; providing for member compensation;
defining minimum length of instructional day; defining instruction delivered
through alternative methods; allowing equivalent instructional time alternative
to one hundred eighty separate instructional days; authorizing county board to
increase length of instructional day by certain amount and use instructional
time gained for certain purposes; authorizing delivery of instruction through
alternative methods upon plan approved by state board and counting as
instructional and employment days; designating one noninstructional day for
teachers as a preparation day for opening school and another for teachers as a
preparation day for closing school; allowing teacher preparation days to be
used for certain other purposes at teacher?s discretion; increasing number of
two-hour blocks for faculty senate meetings from four to six; removing
requirement that faculty senate meetings be held once every forty-five days;
modifying requirement for rescheduling days to be used for instruction to
reflect instructional time gained by lengthening instructional day; exempting
certain days from rescheduling when instructional day lengthened; authorizing
decrease of instructional term in county subject to emergency or disaster
declaration by Governor; reducing foundation allowance for regional education
service agencies; removing requirement for planning period to be within
instructional day; requiring educators to receive uninterrupted time for
planning periods each day; prohibiting administrators from requiring a teacher
to use the planning period time to complete duties beyond instructional
planning; and making technical improvements and removing obsolete provisions.
On motion of Senator Ferns, the Senate concurred in the foregoing House
of Delegates amendment to the Senate amendments to the bill.
Engrossed Committee Substitute for House Bill 2711, 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, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Miller,
Mullins, Palumbo, Plymale, Prezioso, Rucker, Smith, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?28.
The nays were: Beach, Facemire, Jeffries, Ojeda, Romano and Stollings?6.
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 H. B. 2711)
passed with its House of Delegates amended
title.
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate.
__________
The midnight hour having arrived, the President stated all unfinished
legislative business, with the exception of the budget bill, had expired due to
the time element.
A series of messages from the House of Delegates having been received at
his desk, the following communications were reported by the Clerk:
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to the House of Delegates
amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for Senate Bill
76, Creating WV Second
Chance for Employment Act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to the House of Delegates
amendments to, and the passage as amended, to take effect
Eng. Com. Sub. for Senate Bill
116, Authorizing MAPS
promulgate legislative rules.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to the House of Delegates
amendments to, and the passage as amended, to take effect
Eng. Com. Sub. for Senate Bill
134, Authorizing Bureau of
Commerce to promulgate legislative rules.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of the committee of conference report,
passage as amended by the conference report with its conference amended title,
to take effect
Eng. Senate Bill 172, Eliminating salary for Water Development
Authority board members.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of the committee of conference report,
passage as amended by the conference report with its conference amended title,
of
Eng. Com. Sub. for Senate Bill
204, Requiring persons
appointed to fill vacancy by Governor have same qualifications for vacated
office and receive same compensation and expenses.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to the House of Delegates
amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for Senate Bill
220, Relating to offenses
and penalties under Uniform Controlled Substances Act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of the committee of conference report,
passage as amended by the conference report with its conference amended title,
of
Eng. Com. Sub. for Senate Bill
224, Repealing requirement
for employer?s bond for wages and benefits.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to the House of Delegates
amendments to, and the passage as amended, with its House of Delegates amended
title, of
Eng. Com. Sub. for Senate Bill
240, Creating crime of
nonconsensual distribution of sexual images.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to the House of Delegates
amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for Com. Sub.
for Senate Bill 333, Requiring
all DHHR-licensed facilities access WV Controlled Substances Monitoring Program
Database.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to the House of Delegates
amendment to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for Senate Bill
441, Establishing Municipal
Home Rule Pilot Program. -
A message from the Clerk of the House of Delegates announced that that
body had receded from its amendments to, and the passage as amended by
deletion, of
Eng. Senate Bill 444, Establishing Court Advanced Technology
Subscription Fund.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of the committee of conference report,
passage as amended by the conference report, as to
Eng. Senate Bill 554, Relating to false swearing in legislative
proceeding.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to the House of Delegates
amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for Senate Bill
606, Relating to minimum
wage and maximum hours for employees.
A message from The Clerk of the House of Delegates announced the concurrence
by that body in the Senate amendments to the House of Delegates amendments to,
and the passage as amended, to take effect
Eng. Com. Sub. for Senate Bill
630, Establishing
Accessibility and Equity in Public Education Enhancement Act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to the House of Delegates
amendment to, and the adoption as amended, of
Eng. Com. Sub. for Com. Sub.
for Senate Joint Resolution 6, Roads to Prosperity Amendment of 2017.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of
Senate Concurrent Resolution
33, US Army Ranger SGT
Richard E. Arden Memorial Bridge.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of
Senate Concurrent Resolution
42, Five Champ Brothers
Bridge.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of
Senate Concurrent Resolution
49, Erecting signs in
Kanawha County declaring Home of Ralph Maddox 1980 NHPA Hall of Fame.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2001, Relating to ethics
and transparency in government.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2002, Relating to parental
notification of abortions performed on unemancipated minors.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2109, Relating to the West
Virginia Land Reuse Agency Authorization Act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2219, Authorizing
miscellaneous boards and agencies to promulgate legislative rules.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2303, Increasing criminal
penalties for littering.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2359, Relating to offenses
and penalties for practicing osteopathic medicine without a license.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2402, Relating to abandoned
antique vehicles.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2428, Establishing
additional substance abuse treatment facilities.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2479, Uniform Deployed
Parents Custody and Visitation Act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
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.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2620, West Virginia Drug
Overdose Monitoring Act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
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.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amended title, passage as amended, of
Eng. Com. Sub. for House Bill
2674, Relating to access to
and receipt of certain information regarding a protected person.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. House Bill 2684, Imposing penalties for repeat violations
of the prohibition against driving under the influence on a suspended license.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
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.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
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.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
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.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in 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.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2851, Updating fee
structure provisions for broker-dealers.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
2935, Relating to state flood
protection planning.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. Com. Sub. for House Bill
3080, Requiring instruction
in the Declaration of Independence and the United States Constitution.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
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.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
Eng. House Bill 3103, Making a supplementary appropriation to
the Department of Health and Human Resources.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
House Concurrent Resolution 21, 1SG Carl J. Crabtree Memorial Road.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
House Concurrent Resolution
35, Arnold Miller Memorial
Bridge.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
House Concurrent Resolution 58, William
C. Campbell Memorial Highway.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
House Concurrent Resolution
62, Webster County Veterans
Highway.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
House Concurrent Resolution
63, William B. Burgess
Memorial Road.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
House Concurrent Resolution 65, Hobert
G. ?Hobie? Underwood Memorial Bridge.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
House Concurrent Resolution
68, James Earl Gibson
Memorial Road.
A message from The Clerk of the House of Delegates announced the concurrence
by that body in the Senate
House Concurrent Resolution 73, U
S Army Air Corps PVT William James Irwin, Memorial Bridge.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate
House Concurrent Resolution
118, Craddock Brothers
Bridge.
On motion of Senator Ferns, the Senate adjourned until tomorrow, Sunday,
April 9, 2017, at 6 p.m. for an extended session to complete action on the
annual state budget, under authority of the Governor?s proclamation issued April
5, 2017, extending the first annual session of the eighty-third Legislature
until and including the ninth day of April, two thousand seventeen, solely for
that purpose, as being the only permissive legislation within constitutional
purview.
__________