____________________
Thursday, March 10, 2022
FIFTY-EIGHTH DAY
[DELEGATE HANSHAW, MR. SPEAKER, IN THE CHAIR]
The House of Delegates was called to order by the Honorable Roger
Hanshaw, Speaker.
Prayer was offered and the House was led in recitation of the
Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, March 9,
2022, being the first order of business, when the further reading thereof was
dispensed with and the same approved.
Reordering of the Calendar
Pursuant to the action of the Committee on Rules, Delegate
Summers announced that S. B. 7, Com. Sub. for S. B. 71 and S. B. 693 on Second
Reading, Special Calendar, had been transferred to the House Calendar.
Committee Reports
Delegate Capito, Chair of the Committee on the
Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under
consideration:
Com. Sub. for S. B. 468, Creating Unborn Child
with Down Syndrome Protection and Education Act,
And reports the same back, with amendment, with the
recommendation that it do pass, as amended.
At the respective requests of Delegate Summers, and
by unanimous consent, the bill (Com. Sub. for S. B. 468) was taken up for
immediate consideration, read a first time and ordered to second reading.
Delegate D. Jeffries, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly
enrolled, and on the 9th day of March, 2022, presented to His
Excellency, the Governor, for his action, the following bills, signed by the
President of the Senate and the Speaker of the House of Delegates:
Com. Sub. for S. B. 419, Establishing pilot project
to evaluate impact of certain post-substance use disorder residential
treatments,
S. B. 448, Developing policies and procedures for
Statewide Interoperability Executive Committee,
Com. Sub. for S. B. 520, Increasing financial
penalties for ransomware attacks,
Com. Sub. for S. B. 523, Transferring oversight of
Jobs Investment Trust Fund to WV Economic Development Authority,
Com. Sub. for S. B. 524, Placing duties and
functions of certain boards and commissions under Department of Arts, Culture,
and History,
Com. Sub. for S. B. 537, Providing additional
firefighters and security guards for National Guard,
S. B. 542, Transferring Broadband Enhancement Council from
Department of Commerce to Department of Economic Development,
S. B. 597, Relating to PSC underground facilities
damage prevention and one-call system
Com. Sub. for S. B. 598, Establishing partnerships and aid
for at-risk veterans to combat suicide,
S. B. 638, Changing hearing and notice provisions for
failing or distressed public utilities,
And,
Com. Sub. for S. B. 650, Eliminating number of
royalty owners required for utilization by operator for lawful use and
development by co-tenants.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate
had passed, with amendment, to take effect from passage, a bill of the House of
Delegates, as follows:
Com. Sub. for H. B. 4113, Public Health
definitions and powers of secretary and commissioner.
On motion of Delegate Summers, the House concurred in
the following amendment of the bill by the Senate:
On page one, by striking out everything after the
enacting clause and inserting in lieu thereof the following:
“ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-2. Definitions.
As used in this article:
(1) ‘Basic public health services’ means those
services that are necessary to protect the health of the public; The three
areas of basic public health services are communicable and reportable disease
prevention and control, community health promotion and environmental health
protection
(2) ‘Bureau’ means the Bureau for Public Health in
the department;
(3) ‘Combined local board of health’ means one form
of organization for a local board of health and means a board of health serving
any two or more counties or any county or counties and one or more
municipalities within or partially within the county or counties;
(4) ‘Commissioner’ means the commissioner of the
bureau, who is the state health officer;
(5) ‘County board of health’ means one form of
organization for a local board of health and means a local board of health
serving a single county;
(6) ‘Department’ means the West Virginia Department
of Health and Human Resources;
(7) ‘Director’ or ‘director of health’ means the
state health officer. Administratively within the department, the bureau
through its commissioner carries out the public health functions of the
department, unless otherwise assigned by the secretary;
(8) ‘Essential public health services’ means the core
public health activities necessary to promote health and prevent disease,
injury, and disability for the citizens of the state. The services include:
(A) Monitoring health status to identify community
health problems;
(B) Diagnosing and investigating health problems and
health hazards in the community;
(C) Informing, educating, and empowering people about
health issues;
(D) Mobilizing community partnerships to identify and
solve health problems;
(E) Developing policies and plans that support
individual and community health efforts;
(F) Enforcing laws and rules that protect health and
ensure safety;
(G) Uniting people with needed personal health
services and assuring the provision of health care when it is otherwise not
available;
(H) Promoting a competent public health and personal
health care workforce;
(I) Evaluating the effectiveness, accessibility, and
quality of personal and population-based health services; and
(J) Researching for new insights and innovative
solutions to health problems;
(9) ‘Licensing boards’ means those boards charged
with regulating an occupation, business or profession and on which the
commissioner serves as a member
(10) (9) ‘Local board of health’,
‘local board’, or ‘board’ means a board of health serving one or more counties
or one or more municipalities or a combination thereof;
(11) (10) ‘Local health department’
means the staff of the local board of health;
(12) (11) ‘Local health officer’ means
the physician with a current West Virginia license to practice medicine who
supervises and directs the activities, services, staff, and facilities of the
local health department and is appointed by the local board of health with
approval by the commissioner;
(13) (12) ‘Municipal board of health’
means one form of organization for a local board of health and means a board of
health serving a single municipality;
(14) (13) ‘Performance-based standards’
means generally accepted, objective standards such as rules or guidelines
against which public health performance can be measured;
(15) (14) ‘Potential source of
significant contamination’ means a facility or activity that stores, uses, or
produces substances or compounds with potential for significant contaminating
impact if released into the source water of a public water supply;
(16) ‘Program plan’ or ‘plan of operation’ means
the annual plan for each local board of health that must be submitted to the
commissioner for approval
(17) (15) ‘Public groundwater supply
source’ means a primary source of water supply for a public water system which
is directly drawn from a well, underground stream, underground reservoir,
underground mine, or other primary source of water supplies which is found
underneath the surface of the state;
(18) (16) ‘Public surface water supply
source’ means a primary source of water supply for a public water system which
is directly drawn from rivers, streams, lakes, ponds, impoundments, or other
primary sources of water supplies which are found on the surface of the state;
(19) (17) ‘Public surface water
influenced groundwater supply source’ means a source of water supply for a
public water system which is directly drawn from an underground well,
underground river or stream, underground reservoir, or underground mine, and
the quantity and quality of the water in that underground supply source is
heavily influenced, directly or indirectly, by the quantity and quality of
surface water in the immediate area;
(20) (18) ‘Public water system’ means:
(A) Any water supply or system which regularly
supplies or offers to supply water for human consumption through pipes or other
constructed conveyances, if serving at least an average of twenty-five 25
individuals per day for at least sixty 60 days per year, or which
has at least fifteen 15 service connections, and shall include:
(i) Any collection, treatment, storage, and
distribution facilities under the control of the owner or operator of the
system and used primarily in connection with the system; and
(ii) Any collection or pretreatment storage
facilities not under such control which are used primarily in connection with
the system;
(B) A public water system does not include a system
which meets all of the following conditions:
(i) Consists only of distribution and storage
facilities and does not have any collection and treatment facilities;
(ii) Obtains all of its water from, but is not owned
or operated by, a public water system which otherwise meets the definition;
(iii) Does not sell water to any person; and
(iv) Is not a carrier conveying passengers in
interstate commerce;
(21) (19) ‘Public water utility’ means
a public water system which is regulated by the West Virginia Public Service
Commission pursuant to the provisions of chapter twenty-four §24-1-1
et seq. of this code;
(22) (20) ‘Secretary’ means the
secretary of the department.
(23) (21) ‘Service area’ means the
territorial jurisdiction of a local board of health;
(24) ‘State Advisory Council on Public Health’
means the advisory body charged by this article with providing advice to the
commissioner with respect to the provision of adequate public health services
for all areas in the state;
(25) ‘State Board of Health’ means the secretary,
notwithstanding any other provision of this code to the contrary, whenever and
wherever in this code there is a reference to the State Board of Health
(26) (22) ‘Zone of critical concern’
for a public surface water supply is a corridor along streams within a
watershed that warrant more detailed scrutiny due to its proximity to the
surface water intake and the intake’s susceptibility to potential contaminants
within that corridor. The zone of critical concern is determined using a
mathematical model that accounts for stream flows, gradient, and area
topography. The length of the zone of critical concern is based on a five-hour
time-of-travel of water in the streams to the water intake, plus an additional
one-fourth mile below the water intake. The width of the zone of critical
concern is one thousand 1000 feet measured horizontally from each
bank of the principal stream and five hundred 500 feet measured
horizontally from each bank of the tributaries draining into the principal
stream.
§16-1-3. Powers and duties of the secretary.
(a) The secretary may establish a state public health
system.
(b) All powers and duties of the director of
health previously established by former section ten of this article that are
not specifically included in this chapter as powers and duties of the
commissioner are powers and duties of the secretary
(c) (b) As necessary for the effective,
efficient, and economical operation of the system, the secretary may from time
to time delegate, assign, transfer, or combine responsibilities or duties to or
among employees of the department.
(d) (c) Within the limits of applicable
federal law, the secretary may require every applicant for a license, permit,
certificate of registration, or registration under this chapter to place his or
her social security number on the application.
(d) The secretary may appoint advisory councils.
§16-1-4. Proposal of rules by the secretary.
(a) The secretary may propose legislative
rules in accordance with the provisions of §29A-3-1 et seq. of this code
that include: are necessary and proper to effectuate the purposes of
this chapter. The secretary may appoint or designate advisory councils
of professionals in the areas of hospitals, nursing homes, barbers and
beauticians, postmortem examinations, mental health and intellectual disability
centers and any other areas necessary to advise the secretary on rules.
(b) The rules may include: but are not limited to,
the regulation of
(1) Land usage endangering the public health: Provided,
That no rules may be promulgated or enforced restricting the subdivision or
development of any parcel of land within which the individual tracts, lots, or
parcels exceed two acres each in total surface area and which individual
tracts, lots, or parcels have an average frontage of not less than 150 feet
even though the total surface area of the tract, lot, or parcel equals or
exceeds two acres in total surface area, and which tracts are sold, leased, or
utilized only as single-family dwelling units. Notwithstanding the provisions
of this subsection, nothing in this section may be construed to abate the
authority of the department to:
(A) Restrict the subdivision or development of a tract
for any more intense or higher density occupancy than a single-family dwelling
unit;
(B) Propose or enforce rules applicable to
single-family dwelling units for single-family dwelling unit sanitary sewerage
disposal systems; or
(C) Restrict any subdivision or development which
might endanger the public health, the sanitary condition of streams, or sources
of water supply;
(2) The sanitary condition of all institutions and
schools, whether public or private, public conveyances, dairies,
slaughterhouses, workshops, factories, labor camps, all other places open to
the general public and inviting public patronage or public assembly, or
tendering to the public any item for human consumption and places where trades
or industries are conducted;
(3) Occupational and industrial health hazards, the
sanitary conditions of streams, sources of water supply, sewerage facilities,
and plumbing systems and the qualifications of personnel connected with any of
those facilities, without regard to whether the supplies or systems are
publicly or privately owned; and the design of all water systems, plumbing
systems, sewerage systems, sewage treatment plants, excreta disposal methods,
and swimming pools in this state, whether publicly or privately owned;
(4) Safe drinking water, including:
(A) The maximum contaminant levels to which all
public water systems must conform in order to prevent adverse effects on the
health of individuals and, if appropriate, treatment techniques that reduce the
contaminant or contaminants to a level which will not adversely affect the
health of the consumer. The rule shall contain provisions to protect and
prevent contamination of wellheads and well fields used by public water
supplies so that contaminants do not reach a level that would adversely affect
the health of the consumer;
(B) The minimum requirements for: sampling and
testing; system operation; public notification by a public water system on
being granted a variance or exemption, or upon failure to comply with specific
requirements of this section and rules promulgated under this section; record
keeping; laboratory certification; as well as procedures and conditions for
granting variances and exemptions to public water systems from state public
water systems rules; and
(C) The requirements covering the production and
distribution of bottled drinking water and may establish requirements governing
the taste, odor, appearance, and other consumer acceptability parameters of
drinking water;
(5) Food and drug standards, including cleanliness,
proscription of additives, proscription of sale, and other requirements in
accordance with §16-7-1 et seq. of this code as are necessary to protect
the health of the citizens of this state;
(6) The training and examination requirements for
emergency medical service attendants and emergency medical care
technician-paramedics; the designation of the health care facilities, health
care services, and the industries and occupations in the state that must have
emergency medical service attendants and emergency medical care
technician-paramedics employed, and the availability, communications and
equipment requirements with respect to emergency medical service attendants and
to emergency medical care technician-paramedics. Any regulation of emergency
medical service attendants and emergency medical care technician- paramedics
may not exceed the provisions of §16-4C-1 et seq. of this code;
(7) The health and sanitary conditions of
establishments commonly referred to as bed and breakfast inns. For purposes of
this article, ‘bed and breakfast inn’ means an establishment providing sleeping
accommodations and, at a minimum, a breakfast for a fee. The secretary may not
require an owner of a bed and breakfast providing sleeping accommodations of
six or fewer rooms to install a restaurant-style or commercial food service
facility. The secretary may not require an owner of a bed and breakfast
providing sleeping accommodations of more than six rooms to install a
restaurant-type or commercial food service facility if the entire bed and
breakfast inn or those rooms numbering above six are used on an aggregate of
two weeks or less per year;
(8) Fees for services provided by the Bureau for
Public Health including, but not limited to, laboratory service fees,
environmental health service fees, health facility fees, and permit fees;
(9) The collection of data on health status, the
health system, and the costs of health care;
(c) The secretary shall propose a rule for
legislative approval in accordance with the provisions of §29A-3-1 et seq. of
this code for (10) The distribution of state aid to local health
departments and basic public health services funds The rule shall include
the following provisions: in accordance with:
(A) Base allocation amount for each county;
(B) Establishment and administration of an
emergency fund of no more than two percent of the total annual funds of which
unused amounts are to be distributed back to local boards of health at the end
of each fiscal year;
(C) A calculation of funds utilized for state
support of local health departments;
(D) Distribution of remaining funds on a per
capita weighted population approach which factors coefficients for poverty,
health status, population density, and health department interventions for each
county and a coefficient which encourages counties to merge in the provision of
public health services; and
A hold-harmless provision to provide that each
local health department receives no less in state support for a period of four
years beginning in the 2009 budget year;
(E) The provisions of this subdivision are in
effect until the performance standard funding formula is created and
established by legislative rule.
The Legislature finds that an emergency exists
and, therefore, the secretary shall file an emergency rule to implement the
provisions of this section pursuant to the provisions §29A-3-15 of this code.
The emergency rule is subject to the prior approval of the Legislative
Oversight Commission on Health and Human Resources Accountability prior to
filing with the Secretary of State.
(d) The secretary may propose rules for
legislative approval that may include the regulation of other health-related
matters which the department is authorized to supervise and for which the
rule-making authority has not been otherwise assigned
(e) (b) The secretary shall not review
any repair or modernization of equipment at a public pool facility as long as
such activity does not change the scope of the facility or its current use and
such activity does not exceed $25,000 in planned cost.
§16-1-5. State health officer; appointment;
qualifications; term.
The Commissioner of the Bureau for Public Health is
the state health officer and shall be appointed by the secretary. The
commissioner shall be a physician licensed under the laws of this state
to practice medicine or a person holding a doctorate degree in public health
administration. The commissioner shall have not less than four years’
experience in health services administration or a related field The
commissioner serves at the will and pleasure of the secretary and shall not be
actively engaged or employed in any other business, vocation, or employment,
serving full-time in the duties of the office as prescribed by this article.
§16-1-6. Powers and duties of the
commissioner.
(a) The commissioner is the chief executive,
administrative and fiscal officer of the Bureau for Public Health and has the
following powers and duties:
(a) (1) To supervise and direct the
fiscal and administrative matters of the bureau, and in that regard and in accordance
with law, employ, fix the compensation of, and discharge all persons necessary
for the proper execution of the public health laws of this state and the
efficient and proper discharge of the duties imposed upon, and execution of
powers vested in the commissioner by law and as directed by the secretary;
(b) (2) To enforce all laws of this
state concerning public health. to that end,
(3) The commissioner shall make, or cause
to be made, investigations and inquiries respecting To investigate
the cause of disease, especially of epidemics and endemic conditions, and the
means of prevention, suppression, or control of those conditions; the source of
sickness and mortality, and the effects of environment, employment,
habits, and circumstances of life on the public health.
The commissioner shall further make, or cause to
be made, inspections and examinations of (4) To inspect and examine
food, drink, and drugs offered for sale or public consumption in the manner the
commissioner considers necessary to protect the public health and shall report
all violations of laws and rules relating to the law to the prosecuting
attorney of the county in which the violations occur;
(c) (5) To make complaint or cause
proceedings to be instituted against any person, corporation, or other entity
for the violation of any public health law before any court or agency, without
being required to give security for costs; the action may be taken without the
sanction of the prosecuting attorney of the county in which the proceedings are
instituted or to which the proceedings relate;
(d) (6) To promote the provision of
essential public health services to citizens of this state;
(e) (7) To monitor the administration,
operation and coordination of the local boards of health and local health
officers;
(f) (8) To develop and maintain a state
plan of operation that sets forth the needs of the state in the areas of public
health; goals and objectives for meeting those needs; methods for achieving the
stated goals and objectives; and needed personnel, funds, and authority for
achieving the goals and objectives;
(g) (9) To collect data as may be
required to foster knowledge on the citizenry’s health status, the health
system, and costs of health care;
(h) (10) To delegate to any appointee,
assistant, or employee any and all powers and duties vested in the
commissioner, including, but not limited to, the power to execute contracts and
agreements in the name of the bureau: Provided, That the commissioner is
responsible for the acts of his or her appointees, assistants, and employees;
(i) (11) To transfer at the
direction of the secretary, notwithstanding other provisions of this code
any patient or resident between hospitals and facilities under the control
of the commissioner and, by agreement with the state Commissioner of
Corrections and Rehabilitation and otherwise in accord with law, accept
a transfer of a resident of a facility under the jurisdiction of the state
Commissioner of Corrections and Rehabilitation;
(j) (12) To make periodic reports to
the Governor and to the Legislature relative to specific subject areas of
public health, the state facilities under the supervision of the
commissioner, or other matters affecting the public health of the
people of the state; at the direction of the secretary;
(k) At the direction of the secretary (13)
To accept and use for the benefit of the health of the people of this state,
any gift or devise of any property or thing which is lawfully given: Provided,
That if any gift is for a specific purpose or for a particular state
hospital or facility it shall be used as specified. Any profit which may
arise from any gift or devise of any property or thing shall be deposited in a
special revenue fund with the State Treasurer and shall be used only as
specified by the donor or donors;
(l) (14) To acquire by condemnation or
otherwise any interest, right, privilege, land, or improvement and hold title
to the land or improvement, for the use or benefit of the state or a state
hospital or facility, and, by and with the consent of the Governor, and at
the direction of the secretary, to sell, exchange or otherwise convey any
interest, right, privilege, land, or improvement acquired or held by the state,
state hospital, or state facility and deposit the proceeds from the sale,
exchange or other conveyance into the hospital services revenue account.
Any condemnation proceedings shall be conducted pursuant to chapter
fifty-four §54-1-1 et seq. of this code;.
(m) (15) To inspect and enforce rules
to control the sanitary conditions of and license all institutions and health
care facilities as set forth in this chapter, including, but not limited to,
schools, whether public or private, public conveyances, dairies,
slaughterhouses, workshops, factories, labor camps, places of entertainment,
hotels, motels, tourist camps, all other places open to the general public and
inviting public patronage or public assembly, or tendering to the public any
item for human consumption and places where trades or industries are conducted;
(n) (16) To make inspections, conduct
hearings, and to enforce the legislative rules concerning occupational and
industrial health hazards, the sanitary condition of streams, sources of water
supply, sewerage facilities, and plumbing systems, and the qualifications of
personnel connected with the supplies, facilities or systems without regard to
whether they are publicly or privately owned; and to make inspections, conduct
hearings and enforce the legislative rules concerning the design of chlorination
and filtration facilities and swimming pools;
(o) To provide in accordance with this subdivision
and the definitions and other provisions of article one-a, chapter twenty-seven
27-1A-1 et seq. of this code, and as directed by the secretary, for a
comprehensive program for the care, treatment and rehabilitation of alcoholics
and drug abusers; for research into the cause and prevention of alcoholism and
drug abuse; for the training and employment of personnel to provide the
requisite rehabilitation of alcoholics and drug abusers; and for the education
of the public concerning alcoholism and drug abuse
(p) (17) To provide in accordance with
this subdivision for a program for the care, treatment, and rehabilitation of
the parents of sudden infant death syndrome victims; for the training and
employment of personnel to provide the requisite rehabilitation of parents of
sudden infant death syndrome victims; for the education of the public
concerning sudden infant death syndrome; for the responsibility of reporting
to the Legislature on a quarterly basis the incidence of sudden infant death
syndrome cases occurring in West Virginia; for the education of police,
employees, and volunteers of all emergency services concerning sudden infant
death syndrome; for the state sudden infant death syndrome advisory council
to develop regional family support groups to provide peer support to families
of sudden infant death syndrome victims; and for requesting appropriation
of funds in both federal and state budgets to fund the sudden infant death
syndrome program;
(q) (18) To establish and maintain a
state hygienic laboratory as an aid in performing the duties imposed upon the
commissioner, and to employ chemists, bacteriologists, and other
employees that may be necessary to properly operate the laboratory. The
commissioner may establish branches of the state laboratory at any points
within the state that are necessary in the interest of the public health;
(r) To establish and fund a uniform health
professionals data system to collect and maintain uniform data on all health
professionals in the state. This data shall include, but not be limited to, the
following information about each health professional: His or her name,
profession, the area of the state where he or she is practicing, his or her
educational background, his or her employer’s name, and number of years
practicing within the profession. The boards provided for in articles three,
four, four-a, five, seven, seven-a, fourteen, fourteen-a, fifteen, sixteen,
twenty, twenty-one, twenty-three, twenty-eight, thirty-one, thirty-two,
thirty-four, thirty-five, thirty-six and thirty-seven, chapter thirty of this
code shall annually collect the data on health professionals under their jurisdiction
in the format prescribed by the commissioner. Each board shall pay to the
bureau annually, an amount determined by the commissioner to be a pro rata
portion, for anticipated expenses to establish and operate the uniform health
professionals data system required by this section. The commissioner may
standardize data collection methods if necessary to implement the provisions of
this section. The commissioner shall publish annually and make available, upon
request, a report setting forth the data which was collected the previous year;
areas of the state which the collected data indicates have a shortage of health
professionals; and projections, based upon the collected data, as to the need
for more health professionals in certain areas
(s) (19) To expend, for the purpose of
performing the public health duties imposed on the bureau, or authorized by
law, any sums appropriated by the Legislature. The commissioner may make
advance payments to public and nonprofit health services providers when the
commissioner determines it is necessary for the initiation or continuation of
public health services. The advance payments, being in derogation of the
principle of payment only after receipt of goods or services, shall be
authorized only after serious consideration by the commissioner of the
necessity of the advance payments and shall be for a period no greater than ninety
90 days in advance of rendition of service or receipt of goods and
continuation of health services; and
(t) (20) To exercise all other powers
delegated to the commissioner by the secretary or by this chapter or otherwise
in this code, to enforce all health laws, and to pursue all other activities
necessary and incident to the authority and area of concern entrusted to the
bureau or the commissioner.
(b) The commissioner shall establish within the
Bureau for Public Health, a Center for Local Public Health. The center shall:
(1) Enhance the quality and availability of
essential public health services throughout the state provided by local boards
of health;
(2) Provide technical assistance and consultation
to a local board of health agency;
(3) Allocate and distribute funding based upon
performance based standards;
(4) Provide technical assistance to the local
public health workforce;
(5) Facilitate bi-directional communication;
(6) Establish a uniform state-wide computer system
for the reporting of public health data;
(7) Inventory the services provided by a local
boards of health;
(8) Support sharing of services between local
boards of health;
(9) Create a performance-based evaluation system
based on standards established by legislative rule;
(10) Provide a quarterly training to ensure
consistency in the application of state laws, legislative rules, and local
health department rules; and
(11) Enforce compliance with performance
standards.
§16-1-7. Commissioner serving on advisory
boards.
(a) Effective
July 1, 2012, the commissioner serves on the West Virginia Board of Medicine,
provided in §30-3-1 et seq. of this code.
(b) Effective July 1, 2012 The commissioner
serves on the following advisory councils, boards, and commissions:
(1) The Advisory Committee on Cancer (Cancer
Registry);
(2) The Air Quality Board;
(3) The Appalachian States Low-level Radioactive
Waste Commission;
(4) The Child Fatality Review Team;
(5) The Childhood Immunization Advisory Committee;
(6) The Early Intervention Coordinating Council;
(7) The Interagency Council on Osteoporosis;
(8) The Sewage Advisory Board;
(9) The State Emergency Response Commission;
(10) The State Groundwater Coordinating Committee;
(11) The Water Development Authority;
(12) The West Virginia Commission for the Deaf and
Hard of Hearing;
(13) The West Virginia Infrastructure and Jobs
Development Council; and
(14) Any other advisory council, board, or commission
as assigned by the secretary except for business, professional, or occupational
licensing boards.
(c) (b) Notwithstanding any other provision
of this code to the contrary, The commissioner may, at his or her
discretion designate in writing a representative to serve in his or her
stead at the meetings and in the duties of all boards and commissions on which
the commissioner is designated as an ex officio member. The appropriately
designated representative or proxy acts with the full power and
authority of the commissioner in voting, acting upon matters concerning the
public health and welfare and other business that is properly the duty of
any board or commission. The representative serves as proxy at the
commissioner’s will and pleasure. The provisions of this section do not
apply to the West Virginia Board of Medicine, the Air Quality Board, or other
board, commission, or body on which the commissioner is designated by this code
as chairman ex officio, secretary ex officio, or a board, commission, or body
on which the commissioner is designated by this code as being that person whose
signature must appear on licenses, minutes, or other documents necessary to
carry out the intents and purposes of the board, commission, or body
§16-1-8. Duties and powers of the
commissioner; authorization to cooperate with any state health planning and
development agencies and any federal government agencies in hospital and other
health facility programs.
[Repealed].
§16-1-10. Disposition of permit, license, or
registration fees received by the commissioner; report to Auditor; health
facility licensing account.
(a) The commissioner shall receive and account for
all moneys required to be paid as fees to the bureau for permits, licenses, or
registrations, pursuant to the provisions of this code and legislative rules.
(b) Subject to the provisions set forth in §12-2-2 of
this code, there is continued in the State Treasury a separate account which
shall be designated ‘the Health Facility Licensing Account.’ The commissioner
shall deposit to the Health Facility Licensing Account all health facility
licensing fees and may spend the moneys deposited in the health facility
licensing account in accordance with the laws of this state to implement
activities of health facility licensing. As part of the annual state budget,
the Legislature shall appropriate for health facility licensure all moneys
deposited in the Health Facility Licensing Account.
Any remaining balance including accrued interest in
the account at the end of any fiscal year shall not revert to the General
Revenue Fund, but shall remain in the account, and the moneys may be spent
after appropriation by the Legislature in ensuing fiscal years. The
commissioner shall make an annual report to the Legislature on the health facility
licensing account, including the previous fiscal year’s expenditures and
projected expenditures for the next fiscal year
§16-1-11. Disposition of fees for services
charged and received by the commissioner; health services fund.
(a) Notwithstanding any other provisions of this
chapter, The commissioner may assess and charge reasonable fees for the
provision of services provided by the bureau: Provided, That no
individual may be denied health care services by the bureau because of the
inability of the individual to pay for services. when services are provided
to similarly situated individuals who have the ability to pay for them The
fees shall be deposited into a special revolving fund in the State Treasury
designated the ‘Health Services Fund.’
(b) Any balance including accrued interest in the
special revolving fund at the end of any fiscal year shall not revert to the
General Revenue Fund but shall remain in the fund for use by the commissioner
for funding health programs in the ensuing fiscal years.
(c) The commissioner may authorize reasonable fees
for the provision of services by local boards of health as created in article
two of this chapter: Provided, That no individual may be denied health
care services by the local health department because of the inability of the
individual to pay for services when services are provided to similarly situated
individuals who have the ability to pay for them. The fees shall be deposited
into the local board of health account for use by the local board for funding
health programs. The commissioner shall establish the fees on a sliding fee
basis determined by an individual’s ability to pay: Provided, however,
That the local board of health may submit a request through the administrator
for third party reimbursement where the request is appropriate: Provided
further, That Local boards of health that establish fees shall annually
submit a schedule of fees, a sliding fee scale and an accounting of amounts
collected to the commissioner as part of its program plan or plan of operation.
(d) The secretary shall propose legislative rules in
accordance with article three, chapter twenty-nine-a of this code, setting
forth the fees established, assessed, and charged by the commissioner
§16-1-12. Receipt and disbursement of federal
aid and other moneys for health purposes.
(a) The commissioner at the direction of the
secretary, may accept, receive, and receipt for federal moneys and other
moneys, either public or private, for and on behalf of this state or any county
or municipality of this state, for public health purposes, or for the
establishment or construction of public health facilities, whether the work is
to be done by the state, or by the county or municipality, or jointly, aided by
grants of aid from the United States, upon such terms and conditions as are, or
may be, prescribed by the laws of the United States and regulations made
thereunder. The commissioner may act as the agent of the state or any of its
agencies, or of any county or municipality of this state, upon the request of
any agency of the state or of any county or municipality, in accepting,
receiving and receipting for the moneys in its behalf, for public health
facilities financed either, in whole or in part, by federal moneys.
(b) The state, any agency of the state, or any county or
municipality may, designate the commissioner as its agent for the purposes set
forth in subsection (a) of this section and the agency, county, or municipality
may enter into an agreement with the commissioner prescribing the terms and
conditions of the agency in accordance with federal laws and regulations, and
with the laws of this state. The moneys paid over by the United States
government shall be retained by the state or paid over to the counties or
municipalities under the terms and conditions imposed by the United States
government in making the grants.
(c) All moneys accepted for disbursement pursuant to
this section shall be deposited by the secretary or the commissioner in
the State Treasury, and unless otherwise prescribed by the authority from which
the money is received, kept in separate funds, designated according to the
purpose for which the moneys were made available, and held by the state in
trust for those purposes. All moneys are hereby appropriated for the purposes
for which the moneys were made available and shall be expended in accordance
with federal laws and regulations and with the laws of this state. The
commissioner may, whether acting for the state or one of its agencies, or as
the agency for any county or municipality, when requested by the United States
government or any agency or department of the United States government, or when
requested by the state, a state agency, or any county or municipality for which
the moneys have been made available, disburse the moneys for the designated
purposes, but this shall not include any other authorized method of
disbursement.
§16-1-13. Hospital services revenue account;
health facilities long-range plans.
[Repealed].
§16-1-14. Training of employees.
To insure adequate standards of public service,The
commissioner may provide technical and specialized instruction for employees of
the bureau.
If upon review of the personnel records of any
employee of the bureau, the commissioner is of the opinion that it would be in
the best interest of the bureau to provide the employee with additional
training or instruction, not to exceed nine months in any four-year period, in
the field or vocation in which the employee is engaged, the commissioner may,
upon approval of the secretary, direct that the employee obtain the additional
training or instruction at any place the commissioner considers suitable.
Designated attendance of the employee shall be compensated for as a part of
regular employment The commissioner is further authorized to may
pay out of federal funds and such state funds as are available to match such
federal funds, any required tuition or enrollment fees.
§16-1-21. Creation of Diabetes Action Plan.
[Repealed].
ARTICLE
2. LOCAL BOARDS OF HEALTH.
§16-2-2. Definitions.
Unless the context in which used clearly
requires a different meaning, as used in this article:
‘Appointing authority’ means the county commission or
municipality, or combination thereof, that authorized the creation or
combination of the local board of health, in whatever form it presently exists;
‘Basic public health services’ means those services
that are necessary to protect the health of the public and that a local board
of health must provide; The three areas of basic public health services are
communicable and reportable disease prevention and control, community health
promotion, and environmental health protection;
‘Bureau’ means the Bureau for Public Health in the
Department of Health and Human Resources;
‘Clinical and categorical programs’ means those
services provided to individuals of specified populations and usually focus on
health promotion or disease prevention. These services are not considered
comprehensive health care but focus on specific health issues such as breast
and cervical cancer, prenatal and pediatric health services, and home health
services;
‘Combined local board of health’ is one form of
organization for a local board of health and means a board of health serving
any two or more counties or any county or counties and one or more
municipalities within or partially within the county or counties;
‘Commissioner’ means the Commissioner of the Bureau
for Public Health, who is the state health officer;
‘Communicable and reportable disease prevention and
control’ is one of three areas of basic public health services each local
board of health must offer. Services shall include means disease
surveillance, case investigation and follow-up, outbreak investigation,
response to epidemics, and prevention and control of rabies, sexually transmitted
diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis, and other
communicable and reportable diseases;
‘Community health promotion’ is one of three areas
of basic public health services each local board of health must offer. Services
shall include mean assessing and reporting community health
needs to improve health status, facilitating community partnerships including
identifying the community’s priority health needs, mobilization of a community
around identified priorities, and monitoring the progress of community health
education services;
‘County board of health’ is one form of organization
for a local board of health and means a local board of health serving a single
county;
‘Department’ means the West Virginia Department of
Health and Human Resources;
‘Director’ or ‘director of health’ means the state
health officer. Administratively within the department, the Bureau for Public
Health through its commissioner carries out the public health function of the
department, unless otherwise assigned by the secretary;
‘Enforcement activity’ means the implementation or
enforcement of applicable state rules, local rules, and local health department
rules;
‘Enhanced public health services’ means services that
focus on health promotion activities to address a major health problem in a
community, are targeted to a particular population and assist individuals in
this population to access the health care system; such as lead and radon
abatement for indoor air quality and positive pregnancy tracking. Enhanced
public health services are services a local health department may offer;
‘Environmental health protection’ is one of three
areas of basic public health services each local board of health must offer.
Services shall include means efforts to protect the community from
environmental health risks including, inspection of housing, institutions,
recreational facilities, sewage, and wastewater facilities; inspection and
sampling of drinking water facilities; and response to disease outbreaks or
disasters;
‘Guidance’ means providing
advice to a person, the public, a business, school board, or governmental
entity regarding a public health issue or matter. Guidance is not a health
order;
‘Health order’ means an order
issued by the local health officer or local health board to protect the public
health of the citizens by directing an individual or a discreet group of
individuals to take a specific action to protect the health of the public or
stop the spread of a communicable disease;
‘Imminent public health
emergency’ means any immediate acute threat, hazard, or danger to the health of
the population of the jurisdiction, whether specific or general, whether or not
officially declared;
‘Local board of health’, ‘local board’, or ‘board’
means a board of health serving one or more counties or one or more
municipalities or a combination thereof;
‘Local health department’ means the staff of the
local board of health;
‘Local health department rule’ means a rule issued by
the local board of health that has been approved by the appointing authority or
was adopted prior to March 4, 2021, or a rule issued by the local board of
health that may immediately go into effect because of an imminent public health
emergency under §16-2-1(b)(3)(H) of this code;
‘Local health officer’ means the individual physician
with a current West Virginia license to practice medicine or a licensed
advanced practice registered nurse that has the ability to independently
practice who supervises and directs the activities of the local health
department services, staff and facilities and is appointed by the local board
of health with approval by the commissioner;
‘Local rule’ means an order adopted by a county
commission or an ordinance adopted by a city that properly directs the local
health department to implement or enforce the order or ordinance;
‘Municipal board of health’ is one form of
organization for a local board of health and means a board of health serving a
single municipality;
‘Performance-based standards’ means generally
accepted, objective standards such as rules or guidelines against which a local
health department’s level of performance can be measured;
‘Primary care services’ means health care services,
including medical care, that emphasize first contact patient care and assume
overall and ongoing responsibility for the patient in health maintenance and
treatment of disease. Primary care services are services that local boards of
health may offer if the board has determined that an unmet need for primary
care services exists in its service area. Basic public health services funding
may not be used to support these services;
‘Program plan’ or ‘plan of operation’ means the
annual plan for each local board of health that must be submitted to the
commissioner for approval;
‘Secretary’ means the Secretary of the Department of
Health and Human Resources; and
‘Service area’ means the territorial jurisdiction of
the local board of health; and
‘State Rule’ means a state statute, legislative rule
promulgated by a state agency, or an order of the secretary relating to public
health that is to be enforced by a local health department.
§16-2-10. Local board of health; meetings;
attendance; bylaws; quorum; chairperson selection, powers and duties.
(a) Each A local board of health may
shall meet as often as necessary to orderly and efficiently execute its
duties and exercise its powers: Provided, That in a service area
having a population of less than thirty thousand residents, the board shall
meet no fewer than four times per year and in a service area having a
population of more than thirty thousand residents, the board shall meet but,
no fewer than six times per year. Members of a local board of health shall
attend board meetings in compliance with attendance policies established by its
bylaws or rules.
(b) Each A local board of health is
authorized to and shall adopt and may amend bylaws or rules governing the
time and place of its regular meetings, procedures, and method of conducting
its meetings. including quorum, meeting attendance policies, requirements
for written minutes and board actions as public records, duties and election
process for officers, process for filling board vacancies, number, duties,
tenure and eligibility of members, and any other matters affecting how the
board is organized to perform its duties. A quorum of the board for
transacting business is a simple majority of the constituent membership of the
board.
(c) Each A local board of health,
pursuant to its bylaws, shall elect from its members a chairperson. The
chairperson shall serve for a term of one year and may be reelected for
additional terms. The chairperson may, on behalf of the board, sign documents,
execute contracts, and otherwise act for and in the name of the board in all matters
within its lawful powers and as duly authorized by a majority of the board
members.
§16-2-11. Local board of health; powers and
duties.
(a) Each A local board of health
created, established, and operated pursuant to the provisions of this article
shall:
(1) Provide the following basic public health
services and programs in accordance with state public health performance-based
standards:
(i) (A) Community health promotion
including assessing and reporting community health needs to improve health
status, facilitating community partnerships including identifying the
community’s priority health needs, mobilization of a community around
identified priorities, and monitoring the progress of community health
education services;
(ii) (B) Environmental health protection
including the promoting and maintaining of clean and safe air, water, food, and
facilities, and the administering of public health laws as specified by the
commissioner as to general sanitation, the sanitation of public drinking water,
sewage and wastewater, food and milk, and the sanitation of housing,
institutions, and recreation; and
(iii) (C) Communicable or reportable
disease prevention and control including disease surveillance, case
investigation and follow-up, outbreak investigation, response to epidemics, and
prevention and control of rabies, sexually transmitted diseases, vaccine
preventable diseases, HIV/AIDS, tuberculosis, and other communicable and
reportable diseases;
(D) Immunizations; and
(E) Threat preparedness.
(2) Appoint a local health officer to serve at the
will and pleasure of the local board of health with approval of the
commissioner;
(3) Submit a general plan of operation to the
commissioner for approval, if it receives any state or federal money for health
purposes. This program plan shall be submitted annually and comply with
provisions of the local board of health standards administrative rule;
(4) (2) Provide equipment and
facilities for the local health department that are in compliance with federal
and state law;
(5) (3) Permit the commissioner to act
by and through it, as needed. The commissioner may enforce all public health
laws of this state, the rules and orders of the secretary, any county
commission orders or municipal ordinances of the board’s service area relating
to public health, and the rules and orders of the local board within the
service area of a local board. The commissioner may enforce these laws, rules,
and orders when, in the opinion of the commissioner, a public health emergency
exists or when the local board fails or refuses to enforce public health laws
and rules necessary to prevent and control the spread of a communicable or
reportable disease dangerous to the public health. The expenses incurred shall
be charged against the counties or municipalities concerned;
(6) (4) Deposit all moneys and
collected fees into an account designated for local board of health purposes.
The moneys for a municipal board of health shall be deposited with the
municipal treasury in the service area. The moneys for a county board of health
shall be deposited with the county treasury in the service area. The moneys for
a combined local board of health shall be deposited in an account as designated
in the plan of combination: Provided, That nothing contained in this
subsection is intended to conflict with the provisions of §16-1-1 et seq. of
this code;
(7) (5) Submit vouchers or other
instruments approved by the board and signed by the local health officer or
designated representative to the county or municipal treasurer for payment of
necessary and reasonable expenditures from the county or municipal public
health funds: Provided, That a combined local board of health shall draw
upon its public health funds account in the manner designated in the plan of
combination;
(8) (6) Participate in audits, be in
compliance with tax procedures required by the state, and annually develop a
budget for the next fiscal year;
(9) (7) Perform public health duties
assigned by order of a county commission or by municipal ordinance consistent
with state public health laws; and
(10) (8) Enforce the public health laws
of this state and any other laws of this state applicable to the local board; and
(9) Create by rule a fee schedule, as approved by
the appointing authority, for those environmental services it provides that are
not established by state code.
(b) Each A local board of health created,
established, and operated pursuant to the provisions of this article may:
(1) Provide primary care services, clinical and
categorical programs, and enhanced public health services;
(2) Employ or contract with any technical,
administrative, clerical, or other persons, to serve as needed and at the will
and pleasure of the local board of health. Staff and any contractors providing
services to the board shall comply with applicable West Virginia certification
and licensure requirements. Eligible staff employed by the board shall be
covered by the rules of the Division of Personnel under §29-10-6 of this code.
However, any local board of health may, in the alternative and with the consent
and approval of the appointing authority, establish and adopt a merit system
for its eligible employees. The merit system may be similar to the state merit
system and may be established by the local board by its order, subject to the
approval of the appointing authority, adopting and making applicable to the
local health department all, or any portion of any order, rule, standard, or
compensation rate in effect in the state merit system as may be desired and as
is properly applicable;
(3) (A) Adopt and promulgate and from time to time
amend local health department rules consistent with state rules, that are
necessary and proper for the protection of the general health of the service
area and the prevention of the introduction, propagation, and spread of
disease.
(B) The commissioner shall establish a procedure by
which adverse determinations by local health departments may be appealed,
unless otherwise provided for, for the purpose of ensuring a consistent
interpretation of state rules.
(C) When local health department rules are adopted,
promulgated, or amended, the local board of health shall place notice in the
State Register and on their organization’s web page setting forth a notice of
proposed action, including the text of the new local
health department rule or the amendment and the date, time, and place for
receipt of public comment.
(D) All local health department rules shall be
approved, disapproved, or amended and approved by the county commission or
appointing authority within 30 days of approval from the local board of health,
and any local health department rule on which the appointing authority has
taken no action within 30 days shall be void: Provided,
That a local health department rule issued in response to an imminent public
health emergency under the provisions of paragraph (H) of this subdivision may
have immediate force and effect subject to the limitations set forth therein.
(E) All local health department rules of a combined
local board of health shall be approved, disapproved, or amended and approved
by each appointing authority within 30 days of approval from the combined local
board of health. If one appointing authority approves and another other does
not approve a local health department rule from a combined local board health
department, the local health department rule is only in effect in the
jurisdiction of the appointing authority which approved the local health
department rule: Provided, That a local health department rule issued in
response to an imminent public health emergency under the provisions of
paragraph (H) of this subdivision may have immediate force and effect subject
to the limitations set forth therein.
(F) An approved local health department rule shall be
filed with the clerk of the county commission or the
clerk or the recorder of the municipality, or both, and shall be kept by the
clerk or recording officer in a separate book as public records.
(G) A local health department rule currently in
effect on March 4, 2021, is not subject to approval, unless amended, from the
county commission or appointing authority.
(H) If there is an imminent public health emergency,
approval of the county commission or appointing authority is not necessary
before a local health department rule goes into effect but shall be approved or
disapproved by the county commission or appointing authority within 30 days
after the local health department rules are effective, and any rule on which
the appointing authority has taken no action within 30 days shall be void;
(4) Accept, receive, and receipt for money or
property from any federal, state, or local governmental agency, from any other
public source or from any private source, to be used for public health purposes
or for the establishment or construction of public health facilities;
(5) Assess, charge, and collect fees for permits and
licenses for the provision of public health services: Provided, That
permits and licenses required for agricultural activities may not be assessed,
charged, or collected: Provided, however, That a local board of health
may assess, charge, and collect all of the expenses of inspection of the
physical plant and facilities of any distributor, producer, or pasteurizer of
milk whose milk distribution, production, or pasteurization facilities are located
outside this state but who sells or distributes in the state, or transports,
causes, or permits to be transported into this state, milk or milk products for
resale, use or consumption in the state and in the service area of the local
board of health. A local board of health may not assess, charge, and collect
the expenses of inspection if the physical plant and facilities are regularly
inspected by another agency of this state or its governmental subdivisions or
by an agency of another state or its governmental subdivisions certified as an
approved inspection agency by the commissioner. No more than one local board of
health may act as the regular inspection agency of the physical plant and
facilities; when two or more include an inspection of the physical plant and
facilities in a regular schedule, the commissioner shall designate one as the
regular inspection agency;
(6) Assess, charge, and collect fees for services
provided by the local health department: Provided, That fees for
services shall be submitted to and approved by the commissioner: Provided,
however, That a A local health department may bill health care
service fees to a payor which includes, but is not limited to, Medicaid, a
Medicaid Managed Care Organization, and the Public Employees Insurance Agency
for medical services provided: Provided further, That health care
service fees billed by a local health department are not subject to
commissioner approval and may be at the payor’s maximum allowable rate;
(7) Contract for payment with any municipality,
county, or board of education, for the provision of local health services or
for the use of public health facilities. Any contract shall be in writing and
permit provision of services or use of facilities for a period not to exceed
one fiscal year. The written contract may include provisions for annual renewal
by agreement of the parties; and
(8) Retain and make available child safety car seats,
collect rental and security deposit fees for the expenses of retaining and
making available child safety car seats, and conduct public education
activities concerning the use and preventing the misuse of child safety car
seats: Provided, That this subsection is not intended to conflict with
the provisions of §17C-15-46 of this code: Provided, however, That any
local board of health offering a child safety car seat program or employee or
agent of a local board of health is immune from civil or criminal liability in
any action relating to the improper use, malfunction, or inadequate maintenance
of the child safety car seat and in any action relating to the improper
placement, maintenance, or securing of a child in a child safety car seat.
(c) The local boards of health are charged with
protecting the health and safety, as well as promoting the interests of the
citizens of West Virginia. All state funds appropriated by the Legislature for
the benefit of local boards of health shall be used for provision of basic
public health services.
(d) If the Governor declares a statewide public
health emergency, the state health officer may develop emergency policies and
guidelines that each of the local health departments responding to the
emergency must comply with in response to the public health emergency.
§16-2-12. Local health officer; term of
appointment; qualifications; reappointment; compensation; and removal.
A local board of health shall appoint a full-time or
part-time local health officer. with approval by the commissioner. The
local health officer shall be a physician or a licensed advanced practice
registered nurse with the ability to practice independently currently
licensed in this state and knowledgeable in the science of public health. A
local health officer serves at the will and pleasure of the local board for a
term of one year and is eligible for reappointment at compensation determined
by the local board of health.
A local health officer may be removed from office by
the commissioner if the local health officer fails or refuses to carry out the
lawful orders or rules of the secretary in the event the commissioner
determines a public health emergency exists or if the local health officer
fails or refuses to enforce public health laws and rules necessary to prevent
and control the spread of communicable or reportable diseases dangerous to the
public health. Upon removal, a successor local health officer shall immediately
be appointed by the board pursuant to the provisions of this article.
§16-2-13. Local health officer; powers and
duties.
(a) A local health officer serves as the executive
officer of the local board and under its supervision, a local health officer
shall administer and enforce state rules, local rules, and local health
department rules within the local board of health’s service area.
(b) A local health officer has the following
additional powers and duties which may be delegated with the approval of
the board:
(1) To attend local board meetings as a nonvoting
member. A local health officer serves as secretary at all board meetings and is
responsible for maintaining the board’s offices, meeting minutes, and records;
(2) To supervise and direct the activities of the
local board’s health services, employees and facilities;
(3) To ensure that procedures are established for the
receipt of communicable or reportable disease reports from local physicians
and other reporting sources and for the transmittal of the reports to the
commissioner;
(4) To perform mandatory HIV tests on persons
convicted of sex-related offenses and resident within the service area; and
(5) To determine when sufficient corrections have
been made to warrant removal of any restrictions or limitations placed on an
individual or entity for public health purposes by an employee of the local
board of health.
(c) A local health officer shall perform enforcement
activity.
(d) A local health officer may issue guidance.
(e) A local health officer may issue a health order.
§16-2-14.
Financial responsibilities of appointing authorities for local boards of
health; levies; appropriation of county or municipal general funds for public
health purposes; state funding.
The appointing authorities for local boards of health
shall provide financial support for the operation of the local health
department. The county commission of any county or the governing body of any
municipality in which a local board of health is established pursuant to the
provisions of this article, or the county commission of any county or the
governing body of any municipality who is a participating member of a combined
local board of health may levy a county or municipal tax to provide funds for
the local board of health: Provided, That the tax may not exceed 3 cents
on each $100 of assessed valuation of the taxable property in the levying
county or municipality, according to the latest assessment.
The county commission of any county or the governing
body of any municipality in which a local board of health is established, pursuant
to the provisions of this article, or the county commission of any county
or the governing body of any municipality who is a participating member of a
combined local board of health may appropriate and spend money from the county
or municipal general funds for public health purposes and to pay the expenses
of the operation of the local board of health services and facilities.
The commissioner and the secretary may pay over and
contribute to any board of health, created and maintained pursuant to the
provisions of this article the sum or sums of money that may be available
from funds included in appropriations made for the department. of Health and
Human Resources. The commissioner may withhold all or part of any funds
until a local board of health submits an acceptable plan to correct
deficiencies in the local board’s program plan.
The bill, as amended by the Senate, was then put upon
its passage.
The question being on the passage of the bill, the yeas
and nays were taken (Roll No. 463), and there were—yeas 94, nays none,
absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Barrett, Cooper, Hardy, Kimble,
Thompson and Toney.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for H. B. 4113) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 464), and there were—yeas 94, nays none, absent and not voting 6, with
the absent and not voting being as follows:
Absent and Not Voting: Barrett, Cooper, Hardy, Kimble,
Thompson and Toney.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for H. B. 4113) takes effect from its passage.
Ordered, That the Clerk of the House communicate
to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had
passed, with amendment, to take effect from passage, a bill of the House of
Delegates, as follows:
Com. Sub. for H. B. 4257, Require visitation
immediately following a procedure in a health care facility.
On motion of Delegate Summers, the House concurred in
the following amendment of the bill by the Senate:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
“ARTICLE
39. PATIENT SAFETY ACT.
§16-39-3. Definitions.
For purposes of this article, the following words and
phrases have the following meanings:
‘Appropriate authority’ means a federal, state, county,
or municipal government body, agency or organization having jurisdiction over
criminal law enforcement, regulatory violations, professional conduct or
ethics, or waste or any member, officer, agent, representative, or supervisory
employee thereof;
‘Clergy’ means an ordained clergy, such as a
rabbi, priest, Islamic cleric, associate pastor, licensed minister, or lay
minister serving under the direction of the congregation such as the Roman
Catholic Eucharistic ministers;
‘Commissioner’ means the commissioner of the division
of health;
‘Direct patient care’ means health care that provides
for the physical, diagnostic, emotional, or rehabilitational needs of a patient
or health care that involves examination, treatment, or preparation for
diagnostic tests or procedures.
‘Discrimination or retaliation’ includes any threat,
intimidation, discharge, or any adverse change in a health care worker’s
position, location, compensation, benefits, privileges, or terms or conditions
of employment that occurs as a result of a health care worker engaging in any
action protected by this article.
‘Good faith report’ means a report of conduct defined
in this article as wrongdoing or waste that is made without malice or
consideration of personal benefit and which the person making the report has
reasonable cause to believe is true.
‘Health care entity’ includes a health care facility,
such as a hospital, clinic, nursing facility, or other provider of health care
services.
‘Health care facility’ means:
(1) A hospital licensed pursuant to §16-5B-1 et
seq. of this code;
(2) A nursing home licensed pursuant to §16-5C-1
et seq. of this code;
(3) An assisted living residence licensed pursuant to
§16-5D-1 et seq. of this code; and
(4) Hospice licensed pursuant to §16-5I-1 et seq. of
this code.
‘Health care worker’ means a person who provides
direct patient care to patients of a health care entity and who is an employee
of the health care entity, a subcontractor, or independent contractor for the
health care entity, or an employee of the subcontractor or independent
contractor. The term includes, but is not limited to, a nurse, nurse’s aide,
laboratory technician, physician, intern, resident, physician assistant,
physical therapist, or any other person who provides direct patient care.
‘Patient’ means a person living or receiving services
as an inpatient at a healthcare facility.
‘Public Health State of Emergency’ means a federal or
state declaration of a state of emergency arising from or relating to a public
health crisis.
‘Visitor’ means any visitor from the patient’s
family, or hospice or clergy visiting a patient in a healthcare
facility.
‘Waste’ means the conduct, act, or omission by a
health care entity that results in substantial abuse, misuse, destruction, or
loss of funds, resources, or property belonging to a patient, a health care
entity, or any federal or state program.
‘Wrongdoing’ means a violation of any law, rule,
regulation, or generally recognized professional or clinical standard that
relates to care, services, or conditions and which potentially endangers one or
more patients or workers or the public.
§16-39-8. Visitation of a patient in a health
care facility.
(a) During a declared public health state of
emergency for a contagious disease, a health care facility shall permit
visitation of a patient. If the patient’s death is imminent, the health care
facility shall allow visitation upon request at any time and frequency. In all
other instances, the health care facility shall allow visitation once the
patient is stable following a surgical procedure and, not less than once
every five days: Provided, That visitation permitted by any health care
entity may not be inconsistent with any applicable federal law, rule, policy,
or guidance in effect for the same emergency.
(b) A visitor shall comply with the applicable
procedures established by the health care facility.
(c) The health care facility may deny a visitor entry
to the health care facility, may subject a visitor to expulsion from the
facility, or may permanently revoke visitation rights to a visitor who does not
comply with the applicable procedures established by the health care facility.
(d) A healthcare facility is not liable to a person
visiting another person, nor to any other patient or resident of the health
care facility, for any civil damages for injury or death resulting from or
related to actual or alleged exposure during, or through the performance of,
the visitation in compliance with this section, unless the health care facility
failed to substantially comply with the applicable health and safety procedures
established by the health care facility.
(e) Health care facilities shall provide patients
adequate and lawful access to clergy so that patients can practice their
religion by receiving clergy visitation at any reasonable time, as long as the
visit does not disrupt clinical care: Provided, That if the health care
facility limits the number of people able to visit the patient, the member of
the clergy is not to be considered within that number.
(f) Clergy shall comply with the applicable
visitation procedures established by the health care facility.”
And,
By amending the title of the bill to read as follows:
Com. Sub for H. B. 4257 - “A Bill to amend and
reenact §16-39-3 and §16-39-8 of the Code of West Virginia, 1931, as amended,
all relating to requiring visitation of a patient in a health care facility;
defining terms; permitting visitation when the patient is stable following a
surgical procedure; permitting visitation of a patient by a member of clergy;
and establishing parameters for clergy visitation.”
The bill, as amended by the Senate, was then put upon
its passage.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 465), and there were—yeas 96, nays none,
absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Cooper, Hardy, Thompson and
Toney.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for H. B. 4257) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 466), and there were—yeas 96, nays none, absent and not voting 4, with
the absent and not voting being as follows:
Absent and Not Voting: Cooper, Hardy, Thompson and
Toney.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for H. B. 4257) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate
had passed, without amendment, a bill of the House of Delegates, as follows:
H. B. 4396, Reducing federal adjusted gross
income relating to tolls for travel on West Virginia toll roads paid
electronically.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate
had passed, without amendment, a bill of the House of Delegates, as follows:
H. B. 4410, Specifying allocation,
apportionment and treatment of income of flow-through entities.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate
had passed, without amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4451, Eliminating the
requirement that otherwise qualified investment assets be located or installed
at or within 2 miles of a preexisting manufacturing facility.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate
had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4479, Establishing the
Coalfield Communities Grant Facilitation Commission.
On motion of Delegate Kessinger, the House concurred
in the following amendment of the bill by the Senate:
On page one, by striking out everything after the
enacting clause and inserting in lieu thereof the following:
“ARTICLE 2K. COALFIELD COMMUNITIES GRANT FACILITATION COMMISSION.
§5B-2K-1. Short title.
This article shall be known as the Coalfield Grant
Facilitation Act of 2022.
§5B-2K-2. Legislative Findings.
The Legislature finds that the historical coal
field communities of this state that were once thriving and vital parts of the
state have seen decades of decline as changes in coal mining technologies and
mining practices and the decline in the market for coal have resulted in a
steady decline in the populations and economic vitality of the coal mining
regions of our state; and every effort made to revitalize these areas is an
important and necessary component of the success and advancement of the economy
of this state.
Many funding initiatives available to these areas
in the form of matching grants from federal and private sources have become a
significant and important opportunity for access to capital to initiate
revitalization, but limitations of funds to match grants and having the
resources to apply for and facilitate receipt of these grants has encumbered
the utilization of these resources.
The Legislature, by enactment of this article,
intends to initiate mechanisms to facilitate the access to such capital, by
establishing a commission to administer state funds to provide to eligible
local entities the required local matching portion for certain grants; and to
facilitate assistance to these local entities by providing access to grant
writing expertise and support by utilizing our state university and colleges to
assist in the development of successful grant writing resources for local
entities to maximize their success in rebuilding their communities.
§5B-2K-3. Coalfield Community Grant
Facilitation Commission created.
(a) The Coalfield Community Grant Facilitation
Commission is hereby created as an independent body corporate. The commission
shall consist of 12 members, who shall be residents and citizens of the state.
Commission members shall be appointed by the Governor, by and with the advice
and consent of the Senate. The commission shall consist of the following
members:
(1) The Secretary of the Department of Economic
Development, or his or her designee, who shall serve as chairperson of the
commission;
(2) A representative of county governments of this
state;
(3) A representative of large municipalities of
this state;
(4) A representative of small municipalities of
this state;
(5) Two representatives of a foundation,
nonprofit, or other organization that provides grants for public interest
projects in this state and who has expertise in grant issuance or
administration;
(6) Two representatives of institutions of higher
education with specialized knowledge in economic development;
(7) A representative from businesses and
industries within the state; and
(8) Three members at large appointed from regions
and counties within coalfield areas of the state who have knowledge and
experience in local issues, economic development, or other areas of expertise
within the directive of the commission.
(b) Each member shall serve a term of five years.
Of the members first appointed, five shall be appointed for a term ending
December 31, 2023, and three each for terms ending one and two years
thereafter. Commission members may be reappointed to additional terms, and
although their terms may have expired shall continue to serve until their
successor has been appointed.
(c) It is the duty of the commission:
(1) To establish a process for timely review of
applications and approval of awards of funds needed as a required match to
receive federal, state, or private grants with the goal to assure the greatest
possibility that a grant being applied for is received;
(2) To award grants of commission funds, as
available, in an efficient and fair manner to provide a match for local
entities that would otherwise qualify for a federal, state, or private grant
but are unable to fulfill the grant’s matching fund requirements;
(3) To provide grant applicants with technical
assistance and support; and
(4) To disseminate information for the purpose of
educating persons and entities as to the existence and functions of the
commission and as to the availability of state, federal, and nongovernmental
resources.
(d) The Department of Economic Development shall
assist the commission in its functions and operations including, but not limited
to, providing administrative, clerical, and technical support.
(e) Members of the commission are not entitled to
compensation for services performed as members. Each
member is entitled to reimbursement for reasonable expenses incurred
in the discharge of their official duties. All expenses incurred by members
shall be paid in a manner consistent with guidelines of the Travel Management
Office of the Department of Administration and are payable solely from the
funds of the Department of Economic Development or from funds appropriated for
that purpose by the Legislature.
(f) No liability or
obligation is incurred by the commission beyond the extent to which
moneys are awarded for grant acquisition facilitation.
(g) Members shall meet as designated and scheduled
by the chairperson. The presence of a majority of commission members, in person
or by real-time electronic communication, constitutes a quorum to conduct
business at a meeting.
(h) The commission shall prioritize the locations
for grant funding assistance by utilizing the designation of priority
communities established by the ‘Interagency Working Group on Coal and Power
Plant Communities and Economic Revitalization’ established by presidential
executive order 14008, issued on January 21, 2021. The commission may not
certify a project unless it finds that the proposal is in the public interest
and the grant will be used for a public purpose. For purposes of this article,
projects in the public interest and for a public purpose can provide private benefit,
if the commission, in its judgment determines that: (1) the project will
enhance a local community or region; (2) the granting entity for which the
commission’s matching grant is being used requires a public purpose for grant
eligibility; and (3) the commission in its judgment concludes the proposal will
enhance the quality of life or services of a community or region. A public
purpose includes, but is not limited to, proposals that:
(1) Enhance economic vitality, including
revitalization of structures that have public purpose or benefit;
(2) Promote or develop an artistic or
philanthropic purpose;
(3) Improve traditional infrastructure, such as
water and wastewater treatment facilities, transmission lines, transportation
facilities, and flood and wastewater management;
(4) Create or enhance telecommunications
infrastructure including cellular towers, fiber optic expansion and technology
infrastructure;
(5) Promote agricultural activities and
development;
(6) Enhance development of previously mined areas
or areas previously used by the coal industry and other industrial activities
into uses that diversify the local economy;
(7) Create or expand recreational facilities, such
as walking, hiking, all-terrain vehicle, bike trails, picnic facilities, restrooms,
boat docking and fishing piers, and athletic facilities;
(8) Are used for acquisition of private property
for local public purposes that promote economic vitality and housing
development and enhancement;
(9) Preserve or enhance buildings that are of
local historic or economic interest;
(10) Restore or create retail facilities,
including related service, parking, and transportation facilities, to
revitalize decaying downtown areas;
(11) Are the construction or expansion of other
facilities that promote or enhance economic development or tourism
opportunities thereby promoting the general welfare of local residents;
(12) Provide facilities and activities that
provide resources for local residences that enhance quality of life including,
but not limited to, childcare access and public transportation;
(13) Provide vocational and entrepreneurial
training for displaced miners and other persons that have lost jobs or have
been unable to find employment or business opportunities in the region;
(14) Make investments in coal field communities
housing stock removal and remediation to facilitate community preservation and
aesthetics; and
(15) Create drug and substance abuse
rehabilitation programs and facilities.
(i) Prior to making any matching grant award, the
commission may conduct a public hearing to assess local public support. If a
public hearing is to be held, notice of the time, place, date, and purpose of
the hearing shall be published in at least one newspaper in the county where
the proposed grant project is located at least 14 days prior to the hearing
date.
(j) When a member of the commission must recuse
himself or herself because of a perceived or actual conflict of interest
regarding a proposed grant assistance award, a majority of the remaining members
of the commission without a conflict shall be sufficient for the conduct of
commission business.
§5B-2K-4. Coalfield Community Grant
Facilitation Special Revenue Account.
A special revenue fund to be known as the
Coalfield Community Grant Facilitation Fund is hereby created which shall
consist of all moneys made available for the purposes of this article and
include any amounts to be deposited in the fund, including all appropriations
to the fund, all interest earned from investment of the fund, and any gifts,
grants, or contributions received by the fund. All amounts deposited in the
fund shall be awarded by the commission as provided pursuant to the provisions
of this article to local governmental units and private and public entities for
purposes provided for in this article.
§5B-2K-5. Facilitation of grant submissions by
higher education institutions.
To maximize the resources of the state and to
create a resource for entities and persons interested in applying for grants
that need assistance with grant proposal and applications, the commission shall
coordinate and administer a specialized subcommittee of the commission made up
of representatives of West Virginia University, Marshall University, the
Alliance for Economic Development of Southern West Virginia, and all
institutions of higher learning in the coal field counties and regions of this
state to provide assistance in the development of grants and grant applications
by persons or entities that need assistance in designing, preparing, or implementing
a grant proposal submission to a governmental or private entity providing
grants. This assistance shall include:
(1) Training of persons to have expertise in
developing, applying for, and administering grants;
(2) Providing technical assistance to the
commission on administration and facilitation of grant assistance applications;
and
(3) Any other actions or initiatives that assist
the commission and promote the goals of this article.
§5B-2K-6. Report to the Legislature.
The commission shall provide by December first of
each year to the Joint Committee on Government and Finance an annual electronic
report that provides the following:
(1) A summary of grant assistance applications
received and relevant statistics relating to actions taken by the commission
and grants awarded;
(2) An analysis of types of grants or public,
private and nonprofit grants available but not applied for that if received
could be utilized to benefit coal field communities;
(3) Recommendations regarding appropriations to
the Coalfield Community Grant Facilitation Fund for the upcoming fiscal year;
and
(4) Any recommended legislation or policy actions
needed to facilitate greater receipt of grant funding to coalfield communities.”
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4479 – “A Bill to amend
the Code of West Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2K-1, §5B-2K-2, §5B-2K-3, §5B-2K-4, §5B-2K-5, and §5B-2K-6, all
relating to establishing the Coalfield Communities Grant Facilitation
Commission; providing legislative findings; establishing the Commission and
providing for its membership and duties; providing for commission assistance
from the Department of Economic Development and certain institutions of higher
education; authorizing the Commission to provide the local match portion for
local public and private entities applying for grants from federal, state and
private sources; providing what constitutes a public purpose for eligibility
for grant match; establishing a special revenue account; directing the creation
of a special subcommittee of the Commission to assist the Commission and grant
applicants with training and other technical expertise as directed by the
Commission; and providing for annual electronic reports to the Legislature’s
Joint Committee on Government and Finance.”
The bill, as amended by the Senate, was then put upon
its passage.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 467), and there were—yeas 95, nays 1,
absent and not voting 4, with the nays and the absent and not voting being as
follows:
Nays: McGeehan.
Absent and Not Voting: Cooper, Hardy, Thompson and
Toney.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for H. B. 4479) passed.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate
had passed, with a title amendment, a bill of the House of Delegates, as
follows:
H. B. 4604, Relating to abolishing the
Workforce Development Initiative Program Advisory Council.
On motion of Delegate Kessinger, the House of
Delegates concurred in the following Senate title amendment:
H. B. 4604 – “A Bill to amend and reenact
§18B-3D-2 of the Code of West Virginia, 1931, as amended, relating to
abolishing the Workforce Development Initiative Program advisory committee.”
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 468), and there were—yeas 91, nays 4,
absent and not voting 5, with the nays and the absent and not voting being as
follows:
Nays: Fleischauer, Pushkin, Walker and Young.
Absent and Not Voting: Cooper, Foster, Hardy,
Thompson and Toney.
So, a majority of the members elected having voted in
the affirmative, the Speaker declared the bill (H. B. 4604) passed.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the
title amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 505, Updating laws on
licensure and regulation of money transmitters.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate
had concurred in the changed effective date, to take effect from passage, of
Com. Sub. for S. B. 553, Relating to powers of
WV Health Care Authority.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by
the Senate and requested the concurrence of the House of Delegates in the
adoption of the following concurrent resolution, which was read by its title
and referred to the Committee on Rules as follows:
S. C. R. 58 - “Requesting the Joint Committee
on Government and Finance study the common law cause of action for public
nuisance in West Virginia. “
Whereas, the Supreme Court of Appeals of West
Virginia held in Hark v. Mountain Fork Lumber Co., 127 W. Va. 586, 595 (1945):
“A public nuisance is an act or condition that unlawfully operates to hurt or
inconvenience an indefinite number of persons. The distinction between a public
nuisance and a private nuisance is that the former affects the general public,
and the latter injures one person or a limited number of persons only.
Ordinarily, a suit to abate a public nuisance cannot be maintained by an
individual in his private capacity, as it is the duty of the proper public
officials to vindicate the rights of the public. Curry v. Timber Co., 87
W. Va. 429, 105 S.E. 263; Davis v. Spragg, 72 W. Va. 672, 79 S.E. 652; Talbott
v. King, 32 W. Va. 6, 9 S.E. 48; Keystone Bridge Company v. Summers et
al., 13 W. Va. 476. But if the act or condition causes special injury to
one or a limited number of persons and substantial permanent damages result
which cannot be fully compensated in an action at law, a suit to abate a
nuisance so existing may be maintained by a private individual. Keystone
Bridge Company v. Summers et al., supra.”: therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby
requested to study the common law cause of action for public nuisance in West
Virginia; and, be it
Further Resolved, That the Joint Committee on
Government and Finance report to the regular session of the Legislature, 2023,
on its findings, conclusions, and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary
to conduct this study, to prepare a report, and to draft necessary legislation
be paid from legislative appropriations to the Joint Committee on Government
and Finance.”; which was referred to the Committee on Rules.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by
the Senate and requested the concurrence of the House of Delegates in the
adoption of the following concurrent resolution, which was read by its title
and referred to the Committee on Rules as follows:
S. C. R. 59 - “Respectfully urging the
executive branches of the United States government and the State of West
Virginia to provide adequate staffing levels for all governmental agencies and
departments involved in permitting road, bridge, water, wastewater, broadband,
and other infrastructure projects.”
Whereas, The federal government has been a vital
contributor to West Virginia’s infrastructure funding, and West Virginia is
expecting increased funding in the future, such as from the Infrastructure
Investment and Jobs Act of 2021; and
Whereas, In addition to funding, the availability of
materials and speedy processing of permits, including but not limited to
environmental permits, is essential to allow infrastructure projects to
commence in a timely manner. Delays in the issuance of permits create obstacles
that can pause, increase the cost, and prevent infrastructure improvements and
construction; and
Whereas, The executive summary of the American
Society of Civil Engineer’s 2020 Report Card for West Virginia’s Infrastructure
gave West Virginia a grade point average of “D”, with a “D” grade defined as
being poor and at risk. The summary noted, in part, that more than 95 percent
of the state’s 7,291 bridges are maintained by the West Virginia Division of
Highways and, of those bridges, 21 percent or 1,531 are structurally deficient,
a much higher percentage than the national average of seven percent; and
Whereas, Time is of the essence to ensure that West
Virginia’s infrastructure is available for save use, and a delay in the ability
to obtain necessary permits, such as from the U.S. Environmental Protection
Agency and U.S. Army Corps of Engineers, may be prevented by streamlining
permit processes and securing staffing levels capable of handling requests at
once; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby respectfully urges the
executive branches of the United States government and the State of West
Virginia to provide adequate staffing levels for all governmental agencies and
departments involved in permitting road, bridge, water, wastewater, broadband,
and other infrastructure projects; and, be it
Further Resolved, That the Clerk of the
Senate is hereby directed to forward a copy of this resolution to the President
of the United States, the Administrator of the U.S. Environmental Protection
Agency, the Chief of Engineers and Commanding General of the United States Army
Corps of Engineers, the Governor of the State of West Virginia, and the
Secretary of the West Virginia Department of Environmental Protection.”; which
was referred to the Committee on Rules.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by
the Senate and requested the concurrence of the House of Delegates in the
adoption of the following concurrent resolution, which was read by its title
and referred to the Committee on Rules as follows:
S. C. R. 60 - “Requesting the Joint Committee
on Government and Finance study outdoor advertising and
propose updates to the state’s outdoor advertising laws and regulations,
including allowing temporary signage that complies with federal law and
regulations.”
Whereas, There have been multiple attempts by the
West Virginia Legislature to update state law on outdoor advertising, W.Va.
Code §17-22-1 et seq., including Senate Bill 116 (2022), Senate Bills
329 and 615 and House Bill 3104 (2021), Senate Bill 497 (2020), House Bill 2701
(2019), Senate Bill 309 and House Bill 2365 (2018), and House Bill 2365 (2017),
and some of this legislation sought to allow for temporary signage, including
Senate Bill 116 (2022); and
Whereas, The West Virginia Division of Highways (DOH)
typically points out in fiscal notes concerning such bills that the bills
appear to violate federal law and regulations, as well as the Division of
Highways’ January 6, 1969, agreement with the Federal Highway Administration
(FHWA), and that this 1969 agreement contains no provisions to regulate
temporary outdoor advertising signing; and
Whereas, Most sections in W.Va. Code §17-22-1 et
seq. were enacted in 1939 or 1969 and have not been substantially updated
since that time, despite changing needs, at least one U.S. Supreme Court
opinion addressing temporary directional signs, and other developments; and
Whereas, Temporary outdoor advertising is an
important tool for tourism and economic ventures, and temporary signage could
be used to inform the public of fairs, festivals, special sales, and other
worthy events; and
Whereas, Oregon law, Oregon Revised Statutes
§377.735, makes special mention of temporary signs, indicating that signs that
are up for less than 60 days in a year and are no more than 12 square feet and
not posted for compensation may be exempt from needing a permit, further
indicating that a state may enact temporary sign legislation without violating
federal law and without jeopardizing federal funding; and
Whereas, The Division of Highways and the West
Virginia Legislature should examine how outdoor advertising laws may be
modernized to benefit the state; and
Whereas, The Division of Highways should consider
updating Title 157, Series 6, of the Code of State Rules, a rule that contains
provisions concerning outdoor advertising; and
Whereas, The Division of Highways and Department of Transportation
should examine if and how the State Road Commission of West Virginia’s January
6, 1969, agreement with the United States of America, by the Secretary of
Transportation, acting through the Federal Highway Administrator, may need to
be revised to benefit the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study
outdoor advertising and propose updates to the state’s outdoor advertising laws
and regulations, including allowing temporary signage that complies with
federal law and regulations; and, be it
Further Resolved, That the Joint
Committee on Government and Finance report to the regular session
of the Legislature, 2022, on its findings, conclusions, and recommendations,
together with drafts of any legislation necessary to effectuate its
recommendations; and be it
Further Resolved, That the expenses necessary
to conduct this study, to prepare a report, and to draft necessary legislation
be paid from legislative appropriations to the Joint Committee on Government
and Finance.”; which was referred to the Committee on Rules.”
Resolutions Introduced
Delegates Anderson, J. Kelly, Zatezalo, Cooper,
Boggs, Criss, Householder, Pethtel, Maynard, Bridges and Evans offered the
following resolution, which was read by its title and referred to the Committee
on Rules:
H. R. 20 - “Highlighting West Virginia’s
once-in-a-lifetime opportunity to strengthen national security and energy
independence and supply world energy markets.”
Whereas, The tragic events in Ukraine are bringing
renewed attention to national security issues and world energy policies; and
Whereas, Multiple NATO countries remain dependent on
Russian energy, i.e. coal, gas and oil; and
Whereas, Remarkedly, even the United States is
consuming shipments of Russian coal to generate electricity and oil to fuel its
energy needs; and
Whereas, dependence on Russian coal, gas and oil
throughout Europe is clearly limiting an effective response from NATO
countries; and
Whereas, World sanctions against Russia are having
limited effects because energy sales are exempt from sanctions; and
Whereas, Countries, including the United States, by
purchasing Russian energy, are sending payments to Russia, funding their
military actions; and
Whereas, Current national energy policies have and
continue to jeopardize domestic national security and our ability to assist our
allies overseas; and
Whereas, By shutting down coal-fired power plants,
curtailing coal output, prohibiting natural gas production and pipeline
development, and importing Russian energy, current policies have weakened our
energy security and our capacity to help our allies overseas; and
Whereas, The national security and energy
independence of the United States is of paramount importance and has taken a
second seat to climate policies and environmental interests; and
Whereas, West Virginia energy, such as coal and
natural gas, shall hereinafter be referred to as “Freedom Fuel,” and our coal
workers referred to as “Freedom Miners”; and
Whereas, Russia currently supplies about 30% of the
metallurgical coal used by European steelmakers and about 60% of the thermal
coal used to generate electricity; and
Whereas, West Virginia coal, already preferred by
European electricity generators and steel manufacturers for its quality and
stable supply history, can offset European needs for Russian coal; and
Whereas, If natural gas supplies are further
disrupted, coal-fired power plants can generate more electricity to offset the
lost generation from natural gas plants; and
Whereas, West Virginia coal can be converted to
liquid fuels to address oil and diesel fuel shortages; therefore, be it
Resolved by the House of Delegates of West
Virginia:
That the State Executive, State Legislature, and
industry leaders convene immediately to discuss the situation; and, be it
Further Resolved, That the State Executive and
State Legislature is urged to identify and remove barriers and obstacles to
establish a path forward for West Virginia coal and natural gas to be extracted
and transported to NATO countries; and, be it
Further Resolved, That the Legislature is
urged to create a special committee under the leadership of the House of
Delegates’ and Senate’s Energy Committee Chairmen and select committee members
to develop policies, legislation, and regulatory reforms necessary to
effectuate the intent and scope of the charge outlined herein; and, be it
Further Resolved, That the Legislature is
urged to unleash the power of West Virginia’s Freedom Fuels for a stronger
nation and safer, more secure global community.
Special Calendar
Third Reading
S. B. 1, Creating Mining Mutual Insurance
Company; on third reading, coming up in regular order, with amendments pending
and the right to amend, was reported by the Clerk.
At the request of Delegate Summers, and by unanimous
consent, the bill was postponed one day.
Com. Sub. for S. B. 5, Creating WV Unmanned
Aircraft Systems Advisory Council; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 469), and there were—yeas 91, nays 2,
absent and not voting 7, with the nays and the absent and not voting being as
follows:
Nays: J. Kelly and Kimes.
Absent and Not Voting: Clark, Cooper, Dean, Hardy,
Storch, Thompson and Toney.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 5) passed.
On motion of Delegate Steele, the title of the bill
was amended to read as follows:
Com. Sub. for S. B. 5 – “A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2K-1, §5B-2K-2, §5B-2K-3, §5B-2K-4 and §5B-2K-5, and to amend
said code by adding thereto a new section designated §61-16-3; all relating to
advanced air mobility aircraft, advanced air mobility, and public-use
vertiports; stating the public policy; requires public-use vertiports be
authorized by and be in compliance with federal authorities; prohibiting a
political subdivision in the state from authorizing exclusive use of public-use
vertiports; stating the provisions of the article supplement any federal law or
standard; authorizing the use of federal grants to construct, maintain,
operate, or otherwise utilize vertiports; prohibiting any county, city,
village, or township from adopting any ordinance, policy, or rule that
prohibits or otherwise attempts to regulate use or ownership of advanced air
mobility aircraft or advanced air mobility system; and providing definitions
for advanced air mobility aircraft and advanced air mobility system.”
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 470), and there were—yeas 93, nays none, absent and not voting 7, with
the absent and not voting being as follows:
Absent and Not Voting: Clark, Cooper, Dean, Hardy,
Longanacre, Thompson and Toney.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 5) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 6, Establishing common law
“veil piercing” claims not be used to impose personal liability; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 471), and there were—yeas 75, nays
22, absent and not voting 3, with the nays and the absent and not voting being
as follows:
Nays: Barach, Boggs, Brown, Diserio, Doyle, Evans,
Fast, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy,
Pethtel, Pushkin, Rowe, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Hardy, Longanacre and Toney.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 6) passed.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 25, Updating provisions of
Medical Professional Liability Act; on third reading, coming up in regular
order, with the right to amend, was reported by the Clerk.
No amendments were offered to the bill.
The bill was then read a third time.
Delegate L. Pack requested to be excused from voting under the
provisions of House Rule 49.
The Speaker ruled that the Delegate was a member of a class of
persons possibly to be affected and directed the Member to vote.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 472), and there were, including
pairs—yeas 58, nays 40, absent and not voting 2, with the paired, the nays and
the absent and not voting being as follows:
Pursuant to House Rule 43, the following pairings
were filed and announced by the Clerk:
Paired:
Yea: Keaton Nay: Hornbuckle
Nays: Barach, Boggs, Booth, Bridges, Brown, Dean,
Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen,
Honaker, D. Kelly, Longanacre, Lovejoy, Mallow, Mandt, Martin, Miller, Nestor,
Paynter, Pethtel, Pushkin, Reynolds, Rowan, Rowe, Sypolt, Thompson, Tully,
Walker, Wamsley, G. Ward, Williams, Worrell, Young and Zukoff.
Absent and Not Voting: Skaff and Storch.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 25) passed.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 172, Increasing compensation of elected
county officials; on third reading, coming up in regular order, was reported by
the Clerk.
Delegate Householder asked and obtained unanimous
consent to amend the bill on third reading, and
the rule was suspended to permit the offering and consideration of such.
On motion of Delegate Householder, the bill was
amended on page one, following the article heading,
inserting the following:
Ҥ7-7-1.
Legislative findings and purpose.
(a) The Legislature finds that it has, since January
1, 2007 2015, consistently and annually imposed upon the county
commissioners, sheriffs, county and circuit clerks, assessors and prosecuting
attorneys in each county new and additional duties by the enactment of new
provisions and amendments to this code. The new and additional duties imposed
upon the aforesaid county officials by these enactments are such that they
would justify the increases in compensation as provided in section four of this
article, without violating the provisions of section thirty-eight, article VI
of the Constitution of West Virginia.
(b) The Legislature further finds that there are,
from time to time, additional duties imposed upon all county officials through
the acts of the Congress of the United States and that such acts constitute new
and additional duties for county officials and, as such, justify the increases
in compensation as provided by section four of this article, without violating
the provisions of section thirty-eight, article VI of the Constitution of West
Virginia.
(c) The Legislature further finds that there is a
direct correlation between the total assessed property valuations of a county
on which the salary levels of the county commissioners, sheriffs, county and
circuit clerks, assessors and prosecuting attorneys are based, and the new and
additional duties that each of these officials is required to perform as they
serve the best interests of their respective counties. Inasmuch as the
reappraisal of the property valuations in each county has now been
accomplished, the Legislature finds that a change in classification of counties
by virtue of increased property valuations will occur on an infrequent basis.
However, it is the further finding of the Legislature that when such change in
classification of counties does occur, that new and additional programs,
economic developments, requirements of public safety and the need for new
services provided by county officials all increase, that the same constitute
new and additional duties for county officials as their respective counties
reach greater heights of economic development, as exemplified by the
substantial increases in property valuations and, as such, justify the
increases in compensation provided in section four of this article, without
violating the provisions of section thirty-eight, article VI of the
Constitution of West Virginia.
(d) The Legislature further finds and declares that
the amendments enacted to this article are intended to modify the provisions of
this article so as to cause the same to be in full compliance with the
provisions of the Constitution of West Virginia and to be in full compliance
with the decisions of the Supreme Court of Appeals of West Virginia.”
And,
On page two, section four, line thirty-two, following
the words “is effective”, by striking out “July 1, 2014” and inserting in lieu
thereof a parentheses, a blank line, and a parentheses.
The bill was then read a third time.
Delegates Paynter and Mandt requested to be excused
from voting under the provisions of House Rule 49.
The Speaker ruled that the Delegates were members of
a class of persons possibly to be affected and directed the Members to vote.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 473), and there were, including
pairs—yeas 89, nays 8, absent and not voting 3, with the paired, the nays and
the absent and not voting being as follows:
Pursuant to House Rule 43, the following pairings
were filed and announced by the Clerk:
Paired:
Yea: Hornbuckle Nay: McGeehan
Nays: Doyle, Hamrick, Kimble, Kimes, Mandt, Paynter
and Pritt.
Absent and Not Voting: J. Kelly, Storch and Westfall.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (S. B. 172) passed.
On motion of Delegate Householder, the title of the
bill was amended to read as follows:
S. B. 172 – “A Bill to
amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as
amended, all relating to increasing the compensation of elected county
officials.”
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 231, Relating generally to
broadband connectivity; on third reading, coming up in regular order, with the
right to amend, was reported by the Clerk.
At the request of Delegate Summers, and by unanimous
consent, the bill was postponed one day.
Com. Sub. for S. B. 245, Revising wage payment
and collection; on third reading, coming up in regular order, with the right to
amend, was reported by the Clerk.
An amendment, recommended by the Committee on the
Judiciary was reported by the Clerk and adopted, on page 2, section 3, line 39,
by inserting a new subsection (c) to read as follows:
“(c) An employer who chooses to compensate its
employees using payroll cards pursuant to the provisions of subsection (b)(3)
of this section must also give employees the option of being paid by electronic
transfer under the provisions of subsection (b)(4) of this section.”
And,
Renumbering the remaining subsections accordingly.
An amendment offered by Delegate Young was reported by the Clerk.
Whereupon,
Delegate Young asked and obtained unanimous consent that the
amendment be withdrawn.
Delegate Young moved to amend the bill on page 2, Section 3, line
25, by striking out the words “at least one withdrawal or transfer” and insert
in lieu thereof, the word “unlimited withdrawals or transfers”.
The question being on the adoption of the amendment, the same was
put and did not prevail.
Delegate Young moved to amend the bill on page 2, section 3, line
29, following the period, by inserting the following:
“Payroll card vendors may not provide employers with any
financial or other incentives for offering payroll cards as a wage payment
option.”
The question being on the adoption of the amendment, the same was
put and did not prevail.
The bill was then read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 474), and there were—yeas 76, nays
24, absent and not voting none, with the nays being as follows:
Nays: Barach, Brown, Diserio, Doyle, Evans,
Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Nestor,
Paynter, Pethtel, Pushkin, Rohrbach, Rowe, Skaff, Thompson, Walker, Williams,
Young and Zukoff.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 245)
passed.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
S. B. 253, Relating to voting precincts and
redistricting; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 475), and there were—yeas 92, nays 6,
absent and not voting 2, with the nays and the absent and not voting being as
follows:
Nays: Doyle, Fleischauer, Hansen, Pushkin, Rowe and
Walker.
Absent and Not Voting: Brown and Ferrell.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (S. B. 253) passed.
On motion of Delegate Steele, the title of the bill
was amended to read as follows:
S. B. 253 – “A Bill to amend and reenact
§3-1-5 of the Code of West Virginia, 1931, as amended, relating generally to
voting precincts and redistricting; requiring county commissions to submit
precinct boundary modifications to the Secretary of State, President of the
Senate, and Speaker of the House of Delegates; designating the President of the
Senate and the Speaker of the House of Delegates, or designee, as state liaison
to the U.S. Census Bureau during certain phases of the Redistricting Data
Program; authorizing the Legislature to request the Secretary of State to
provide technical responsibilities to staff; requiring county commissions to
submit certain information relating to precinct updates to the Secretary of
State and the Legislative liaisons on ongoing basis; requiring the Legislative
liaisons and Secretary of State to coordinate with counties; requiring the
Legislative liaisons and Secretary of State to compile and submit certain
information to the U.S. Census Bureau in compliance with certain deadlines and
requiring the Secretary of State provide copies to Legislative leadership;
requiring the Legislature to provide certain maps and files to the Secretary of
State at conclusion of federal congressional or state legislative
redistricting; requiring Legislature to provide updated maps and files to the
U.S. Census Bureau; requiring Secretary of State to make certain maps and files
publicly available in physical office and on website; requiring Secretary of
State to maintain certain maps and files in records; requiring county
commissions to include magisterial districts in publicly available maps;
requiring county commissions to submit certain maps and files to the
Legislature and the Secretary of State; and requiring the Secretary of State
notify the Legislature and provide copies of any maps it receives from a county
commission.”
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 261, Requiring video
cameras in certain special education classrooms; on third reading, coming up in
regular order, was read a third time.
Delegates Criss and Evans requested to be excused
from voting under the provisions of House Rule 49.
The Speaker ruled that the Delegates were members of
a class possibly to be affected, and not directly, and refused to excuse the
Members from voting.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 476), and there were—yeas 100, nays
none, absent and not voting none.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 261)
passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 477), and there were—yeas 99, nays none, absent and not voting 1, with
the absent and not voting being as follows:
Absent and Not Voting: Graves.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 261) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request concurrence
therein.
Com. Sub. for S. B. 443, Including police and
firefighter as electors of trustees for certain pension funds; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 478), and there were—yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Graves and McGeehan.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 443)
passed.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 476, Relating to
imposition of minimum severance tax on coal; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 479), and there were—yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Honaker and Longanacre.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 476)
passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 480), and there were—yeas 98, nays none, absent and not voting 2, with
the absent and not voting being as follows:
Absent and Not Voting: Honaker and Longanacre.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 476) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 478, Relating to Neighborhood Investment
Program; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 481), and there were—yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Honaker and Longanacre.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (S. B. 478) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 482), and there were—yeas 97, nays none, absent and not voting 3, with
the absent and not voting being as follows:
Absent and Not Voting: Honaker, Longanacre and
Thompson.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
478) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 487, Relating to Revenue
Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 483), and there were—yeas 97, nays 1,
absent and not voting 2, with the nays and the absent and not voting being as
follows:
Nays: Kimes.
Absent and Not Voting: Honaker and Longanacre.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 487)
passed.
An amendment to the title of the bill, recommended by
the Committee on Finance, was reported by the Clerk and adopted, amending the
title of the bill to read as follows:
Com. Sub. for S. B. 487 - “A Bill to amend and
reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to
decreasing the threshold below which the secretary of the department of revenue
is to annually deposit up to the first fifty percent of all surplus revenues,
if any, determined to have accrued during the fiscal year just ended; and
requiring the secretary to provide certain annual reports to the Governor and
the Joint Committee on Government and Finance.”
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 484), and there were—yeas 98, nays none, absent and not voting 2, with
the absent and not voting being as follows:
Absent and Not Voting: Honaker and Longanacre.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 487) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
S. B. 492, Relating to electronic collection
of tolls; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 485), and there were—yeas 97, nays 1,
absent and not voting 2, with the nays and the absent and not voting being as
follows:
Nays: Martin.
Absent and Not Voting: Honaker and Longanacre.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (S. B. 492) passed.
On motion of Delegate Steele, the title of the bill
was amended to read as follows:
S. B. 492 - “A Bill to amend and reenact
§17-16A-11 of the Code of West Virginia, 1931, as amended, relating to the
electronic collection of tolls; and providing that nonrenewal of vehicle
registration provisions may become effective whenever a reciprocal enforcement
agreement is entered into by the West Virginia Parkways Authority, the
Commissioner of Motor Vehicles, and any state sharing a common border with this
state.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 486), and there were—yeas 97, nays 1, absent and not voting 2, with the
nays and the absent and not voting being as follows:
Nays: Martin.
Absent and Not Voting: Honaker and Longanacre.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
492) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
S. B. 493, Requiring county BOE make meetings
available to public in-person and through internet; on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 487), and there were—yeas 88, nays 7,
absent and not voting 5, with the nays and the absent and not voting being as
follows:
Nays: Bates, Diserio, Fluharty, Hansen, Pethtel,
Pushkin and Zukoff.
Absent and Not Voting: Doyle, Honaker, Longanacre,
Skaff and Toney.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (S. B. 493) passed.
On motion of Delegate Ellington, the title of the
bill was amended to read as follows:
S. B. 493 – “A Bill to amend and reenact
§18-5-4 of the Code of West Virginia, 1931, as amended, relating to requiring
each county board of education to ensure that all of its meetings are open to
the public through in-person attendance and that the audio and video of its
meetings are broadcast live to the public through an internet link on its
website; providing exception for executive session; allowing each county board
to make and enforce reasonable rules for attendance and presentation at any
meeting where there is not room enough for all members of the public who wish
to attend; requiring the county board to ensure that any person expressing an
interest in speaking has the opportunity in compliance with adopted procedures;
requiring that speakers are treated equally; requiring that a draft of the
minutes of each public board meeting must include a record of the votes cast by
each board member on all substantive matters and be posted to the website
within two business days; establishing the duration in which the approved
minutes shall remain on the website; and removing the option for a county board
to join the National School Board Association.
Delegate Summers moved that the bill take effect July
1, 2022.
On this question, the yeas and nays were taken (Roll
No. 488), and there were—yeas 92, nays 5, absent and not voting 3, with the
nays and the absent and not voting being as follows:
Nays: Bates, Fluharty, Pethtel, Pushkin and Zukoff.
Absent and Not Voting: Honaker, Longanacre and Toney.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
493) takes effect July 1, 2022.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 518, Allowing nurses licensed
in another state to practice in WV; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 489), and there were—yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Forsht and Toney.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 518)
passed.
On motion of Delegate Rohrbach, the title of the bill
was amended to read as follows:
Com. Sub. for S. B. 518 – “A Bill to repeal
§30-7-1a, §30-7-15e, and §30-7-20 of the Code of West Virginia, 1931, as
amended, and to amend and reenact §30-7-3, §30-7-4, §30-7-6, §30-7-7, §30-7-8,
§30-7-8a, §30-7-20, all relating to the practice of registered nursing;
updating the board membership; updating the board’s powers; updating licensure
requirements; updating the requirements for temporary permits; providing
license requirements for license renewal; reconstituting the nursing shortage
study commission; and removing outdated provisions.”
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 490), and there were—yeas 96, nays none, absent and not voting 4, with
the absent and not voting being as follows:
Absent and Not Voting: Burkhammer, Forsht, J. Kelly
and Toney.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 518) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 528, Supplementing and amending
appropriations to DHHR, Consolidated Medical Services Fund; on third reading,
coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 491), and there were—yeas 93, nays none, absent and not
voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Burkhammer, J. Kelly,
Mazzocchi, Miller, Pack, Toney and Wamsley.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 528) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 492), and there were—yeas 94, nays none, absent and not voting 6, with
the absent and not voting being as follows:
Absent and Not Voting: J. Kelly, Mazzocchi, Miller,
Pack, Toney and Wamsley.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 528) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
S. B. 529, Encouraging additional computer
science education in WV schools; on third reading, coming up in regular order,
was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 493), and there were—yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: J. Kelly, Mazzocchi, Toney and
Wamsley.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (S. B. 529) passed.
A title amendment recommended by the Committee on Finance was
reported by the Clerk.
Whereupon,
Delegate Householder asked and obtained unanimous consent that
the amendment be withdrawn.
On motion of Delegate Ellington, the title of the
bill was amended to read as follows:
S. B. 529 – “A Bill to amend and reenact
§18-2-12 of the Code of West Virginia, 1931, as amended, relating to computer
science education in West Virginia schools; recognizing a need to provide
coursework on computational thinking, block-based programming, text-based
programming, network communication, computer architecture, coding, application
development, digital literacy, and cyber security; requiring the board to
update and build upon prior computer science education plans and policy to
include additional subject matter; and removing obsolete language.”
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 543, Creating Unemployment
Compensation Insurance Fraud Unit within Workforce WV; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 494), and there were—yeas 92, nays 2,
absent and not voting 6, with the nays and the absent and not voting being as
follows:
Nays: Burkhammer and Criss.
Absent and Not Voting: J. Kelly, Kessinger,
Mazzocchi, Toney, Wamsley and Williams.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 543)
passed.
The House returned to further consideration of Com.
Sub. for S. B. 543 and, on motion of Delegate Capito, the title of the bill was
amended to read as follows:
Com. Sub. for S. B. 543 - “A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §21A-10-23, relating to authorizing the Commissioner of Workforce
West Virginia to create an Unemployment Compensation Insurance Fraud Unit;
establishing training and experience requirements; specifying duties; granting
certain authorities necessary to conduct investigations into alleged
unemployment insurance fraud; authorizing certain personnel to operate a state
vehicle and carry a firearm; establishing training requirements for carrying a
firearm; exempting the Unemployment Compensation Fraud Unit from the
requirements of the Freedom of Information Act and the Open Government
Proceedings Act; and creating certain immunities for acts of an investigator
employed by the unit.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
S. B. 546, Expanding uses of fees paid by
students at higher education institutions; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 495), and there were—yeas 87, nays 9,
absent and not voting 4, with the nays and the absent and not voting being as
follows:
Nays: Barach, Fluharty, Foster, Griffith, J.
Jeffries, McGeehan, Paynter, Pushkin and Zukoff.
Absent and Not Voting: Barnhart, Bates, Kessinger and
Steele.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (S. B. 546) passed.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 570, Establishing training for
law-enforcement in handling individuals with Alzheimer’s and dementias; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 496), and there were—yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Barnhart, Kessinger, Linville
and Statler.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (S. B. 570) passed.
Delegate Fleischauer asked unanimous consent to
return to S. B. 546 for questions, which consent was not granted, objections
being heard.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates on S. B. 570 and
request concurrence therein.
Com. Sub. for S. B. 571, Declaring certain
claims to be moral obligations of state; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 497), and there were—yeas 94, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Hamrick, Kessinger, Linville,
Maynard, Reed and Young.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 571)
passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 498), and there were—yeas 96, nays none, absent and not voting 4, with
the absent and not voting being as follows:
Absent and Not Voting: Kessinger, Linville, Reed and
Young.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 571) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 584, Relating to WV
Infrastructure and Jobs Development Council; on third reading, coming up in
regular order, was read a third time.
Delegate Riley requested to be excused from voting under the
provisions of House Rule 49.
The Speaker ruled that the Delegate was a member of a class of
persons possibly to be affected and directed the Member to vote.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 499), and there were—yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Booth, Hardy, Kessinger, Reed
and Young.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 584)
passed.
An amendment to the title of the bill, recommended by
the Committee on Finance, was reported by the Clerk and adopted, amending the
title of the bill to read as follows:
Com. Sub. for S. B. 584 - “A Bill to amend and
reenact §31-15A-10 and §31-15A-17c of the Code of West Virginia, 1931, as
amended, all relating generally to the West Virginia Infrastructure and Jobs
Development Council; modifying when available funds may be converted to grants;
removing congressional district limitations; increasing the cap on annual
spending for assistance with the pre-application process to project sponsors;
increasing the amount that may be transferred annually to the critical needs and
failing systems sub account; and increasing the cap relating to providing
extensions to a water or wastewater facility from $1 million to $2 million
provided overages not to exceed 10 percent of the total project cost are paid
by certain persons.”
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 500), and there were—yeas 94, nays none, absent and not voting 6, with
the absent and not voting being as follows:
Absent and Not Voting: Booth, Graves, Hardy,
Kessinger, Reed and Young.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 584) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 585, Creating
administrative medicine license for physicians not practicing clinical
medicine; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 501), and there were—yeas 92, nays 2,
absent and not voting 6, with the nays and the absent and not voting being as
follows:
Nays: Steele and Young.
Absent and Not Voting: Booth, Bridges, Graves, Hardy,
Kessinger and Reed.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 585)
passed.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 624, Making supplementary appropriation
to DHHR, Division of Health, Laboratory Services; on third reading, coming up
in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 502), and there were—yeas 95, nays none, absent and not
voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Booth, Bridges, Graves,
Kessinger and Reed.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
624) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 503), and there were—yeas 95, nays none, absent and not voting 5, with
the absent and not voting being as follows:
Absent and Not Voting: Booth, Bridges, Graves,
Kessinger and Reed.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
624) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 625, Making supplementary
appropriation to DHHR, Division of Health, Vital Statistics Account; on third
reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 504), and there were—yeas 95, nays none, absent and not
voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Booth, Bridges, Kessinger,
Longanacre and Reed.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 625) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 505), and there were—yeas 95, nays none, absent and not voting 5, with
the absent and not voting being as follows:
Absent and Not Voting: Booth, Bridges, Kessinger,
Longanacre and Reed.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 625) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
At 12:45 p.m., on motion of Delegate Summers, the House of
Delegates recessed until 1:45 p.m.
* * * * * * *
Afternoon Session
* * * * * * *
The House of Delegates was called to order by the Honorable Roger
Hanshaw, Speaker.
Special Calendar
Third Reading
- continued –
S. B. 633, Supplementing and amending
appropriations to DHHR, Consolidated Medical Services Fund; on third reading,
coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 506), and there were—yeas 75, nays none, absent and not
voting 25, with the absent and not voting being as follows:
Absent and Not Voting*: Bridges, Clark, Dean,
Fluharty, Foster, Garcia, Graves, Haynes, Kimble, Linville, Martin, Mazzocchi,
McGeehan, Nestor, Pack, Paynter, Phillips, Rowe, Skaff, Toney, Walker, Wamsley,
Westfall, Williams and Worrell.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Yea”.)
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
633) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 507), and there were—yeas 83, nays none, absent and not voting 17, with
the absent and not voting being as follows:
Absent and Not Voting*: Fluharty, Foster, Graves,
Kimble, Linville, Martin, Mazzocchi, McGeehan, Nestor, Pack, Phillips, Rowe,
Skaff, Smith, Toney, Walker and Worrell.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Yea”.)
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
633) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 634, Making supplementary appropriation
to DHHR, Division of Health – Hospital Services Revenue Account Special Fund
Capital Improvement, Renovation and Operations; on third reading, coming up in
regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 508), and there were—yeas 85, nays none, absent and not
voting 15, with the absent and not voting being as follows:
Absent and Not Voting*: Fluharty, Foster, Graves,
Kimble, Martin, Mazzocchi, McGeehan, Nestor, Pack, Phillips, Reynolds, Skaff,
Smith, Walker and Worrell.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Yea”.)
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
634) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 509), and there were—yeas 88, nays none, absent and not voting 12, with
the absent and not voting being as follows:
Absent and Not Voting*: Fluharty, Foster, Graves,
Kimble, Mazzocchi, Nestor, Pack, Phillips, Skaff, Smith, Walker and Worrell.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Yea”.)
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
634) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 641, Requiring
Consolidated Public Retirement Board to set contributions to Deputy Sheriff’s
Retirement System; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 510), and there were—yeas 92, nays
none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting*: Foster, Graves, Mazzocchi,
Nestor, Phillips, Skaff, Smith and Walker.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Yea”.)
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 641)
passed.
An amendment to the title of the bill, recommended by
the Committee on Finance, was reported by the Clerk and adopted, amending the
title of the bill to read as follows:
Com. Sub. for S. B. 641 - “A Bill to amend and
reenact §7-14D-7 of the Code of West Virginia, 1931, as amended, relating to
the deputy sheriff retirement system; allowing the Consolidated Public
Retirement Board to set employer contribution levels; requiring the level to be
set actuarially; and providing an effective date.”
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com. Sub. for S. B. 643, Removing residency
requirement of members appointed to county airport authority; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 511), and there were—yeas 87, nays 6,
absent and not voting 7, with the nays and the absent and not voting being as
follows:
Nays: Barrett, Kimble, Mallow, Queen, Riley and
Young.
Absent and Not Voting*: Foster, Graves, Mazzocchi,
Nestor, Phillips, Skaff and Smith.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Nay”.)
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 643)
passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 512), and there were—yeas 88, nays 5, absent and not voting 7, with the
nays and the absent and not voting being as follows:
Nays: Barrett, Kimble, Mallow, Queen and Riley.
Absent and Not Voting*: Foster, Graves, Mazzocchi,
Nestor, Phillips, Skaff and Smith.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Yea”.)
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 643) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 698, Relating to number
and selection of members for Governor’s Veterans Council; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 513), and there were—yeas 94, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting*: Foster, Graves, Mazzocchi,
Phillips, Skaff and Smith.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Yea”.)
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 698)
passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 514), and there were—yeas 94, nays none, absent and not voting 6, with
the absent and not voting being as follows:
Absent and Not Voting*: Foster, Graves, Mazzocchi,
Phillips, Skaff and Smith.
(*Pursuant to the motion regarding missed votes due to Conference
Committees, Delegate Young is recorded as a “Yea”.)
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 698) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 704, Allowing parents,
grandparents, and guardians to inspect instructional materials in classroom; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the
yeas and nays were taken (Roll No. 515), and there were—yeas 74, nays
26, absent and not voting none, with the nays being as follows:
Nays: Barach, Boggs, Booth, Brown, Dean, Diserio,
Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle,
Lovejoy, Paynter, Pethtel, Pushkin, Rowan, Rowe, Skaff, Thompson, Walker,
Williams, Young and Zukoff.
So, a majority of the members present having voted in
the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 704)
passed.
On motion of Delegate Ellington, the title of the
bill was amended to read as follows:
Com. Sub. for S. B. 704 – “A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-27, relating to requiring each classroom teacher to comply
with any request by a parent, custodian, or guardian to inspect any
instructional materials and books in the classroom that are available for
students to read; requiring, as part of the inspection and upon request of the
parent, custodian, or guardian, that the classroom teacher demonstrate how the
instructional material relates to the content standards adopted by the State
Board of Education; requiring the classroom teacher to include any book or
books students will be required to read on a class syllabus; requiring the
syllabus to be made available to the parent, custodian, or guardian upon
request; allowing any parent, custodian, or guardian to file a complaint with
the county superintendent if the classroom teacher fails to comply with this
new section, and then with the state superintendent if the complaint is not
resolved by the county superintendent within seven days; requiring reports on
the number of complaints filed; and defining terms.”
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
S. B. 715, Decreasing and increasing existing
items of appropriations from State Fund, General Revenue; on third reading,
coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 516), and there were—yeas 99, nays none, absent and not
voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Young.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
715) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 517), and there were—yeas 100, nays none, absent and not voting none.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
715) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 716, Supplemental appropriation to DOE,
WV BOE, Strategic Staff Development; on third reading, coming up in regular
order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 518), and there were—yeas 99, nays none, absent and not
voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Burkhammer.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
716) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 519), and there were—yeas 99, nays none, absent and not voting 1, with
the absent and not voting being as follows:
Absent and Not Voting: Burkhammer.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
716) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 717, Supplemental appropriation to
Miscellaneous Boards and Commissions, Board of Medicine, Medical Licensing
Board; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 520), and there were—yeas 95, nays 4, absent and not
voting 1, with the nays and the absent and not voting being as follows:
Nays: Foster, Kimes, Paynter and Steele.
Absent and Not Voting: Burkhammer.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
717) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 521), and there were—yeas 97, nays 2, absent and not voting 1, with the
nays and the absent and not voting being as follows:
Nays: Foster and Steele.
Absent and Not Voting: Brown.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
717) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 718, Supplemental appropriation to
Department of Administration, Travel Management, Aviation Fund; on third
reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 522), and there were—yeas 91, nays 8, absent and not
voting 1, with the nays and the absent and not voting being as follows:
Nays: Booth, Fluharty, Foster, Kimes, Longanacre,
Pritt, Steele and Young.
Absent and Not Voting: Brown.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
718) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 523), and there were—yeas 95, nays 4, absent and not voting 1, with the
nays and the absent and not voting being as follows:
Nays: Fluharty, Longanacre, Steele and Young.
Absent and Not Voting: Brown.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
718) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 719, Supplemental appropriation to DHS,
Fire Commission, Fire Marshal Fees; on third reading, coming up in regular
order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 524), and there were—yeas 96, nays 3, absent and not voting
1, with the nays and the absent and not voting being as follows:
Nays: Foster, Longanacre and Steele.
Absent and Not Voting: Brown.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
719) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 525), and there were—yeas 98, nays 1, absent and not voting 1, with the
nays and the absent and not voting being as follows:
Nays: Steele.
Absent and Not Voting: Brown.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
719) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 720, Supplementing and amending
appropriations to Executive, Governor’s Office, Civil Contingent Fund; on third
reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 526), and there were—yeas 92, nays 7, absent and not
voting 1, with the nays and the absent and not voting being as follows:
Nays: Conley, Foster, Horst, Kimble, Kimes, McGeehan
and Paynter.
Absent and Not Voting: Pritt.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
720) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 527), and there were—yeas 94, nays 5, absent and not voting 1, with the
nays and the absent and not voting being as follows:
Nays: Conley, Foster, Horst, Kimble and McGeehan.
Absent and Not Voting: Pritt.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
720) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 722, Expiring funds to DEP, Division of
Environmental Protection, Reclamation of Abandoned and Dilapidated Property
Program Fund; on third reading, coming up in regular order, was read a third
time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 528), and there were—yeas 96, nays 2, absent and not
voting 2, with the nays and the absent and not voting being as follows:
Nays: J. Jeffries and Kimes.
Absent and Not Voting: Pritt and Walker.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
722) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 529), and there were—yeas 98, nays none, absent and not voting 2, with
the absent and not voting being as follows:
Absent and Not Voting: Pritt and Walker.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
722) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 723, Making supplementary appropriation
to Department of Agriculture, WV Spay Neuter Assistance Fund; on third reading,
coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 530), and there were—yeas 98, nays 1, absent and not
voting 1, with the nays and the absent and not voting being as follows:
Nays: Kimes.
Absent and Not Voting: Pritt.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
723) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 531), and there were—yeas 98, nays 2, absent and not voting none, with
the nays being as follows:
Nays: Gearheart and Pritt.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
723) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
S. B. 724, Making supplementary appropriation
to DHS, Division of Corrections and Rehabilitation, Regional Jail and
Correctional Facility Authority; on third reading, coming up in regular order,
was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 532), and there were—yeas 99, nays none, absent and not
voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Linville.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
724) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 533), and there were—yeas 99, nays none, absent and not voting 1, with
the absent and not voting being as follows:
Absent and Not Voting: Linville.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
724) takes effect from its passage.
Ordered, That the Clerk of the House communicate
to the Senate the action of the House of Delegates.
S. B. 725, Supplementing and amending
appropriations to DHS, WV State Police; on third reading, coming up in regular
order, was read a third time.
On the passage of the bill, the yeas and nays were
taken (Roll No. 534), and there were—yeas 98, nays none, absent and not
voting 2, with the absent and not voting being as follows:
Absent and Not Voting: D. Kelly and Linville.
So, a majority of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
725) passed.
Delegate Summers moved that the bill take effect from
its passage.
On this question, the yeas and nays were taken (Roll
No. 535), and there were—yeas 98, nays none, absent and not voting 2, with
the absent and not voting being as follows:
Absent and Not Voting: D. Kelly and Linville.
So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (S. B.
725) takes effect from its passage.
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
Second Reading
Com. Sub. for S. B. 2, Relating to
unemployment benefits program; on second reading, coming up in regular order,
was read a second time.
An amendment, recommended by the Committee on
Finance, was reported by the Clerk and adopted, amending the bill on page
1, following the enacting clause, by striking the remainder of the bill in its
entirety and inserting in lieu thereof the following:
“ARTICLE
2D. UNEMPLOYMENT INSURANCE PROGRAM INTEGRITY ACT.
§21A-2D-2.
Unemployment insurance program integrity.
The commissioner shall, on a weekly basis, unless
otherwise specified: be required to
(a) (1) Check the unemployment
insurance rolls against the Division of Corrections and Rehabilitation’s list
of imprisoned individuals to verify eligibility for unemployment benefits and
ensure program integrity;
(b) (2) Check new hire records against
the National Directory of New Hires to verify eligibility for unemployment
benefits; and
(c) (3) Check the unemployment
insurance rolls against a commercially available database that provides
cross-matching functions to verify eligibility for unemployment benefits;
(4) On a monthly basis, cross-check the
unemployment insurance rolls against state death records; and
(5) Verify the identity of unemployment claimants
by methods including, but not limited to, verifying the identity of an
applicant prior to awarding benefits and requiring multi-factor authentication
as part of online applications.
§21A-2D-2a.
Automatic claim review.
The commissioner shall perform a full eligibility
review of suspicious or potentially improper claims in cases including, but not
limited to:
(1) Multiple or duplicative claims filed online
originating from the same IP address;
(2) Claims filed online from foreign IP addresses;
(3) Multiple or duplicative claims filed that are
associated with the same mailing address; and
(4) Multiple or duplicative claims filed that are
associated with the same bank account.
§21A-2D-3.
Data sharing.
The commissioner shall have the authority to may
execute a memorandum of understanding exchange information with
any department, agency, or division for information required to be shared
between agencies outlined in this article as necessary to carry out the
requirements of this article.
ARTICLE 3. Unemployment BENEFITS Indexing.
§21A-3-1.
Duration of benefits; calculation.
(a) For the purposes of this article, “state
average unemployment rate” means the average of the seasonally adjusted
unemployment rates for the months comprising the previous quarter of the most
recent calendar year as published by Workforce West Virginia.
(b) For all valid unemployment compensation claims
submitted during a calendar year, the maximum duration of benefits will be as
follows:
(1) If the state average unemployment rate is
below 5.5 percent, the maximum duration of benefits will be limited to 14
weeks;
(2) If the state average unemployment rate is at
or above 5.5 percent, but below 6.0 percent, the maximum duration of benefits
will be limited to 15 weeks;
(3) If the state average unemployment rate is at
or above 6.0 percent, but below 6.5 percent, the maximum duration of benefits
will be limited to 16 weeks;
(4) If the state average unemployment rate is at
or above 6.5 percent, but below 7.0 percent, the maximum duration of benefits
will be limited to 17 weeks;
(5) If the state average unemployment rate is at
or above 7.0 percent, but below 7.5 percent, the maximum duration of benefits
will be limited to 18 weeks;
(6) If the state average unemployment rate is at
or above 7.5 percent, but below 8.0 percent, the maximum duration of benefits
will be limited to 19 weeks;
(7) If the state average unemployment rate is at
or above 8.0 percent, but below 8.5 percent, the maximum duration of benefits
will be limited to 20 weeks;
(8) If the state average unemployment rate is at
or above 8.5 percent, but below 9.0 percent, the maximum duration of benefits
will be limited to 21 weeks; and
(9) If the state average unemployment rate is at
or above 9.0 percent, the maximum duration of benefits will be limited to 22
weeks.
§21A-3-2.
Rulemaking.
Workforce West Virginia shall propose rules for
legislative approval in accordance with the provisions of §29A-3-1 et seq. of
this code necessary to implement the provisions of this article.
§21A-3-3.
Effective date.
The provisions of §21A-3-1 of this code shall take
effect on January 1, 2023.
ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.
§21A-6-1.
Eligibility qualifications.
An unemployed individual shall be eligible to receive
benefits only if the commissioner finds that:
(1) He or she has registered for work at and
thereafter continues to report at an employment office in accordance with the
regulations of the commissioner;
(2) He or she has made a claim for benefits in
accordance with the provisions of article seven of this chapter §21A-7-1
et seq. of this code and has furnished his or her Social Security
number, or numbers if he or she has more than one such number;
(3) He or she is able to work and is available for
full-time work for which he or she is fitted by prior training or experience
and is doing that which a reasonably prudent person in his or her
circumstances would do in seeking work actively seeking work as defined
in §21A-6-1d of this code;
(4) He or she has been totally or partially
unemployed during his or her benefit year for a waiting period of one-week
prior to the week for which he or she claims benefits for total or partial
unemployment;
(5) He or she has within his or her base period been
paid wages for employment equal to not less than $2,200 and must have earned
wages in more than one quarter of his or her base period or, if he or she is
not eligible under his or her base period, has within his or her alternative
base period been paid wages for employment equal to not less than $2,200 and
must have earned wages in more than one quarter of his or her alternative base
period; and
(6) He or she participates in reemployment services as
defined in §21A-6-1d of this code, such as job search assistance services,
if the individual has been determined to be likely to exhaust regular benefits
and needs reemployment services pursuant to a profiling system established by
the commissioner, unless the commissioner determines that:
(A) The individual has completed such services; or
(B) There is justifiable cause for the claimant’s
failure to participate in such services.
§21A-6-1d. Jobs and Reemployment Act.
(a) In addition to compliance with all other
eligibility requirements, an individual shall be eligible and shall remain
eligible for unemployment benefits only if he or she actively seeks, and
continues to seek, work by conducting at least four work search activities
weekly, defined as:
(1) Registering for work with the state’s labor
exchange system, placement firm, temporary work agencies, or educational
institution with job placement offices;
(2) Logging on and looking for work in the state’s
labor exchange or other online job matching system;
(3) Using reemployment services in job centers or
completing similar online or self-service activities, including, but not
limited to, obtaining and using labor market and career information,
participating in Reemployment Services and Eligibility Assessment (RESEA)
activities, participating in skills assessment for occupational matching,
instructional workshops, or other specialized activities;
(4) Completing job applications for employers that
have, or are reasonably expected to have, job openings, or following through on
job referrals or job development attempts, as directed by Workforce West
Virginia staff;
(5) Applying for or participating in employment
and training services provided by partner programs in job centers;
(6) Participating in work-related networking
events, such as job clubs, job fairs, industry association events, or
networking groups;
(7) Making contacts with, or in-person visits to,
employers that have, or are reasonably expected to have, job openings;
(8) Taking a civil service examination;
(9) Going on interviews with employers, either
in-person or virtually; or
(10) Performing any other work search activities
prescribed or allowed by rules promulgated by Workforce West Virginia.
(b) The commissioner shall:
(1) Require an individual, at the time of
application for unemployment benefits and weekly thereafter, to provide proof
of all his or her work search activities;
(2) Verify submissions of proof of work search
activities by individuals applying for or receiving unemployment benefits; and
(3) Determine any individual who fails to perform
work search activities or provide proof of work search activities as required
by this section ineligible to receive unemployment benefits unless the
individual can reasonably explain his or her failure to do so or timely remedy
the failure to provide proof of his or her work search activity.
(c) The commissioner shall have discretion to
determine the sufficiency of the proof of work search activities submitted, the
explanation of a failure to submit such proof, the provision of such proof
after an inaccuracy in the proof provided is identified, and whether an
individual has otherwise complied with the requirements of this section.
(d) The commissioner shall, utilizing existing
resources:
(1) Establish a process by which Workforce West
Virginia will share open positions submitted to or posted by the Division of
Personnel or any other state-administered job board by employers directly with
individuals applying for or receiving unemployment benefits; and
(2) Establish a process by which, for the purpose
of helping individuals applying for or receiving unemployment benefits secure
suitable work, Workforce West Virginia shall refer individuals applying for or
receiving unemployment benefits to such open positions, including facilitating
contact between employers and those individuals and monitoring whether those
individuals are sufficiently responsive to a referral.
(e) An individual applying for or receiving
unemployment benefits who receives referrals from Workforce West Virginia to a
job or jobs considered to be suitable, as that term is defined in this chapter,
shall apply for that job or those jobs within one-week of receiving the
referrals and accept employment in suitable work if offered.
(f) Employers shall report the refusal of any
individual who is receiving unemployment benefits and who receives job referrals
from Workforce West Virginia to accept an offer of employment to the
commissioner. The report shall be made in writing in a manner prescribed by the
commissioner and shall be signed by the employer. The report shall become part
of the file of the individual’s claim for benefits.
(g) Individuals receiving unemployment benefits
who accept a referral to a part-time open position or otherwise accept
part-time employment for which the wages are less than his or her weekly
benefit rate shall continue to receive unemployment benefits without reduction
for those wages for the duration of his or her benefits period.
(h) With the exception of individuals who have
received or been served with a summons for jury duty or are serving on a jury
in any court of this state, the United States, or any state of the United
States; are receiving vocational training as described in the provisions of
§21A-6-4 of this code; or who are members in good standing of a union that
refers its members to employment from a union hall, all individuals applying
for or receiving unemployment benefits shall be subject to the requirements of
this section, including, but not limited to, individuals who are seasonally
unemployed or laid off subject to recall by their employer.
(i) Workforce West Virginia shall notify
individuals seeking benefits, at the time an initial claim is filed and at any
other time during the benefit year that the requirements substantively change,
of the obligation to actively seek work. Delivery of the notification shall be
made by the method selected by the individual seeking benefits, and may include
United States mail, email, online mailbox, or text message. The notification
shall include, at a minimum, the types of work search activities that are
acceptable; the number of work search activities that are required in any week;
the requirement that work search activities be documented; and the requirement
to apply, and accept if offered, suitable jobs referred by the agency.
(j) The commissioner shall propose rules for
legislative approval in accordance with the provisions of §29A-3-1 et seq. of
this code necessary to implement the provisions of this section.
(k) Except for the provisions of subsection (j) of
this section, the provisions of this section shall become effective January 1,
2023.
§21A-6-3.
Disqualification for benefits.
Upon the determination of the facts by the commissioner,
an individual is disqualified for benefits:
(1) For the week in which he or she left his or her
most recent work voluntarily without good cause involving fault on the part of
the employer and until the individual returns to covered employment and has
been employed in covered employment at least 30 working days.
For the purpose of this subdivision, an individual
has not left his or her most recent work voluntarily without good cause
involving fault on the part of the employer if the individual leaves his or her
most recent work with an employer and if he or she in fact, within a 14-day
calendar period, does return to employment with the last preceding employer
with whom he or she was previously employed within the past year prior to his
or her return to work, and which last preceding employer, after having
previously employed the individual for 30 working days or more, laid off the
individual because of lack of work, which layoff occasioned the payment of
benefits under this chapter or could have occasioned the payment of benefits
under this chapter had the individual applied for benefits. It is the intent of
this paragraph to cause no disqualification for benefits for an individual who
complies with the foregoing set of requirements and conditions. Further, for
the purpose of this subdivision, an individual has not left his or her most
recent work voluntarily without good cause involving fault on the part of the
employer, if the individual was compelled to leave his or her work for his or
her own health-related reasons and notifies the employer prior to leaving the
job or within two business days after leaving the job or as soon as practicable
and presents written certification from a licensed physician within 30 days of
leaving the job that his or her work aggravated, worsened, or will worsen the
individual’s health problem.
For the purpose of this subdivision, an individual
shall not be deemed to have left his or her most recent work voluntarily,
without good cause involving fault on the part of the employer, if the
individual leaves such employment as a result of being denied a religious or
medical exemption to the COVID-19 vaccination by his or her employer.
(2) For the week in which he or she was discharged
from his or her most recent work for misconduct and the six weeks immediately
following that week; or for the week in which he or she was discharged from his
or her last 30-day employing unit for misconduct and the six weeks immediately
following that week. The disqualification carries a reduction in the maximum
benefit amount equal to six times the individual’s weekly benefit. However, if
the claimant returns to work in covered employment for 30 days during his or
her benefit year, whether or not the days are consecutive, the maximum benefit
amount is increased by the amount of the decrease imposed under the
disqualification; except that:
If he or she were was discharged from
his or her most recent work for one of the following reasons, or if he or she were
was discharged from his or her last 30 days employing unit for one of
the following reasons: Gross misconduct consisting of willful destruction of
his or her employer’s property; assault upon the person of his or her employer
or any employee of his or her employer; if the assault is committed at the
individual’s place of employment or in the course of employment; reporting to
work in an intoxicated condition, or being intoxicated while at work; reporting
to work under the influence of any controlled substance, as defined in chapter
60A §60A-1-1 et seq. of this code without a valid
prescription, or being under the influence of any controlled substance, as
defined in said chapter §60A-1-1 et seq. of this code
without a valid prescription, while at work; adulterating or otherwise
manipulating a sample or specimen in order to thwart a drug or alcohol test
lawfully required of an employee; refusal to submit to random testing for
alcohol or illegal controlled substances for employees in safety-sensitive
positions as defined in §21-1D-2 of this code; violation of an employer’s
drug-free workplace program; violation of an employer’s alcohol-free workplace
program; arson, theft, larceny, fraud, or embezzlement in connection with his
or her work; or any other gross misconduct, he or she is disqualified for
benefits until he or she has thereafter worked for at least 30 days in covered
employment: Provided, That for the purpose of this subdivision, the
words “any other gross misconduct” includes, but is not limited to, any act or
acts of misconduct where the individual has received prior written warning that
termination of employment may result from the act or acts.
(3) For the week in which he or she failed without
good cause to apply for available, suitable work, accept suitable work when
offered, or return to his or her customary self-employment when directed to do
so by the commissioner, and for the four weeks which immediately follow for
such additional period as any offer of suitable work shall continue open for
his or her acceptance. The disqualification carries a reduction in the maximum
benefit amount equal to four times the individual’s weekly benefit amount.
(4) For any week or portion thereof in which he or
she did not work as a result of:
(a) A strike or other bona fide labor dispute which
caused him or her to leave or lose his or her employment.
(b) A lockout is not a strike or a bona fide labor
dispute and no individual may be denied benefits by reason of a lockout.
However, the operation of a facility by nonstriking employees of the company,
contractors, or other personnel is not a reason to grant employees of the
company on strike unemployment compensation benefit payments. If the operation
of a facility is with workers hired to permanently replace the employees on
strike, the employees would be eligible for benefits.
(c) For the purpose of this subsection, an individual
shall be determined to leave or lose his or her employment by reason of a
lockout where the individual employee has established that: (i) The individual
presented himself or herself physically for work at the workplace on the first
day of such lockout or on the first day he or she is able to present himself or
herself at the workplace or herself; and (ii) the employer denied
the individual the opportunity to perform work.
(d) For purposes of this subsection, an individual is
determined to be permanently replaced where the individual employee establishes
that: (i) He or she is currently employed by an employer who is the subject of
a strike or other bona fide labor dispute; and (ii) the position of the
employee has been occupied by another employee who has been notified they are
permanently replacing the employee who previously occupied the position.
Employees or contractors who are hired to perform striking employees’ work on a
temporary basis, such as the duration of a strike or other bona fide labor
dispute, or a shorter period of time, may not be determined to have permanently
replaced a striking employee.
(5) For a week with respect to which he or she is
receiving or has received:
(a) Wages in lieu of notice;
(b) Compensation for temporary total disability under
the workers’ compensation law of any state or under a similar law of the United
States; or
(c) Unemployment compensation benefits under the laws
of the United States or any other state.
(6) For the week in which an individual has
voluntarily quit employment to marry or to perform any marital, parental, or
family duty, or to attend to his or her personal business or affairs and until
the individual returns to covered employment and has been employed in covered
employment at least 30 working days: Provided, That an individual who
has voluntarily quit employment to accompany a spouse serving in active
military service who has been reassigned from one military assignment to
another is not disqualified for benefits pursuant to this subdivision: Provided,
however, That the account of the employer of an individual who leaves the
employment to accompany a spouse reassigned from one military assignment to
another may not be charged.
(7) Benefits may not be paid to any individual on the
basis of any services, substantially all of which consist of participating in
sports or athletic events or training or preparing to so participate, for any
week which commences during the period between two successive sport seasons (or
similar periods) if the individual performed the services in the first of the
seasons (or similar periods) and there is a reasonable assurance that the
individual will perform the services in the later of the seasons (or similar
periods).
(8) (a) Benefits may not be paid on the basis of
services performed by an alien unless the alien is an individual who was
lawfully admitted for permanent residence at the time the services were
performed, was lawfully present for purposes of performing the services or was
permanently residing in the United States under color of law at the time the
services were performed (including an alien who is lawfully present in the
United States as a result of the application of the provisions of Section
203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act):
Provided, That any modifications to the provisions of Section 3304(a)(14)
of the federal Unemployment Tax Act as provided by Public Law 94-566 which
specify other conditions or other effective date than stated in this
subdivision for the denial of benefits based on services performed by aliens
and which modifications are required to be implemented under state law as a
condition for full tax credit against the tax imposed by the federal
Unemployment Tax Act are applicable under the provisions of this section.
(b) Any data or information required of individuals
applying for benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all applicants
for benefits.
(c) In the case of an individual whose application
for benefits would otherwise be approved, no determination that benefits to the
individual are not payable because of his or her alien status may be made
except upon a preponderance of the evidence.
(9) For each week in which an individual is
unemployed because, having voluntarily left employment to attend a school,
college, university, or other educational institution, he or she is attending
that school, college, university, or other educational institution, or is
awaiting entrance thereto or is awaiting the starting of a new term or session
thereof, and until the individual returns to covered employment.
(10) For each week in which he or she is unemployed
because of his or her request, or that of his or her duly authorized agent, for
a vacation period at a specified time that would leave the employer no other
alternative but to suspend operations.
(11) In the case of an individual who accepts an
early retirement incentive package, unless he or she: (i) Establishes a
well-grounded fear of imminent layoff supported by definitive objective facts
involving fault on the part of the employer; and (ii) establishes that he or
she would suffer a substantial loss by not accepting the early retirement
incentive package.
(12) For each week with respect to which he or she is
receiving or has received benefits under Title II of the Social Security Act or
similar payments under any Act of Congress, or remuneration in the form of an
annuity, pension, or other retirement pay from a base period employer or
chargeable employer or from any trust or fund contributed to by a base period
employer or chargeable employer or any combination of the above, the weekly
benefit amount payable to the individual for that week shall be reduced (but
not below zero) by the prorated weekly amount of those benefits, payments, or
remuneration: Provided, That if the amount of benefits is not a multiple
of $1, it shall be computed to the next lowest multiple of $1: Provided,
however, That there is no disqualification if in the individual’s base
period there are no wages which were paid by the base period employer or
chargeable employer paying the remuneration, or by a fund into which the
employer has paid during the base period: Provided further, That
notwithstanding any other provision of this subdivision to the contrary, the
weekly benefit amount payable to the individual for that week may not be
reduced by any retirement benefits he or she is receiving or has received under
Title II of the Social Security Act or similar payments under any Act of
Congress. A claimant may be required to certify as to whether or not he or she
is receiving or has been receiving remuneration in the form of an annuity,
pension, or other retirement pay from a base period employer or chargeable
employer or from a trust fund contributed to by a base period employer or
chargeable employer.
(13) For each week in which and for 52 weeks
thereafter, beginning with the date of the decision, if the commissioner finds
the individual who within 24 calendar months immediately preceding the
decision, has made a false statement or representation knowing it to be false
or knowingly fails to disclose a material fact, to obtain or increase any
benefit or payment under this article: Provided, That disqualification
under this subdivision does not preclude prosecution under §21A-10-7 of this
code.
§21A-6-10.
Benefit rate — Total unemployment; annual computation and publication of rates.
(a) Each eligible individual who is totally unemployed in
any week shall be paid benefits with respect to that week at the weekly rate
appearing in Column (C) in the benefit table in this section, on the line on
which in Column (A) there is indicated the employee’s wage class, except as
otherwise provided under the term “total and partial unemployment” in
§21A-1A-27 of this code. The employee’s wage class shall be determined by his
or her base period wages as shown in Column (B) in the benefit table. The right
of an employee to receive benefits shall may not be prejudiced
nor the amount thereof be diminished by reason of failure by an employer to pay
either the wages earned by the employee or the contribution due on such wages.
An individual who is totally unemployed but earns in excess of $60 as a result
of odd job or subsidiary work, or is paid a bonus in any benefit week shall be
paid benefits for such week in accordance with the provisions of this chapter
pertaining to benefits for partial unemployment.
(b) (1) The maximum benefit for each wage class shall be
equal to twenty-six times the weekly benefit rate the employee’s
weekly benefit rate multiplied by the maximum number of weeks available as
determined by §21A-3-1.
(2) The maximum benefit rate shall be 66 and two-thirds
percent of the average weekly wage in West Virginia.
(c) On July 1 of each year, the commissioner shall
determine the maximum weekly benefit rate upon the basis of the formula set
forth above and shall establish wage classes as are required, increasing or
decreasing the amount of the base period wages required for each wage class by
$150, establishing the weekly benefit rate for each wage class by rounded
dollar amount to be 55 percent of one fifty-second of the median dollar amount
of wages in the base period for such wage class and establishing the maximum
benefit for each wage class as an amount equal to twenty-six times the
weekly benefit rate the employee’s weekly benefit rate multiplied by the
maximum number of weeks available as determined by §21A-3-1: Provided,
That the commissioner shall may not increase or decrease the
maximum weekly benefit rate for the period beginning on the effective date of
the amendment and reenactment of this section in the regular session of the
Legislature in 2009 until the threshold wage is reduced to $9,000, as required
by §21A-1A-28(d) of this code. The maximum weekly benefit rate, when computed
by the commissioner, in accordance with the foregoing provisions, shall be
rounded to the next lowest multiple of $1.
(d) After he or she has established such the
wage classes, the commissioner shall prepare and publish a table setting forth such
that information.
(e) Average weekly wage shall be computed by dividing
the number of employees in West Virginia earning wages in covered employment
into the total wages paid to employees in West Virginia in covered employment,
and by further dividing said the result by 52, and shall be
determined from employer wage and contribution reports for the previous
calendar year which are furnished to the department on or before June 1
following such calendar year. The average weekly wage, as determined by the
commissioner, shall be rounded to the next higher dollar.
(f) The computation and determination of rates as
aforesaid shall be completed annually before July 1 and any such new wage
class, with its corresponding wages in base period, weekly benefit rate, and
maximum benefit in a benefit year established by the commissioner in the
foregoing manner effective on July 1 shall apply only to a new claim
established by a claimant on and after July 1, and does not apply to continued
claims of a claimant based on his or her new claim established before said July
1.
BENEFIT TABLE
|
A WAGE
|
|
B
WAGES IN
|
C
WEEKLY
|
MAXIMUM
|
|
CLASS
|
|
BASE PERIOD
|
BENEFIT RATE
|
BENEFIT RATE
|
|
|
|
Under $ 2,200.00
|
Ineligible
|
|
|
1
|
$
|
2,200.00
|
-
|
2,359.99
|
24.00
|
624.00
|
|
2
|
|
2,350.00
|
-
|
2,499.99
|
25.00
|
650.00
|
|
3
|
|
2,500.00
|
-
|
2,649.99
|
27.00
|
702.00
|
|
4
|
|
2,650.00
|
-
|
2,799.99
|
28.00
|
728.00
|
|
5
|
|
2,800.00
|
-
|
2,949.99
|
30.00
|
780.00
|
|
6
|
|
2,950.00
|
-
|
3,099.99
|
31.00
|
806.00
|
|
7
|
|
3,100.00
|
-
|
3,249.99
|
33.00
|
858.00
|
|
8
|
|
3,250.00
|
-
|
3,399.99
|
35.00
|
910.00
|
|
9
|
|
3,400.00
|
-
|
3,549.99
|
36.00
|
936.00
|
|
10
|
|
3,550.00
|
-
|
3,699.99
|
38.00
|
988.00
|
|
11
|
|
3,700.00
|
-
|
3,849.99
|
39.00
|
1,014.00
|
|
12
|
|
3,850.00
|
-
|
3,999.99
|
41.00
|
1,066.00
|
|
13
|
|
4,000.00
|
-
|
4,149.99
|
43.00
|
1,118.00
|
|
14
|
|
4,150.00
|
-
|
4,299.99
|
44.00
|
1,144.00
|
|
15
|
|
4,300.00
|
-
|
4,449.99
|
46.00
|
1,196.00
|
|
16
|
|
4,450.00
|
-
|
4,599.99
|
47.00
|
1,222.00
|
|
17
|
|
4,600.00
|
-
|
4,749.99
|
49.00
|
1,274.00
|
|
18
|
|
4,750.00
|
-
|
4,899.99
|
51.00
|
1,326.00
|
|
19
|
|
4,900.00
|
-
|
5,049.99
|
52.00
|
1,352.00
|
|
20
|
|
5,050.00
|
-
|
5,199.99
|
54.00
|
1,404.00
|
|
21
|
|
5,200.00
|
-
|
5,349.99
|
55.00
|
1,430.00
|
|
22
|
|
5,350.00
|
-
|
5,499.99
|
57.00
|
1,482.00
|
|
23
|
|
5,500.00
|
-
|
5,649.99
|
58.00
|
1,508.00
|
|
24
|
|
5,650.00
|
-
|
5,799.99
|
60.00
|
1,560.00
|
|
25
|
|
5,800.00
|
-
|
5,949.99
|
62.00
|
1,612.00
|
|
26
|
|
5,950.00
|
-
|
6,099.99
|
63.00
|
1,638.00
|
|
27
|
|
6,100.00
|
-
|
6,249.99
|
65.00
|
1,690.00
|
|
28
|
|
6,250.00
|
-
|
6,399.99
|
66.00
|
1,716.00
|
|
29
|
|
6,400.00
|
-
|
6,549.99
|
68.00
|
1,768.00
|
|
30
|
|
6,550.00
|
-
|
6,699.99
|
70.00
|
1,820.00
|
|
31
|
|
6,700.00
|
-
|
6,849.99
|
71.00
|
1,846.00
|
|
32
|
|
6,850.00
|
-
|
6,999.99
|
73.00
|
1,898.00
|
|
33
|
|
7,000.00
|
-
|
7,149.99
|
74.00
|
1,924.00
|
|
34
|
|
7,150.00
|
-
|
7,299.99
|
76.00
|
1,976.00
|
|
35
|
|
7,300.00
|
-
|
7,449.99
|
78.00
|
2,028.00
|
|
36
|
|
7,450.00
|
-
|
7,599.99
|
79.00
|
2,054.00
|
|
37
|
|
7,600.00
|
-
|
7,749.99
|
81.00
|
2,106.00
|
|
38
|
|
7,750.00
|
-
|
7,899.99
|
82.00
|
2,132.00
|
|
39
|
|
7,900.00
|
-
|
8,049.99
|
84.00
|
2,184.00
|
|
40
|
|
8,050.00
|
-
|
8,199.99
|
85.00
|
2,210.00
|
|
41
|
|
8,200.00
|
-
|
8,349.99
|
87.00
|
2,262.00
|
|
42
|
|
8,350.00
|
-
|
8,499.99
|
89.00
|
2,314.00
|
|
43
|
|
8,500.00
|
-
|
8,649.99
|
90.00
|
2,340.00
|
|
44
|
|
8,650.00
|
-
|
8,799.99
|
92.00
|
2,392.00
|
|
45
|
|
8,800.00
|
-
|
8,949.99
|
93.00
|
2,418.00
|
|
46
|
|
8,950.00
|
-
|
9,099.99
|
95.00
|
2,470.00
|
|
47
|
|
9,100.00
|
-
|
9,249.99
|
97.00
|
2,522.00
|
|
48
|
|
9,250.00
|
-
|
9,399.99
|
98.00
|
2,548.00
|
|
49
|
|
9,400.00
|
-
|
9,549.99
|
100.00
|
2,600.00
|
|
50
|
|
9,550.00
|
-
|
9,699.99
|
101.00
|
2,626.00
|
|
51
|
|
9,700.00
|
-
|
9,849.99
|
103.00
|
2,678.00
|
|
52
|
|
9,850.00
|
-
|
9,999.99
|
104.00
|
2,704.00
|
|
53
|
|
10,000.00
|
-
|
10,149.99
|
106.00
|
2,756.00
|
|
54
|
|
10,150.00
|
-
|
10,299.99
|
108.00
|
2,808.00
|
|
55
|
|
10,300.00
|
-
|
10,449.99
|
109.00
|
2,834.00
|
|
56
|
|
10,450.00
|
-
|
10,599.99
|
111.00
|
2,886.00
|
|
57
|
|
10,600.00
|
-
|
10,749.99
|
112.00
|
2,912.00
|
|
58
|
|
10,750.00
|
-
|
10,899.99
|
114.00
|
2,964.00
|
|
59
|
|
10,900.00
|
-
|
11,049.99
|
116.00
|
3,016.00
|
|
60
|
|
11,050.00
|
-
|
11,199.99
|
117.00
|
3,042.00
|
|
61
|
|
11,200.00
|
-
|
11,349.99
|
119.00
|
3,094.00
|
|
62
|
|
11,350.00
|
-
|
11,499.99
|
120.00
|
3,120.00
|
|
63
|
|
11,500.00
|
-
|
11,649.99
|
122.00
|
3,172.00
|
|
64
|
|
11,650.00
|
-
|
11,799.99
|
124.00
|
3,224.00
|
|
65
|
|
11,800.00
|
-
|
11,949.99
|
125.00
|
3,250.00
|
|
66
|
|
11,950.00
|
-
|
12,099.99
|
127.00
|
3,302.00
|
|
67
|
|
12,100.00
|
-
|
12,249.99
|
128.00
|
3,328.00
|
|
68
|
|
12,250.00
|
-
|
12,399.99
|
130.00
|
3,380.00
|
|
69
|
|
12,400.00
|
-
|
12,549.99
|
131.00
|
3,406.00
|
|
70
|
|
12,550.00
|
-
|
12,699.99
|
133.00
|
3,458.00
|
|
71
|
|
12,700.00
|
-
|
12,849.99
|
135.00
|
3,510.00
|
|
72
|
|
12,850.00
|
-
|
12,999.99
|
136.00
|
3,536.00
|
|
73
|
|
13,000.00
|
-
|
13,149.99
|
138.00
|
3,588.00
|
|
74
|
|
13,150.00
|
-
|
13,299.99
|
139.00
|
3,614.00
|
|
75
|
|
13,300.00
|
-
|
13,449.99
|
141.00
|
3,666.00
|
|
76
|
|
13,450.00
|
-
|
13,599.99
|
143.00
|
3,718.00
|
|
77
|
|
13,600.00
|
-
|
13,749.99
|
144.00
|
3,744.00
|
|
78
|
|
13,750.00
|
-
|
13,899.99
|
146.00
|
3,796.00
|
|
79
|
|
13,900.00
|
-
|
14,049.99
|
147.00
|
3,822.00
|
|
80
|
|
14,050.00
|
-
|
14,199.99
|
149.00
|
3,874.00
|
|
81
|
|
14,200.00
|
-
|
14,349.99
|
150.00
|
3,900.00
|
|
82
|
|
14,350.00
|
-
|
14,499.99
|
152.00
|
3,952.00
|
|
83
|
|
14,500.00
|
-
|
14,649.99
|
154.00
|
4,004.00
|
|
84
|
|
14,650.00
|
-
|
14,799.99
|
155.00
|
4,030.00
|
|
85
|
|
14,800.00
|
-
|
14,949.99
|
157.00
|
4,082.00
|
|
86
|
|
14,950.00
|
-
|
15,099.99
|
158.00
|
4,108.00
|
|
87
|
|
15,100.00
|
-
|
15,249.99
|
160.00
|
4,160.00
|
|
88
|
|
15,250.00
|
-
|
15,399.99
|
162.00
|
4,212.00
|
|
89
|
|
15,400.00
|
-
|
15,549.99
|
163.00
|
4,238.00
|
|
90
|
|
15,550.00
|
-
|
15,699.99
|
165.00
|
4,290.00
|
|
91
|
|
15,700.00
|
-
|
15,849.99
|
166.00
|
4,316.00
|
|
92
|
|
15,850.00
|
-
|
15,999.99
|
168.00
|
4,368.00
|
|
93
|
|
16,000.00
|
-
|
16,149.99
|
170.00
|
4,420.00
|
|
94
|
|
16,150.00
|
-
|
16,299.99
|
171.00
|
4,446.00
|
|
95
|
|
16,300.00
|
-
|
16,449.99
|
173.00
|
4,498.00
|
|
96
|
|
16,450.00
|
-
|
16,599.99
|
174.00
|
4,524.00
|
|
97
|
|
16,600.00
|
-
|
16,749.99
|
176.00
|
4,576.00
|
|
98
|
|
16,750.00
|
-
|
16,899.99
|
177.00
|
4,602.00
|
|
99
|
|
16,900.00
|
-
|
17,049.99
|
179.00
|
4,654.00
|
|
100
|
|
17,050.00
|
-
|
17,199.99
|
181.00
|
4,706.00
|
|
101
|
|
17,200.00
|
-
|
17,349.99
|
182.00
|
4,732.00
|
|
102
|
|
17,350.00
|
-
|
17,499.99
|
184.00
|
4,784.00
|
|
103
|
|
17,500.00
|
-
|
17,649.99
|
185.00
|
4,810.00
|
|
104
|
|
17,650.00
|
-
|
17,799.99
|
187.00
|
4,862.00
|
|
105
|
|
17,800.00
|
-
|
17,949.99
|
189.00
|
4,914.00
|
|
106
|
|
17,950.00
|
-
|
18,099.99
|
190.00
|
4,940.00
|
|
107
|
|
18,100.00
|
-
|
18,249.99
|
192.00
|
4,992.00
|
|
108
|
|
18,250.00
|
-
|
18,399.99
|
193.00
|
5,018.00
|
|
109
|
|
18,400.00
|
-
|
18,549.99
|
195.00
|
5,070.00
|
|
110
|
|
18,550.00
|
-
|
18,699.99
|
196.00
|
5,096.00
|
|
111
|
|
18,700.00
|
-
|
18,849.99
|
198.00
|
5,148.00
|
|
112
|
|
18,850.00
|
-
|
18,999.99
|
200.00
|
5,200.00
|
|
113
|
|
19,000.00
|
-
|
19,149.99
|
201.00
|
5,226.00
|
|
114
|
|
19,150.00
|
-
|
19,299.99
|
203.00
|
5,278.00
|
|
115
|
|
19,300.00
|
-
|
19,449.99
|
204.00
|
5,304.00
|
|
116
|
|
19,450.00
|
-
|
19,599.99
|
206.00
|
5,356.00
|
|
117
|
|
19,600.00
|
-
|
19,749.99
|
208.00
|
5,408.00
|
|
118
|
|
19,750.00
|
-
|
19,899.99
|
209.00
|
5,434.00
|
|
119
|
|
19,900.00
|
-
|
20,049.99
|
211.00
|
5,486.00
|
|
120
|
|
20,050.00
|
-
|
20,199.99
|
212.00
|
5,512.00
|
|
121
|
|
20,200.00
|
-
|
20,349.99
|
214.00
|
5,564.00
|
|
122
|
|
20,350.00
|
-
|
20,499.99
|
216.00
|
5,616.00
|
|
123
|
|
20,500.00
|
-
|
20,649.99
|
217.00
|
5,642.00
|
|
124
|
|
20,650.00
|
-
|
20,799.99
|
219.00
|
5,694.00
|
|
125
|
|
20,800.00
|
-
|
20,949.99
|
220.00
|
5,720.00
|
|
126
|
|
20,950.00
|
-
|
21,099.99
|
222.00
|
5,772.00
|
|
127
|
|
21,100.00
|
-
|
21,249.99
|
223.00
|
5,798.00
|
|
128
|
|
21,250.00
|
-
|
21,399.99
|
225.00
|
5,850.00
|
|
129
|
|
21,400.00
|
-
|
21,549.99
|
227.00
|
5,902.00
|
|
130
|
|
21,550.00
|
-
|
21,699.99
|
228.00
|
5,928.00
|
|
131
|
|
21,700.00
|
-
|
21,849.99
|
230.00
|
5,980.00
|
|
132
|
|
21,850.00
|
-
|
21,999.99
|
231.00
|
6,006.00
|
|
133
|
|
22,000.00
|
-
|
22,149.99
|
233.00
|
6,058.00
|
|
134
|
|
22,150.00
|
-
|
22,299.99
|
235.00
|
6,110.00
|
|
135
|
|
22,300.00
|
-
|
22,449.99
|
236.00
|
6,136.00
|
|
136
|
|
22,450.00
|
-
|
22,599.99
|
238.00
|
6,188.00
|
|
137
|
|
22,600.00
|
-
|
22,749.99
|
239.00
|
6,214.00
|
|
138
|
|
22,750.00
|
-
|
22,899.99
|
241.00
|
6,266.00
|
|
139
|
|
22,900.00
|
-
|
23,049.99
|
243.00
|
6,318.00
|
|
140
|
|
23,050.00
|
-
|
23,199.99
|
244.00
|
6,344.00
|
|
141
|
|
23,200.00
|
-
|
23,349.99
|
246.00
|
6,396.00
|
|
142
|
|
23,350.00
|
-
|
23,499.99
|
247.00
|
6,422.00
|
|
143
|
|
23,500.00
|
-
|
23,649.99
|
249.00
|
6,474.00
|
|
144
|
|
23,650.00
|
-
|
23,799.99
|
250.00
|
6,500.00
|
|
145
|
|
23,800.00
|
-
|
23,949.99
|
252.00
|
6,552.00
|
|
146
|
|
23,950.00
|
-
|
24,099.99
|
254.00
|
6,604.00
|
|
147
|
|
24,100.00
|
-
|
24,249.99
|
255.00
|
6,630.00
|
|
148
|
|
24,250.00
|
-
|
24,399.99
|
257.00
|
6,682.00
|
|
149
|
|
24,400.00
|
-
|
24,549.99
|
258.00
|
6,708.00
|
|
150
|
|
24,550.00
|
-
|
24,699.99
|
260.00
|
6,760.00
|
|
151
|
|
24,700.00
|
-
|
24,849.99
|
262.00
|
6,812.00
|
|
152
|
|
24,850.00
|
-
|
24,999.99
|
263.00
|
6,838.00
|
|
153
|
|
25,000.00
|
-
|
25,149.99
|
265.00
|
6,890.00
|
|
154
|
|
25,150.00
|
-
|
25,299.99
|
266.00
|
6,916.00
|
|
155
|
|
25,300.00
|
-
|
25,449.99
|
268.00
|
6,968.00
|
|
156
|
|
25,450.00
|
-
|
25,599.99
|
269.00
|
6,994.00
|
|
157
|
|
25,600.00
|
-
|
25,749.99
|
271.00
|
7,046.00
|
|
158
|
|
25,750.00
|
-
|
25,899.99
|
273.00
|
7,098.00
|
|
159
|
|
25,900.00
|
-
|
26,049.99
|
274.00
|
7,124.00
|
|
160
|
|
26,050.00
|
-
|
26,199.99
|
276.00
|
7,176.00
|
|
161
|
|
26,200.00
|
-
|
26,349.99
|
277.00
|
7,202.00
|
|
162
|
|
26,350.00
|
-
|
26,499.99
|
279.00
|
7,254.00
|
|
163
|
|
26,500.00
|
-
|
26,649.99
|
281.00
|
7,306.00
|
|
164
|
|
26,650.00
|
-
|
26,799.99
|
282.00
|
7,332.00
|
|
165
|
|
26,800.00
|
-
|
26,949.99
|
284.00
|
7,384.00
|
|
166
|
|
26,950.00
|
-
|
27,099.99
|
285.00
|
7,410.00
|
|
167
|
|
27,100.00
|
-
|
27,249.99
|
287.00
|
7,462.00
|
|
168
|
|
27,250.00
|
-
|
27,399.99
|
289.00
|
7,514.00
|
|
169
|
|
27,400.00
|
-
|
27,549.99
|
290.00
|
7,540.00
|
|
170
|
|
27,550.00
|
-
|
27,699.99
|
292.00
|
7,592.00
|
|
171
|
|
27,700.00
|
-
|
27,849.99
|
293.00
|
7,618.00
|
|
172
|
|
27,850.00
|
-
|
27,999.99
|
295.00
|
7,670.00
|
|
173
|
|
28,000.00
|
-
|
28,149.99
|
296.00
|
7,696.00
|
|
174
|
|
28,150.00
|
-
|
28,299.99
|
298.00
|
7,748.00
|
|
175
|
|
28,300.00
|
-
|
28,449.99
|
300.00
|
7,800.00
|
|
176
|
|
28,450.00
|
-
|
28,599.99
|
301.00
|
7,826.00
|
|
177
|
|
28,600.00
|
-
|
28,749.99
|
303.00
|
7,878.00
|
|
178
|
|
28,750.00
|
-
|
28,899.99
|
304.00
|
7,904.00
|
|
179
|
|
28,900.00
|
-
|
29,049.99
|
306.00
|
7,956.00
|
|
180
|
|
29,050.00
|
-
|
29,199.99
|
308.00
|
8,008.00
|
|
181
|
|
29,200.00
|
-
|
29,349.99
|
309.00
|
8,034.00
|
|
182
|
|
29,350.00
|
-
|
29,499.99
|
311.00
|
8,086.00
|
|
183
|
|
29,500.00
|
-
|
29,649.99
|
312.00
|
8,112.00
|
|
184
|
|
29,650.00
|
-
|
29,799.99
|
314.00
|
8,164.00
|
|
185
|
|
29,800.00
|
-
|
29,949.99
|
315.00
|
8,190.00
|
|
186
|
|
29,950.00
|
-
|
30,099.99
|
317.00
|
8,242.00
|
|
187
|
|
30,100.00
|
-
|
30,249.99
|
319.00
|
8,294.00
|
|
188
|
|
30,250.00
|
-
|
30,399.99
|
320.00
|
8,320.00
|
|
189
|
|
30,400.00
|
-
|
30,549.99
|
322.00
|
8,372.00
|
|
190
|
|
30,550.00
|
-
|
30,699.99
|
323.00
|
8,398.00
|
|
191
|
|
30,700.00
|
-
|
30,849.99
|
325.00
|
8,450.00
|
|
192
|
|
30,850.00
|
-
|
30,999.99
|
327.00
|
8,502.00
|
|
193
|
|
31,000.00
|
-
|
31,149.99
|
328.00
|
8,528.00
|
|
194
|
|
31,150.00
|
-
|
31,299.99
|
330.00
|
8,580.00
|
|
195
|
|
31,300.00
|
-
|
31,449.99
|
331.00
|
8,606.00
|
|
196
|
|
31,450.00
|
-
|
31,599.99
|
333.00
|
8,658.00
|
|
197
|
|
31,600.00
|
-
|
31,749.99
|
335.00
|
8,710.00
|
|
198
|
|
31,750.00
|
-
|
31,899.99
|
336.00
|
8,736.00
|
|
199
|
|
31,900.00
|
-
|
32,049.99
|
338.00
|
8,788.00
|
|
200
|
|
32,050.00
|
-
|
32,199.99
|
339.00
|
8,814.00
|
|
201
|
|
32,200.00
|
-
|
32,349.99
|
341.00
|
8,866.00
|
|
202
|
|
32,350.00
|
-
|
32,499.99
|
342.00
|
8,892.00
|
|
203
|
|
32,500.00
|
-
|
32,649.99
|
344.00
|
8,944.00
|
|
204
|
|
32,650.00
|
-
|
32,799.99
|
346.00
|
8,996.00
|
|
205
|
|
32,800.00
|
-
|
32,949.99
|
347.00
|
9,022.00
|
|
206
|
|
32,950.00
|
-
|
33,099.99
|
349.00
|
9,074.00
|
|
207
|
|
33,100.00
|
-
|
33,249.99
|
350.00
|
9,100.00
|
|
208
|
|
33,250.00
|
-
|
33,399.99
|
352.00
|
9,152.00
|
|
209
|
|
33,400.00
|
-
|
33,549.99
|
354.00
|
9,204.00
|
|
210
|
|
33,550.00
|
-
|
33,699.99
|
355.00
|
9,230.00
|
|
211
|
|
33,700.00
|
-
|
33,849.99
|
357.00
|
9,282.00
|
|
212
|
|
33,850.00
|
-
|
33,999.99
|
358.00
|
9,308.00
|
|
213
|
|
34,000.00
|
-
|
34,149.99
|
360.00
|
9,360.00
|
|
214
|
|
34,150.00
|
-
|
34,299.99
|
361.00
|
9,386.00
|
|
215
|
|
34,300.00
|
-
|
34,449.99
|
363.00
|
9,438.00
|
|
216
|
|
34,450.00
|
-
|
34,599.99
|
365.00
|
9,490.00
|
|
217
|
|
34,600.00
|
-
|
34,749.99
|
366.00
|
9,516.00
|
|
218
|
|
34,750.00
|
-
|
34,899.99
|
368.00
|
9,568.00
|
|
219
|
|
34,900.00
|
-
|
35,049.99
|
369.00
|
9,594.00
|
|
220
|
|
35,050.00
|
-
|
35,199.99
|
371.00
|
9,646.00
|
|
221
|
|
35,200.00
|
-
|
35,349.99
|
373.00
|
9,698.00
|
|
222
|
|
35,350.00
|
-
|
35,499.99
|
374.00
|
9,724.00
|
|
223
|
|
35,500.00
|
-
|
35,649.99
|
376.00
|
9,776.00
|
|
224
|
|
35,650.00
|
-
|
35,799.99
|
377.00
|
9,802.00
|
|
225
|
|
35,800.00
|
-
|
35,949.99
|
379.00
|
9,854.00
|
|
226
|
|
35,950.00
|
-
|
36,999.99
|
381.00
|
9,906.00
|
|
227
|
|
36,100.00
|
-
|
36,249.99
|
382.00
|
9,932.00
|
|
228
|
|
36,250.00
|
-
|
36,399.99
|
384.00
|
9,984.00
|
|
229
|
|
36,400.00
|
-
|
36,549.99
|
385.00
|
10,010.00
|
|
230
|
|
36,550.00
|
-
|
36,699.99
|
387.00
|
10,062.00
|
|
231
|
|
36,700.00
|
-
|
36,849.99
|
388.00
|
10,088.00
|
|
232
|
|
36,850.00
|
-
|
36,999.99
|
390.00
|
10,140.00
|
|
233
|
|
37,000.00
|
-
|
37,149.99
|
392.00
|
10,192.00
|
|
234
|
|
37,150.00
|
-
|
37,299.99
|
393.00
|
10,218.00
|
|
235
|
|
37,300.00
|
-
|
37,449.99
|
395.00
|
10,270.00
|
|
236
|
|
37,450.00
|
-
|
37,599.99
|
396.00
|
10,296.00
|
|
237
|
|
37,600.00
|
-
|
37,749.99
|
398.00
|
10,348.00
|
|
238
|
|
37,750.00
|
-
|
37,899.99
|
400.00
|
10,400.00
|
|
239
|
|
37,900.00
|
-
|
38,049.99
|
401.00
|
10,426.00
|
|
240
|
|
38,050.00
|
-
|
38,199.99
|
403.00
|
10,478.00
|
|
241
|
|
38,200.00
|
-
|
38,349.99
|
404.00
|
10,504.00
|
|
242
|
|
38,350.00
|
-
|
38,499.99
|
406.00
|
10,556.00
|
|
243
|
|
38,500.00
|
-
|
38,649.99
|
408.00
|
10,608.00
|
|
244
|
|
38,650.00
|
-
|
38,799.99
|
409.00
|
10,634.00
|
|
245
|
|
38,800.00
|
-
|
38,949.99
|
411.00
|
10,686.00
|
|
246
|
|
38,950.00
|
-
|
39,099.99
|
412.00
|
10,712.00
|
|
247
|
|
39,100.00
|
-
|
39,249.99
|
414.00
|
10,764.00
|
|
248
|
|
39,250.00
|
-
|
39,399.99
|
415.00
|
10,790.00
|
|
249
|
|
39,400.00
|
-
|
39,549.99
|
417.00
|
10,842.00
|
|
250
|
|
39,550.00
|
-
|
39,699.99
|
419.00
|
10,894.00
|
|
251
|
|
39,700.00
|
-
|
39,849.99
|
420.00
|
10,920.00
|
|
252
|
|
39,850.00
|
-
|
39,999.99
|
422.00
|
10,972.00
|
|
253
|
|
40,000.00
|
-
|
40,149.99
|
423.00
|
10,998.00
|
|
254
|
|
40,150.00
|
-
|
and above
|
424.00
|
11,024.00
|
|
|
|
|
|
|
|
|
|
The bill was then ordered to third reading.
S. B. 10, Relating to WVU Rifle Team
electronic application donation program; on second reading, coming up in
regular order, was read a second time.
An amendment, recommended by the Committee on the
Committee on Finance, was reported by the Clerk on page 1, following the
enacting clause, by striking the remainder of the bill in its entirety and
inserting in lieu thereof the following:
“ARTICLE
2. WILDLIFE RESOURCES.
§20-2-33c.
Electronic application donation to West Virginia University Rifle Team; special
fund created; authorized disbursements.
(a) Every electronic application for a hunting or
fishing license shall include a solicitation for a voluntary donation to the
West Virginia University Rifle Team.
(b) The license applicant will be offered an
opportunity to designate a donation in any amount to the West Virginia
University Rifle Team. The Director of the Division of Natural Resources shall
deposit any donations made by an applicant to the special revenue account
created in subsection (c) of this section.
(c) There is created in the State Treasury a
special revenue fund known as the West Virginia University Rifle Team Program
Fund. The fund shall be comprised of all moneys donated through an electronic
application for a hunting or fishing license as authorized by this section, any
moneys appropriated by the Legislature, and any income from the investment of
money held in the fund. The fund shall operate as a special revenue fund and
all deposits and payments into the fund do not expire to the General Revenue
Fund but shall remain in the account and be available for expenditure in
succeeding fiscal years.
(d)
Expenditures from the West Virginia University Rifle Team Program Fund shall be
for the purposes set forth in this section. The moneys in the West Virginia
University Rifle Team Program Fund will be paid out at least annually by the
Director of the Division of Natural Resources to the West Virginia University Foundation
Rifle Team Account: Provided, That the Division of Natural Resources
shall deduct no more than five percent of donations derived under this section
as an administrative fee to recover processing costs prior to transferring any
money to the West Virginia University Foundation Rifle Team Account: Provided,
however, That the Division of Natural Resources is absolved of all
responsibilities established pursuant to this section if the West Virginia
University Rifle Team ceases to exist.
(e) The Division of Natural Resources shall,
following the close of each fiscal year, prepare an annual report detailing the
categories of expenditures from the West Virginia University Rifle Team Program
Fund and listing all sources of revenue as well as a closing balance for the
year. The report shall be submitted in an electronic format to the Joint
Committee on Government and Finance no later than eight weeks after the close
of the fiscal year.”
On motion of Delegate Statler, the committee
amendment was amended on page 1, section §20-2-33c, line
17, following the word “University” by striking the word “Foundation”
And,
On page 2, section §20-2-33c, line 20, following the word
“University” by striking the word “Foundation”
The amendment recommended by the Committee on Finance, as
amended, was then adopted.
The bill was then ordered to third reading.
Com. Sub. for S. B. 138, Relating to Board of
Medicine composition; on second reading, coming up in regular order, was read a
second time.
An amendment, recommended by the Committee on Government
Organization, was reported by the Clerk and adopted, amending the bill on page
1 by striking everything after the enacting clause and inserting in lieu
thereof:
“ARTICLE
3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-5.
West Virginia Board of Medicine powers and duties continued; appointment and
terms of members; vacancies; removal.
The West Virginia Board of Medicine has assumed,
carried on, and succeeded to all the duties, rights, powers, obligations, and
liabilities heretofore belonging to or exercised by the Medical Licensing Board
of West Virginia. All the rules, orders, rulings, licenses, certificates, permits,
and other acts and undertakings of the Medical Licensing Board of West Virginia
as heretofore constituted have continued as those of the West Virginia Board of
Medicine until they expired or were amended, altered, or revoked. The board
remains the sole authority for the issuance of licenses to practice medicine
and surgery, to practice podiatry, and to practice as physician assistants in
this state under the supervision of physicians licensed under this article. The
board shall continue to be a regulatory and disciplinary body for the practice
of medicine and surgery, the practice of podiatry, and for physician assistants
in this state.
The board shall consist of sixteen 15
members. One member shall be the state health officer ex officio, with the right
to vote as a member of the board. The other fifteen 14 members
shall be appointed by the Governor, with the advice and consent of the Senate.
Eight of the members shall be appointed from among individuals holding the
degree of doctor of medicine, and two one shall hold the degree
of doctor of podiatric medicine. Two members shall be physician assistants
licensed by the board. Each of these members must be duly licensed to practice
his or her profession in this state on the date of appointment and must have
been licensed and actively practicing that profession for at least five years
immediately preceding the date of appointment. Three lay members shall be
appointed to represent health care consumers. Neither the lay members nor any
person of the lay members’ immediate families shall be a provider of or be
employed by a provider of health care services. The state health officer’s term
shall continue for the period that he or she holds office as state health
officer. Each other member of the board shall be appointed to serve a term of
five years: Provided, That the members of the Board of Medicine holding
appointments on the effective date of this section shall continue to serve as
members of the Board of Medicine until the expiration of their term unless sooner
removed. Each term shall begin on October 1 of the applicable year and a member
may not be appointed to more than two consecutive full terms on the board.
A person is not eligible for membership on the board
who is a member of any political party executive committee or, with the
exception of the state health officer, who holds any public office or public
employment under the federal government or under the government of this state
or any political subdivision thereof.
In making appointments to the board, the Governor
shall, so far as practicable, select the members from different geographical
sections of the state. When a vacancy on the board occurs and less than one
year remains in the unexpired term, the appointee shall be eligible to serve
the remainder of the unexpired term and two consecutive full terms on the
board.
No member may be removed from office by the Governor
except for official misconduct, incompetence, neglect of duty, or gross
immorality: Provided, That the expiration, surrender, or revocation of
the professional license by the board of a member of the board shall cause the
membership to immediately and automatically terminate.”
The bill was then ordered to third reading.
Com. Sub. for S. B. 205, Expanding PEIA
Finance Board membership; on second reading, coming up in regular order, was
read a second time and ordered to third reading.
S. B. 228, Providing tuition and fee waivers
at state higher education institutions for volunteers who have completed
service in AmeriCorps programs in WV; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 230, Relating generally to
public employees grievance procedure; on second reading, coming up in regular
order, was read a second time.
An amendment, recommended by the Committee on the
Judiciary, was reported by the Clerk and adopted, amending the bill on page 13,
section 6, line 6, by striking the words “actual attorney’s fees and costs not
to exceed $1,000” and inserting in lieu thereof “attorney’s fees and costs not
to exceed a combined total of $1,000”
An amendment, recommended by the Committee on the
Judiciary, was reported by the Clerk and adopted, amending the bill, as
follows:
on page 5, section 3, lines 2 and 3, by striking the
words “and notarized”
and
on page 5, section 3, line 4, by striking the words
“and notarized”
and
on page 5, section 3, line 5, by striking the words
“and notarized”
and
on page 5, section 3, line 6, by striking the words
“and notarize”
The bill was then ordered to third reading.
Com. Sub. for S. B. 232, Relating to
punishment for third offense felony; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 242, Restricting authority
to prevent or limit owner’s use of natural resources or real property in
certain agricultural operations; on second reading, coming up in regular order,
was read a second time and ordered to third reading.
Com. Sub. for S. B. 246, Requiring newly
constructed public schools and public schools with major improvements to have
water bottle filling stations; on second reading, coming up in regular order,
was read a second time.
An amendment, recommended by the Committee on Finance,
was reported by the Clerk and adopted, amending the bill
on page two, section two, line seven, following the word “furnishings” and
the semicolon, by inserting the word “and”;
On page two, section two, line nine, following the
word “operational”, by striking out the semicolon and inserting in lieu
thereof a period;
On page two, section two, line
ten, by striking out the paragraph designation “(D)”;
And,
On page three, section three, line twenty-six,
following the words “boards shall”, by inserting the words “adopt a
policy to”.
The bill was then ordered to third reading.
Com. Sub. for S. B. 247, Relating to certified
community behavioral health clinics; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 262, Relating generally to
financial institutions engaged in boycotts of energy companies; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on
Finance, was reported by the Clerk and adopted, amending the bill on page one,
by striking out everything after the enacting clause and inserting in lieu
thereof the following:
“ARTICLE 1C. Financial institutions engaged in boycotts of energy
companies.
§12‑1C‑1. Definitions.
For the purposes of this article, the following
terms shall have the following meanings:
‘Banking contract’ means a contract entered into
by the Treasurer and a financial institution pursuant to this chapter, to
provide banking goods or services to a spending unit.
‘Boycott of energy companies’ means without a
reasonable business purpose, refusal to deal with a company, termination of
business activities with a company, or another action that is intended to
penalize, inflict economic harm on, or limit commercial relations with a
company because the company:
(A) Engages in the exploration, production, utilization,
transportation, sale, or manufacturing of fossil fuel‑based energy;
(B) Engages in the exploration, production,
utilization, transportation, sale, or manufacturing of fossil fuel‑based
energy and does not commit or pledge to meet environmental standards beyond
applicable federal and state law; or
(C) Does business with a company that engages in
the exploration, production, utilization, transportation, sale, or
manufacturing of fossil fuel‑based energy.
‘Company’ means any sole proprietorship, organization,
association, corporation, partnership, joint venture, limited partnership,
limited liability partnership, limited liability company, or other entity or
business association, including all wholly owned subsidiaries, majority‑owned
subsidiaries, parent companies, or affiliates of those entities or business
associations, that exist for the purpose of making profit.
‘Financial institution’ means a bank, national
banking association, non‑bank financial institution, a bank and trust
company, a trust company, a savings and loan association, a building and loan
association, a mutual savings bank, a credit union, or a savings bank.
‘Reasonable business purpose’ includes any purpose
directly related to:
(A) Promoting the financial success or stability
of a financial institution;
(B) Mitigating risk to a financial institution;
(C) Complying with legal or regulatory
requirements; or
(D) Limiting liability of a financial institution.
‘Restricted financial institution’ means a
financial institution included in the most recently updated restricted
financial institution list.
‘Restricted financial institution list’ means the
list of financial institutions prepared, maintained, and published pursuant to
this article.
‘Treasurer’ refers to the West Virginia State Treasurer.
§12‑1C‑2. Restricted financial institutions list.
(a) The Treasurer is authorized to prepare and
maintain a list of financial institutions that are engaged in a boycott of
energy companies.
(b) The Treasurer must publicly post the
restricted financial institution list on the Treasurer’s website and submit a
copy of the list to the Governor, the President of the Senate, and the Speaker
of the House of Delegates.
(c) A citation to this article and a brief summary
of the purpose of the list must appear at the top of the list, including a
statement that inclusion on the list is not an indication of unsafe or unsound
operating conditions of any financial institution nor any risk to consumer
deposits.
(d) The Treasurer must update the restricted
financial institution list annually, or more often as the Treasurer considers
necessary.
§12‑1C‑3. Notice to financial institutions.
(a) Forty‑five days prior to including a
financial institution on the restricted financial institution list, the
Treasurer must send a written notice to the institution containing the
following information:
(1) That the Treasurer has determined that the
financial institution is a restricted financial institution;
(2) That the financial institution will be placed
on the restricted financial institution list in 45 days unless, within 30 days
following the receipt of the written notice, the restricted financial
institution demonstrates that it is not engaged in a boycott of energy
companies;
(3) That the restricted financial institution list
is published on the Treasurer’s website; and
(4) That the institution’s placement on the list
may render the institution ineligible to enter into, or remain in, banking
contracts with the State of West Virginia.
(b) Following a restricted financial institution’s
inclusion on the restricted financial institution list, the Treasurer will
remove the institution from the list if the institution demonstrates that it
has ceased all activity that boycotts energy companies.
§12‑1C‑4. Sources of Information.
(a) In determining whether to include a financial
institution on the restricted financial institution list, the Treasurer shall
consider and may rely upon the following information:
(1) A financial institution’s certification that
it is not engaged in a boycott of energy companies;
(2) Publicly available statements or information
made by the financial institution, including statements by a member of a
financial institution’s governing body, an executive director of a financial
institution, or any other officer or employee of the financial institution with
the authority to issue policy statements on behalf of the financial
institution; or
(3) Information published by a state or federal
government entity.
(b) In determining whether to include a financial
institution on the restricted financial institution list, the Treasurer may not
rely solely on the following information:
(1) Statements or complaints by an energy company;
or
(2) Media reports of a financial institution’s
boycott of energy companies.
(c) A financial institution may not be compelled to
produce or disclose any data or information deemed confidential, privileged, or
otherwise protected from disclosure by state or federal law.
§12‑1C‑5. Restricted financial
institutions.
(a) In selecting a financial institution to enter
into a banking contract, the Treasurer is authorized to disqualify restricted
financial institutions from the competitive bidding process or from any other
official selection process.
(b) The Treasurer is authorized to refuse to enter
into a banking contract with a restricted financial institution based on its
restricted financial institution status.
(c) The Treasurer is authorized to require, as a
term of any banking contract, an agreement by the financial institution not to
engage in a boycott of energy companies for the duration of the contract.
§12‑1C‑6. Limitation on Liability.
With respect to actions taken in compliance with
this article, a public agency, public official, public employee, or member or
employee of a financial institution is immune from liability.
§12‑1C‑7. Exemptions.
The provisions of this section do not apply to the
duties, actions, and transactions of the West Virginia Investment Management
Board as set forth in §12‑6‑1 et seq. of this code.”
The bill was then ordered to third reading.
Com. Sub. for S. B. 264, Relating to
conservation districts law of WV; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 268, Creating exemption
from compulsory school attendance for child who participates in learning pod or
micro school; on second reading, coming up in regular order, was read a second
time.
An amendment, recommended by the Committee on the Education, was
reported by the Clerk on page 7, section 1, line 159 after the word “together”
by striking out the words “in a group of up to 100 students”
And,
On page 7, section 1, line 163, after the word “school” by
striking out the words “of up to 100 students”
And,
On page 7, section 1, line 164, after the word “school” by
striking out the words “of up to 100 students”
And,
On page 10, section 1, line 232, after the words “provisions of”
by striking out the words “section eleven, article twenty, chapter eighteen”
and inserting in lieu thereof “§18-20-11”.
Delegates Thompson, Hornbuckle, Walker, Evans and
Doyle moved to amend the amendment on line 2, following the words “word
“together”“ by striking out the remainder of the amendment and inserting in
lieu thereof, the following:
“by striking out the number “100” and inserting in lieu thereof,
the number “25”;
And,
On page 8, section 1, line 163, after the words “school of up to”
by striking out the number “100” and inserting in lieu thereof, the number
“25”;
And,
On page 8, section 1, line 164, after the words “school of up to”
by striking out the number “100 “and inserting the number “25”;
And,
On page 10, section 1, line 232, after the words “provisions of”
by striking out the words “section eleven, article twenty, chapter eighteen”
and inserting in lieu thereof “§18-20-11”.
On the adoption of the amendment to the amendment,
the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were
taken (Roll No. 536), and there were—yeas 27, nays 68, absent and not voting
5, with the yeas and the absent and not voting being as follows:
Yeas: Anderson, Barach, Bates, Boggs, Brown, Dean,
Diserio, Doyle, Evans, Ferrell, Fleischauer, Fluharty, Forsht, Garcia,
Griffith, Hansen, Hornbuckle, Pethtel, Pushkin, Rowan, Rowe, Thompson, Tully,
Walker, Williams, Young and Zukoff.
Absent and Not Voting: Barrett, Booth, Pack, Reynolds
and Skaff.
So, a majority of the members present not having
voted in the affirmative, the amendment to the amendment was rejected.
On the adoption of the amendment recommended by the
Committee on Education, the yeas and nays were demanded, which demand was
sustained.
The yeas and nays having been ordered, they were
taken (Roll No. 537), and there were—yeas 49, nays 47, absent and not
voting 4, with the nays and the absent and not voting being as follows:
Nays: Barach, Barnhart, Boggs, Brown, Capito, Conley,
Dean, Diserio, Doyle, Evans, Ferrell, Fleischauer, Fluharty, Garcia, Gearheart,
Griffith, Hansen, Holstein, Honaker, Hornbuckle, D. Kelly, J. Kelly, Lovejoy,
Mandt, Martin, Paynter, Pethtel, Pushkin, Reed, Reynolds, Riley, Rohrbach,
Rowan, Rowe, Smith, Statler, Storch, Thompson, Toney, Tully, Walker, Wamsley,
Westfall, Williams, Worrell, Young and Zukoff.
Absent and Not Voting: Barrett, Booth, Pack and
Skaff.
So, a majority of the members present having voted in
the affirmative, the amendment was adopted.
Delegates Evans, Hornbuckle, Thompson, Walker and Doyle moved to
amend the bill on page 10, section 1, line 235, following the period by inserting
a new subsection to read as follows:
“(10) To assure the health and safety standards are met for
facilities where students attend school, each micro-school, as a condition of
authorization by the county board of education, shall receive certification
that the facility meets minimum health and safety, special education services,
and any applicable state or federal school requirements. Upon receipt of an
application for the establishment of a micro-school, a County Board of
Education shall establish a “Micro-school Safety Board” to certify that any
facility used as a micro school meets applicable standards. The Board shall
be appointed by the County Board of Education and consist of three members.
(1) A parent or guardian of a student attending the school; (2) A
representative of the state Fire Marshal’s office, and (3) A member of the
county school board. This Board shall inspect each facility and assure that
all applicable state and federal laws relating to its operation are met. Upon
certification by the Micro -School Safety Board the county board of education
shall issue authorization for the micro school’s operation.”
On the adoption of the amendment, the yeas and nays were
demanded, which demand was sustained.
The yeas and nays having been ordered, they were
taken (Roll No. 538), and there were—yeas 24, nays 73, absent and not
voting 3, with the yeas and the absent and not voting being as follows:
Yeas: Anderson, Barach, Boggs, Brown, Diserio, Doyle,
Evans, Fleischauer, Fluharty, Garcia, Gearheart, Griffith, Hansen, Hornbuckle,
J. Kelly, Lovejoy, Pethtel, Pushkin, Rowe, Thompson, Walker, Williams, Young
and Zukoff.
Absent and Not Voting: Martin, Pack and Skaff.
So, a majority of the members present not having
voted in the affirmative, the amendment was rejected.
Delegates Doyle, Hornbuckle, Evans, Thompson, Griffith and Walker
moved to amend the bill on page 8, section 1, line 166, following the words
“learning pod” by striking out the period, inserting a semi-colon and the
following proviso:
“Provided, That no entity that previously was rejected for
authorization as a charter school may apply to be a micro-school.”
The question being on the adoption of the amendment, the same was
put and did not prevail.
The bill was then ordered to third reading.
Com. Sub. for S. B. 312, Authorization for
Department of Revenue to promulgate legislative rules; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the
Government Organization, was reported by the Clerk and adopted, amending the
bill by striking out everything after the enacting clause and inserting in lieu
thereof the following:
“ARTICLE
7. Authorization for Department of Revenue to promulgate legislative rules.
§64-7-1.
Alcohol Beverage Control Commission.
(a) The legislative rule
filed in the State Register on July 27, 2021, authorized under the authority of
§60-2-16 of this code, modified by the Alcohol Beverage Control Commission to
meet the objections of the Legislative Rule-Making Review Committee and refiled
in the State Register on December 20, 2021, relating to the Alcohol Beverage
Control Commission (Private Club Licensing, 175 CSR 02), is authorized; with the
following amendments:
On page six, subsection 2.22.5a after the words “wine
that a member purchased” by removing the following new language “from a wine
retailer, wine specialty shop, an applicable winery or farm winery when
licensed for retail sales, or a licensed wine direct shipper” and,
On page 17, subsection 3.1.7 by striking the language
“being a suitable person, being of good morals and character” and inserting in
lieu thereof the following:
“not have been convicted of a felony in the
previous five years before the date of application, not have been convicted of
a crime involving fraud, dishonesty, or deceit in the previous five years
before application, and not have been convicted of a felony crime for violating
alcohol-related distribution laws in the previous five years” and,
On page 18, subsection 3.2.1.e. by striking the words
“suitable persons” and inserting in lieu thereof the following:
“persons that have not been convicted of a felony
in the previous five years before the date of application, not have been
convicted of a crime involving fraud, dishonesty, or deceit in the previous
five years before application, and not have been convicted of a felony crime
for violating alcohol-related distribution laws in the previous five years”
and,
On page 18, subsection 3.2.2.a, by striking the
language “Is not a person of good moral character or repute” and inserting in
lieu thereof the following:
“Has not been convicted of a felony in the
previous five years before the date of application, has not been convicted of a
crime involving fraud, dishonesty, or deceit in the previous five years before
application, and has not been convicted of a felony crime for violating
alcohol-related distribution laws in the previous five years” and
On page 18, subdivision 3.2.2.d, by striking “has the
general reputation of drinking alcoholic beverages or nonintoxicating to
excess, or is addicted to the use of controlled substances;” in its entirety
and renumbering the remaining subdivisions as appropriate, and
On page 18, subdivision 3.2.3.b, by striking out the
words “moral turpitude” and inserting in lieu thereof the following:
“fraud, dishonesty, or deceit” and,
On page 20, subsection 3.2.6, by striking the words
“or its officers and directors who have been convicted of a felony or a crime
involving moral turpitude” and,
On page 23, subdivision 3.4.6.c.1, by striking the
following: “(which does not include a metal crowler that is canned)” and,
On page 23, subdivision 3.4.6.c.2.B, by striking the
new language “110%” and inserting in lieu thereof the “the required”
and,
On page 26, subdivision 3.4.6.e.5, by adding after
the word “requirements” the following:
“ – The delivery person must permit only the
person who placed the delivery order through telephone order, mobile ordering
application, or web-based software to accept the prepared food or meal and a
craft cocktail growler delivery. The delivery person must verify the person’s
age using the person’s legal identification. The delivery must otherwise comply
with W. Va. Code §60-7-8f(f).” And,
On page 26, by striking out subdivision 3.4.6.e.5.A
in its entirety, and,
On page 26, by striking out subdivision 3.4.6.e.5.A.i
in its entirety, and,
On page 26, by striking out subdivision
3.4.6.e.5.A.ii in its entirety, and,
On page 26 and continuing through page 27, by
striking out subdivision 3.4.6.e.5.A.iii in its entirety, and,
On page 27, by striking out subdivision 3.4.6.e.5.B
in its entirety, and,
On page 27, subdivision 3.4.6.e.6.B, after the words
“transportation permit” by striking out “and pay the transportation permit
fee, $10 for the first transporting vehicle and a one dollar for every
transporting vehicle thereafter,” and
On page 28, subdivision 3.4.11.a, by striking out the
word “limited” and striking out the words “(ex. Recorded music or limited live
music, such as a solo musician, for ambiance)” and
On page 28, subdivision 3.4.11.a, by striking out
after the words “outdoor dining area” the comma and “however, in the
Commissioner’s determination, any entertainment or alcohol beverage service
that has the appearance or function as a festival, event, concert, or in any
other manner exceeds what is necessary for private outdoor dining, then such
entertainment or alcoholic beverage service shall be denied” and inserting in
lieu thereof the following:
“The Commissioner may determine not to authorize
entertainment but must provide a written statement indicating why such
entertainment is not authorized” and,
On page 28, subdivision 3.4.11.b, by striking out the
word “limited” and striking out the words “(ex. Recorded music or limited live
music, such as a solo musician, for ambiance)” and,
On page 28, subdivision 3.4.11.b, by striking out
after the words “outdoor street dining area” the comma and “however, in the
Commissioner’s determination, any entertainment or alcohol beverage service
that has the appearance or function as a festival, event, concert, or in any other
manner exceeds what is necessary for private outdoor dining, then such
entertainment or alcoholic beverage service shall be denied” and inserting in
lieu thereof the following:
“The Commissioner may determine not to authorize
entertainment but must provide a written statement indicating why such
entertainment is not authorized.”
(b) The Legislature
directs the Alcohol Beverage Control Commission to amend the legislative rule
filed in the State Register on June 23, 2008, authorized under the authority of
§60-2-16 of this code, relating to the Alcohol Beverage Control Commission
(Bailment Policies and Procedures, 175 CSR 06) with the amendment set forth
below:
On page nine, subsection 11.1, by striking “The
amount of such charges will be imposed by administrative notices filed in the
State Register.”; and inserting in lieu thereof the following:
“The amount of such charges will be approved by the
Legislature, pursuant to W. Va. Code §29A-3-1, then filed in the State
Register.”
(c) The legislative rule
filed in the State Register on July 28, 2021, authorized under the authority of
§11-16-22 of this code, modified by the Alcohol Beverage Control Commission to
meet the objections of the Legislative Rule-Making Review Committee and refiled
in the State Register on December 20, 2021, relating to the Alcohol Beverage
Control Commission (Nonintoxicating Beer Licensing and Operations Procedures, 176 CSR 01), is authorized with the
following amendments:
On page 8, subdivision 3.1.b, by striking out the word “credit”
and
On page 8, subdivision 3.1.e, by striking out the words “being a
suitable person, being of good morals and character” and inserting in lieu
thereof:
“not have been convicted of a felony in the previous five
years before application, not have been convicted of a crime involving fraud,
dishonesty, and deceit in the previous five years before application, not have
been convicted of a felony crime for violating alcohol-related distribution laws
in the previous five years before application” and
On page 12, section 3.4, by striking the section heading “3.4.a”
and the section headings for “3.4.b” and “3.4.c” and renumbering those section
accordingly, and
On page 13 and continuing to page 14, subdivision 3.6.b.1, after
the word “citizen”, by striking, “and a person of good moral character” and
inserting in lieu thereof:
“and has not been convicted of a felony in the previous five
years before application, has not been convicted of a crime involving fraud,
dishonesty, and deceit in the previous five years before application, and has
not been convicted of a felony crime for violating alcohol-related distribution
laws in the previous five years before application.” And
On page 14, subdivision 3.6.3.e.3.B by adding the word “and”
at the end of the sentence and entering down to create a new subdivision as
follows:
“3.6.e.3.C. that this requirement does not apply to a school
or church that has notified the Commissioner, in writing, that it has not
objection to the location of a proposed business;” and,
On page 15, subsection 3.6.j, by striking out the words “are
suitable persons of good reputation and morals to be licensed” and inserting in
lieu thereof:
“have not been convicted of a felony in the previous five
years before application, have not been convicted of a crime involving fraud,
dishonesty, or deceit in the previous five years before application, and have
not been convicted of a felony crime violating alcohol-related distribution laws
in the previous five years before application to be licensed;” and,
On page 15, subdivision 3.8.c by striking out the words “is an
unsuitable person to be licensed” and inserting in lieu thereof the following:
“has not been convicted of a felony in the previous five years
before application, has not been convicted of a crime involving fraud,
dishonesty, or deceit in the previous five years before application, and has
not been convicted of a felony crime violating alcohol-related distribution
laws in the previous five years before application to be licensed” and
On page 19, subdivision 3.11.f.6, by adding after the colon the
following:
“The delivery person may only permit the person who placed the
order through a telephone, mobile ordering application, or web-based software
to accept the delivery of food and nonintoxicating beer or nonintoxicating
craft beer and the delivery driver must verify the person’s legal
identification to ensure the person accepting the delivery is at least 21 years
of age. A record of the delivery and of verifying the person’s identification
must be created and retained for at least 3 years.” And,
On page 19 by deleting subdivision 3.11.f.6.A in its entirety,
and
On page 19 by deleting subdivision 3.11.f.6.A.i in its entirety,
and
On page 19 by deleting subdivision 3.11.f.6.A.ii in its entirety,
and
On page 19 by deleting subdivision 3.11.f.6.A.iii in its
entirety, and
On page 19, by deleting subdivision 3.11.f.6.B in its entirety,
and
On page 19, by deleting subdivision 3.11.f.6.C in its entirety,
and
On page 19 and page 20 by renumbering subdivision 3.11.f.6.D and
subdivision 3.11.f.6.E, to 3.11.f.6.A and 3.11.f.6.B respectively.
On page 21, subdivision 3.11.g.6. by adding after the colon the
following:
“The delivery person may only permit the person who placed the
order through a telephone, mobile ordering application, or web-based software
to accept the delivery of food and nonintoxicating beer or nonintoxicating
craft beer and the delivery driver must verify the person’s legal
identification to ensure the person accepting the delivery is at least 21 years
of age. A record of the delivery and of verifying the person’s identification
must be created and retained for at least 3 years.” And,
On page 21, by deleting subdivision 3.11.g.6.A in its entirety,
and
On page 21, by deleting subdivision 3.11.g.6.A.i in its entirety,
and
On page 21, by deleting subdivision 3.11.g.6.A.ii in its
entirety, and
On page 21, by deleting subdivision 3.11.g.6.A.iii in its entirety,
and
On page 21, by renumbering subdivision 3.11.g.6.B and 3.11.g.6.C
to 3.11.g.6.A and 3.11.g.6.B, respectively, and
On page 22, subdivision 3.11.h.3, by striking the word “limited”
and striking, after the comma “like recorded music for ambiance” and inserting,
after the comma, in lieu thereof the following:
“however, if the Commissioner denies entertainment the
Commissioner must provide an explanation for denying such entertainment.”
And
On page 22, subdivision 3.11.i.3, by striking the word “limited”
and striking, after the comma, “like recorded music for ambiance” and
inserting, after the comma, in lieu thereof the following:
“however, if the Commissioner denies entertainment the
Commissioner must provide an explanation for denying such entertainment.”
And
On page 23, subdivision 3.11.k.3.B, by adding after the words “or
home brewer’s license” a comma and the following “if applicable” and,
On page 24, subdivision 3.11.k.4.C by adding after the word
Commissioner a comma and the following: “except that if an unlicensed brewer
is licensed in its domicile state and is in good standing, no criminal
background checks may be required for the temporary one-day license.”
On page 24, subdivision 3.12.d, by striking the word “suitable”
and,
On page 25, subdivision 3.12.d.6 by striking everything and
inserting in lieu thereof:
“has not been convicted of a felony in the previous five years
before application, has not been convicted of a crime involving fraud,
dishonesty, or deceit in the previous five years before application, and has
not been convicted of a felony crime violating alcohol-related distribution
laws in the previous five years before application;” and,
On page 26, subdivision 3.14.b by adding, after the words “bond
forfeiture” a comma and the words “if applicable,” and
On page 31, subdivision 6.1.b, by striking the words “known to be
insane or known to be a habitual drunkard” and inserting in lieu thereof: “known
to be mentally incompetent”
§64-7-2.
Insurance Commission.
(a) The legislative rule
filed in the State Register on July 8, 2021, authorized under the authority of
§33-12B-12 of this code, relating to the Insurance Commission (Continuing
Education for Individual Insurance Producers and Individual Insurance
Adjusters, 114 CSR 42), is authorized.
(b) The legislative rule
filed in the State Register on March 31, 2021, authorized under the authority
of §33-7-9 of this code, relating to the Insurance Commission (Adoption of
Valuation Manual, 114 CSR 98), is authorized.
(c) The legislative rule
filed in the State Register on July 27, 2021, authorized under the authority of
§33-51-8 of this code, relating to the Insurance Commission (Pharmacy Auditing
Entities and Pharmacy Benefit Managers, 114 CSR 99), is authorized.
(d) The legislative rule
filed in the State Register on July 8, 2021, authorized under the authority of
§33-4-15a of this code, relating to the Insurance Commission (Term and
Universal Life Insurance Reserve Financing, 114 CSR 102), is authorized.
(e) The legislative rule
filed in the State Register o July 9, 2021, authorized under the authority of
§51-10-8 of this code, modified by the Insurance Commission to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on August 24, 2021, relating to the Insurance Commission (Bail
Bondsmen in Criminal Cases, 114 CSR 103), is authorized.
§64-7-3. Lottery Commission
(a) The legislative rule
filed in the State Register on July 7, 2021, authorized under the authority of
§29-22-5 of this code, modified by the Lottery Commission to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on September 27, 2021, relating to the Lottery Commission (West
Virginia Lottery State Lottery Rules, 179 CSR 01), is authorized.
(b) The legislative rule
filed in the State Register on July 8, 2021, authorized under the authority of
§29-22B-402 of this code, modified by the Lottery Commission to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on September 27, 2021, relating to the Lottery Commission (West
Virginia Lottery Limited Video Lottery Rule, 179 CSR 05), is authorized.
§64-7-4. Racing Commission.
(a) The legislative rule
filed in the State Register on July 28, 2021, authorized under the authority of
§19-23-6 of this code, modified by the Racing Commission to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 8, 2021, relating to the Racing Commission
(Thoroughbred Racing, 178 CSR 01), is authorized.
(b) The legislative rule
filed in the State Register on April 30, 2021, authorized under the authority
of §19-23-6 of this code, relating to the Racing Commission (Pari-Mutuel
Wagering, 178 CSR 05), is authorized.
§64-7-5. Tax Department.
(a) The legislative rule
filed in the State Register on July 30, 2021, authorized under the authority of
§11-1C-10 of this code, relating to the Tax Department (Valuation of Producing
and Reserve Oil, Natural Gas Liquids, and Natural Gas for Ad Valorem Property
Tax Purposes, 110 CSR 01J), is not authorized.
(b) The legislative rule
filed in the State Register on July 8, 2021 authorized under the authority of
§11-13KK-13 of this code, modified by the State Tax Department to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on September 7, 2021 relating to the State Tax Department (West
Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and
Ammunition Manufacturers, 110 CSR 13KK), is authorized.
(c) The legislative rule
filed in the State Register on June 30, 2021, authorized under the authority of
§11-15-9s of this code, modified by the Tax Department to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the State
Register on September 21, 2021, relating to the Tax Department (Sales Tax
Holiday, 110 CSR 15F), is authorized.
(d) The legislative rule
filed in the State Register on July 8, 2021, authorized under the authority of
§11-15-9t of this code, modified by the State Tax Department to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on September 7, 2021, relating to the State Tax Department
(Exemption for Repair, Remodeling, and Maintenance of Aircraft, 110 CSR 15L), is authorized.
(e) The legislative rule
filed in the State Register on July 8, 2021, authorized under the authority of
§11-15A-8 of this code, relating to the Tax Department (Vendor Absorption or
Assumption of Sales and Use Tax, 110 CSR 15M), is authorized.
(f) The
legislative rule filed in the State Register on July 8, 2021, authorized under
the authority of §11-15A-8 of this code, relating to the Tax Department
(On-line Bingo and Raffles, 110 CSR 16A), is authorized with the
following amendments:
On page four, subsection 8.1,
by striking out the words “A licensee may only use bingo equipment or
raffle equipment,” and inserting in lieu thereof the words “A bingo licensee
may use only bingo equipment,”;
On page four, after subsection 8.1, by adding a new
subsection 8.2 to read as follows:
8.2. A raffle licensee may use only raffle
equipment, including software or programming for conducting raffles on-line
over the Internet, which the licensee owns or which it borrows without
compensation, or leases for a reasonable and customary amount from a wholesaler
or distributor of raffle boards and games licensed under W. Va. Code §47-23-3.
And,
By renumbering the remaining subsections.
(g) The legislative rule filed in the State Register
on July 27, 2021, authorized under the authority of §11-24-6b of this code,
modified by the Tax Department to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on September 21,
2021, relating to the Tax Department (Corporation Net Income Tax, 110 CSR 24), is authorized
The bill was then ordered to third reading.
Com. Sub. for S. B. 334, Authorizing
miscellaneous agencies and boards to promulgate rules; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on
Government Organization and sponsored by Delegate Foster, was reported by the
Clerk on page one, by striking out everything after the enacting clause and
inserting in lieu thereof the following:
“ARTICLE
9. Authorization for miscellanous agencies and boards to promulgate legislative
rules.
§64-9-1.
Commissioner of Agriculture.
(a) The legislative rule filed in the State Register
on July 19, 2021, authorized under the authority of §19-9A-7 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 5, 2021, relating to the Commissioner of Agriculture (Feeding of
Untreated Garbage to Swine, 61 CSR 01A), is authorized.
(b) The legislative rule filed in the State Register
on July 26, 2021, authorized under the authority of §19-14-3 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
January 3, 2022, relating to the Commissioner of Agriculture (Commercial Feed,
61 CSR 05), is authorized with the
amendment set forth below:
On page 14, subsection 11.4, after the word “may” by
deleting the word “NOT”.
(c) The legislative rule filed in the State Register
on July 28, 2021, authorized under the authority of §19-11A-10 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
August 31, 2021, relating to the Commissioner of Agriculture (Enrichment of
Flour and Bread Law Regulations, 61 CSR 07), is authorized.
(d) The legislative rule filed in the State Register
on July 28, 2021, authorized under the authority of §19-16-7 of this code,
relating to the Commissioner of Agriculture (Fruits and Vegetables:
Certification of Potatoes for Seedling Purposes, 61 CSR 08C), is authorized.
(e) The legislative rule filed in the State Register
on July 29, 2021, authorized under the authority of §19-37-3 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 5, 2021, relating to the Commissioner of Agriculture (Fresh Food Act, 61 CSR 10), is authorized.
(f) The legislative rule filed in the State Register
on July 29, 2021, authorized under the authority of §19-2C-3a of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 5, 2021, relating to the Commissioner of Agriculture (Auctioneers, 61 CSR 11B), is authorized, with the
following amendments:
On page 8, subdivision 16.1, by striking “two hundred
dollars ($200)” and inserting in lieu thereof “$60” and,
On page 8 subdivision 16.3, by striking “two hundred
dollars ($200)” and inserting in lieu thereof “$60” and,
On page 9, subdivision 16.6 by striking “two hundred
dollars ($200)” and inserting in lieu thereof “$60” and,
On page 9, subdivision 16.7, by striking “two hundred
dollars ($200)” and inserting in lieu thereof “$60”
(g) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §19-12E-7 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 5, 2021, relating to the Commissioner of Agriculture (Hemp Products, 61 CSR 30), is authorized.
(h) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §19-1C-4 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
January 3, 2022, relating to the Commissioner of Agriculture (Livestock Care
Standards , 61 CSR 31), is authorized with the
amendments set forth below:
On page 2, subsection 2.15, by striking out “2018”
and inserting in lieu thereof “2020”;
On page 6, subdivision 13.2.a., by striking out the
“5” and inserting in lieu thereof a “9”;
On page 7, subsection 13.12., by striking out the
word “and”;
On page 7, subsection 13.13., by striking out the
period and inserting in lieu thereof a semicolon and the word “or”;
On page 7, after subsection 13.13, by adding a new
subsection 13.14. to read as follows:
“13.14. Any other widely accepted practices.”;
On page 9, subdivision 14.4.p., by striking out the
word “and”;
On page 9, subdivision 14.4.q., by striking out the
period and inserting in lieu thereof a semicolon and the word “or”;
On page 9, after subdivision 14.4.q., by adding a new
subdivision 14.q.r. to read as follows:
“14.q.r. Any other widely accepted practices.”;
On page 11, subdivision 15.6.j., by striking out the
word “and”;
On page 11, subdivision 15.6.k., by striking out the
period and inserting in lieu thereof a semicolon and the word “or”;
On page 11, after subdivision 15.6.k. by adding a new
subdivision 16.6.l. to read as follows:
“16.6.l. Any other widely accepted practices.”;
On page 12, paragraph 16.2.a.6., by striking out the
word “and”;
On page 12, paragraph 16.2.a.7., by striking out the
period and inserting in lieu thereof a semicolon and the word “or”;
On page 12, after paragraph 14.2.a.7., by adding a
new paragraph 16.2.a.8. to read as follows:
“16.2.a.8. Any other widely accepted practices.”;
On page 12, paragraph 16.2.b.7., by striking out the
word “and”;
On page 12, paragraph 16.2.b.8., by striking out the
period and inserting in lieu thereof a semicolon and the word “or”;
On page twelve, after paragraph 16.2.b.8. by adding a
new paragraph 16.2.b.9. to read as follows:
“16.2.b.9. Any other widely accepted practices.”;
On page 12, paragraph 16.2.c.2., by striking out the
word “and”;
On page 12, paragraph 16.2.c.3., by striking out the
period and inserting in lieu thereof a semicolon and the word “or”;
On page 12, after paragraph 16.2.c.3., by adding a
new paragraph 16.2.c.4. to read as follows:
“16.2.c.4. Any other widely accepted practices.”;
On page 13, subdivision 17.3.j., by striking out the
word “and”;
On page 13, subdivision 17.3.k., by striking out the
period and inserting in lieu thereof a semicolon and the word “or”;
On page 13, after subdivision 17.3.k., by adding a
new subdivision 17.3.l. to read as follows:
“17.3.l. Any other widely accepted practices.”;
On page 14, paragraph 18.3.d.2., by striking out the
word “and”;
On page 14, subdivision 18.3.e., by striking out the
period and inserting in lieu thereof a semicolon and the word “or”;
And,
On page 14, after subdivision 18.3.e., by adding a
new subsection 18.3.f., to read as follows:
“18.3.f. Any other widely accepted practices.”
(i) The legislative rule filed in the State Register
on July 27, 2021, authorized under the authority of §19-1-11 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 5, 2021, relating to the Commissioner of Agriculture (Rural
Rehabilitation Program, 61 CSR 33), is authorized.
(j) The legislative rule filed in the State Register
on July 19, 2021, authorized under the authority of §11-13DD-5 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 5, 2021, relating to the Commissioner of Agriculture (Farm-to-Food Bank
Tax Credit, 61 CSR 36), is authorized.
(k) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §19-35-4 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 5, 2021, relating to the Commissioner of Agriculture (Farmers Markets,
61 CSR 38), is authorized with the
amendments set forth below:
On page 11, subdivision 8.1.d by striking out the
words “holding a Food Handler’s Card;
And,
On page 11, subdivision 8.1.d, after the word
“completed” by inserting the words “Better Process Control School or”.
(l) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §19-16-6 of this code,
modified by the Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 6, 2021, relating to the Commissioner of Agriculture (Seed
Certification, 61 CSR 39), is authorized.
§64-9-2. State Auditor.
(a) The legislative rule filed in the State Register
on January 3, 2022, authorized under the authority of §11-8-9 of this code,
modified by the Auditor to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on January 10, 2022,
relating to the Auditor (Procedure for Local Levying Bodies to Apply for
Permission to Extend Time to Meet as Levying Body, 155 CSR 08), is authorized.
(b) The legislative rule filed in the State Register
on September 13, 2021, authorized under the authority of §12-4-14 of this code,
modified by the Auditor to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on January 3, 2022, relating
to the Auditor (Accountability Requirements for State Funds and Grants, 155 CSR 09), is authorized.
§64-9-3.
West Virginia Board of Chiropractic Examiners.
(a) The Legislature
directs the West Virginia Board of Chiropractic Examiners to amend the
legislative rule filed in the State Register on April 1, 2014, authorized under
the authority of §30-16-5 of this code, relating to the West Virginia Board of
Chiropractic Examiners (Fees Established by the Board, 4 CSR 06) with the
amendments set forth below:
On page one, after subsection 1.4., by adding a new
subsection 1.5. to read as follows:
“1.5. Sunset Provision. — This rule shall terminate
and have no further force or effect on August 1, 2027.”;
On page one, subdivision 6.2.1, after the words “in
West Virginia is,” by striking out “$300”, and inserting in lieu thereof
“$261”;
On page one, subdivision 6.2.1.,after the words
“chiropractors is,” by striking out “$150” and inserting in lieu thereof
“$130”;
On page one, subdivision 6.2.2 by striking out
“$200”, and inserting in lieu thereof “$175”;
On page one, subdivision 6.2.3
by striking out “$200”, and inserting in lieu thereof “$175”;
On page one, subdivision 6.2.4, after the words
“articles of incorporation,” by striking out “$150”, and inserting in lieu
thereof “$130”;
On page one, subdivision 6.2.4., after the words
“limited liability company is,” by striking out “$150”, and inserting in lieu
thereof “$130”;
One page one, subdivision 6.2.4., after the words
“annual renewal fee of,” by striking out “$150”, and inserting in lieu thereof
“$130”;
On page one, subdivision 6.2.5, after the words
“examination fee is,” by striking out “$150”, and inserting in lieu thereof
“$130”;
On page one, subdivision 6.2.5., after the words “and
a fee of,” by striking out “$50” and inserting “$45.”;
On page one, subdivision 6.2.6 by striking out “$50”,
and inserting in lieu thereof “$45”;
On page one, subdivision 6.2.7 by striking out
“$100”, and inserting in lieu thereof “$87”;
On page one, subdivision 6.2.8 by striking out “$50”,
and inserting in lieu thereof “$45”;
And,
On page one, subdivision 6.2.2 by striking out
“$250”, and inserting in lieu thereof “$218”;
(b) The legislative rule
filed in the State Register on July 13, 2021, authorized under the authority of
§30-16-5 of this code, modified by the West Virginia Board of Chiropractic
Examiners to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on December 15, 2021, relating to
the West Virginia Board of Chiropractic Examiners (Chiropractic Telehealth
Practice, 4 CSR 09), is authorized.
§64-9-4.
West Virginia Contractor Licensing Board.
The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-42-5 of this code,
modified by the West Virginia Contractor Licensing Board to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the State
Register on December 9, 2021, relating to the West Virginia Contractor
Licensing Board (Contractor Licensing Act, 28 CSR 02), is authorized with the
amendment set forth below:
On page 1, subsection 3.2, after the word “public.”
by adding a new sentence to read as follows: “If a contractor maintains an
internet website, any advertisement by the contractor may direct potential
customers to the contractor’s online landing page for a link to the information
required by W. Va. Code §30-42-6(b).”
§64-9-5.
West Virginia Board of Examiners in Counseling.
(a) The legislative rule filed in the State Register
on July 29, 2021, authorized under the authority of §30-31-6 of this code,
modified by the West Virginia Board of Examiners in Counseling to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 13, 2021, relating to the West Virginia Board of
Examiners in Counseling (Licensing Rule, 27 CSR 01), is authorized.
(b) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-31-6 of this code, modified
by the West Virginia Board of Examiners in Counseling to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the State Register
on December 13, 2021, relating to the West Virginia Board of Examiners in
Counseling (Licensed Professional Counselors Fees Rule, 27 CSR 02), is authorized.
(c) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-31-6 of this code,
modified by the West Virginia Board of Examiners in Counseling to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 13, 2021, relating to the West Virginia Board of
Examiners in Counseling (Marriage and Family Therapist Licensing Rule, 27 CSR 08), is authorized.
(d) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-31-6 of this code,
modified by the West Virginia Board of Examiners in Counseling to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 13, 2021, relating to the West Virginia Board of Examiners
in Counseling (Marriage and Family Therapist Fees Rule, 27 CSR 09), is authorized.
§64-9-6. Dangerous Wild Animal Board.
The legislative rule filed in the State Register on
April 5, 2021, authorized under the authority of §19-34-3 of this code,
relating to the Dangerous Wild Animal Board (Dangerous Wild Animal, 74 CSR 01), is authorized.
§64-9-7. West Virginia Board of Dentistry.
(a) The legislative rule filed in the State Register
on July 26, 2021, authorized under the authority of §30-4-6 of this code,
modified by the West Virginia Board of Dentistry to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 17, 2021, relating to the West Virginia Board of Dentistry (Rule for
the West Virginia Board of Dentistry, 5 CSR 01), is authorized with the
amendments set forth below:
On page 2, subsection 3.3, after the words
“certification of the dean of the dental school” by inserting the words “or
program director of a dental residency program”;
On page 2, subsection 3.3, after the word “staff at
that school” by inserting the words “or program”;
On page 2, subsection 3.3, after the words “dental
school dean” by inserting the words “or program director of a dental residency
program”;
On page 2, subsection 3.3, after the words “location
of the dental school” by inserting the words “or program”;
And,
On page 2, subsection 3.3, after the word “functions
in the dental school” by inserting the words “or program”.
(b) The legislative rule filed in the State Register
on July 26, 2021, authorized under the authority of §31B-13-1304 of this code,
modified by the West Virginia Board of Dentistry to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 17, 2021, relating to the West Virginia Board of Dentistry (Formation
and Approval of Professional Limited Liability Companies, 5 CSR 02), is authorized.
(c) The Legislature directs
the West Virginia Board of Dentistry to amend the legislative rule filed in the
State Register on May 1, 2014, authorized under the authority of §30-4-6 of
this code, relating to the West Virginia Board of Dentistry (Fees Established
by the Board, 5 CSR 03) with the amendments set forth below:
On page one, after subsection 1.4., by adding a new
subsection 1.5. to read as follows:
“1.5. Sunset Provision. – This
rule shall terminate and have no further force or effect on August 1, 2027.”;
On page one, subsection 2.1 by striking out
“$185.00”, and inserting in lieu thereof “$167.00”;
On page one, subsection 2.2 by striking out “$20.00”,
and inserting in lieu thereof “$18.00”;
On page one, subsection 2.3 by striking out “$200.00”,
and inserting in lieu thereof “$180.00”;
On page one, subsection 2.4 by striking out
“$200.00”, and inserting in lieu thereof “$180.00”;
On page one, subsection 2.5 by striking out
“$200.00”, and inserting in lieu thereof “$180.00”;
On page one, subsection 2.6 by
striking out “$50.00”, and inserting in lieu thereof “$45.00”;
On page one, subsection 2.7 by striking out
“$185.00”, and inserting in lieu thereof “$167.00”;
On page one, subsection 3.1 by striking out
“$300.00”, and inserting in lieu thereof “$270.00”;
On page one, subsection 4.1 by striking out “$75.00”,
and inserting in lieu thereof “$68.00”;
On page one, subsection 4.2 by striking out “$20.00”,
and inserting in lieu thereof “$18.00”;
On page one, subsection 4.3 by striking out “$100.00”,
and inserting in lieu thereof “$90.00”;
On page one, subsection 4.4 by striking out “$100.00”, and inserting in
lieu thereof “$90.00”;
On page one, subsection 4.5 by striking out
“$100.00”, and inserting in lieu thereof “$90.00”;
On page two, subsection 4.6 by striking out “$50.00”,
and inserting in lieu thereof “$45.00”;
On page two, subsection 4.7 by striking out “$75.00”,
and inserting in lieu thereof “$68.00”;
On page two, subsection 4.8 by striking out “$65.00”,
and inserting in lieu thereof “$59.00”;
On page two, subsection 4.9 by striking out “$50.00”,
and inserting in lieu thereof “$45.00”;
On page two, subsection 4.10 by striking out
“$50.00”, and inserting in lieu thereof “$45.00”;
On page two, subsection 4.11 by striking out
“$25.00”, and inserting in lieu thereof “$23.00”;
On page two, subsection 4.12 by striking out
“$100.00”, and inserting in lieu thereof “$90.00”;
On page two, subsection 4.13 by striking out
“$25.00”, and inserting in lieu thereof “$23.00”;
On page two, subsection 4.14 by striking out
“$25.00”, and inserting in lieu thereof “$23.00”;
On page two, subsection 4.15 by striking out
“$50.00”, and inserting in lieu thereof “$45.00”;
On page two, subsection 4.16 by striking out
“$25.00”, and inserting in lieu thereof “$23.00”;
On page two, subsection 5.1 by striking out “$25.00”,
and inserting in lieu thereof “$23.00”;
On page two, subsection 5.2 by striking out “$25.00”,
and inserting in lieu thereof “$23.00”;
On page two, subsection 6.1 by striking out
“$250.00”, and inserting in lieu thereof “$225.00”;
On page two, subsection 6.2 by striking out
“$150.00”, and inserting in lieu thereof “$135.00”;
On page two, subsection 6.3 by striking out “$25.00”,
and inserting in lieu thereof “$23.00”;
On page two, subsection 7.1 by striking out “$50.00”,
and inserting in lieu thereof “$45.00”;
On page two, subsection 7.2 by striking out “$15.00”,
and inserting in lieu thereof “$14.00”;
On page two, subsection 7.3 by striking out
“$900.00”, and inserting in lieu thereof “$810.00”;
On page two, subsection 7.4 by striking out
“$300.00”, and inserting in lieu thereof “$270.00”;
On page two, subsection 7.5 by striking out “$50.00”,
and inserting in lieu thereof “$45.00”;
On page three, subsection 7.6 by striking out
“$25.00”, and inserting in lieu thereof “$23.00”;
On page three, subsection 7.7 by striking out
“$200.00”, and inserting in lieu thereof “$180.00”;
On page three, subsection 8.1 by striking out
“$250.00”, and inserting in lieu thereof “$225.00”;
On page three, subsection 8.2 by striking out
“$175.00”, and inserting in lieu thereof “$158.00”;
On page three, subsection 8.3 by striking out
“$25.00”, and inserting in lieu thereof “$23.00”;
On page three, subsection 9.1 by striking out
“$1,500.00”, and inserting in lieu thereof “$1,350.00”;
On page three, subsection 9.2 by striking out
“$250.00”, and inserting in lieu thereof “$225.00”;
On page three, subsection 9.3 by striking out
“$1,000.00”, and inserting in lieu thereof “$900.00”;
On page three, subsection 9.4 by striking out
“$250.00”, and inserting in lieu thereof “$225.00”;
On page three, subsection 9.5 by striking out
“$500.00”, and inserting in lieu thereof “$450.00”;
On page three, subsection 9.6 by striking out
“$50.00”, and inserting in lieu thereof “$45.00”;
On page three, subsection 9.7 by striking out
“$250.00”, and inserting in lieu thereof “$225.00”;
On page three, subsection 9.8 by striking out
“$50.00”, and inserting in lieu thereof “$45.00”;
On page three, subsection 10.1 by striking out
“$25.00”, and inserting in lieu thereof “$23.00”;
On page three, subsection 10.2 by striking out
“$25.00”, and inserting in lieu thereof “$23.00”;
On page three, subsection 10.3 by striking out
“$100.00”, and inserting in lieu thereof “$90.00”;
On page three, subsection 10.6 by striking out
“$100.00”, and inserting in lieu thereof “$90.00”;
And,
On page three, subsection 10.7 by striking out
“$200.00”, and inserting in lieu thereof “$180.00”.
(d) The legislative rule filed in the State Register on
July 26, 2021, authorized under the authority of §30-4-6 of this code, modified
by the West Virginia Board of Dentistry to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 17, 2021, relating to the West Virginia Board of Dentistry (Formation
and Approval of Dental Corporation and Dental Practice Ownership, 5 CSR 06), is authorized.
(e) The legislative rule filed in the State Register
on July 26, 2021, authorized under the authority of §30-4-6 of this code,
modified by the West Virginia Board of Dentistry to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 17, 2021, relating to the West Virginia Board of Dentistry
(Continuing Education Requirements, 5 CSR 11), is authorized.
(f) The legislative rule filed in the State Register
on July 26, 2021, authorized under the authority of §30-4-6 of this code,
modified by the West Virginia Board of Dentistry to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 20, 2021, relating to the West Virginia Board of Dentistry
(Administration of Anesthesia by Dentists, 5 CSR 12), is authorized.
(g) The legislative rule filed in the State Register
on July 26, 2021, authorized under the authority of §30-4-6 of this code,
modified by the West Virginia Board of Dentistry to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 20, 2021, relating to the West Virginia Board of Dentistry (Expanded
Duties of Dental Hygienists and Dental Assistants, 5 CSR 13), is authorized.
(h) The legislative rule filed in the State Register
on July 26, 2021, authorized under the authority of §30-4-6 of this code,
modified by the West Virginia Board of Dentistry to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
December 13, 2021, relating to the West Virginia Board of Dentistry
(Teledentistry, 5 CSR 16), is authorized.
§64-9-8.
West Virginia Board of Licensed Dietitians.
The Legislature directs the West Virginia Board of
Licensed Dietitians to amend the legislative rule filed in the State Register
on March 26, 2020, authorized under the authority of §30-35-4 of this code,
relating to the West Virginia Board of Licensed Dietitians (Licensure and
Renewal Requirements, 31 CSR 01) with the amendments set forth below:
On page one, subsection 1.5 by striking out “March
26, 2030”, and inserting in lieu thereof “August 1, 2030”
On page two, paragraph 4.1.2.1 by striking out
“$75.00”, and inserting in lieu thereof “$69.00”;
On page two, paragraph 4.1.2.2 by striking out
“$75.00”, and inserting in lieu thereof “$69.00”;
On page two, paragraph 4.1.2.3 by striking out
“$50.00”, and inserting in lieu thereof “$46.00”;
And,
On page two, subsection 31.6.3 by striking out
“$50.00”, and inserting in lieu thereof “$46.00”.
§64-9-9.
West Virginia Board of Professional Engineers.
The Legislature directs the
West Virginia Board of Professional Engineers to amend the legislative rule
filed in the State Register on March 30, 2020, authorized under the authority
of §30-13-9 of this code, relating to the West Virginia Board of Professional
Engineers (Examination, Licensure and Practice of Professional Engineers, 7 CSR
01) with the amendments set forth below:
On page one, subsection 1.5., by striking “April 1,
2030” and inserting in lieu thereof “August 1, 2030”;
On page eighteen, by striking all of subsection 13.4,
and inserting in lieu thereof a new subsection 13.4 to read as follows:
“13.4. Fee Amounts.
The fees for various services provided by Board are:
Engineering Intern
Application Fee $23.00
Examination Fee As
charged by NCEES
Professional Engineer
Application Fee $72.00
Examination Fee As
charged by NCEES
Re-examination Fee As
charged by NCEES
Certificate Fee $23.00
Comity Application Fee $135.00
Certificate of Authorization
Application Fee for Sole
Proprietor with no employees $
0.00
Application Fee for Firm with
three or fewer Professional
Engineers* $90.00
Application Fee for Firm with
four or more Engineers* $135.00
Two-Year Renewal Fee
Professional
Engineer $63.00
Professional
Engineer-Retired $27.00
COA for Sole
Proprietor with no
Employees $
0.00
COA for Firm with
three
Or fewer
Professional Engineers* $
90.00
COA for Firm with
four or more
Professional
Engineers* $450.00
Late Fee 25%
of fee
Reinstatement Applications
Professional
Engineer $167.00
COA for Sole
Proprietor with
No employees 0.00
COA for Firm with
three
or fewer engineers $180.00
COA for Firm with
four or more
Professional
Engineers* $630.00
PE or COA Roster
** $
23.00
Replacement
Certificates $
23.00
Returned Checks $
23.00
*Regardless of the PE’s state of registration or
licensure
**Available for free download on the Board website”
§64-9-10.
West Virginia Board of Funeral Service Examiners.
The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-6-6 of this code, modified
by the West Virginia Board of Funeral Service Examiners to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the State
Register on September 23, 2021, relating to the West Virginia Board of Funeral
Service Examiners (Fee Schedule , 6 CSR 07), is authorized.
§64-9-11.
West Virginia Massage Therapy Licensure Board.
The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-37-6 of this code,
modified by the West Virginia Massage Therapy Licensure Board to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on September 1, 2021, relating to the West Virginia Massage
Therapy Licensure Board (General Provisions, 194 CSR 01), is authorized with the
amendment set forth below:
On page 4, subdivision 4.1.h, after the words
“written medical directive” by inserting the words “prescribed by a medical
doctor, doctor of osteopathy, physician assistant, or an advanced practice
registered nurse”.
§64-9-12.
West Virginia Medical Imaging and Radiation Therapy Technology Board of
Examiners.
The Legislature directs the
West Virginia Board of Medical Imaging and Radiation Therapy Technology Board
of Examiners to amend the legislative rule filed in the State Register on March
30, 2020, authorized under the authority of §30-23-7 of this code, relating to
the West Virginia Medical Imaging and Radiation Therapy Technology Board of
Examiners (Medical Imaging Technologists, 18 CSR 01) with the amendments set
forth below:
On page one, subsection 1.5., by striking “March 30,
2035” and inserting in lieu thereof “August 1, 2035”;
On page 6, subdivision 4.7.a. by striking out
“$100.00” and inserting in lieu thereof “$92.00”;
On page 6, subdivision 4.7.b. by striking out
“$65.00” and inserting in lieu thereof “$60.00”;
On page 6, subdivision 4.7.c. by striking out
“$40.00” and inserting in lieu thereof “$37.00”;
On page 6, subdivision 4.7.f. by striking out
“$40.00” and inserting in lieu thereof “$37.00”;
On page 6, subdivision 4.7.j. by striking out
“$100.00” and inserting in lieu thereof “$92.00”;
On page 6, subdivision 4.7.k. by striking out
“$100.00” and inserting in lieu thereof “$92.00”;
On page 7, paragraph 4.8.a.1. by striking out
“$1000.00” and inserting in lieu thereof “$920.00”;
On page 7, paragraph 4.8.a.2. by striking out
“$1000.00” and inserting in lieu thereof “$920.00”;
On page 7, paragraph 4.8.a.3. by striking out
“$500.00” and inserting in lieu thereof “$460.00”;
And,
On page 7, paragraph 4.8.a.4. by striking out
“$500.00” and inserting in lieu thereof “$460.00”.
§64-9-13. West Virginia Board of Medicine.
(a) The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-3-7 of this code, relating
to the West Virginia Board of Medicine (Licensing and Disciplinary Procedures:
Physicians, Podiatric Physicians and Surgeons, 11 CSR 01A), is authorized.
(b) The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-3E-3 of this code,
modified by the West Virginia Board of Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
November 2, 2021, relating to the West Virginia Board of Medicine (Licensure,
Practice Requirements, Disciplinary and Complaint Procedures, Continuing
Education, Physician Assistants, 11 CSR 01B), is authorized.
(c) The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-3-7 of this code, modified
by the West Virginia Board of Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 25, 2021, relating to the West Virginia Board of Medicine (Dispensing
of Prescription Drugs by Practitioners, 11 CSR 05), is authorized.
(d) The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-3-7 of this code, relating
to the West Virginia Board of Medicine (Continuing Education for Physicians and
Podiatric Physicians, 11 CSR 06), is authorized.
(e) The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §60A-9-5a of this code, modified
by the West Virginia Board of Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
October 25, 2021, relating to the West Virginia Board of Medicine (Practitioner
Requirements for Accessing the West Virginia Controlled Substances Monitoring
Program Database, 11 CSR 10), is authorized.
(f) The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-3-7 of this code, modified
by the Board of Medicine to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on October 25, 2021,
relating to the West Virginia Board of Medicine (Establishment and Regulation
of Limited License to Practice Medicine and Surgery at Certain State Veterans
Nursing Home Facilities, 11 CSR 11), is authorized.
(g) The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-3E-3 of this code,
modified by the West Virginia Board of Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on October
25, 2021, relating to the West Virginia Board of Medicine (Registration to
Practice During Declared State of Emergency, 11 CSR 14), is authorized.
(h) The legislative rule filed in the State Register on
July 30, 2021, authorized under the authority of §30-3-7 of this code, modified
by the Board of Medicine to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on December 16, 2021, relating
to the Board of Medicine (Telehealth and Interstate Telehealth Registration
for Physicians, Podiatric Physicians and Physician Assistants, 11 CSR 15), is authorized with the amendment
set forth below:
On page 7, subsection 7.4, after the words, “standard
of care” by inserting the words, “with respect to an established patient”.
§64-9-14.
West Virginia Board of Osteopathic Medicine.
(a) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-14-14 of this code,
modified by the West Virginia Board of Osteopathic Medicine to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on September 24, 2021, relating to the West Virginia Board of
Osteopathic Medicine (Licensing Procedures for Osteopathic Physicians, 24 CSR 01), is authorized.
(b) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-3E-3 of this code,
modified by the West Virginia Board of Osteopathic Medicine to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the State
Register on September 29, 2021, relating to the West Virginia Board of
Osteopathic Medicine (Osteopathic Physician Assistants, 24 CSR 02), is authorized.
(c) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §60A-9-5a of this code,
modified by the West Virginia Board of Osteopathic Medicine to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on September 24, 2021, relating to the West Virginia Board of
Osteopathic Medicine (Practitioner Requirements for Controlled Substances
Licensure and Accessing the West Virginia Controlled Substances Monitoring
Program Database, 24 CSR 07), is authorized.
(d) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-14-14 of this code,
modified by the Board of Osteopathic Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
December 15, 2021, relating to the Board of Osteopathic Medicine (Telehealth
Practice and Interstate Telehealth Registration for Osteopathic Physicians and
Physician Assistants, 24 CSR 10), is authorized with the
amendment set forth below:
On page 7, subsection 7.4, after the words, “standard
of care” by inserting the words, “with respect to an established patient”.
§64-9-15.
West Virginia Board of Pharmacy.
(a) The legislative rule filed in the State Register
on July 21, 2021, authorized under the authority of §30-5-7 of this code,
modified by the West Virginia Board of Pharmacy to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 28, 2021, relating to the West Virginia Board of Pharmacy (Licensure
and Practice of Pharmacist Care, 15 CSR 01), is authorized.
(b) The legislative rule filed in the State Register
on July 21, 2021, authorized under the authority of §60A-9-6 of this code,
modified by the West Virginia Board of Pharmacy to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 28, 2021, relating to the West Virginia Board of Pharmacy (Controlled
Substances Monitoring Program, 15 CSR 08), is authorized.
(c) The legislative rule filed in the State Register
on July 21, 2021, authorized under the authority of §30-5-7 of this code,
modified by the West Virginia Board of Pharmacy to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 29, 2021, relating to the West Virginia Board of Pharmacy
(Regulations Governing Pharmacists, 15 CSR 16), is authorized.
§64-9-16.
West Virginia Board of Psychologists.
The Legislature directs the West Virginia Board of
Psychologists to amend the legislative rule filed in the State Register on
April 25, 2018, authorized under the authority of §30-21-6 of this code,
relating to the West Virginia Board of Psychologists (Fees, 17 CSR 01) with the
amendments set forth below:
One page one, subsection 1.5. by striking out “July
1, 2028”, and inserting in lieu thereof “August 1, 2028”;
On page one, subsection 2.1 by striking out
“$133.00”, and inserting in lieu thereof “$120.00”;
On page one, paragraph 2.2 by striking out “$100.00”,
and inserting in lieu thereof “$90.00”;
On page one, subdivision 2.2.1 by striking out
“$100.00”, and inserting in lieu thereof “$90.00”;
On page one, subdivision 2.3.1 by striking out
“$450.00”, and inserting in lieu thereof “$405.00”;
On page one, subdivision 2.3.2 by striking out
“$133.00”, and inserting in lieu thereof “$120.00”;
On page one, subdivision 2.2.3 by striking out
“$200.00”, and inserting in lieu thereof “$180.00”;
On page two, subdivision 2.3.4 by striking out
“$300.00”, and inserting in lieu thereof “$270.00”;
Strike the entirety of page two, subsection 2.5, and
renumber the remaining subsections;
On page two, subsection 2.6 by striking out “$78.00”,
and inserting in lieu thereof “$68.00”;
On page two, subdivision 2.7.1 by striking out
“$450.00”, and inserting in lieu thereof “$405.00”;
On page two, subdivision 2.7.2 by striking out
“$200.00”, and inserting in lieu thereof “$180.00”;
On page two, subsection 2.8 by striking out
“$133.00”, and inserting in lieu thereof “$120.00”;
On page two, subsection 2.9 by
striking out “$300.00”, and inserting in lieu thereof “$270.00”;
On page two, subsection 2.11 by striking out
“$100.00”, and inserting in lieu thereof “$90.00”;
On page two, subdivision
2.12.1 by striking out “$200.00”, and inserting in lieu thereof “$180.00”;
On page two, subdivision 2.12.2 by striking out
“$50.00”, and inserting in lieu thereof “$45.00”;
On page two, subsection 2.13 by striking out “$50.00”,
and inserting in lieu thereof “$45.00”;
On page two, subsection 2.14 by striking out
“$50.00”, and inserting in lieu thereof “$45.00”;
And,
On page two, subsection 2.15 by striking out
“$200.00”, and inserting in lieu thereof “$180.00”.
§64-9-17.
Public Service Commission.
The legislative rule filed in the State Register on
August 6, 2021, authorized under the authority of §24-2E-3 of this code,
modified by the Public Service Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
August 24, 2021, relating to the Public Service Commission (Rules Governing
the Occupancy of Customer-Provided Conduit, 150 CSR 37), is authorized.
§64-9-18.
West Virginia Real Estate Appraiser Licensing and Certification Board.
(a) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-38-9 of this code, modified
by the West Virginia Real Estate Appraiser Licensing and Certification Board
to meet the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on December 21, 2021, relating to the West
Virginia Real Estate Appraiser Licensing and Certification Board (Requirements
for Licensure and Certification, 190 CSR 02), is authorized with the
amendments set forth below:
On page twenty-five,
subdivision 10.2.a., by striking out “one hundred fifty dollars ($150)”, and
inserting in lieu thereof “$120”;
On page twenty-five, subdivision 10.2.b., by striking
out “two hundred sixty-five dollars ($265)”, and inserting in lieu thereof
“$210”;
On page twenty-five,
subdivision 10.2.c., by striking out “one hundred dollars ($100)”, and
inserting in lieu thereof “$80”;
On page twenty-five, subdivision 10.2.d., following
the words “temporary permit fee of” by striking out “two hundred fifty dollars
($250)”, and inserting in lieu thereof “$200”;
On page twenty-five, subdivision 10.2.d., following
the words “non-residential appraisal and,” and inserting in lieu thereof
“$200”;
On page twenty-six,
subdivision 10.2.e., by striking out “one hundred fifty dollars ($150)”, and
inserting in lieu thereof “$120”;
On page twenty-six, subdivision 10.2.f., by striking
out “four hundred sixty-five dollars ($465)”, and inserting in lieu thereof
“$375”;
On page twenty-six, subdivision 10.2.g., by striking
out “three hundred fifteen dollars ($315)”, and inserting in lieu thereof
“$250”;
On page twenty-six, subdivision 10.2.h., by striking
out “one hundred dollars ($100)”, and inserting in lieu thereof “$80”;
On page twenty-six, subdivision 10.2.j., by striking
out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;
On page twenty-six, subdivision 10.2.k., by striking
out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;
On page twenty-six, subdivision 10.2.l., by striking
out “one hundred ninety dollars ($190)”, and inserting in lieu thereof “$150”;
On page twenty-six, subdivision 10.2.m., by striking
out “twenty-five dollars ($25)”, and inserting in lieu thereof “$20”;
On page twenty-six, subdivision 10.2.n., by striking
out “Copy fees: fifty cents ($.50) per page”
On page twenty-six, subdivision 10.2.n., following
the words Administrative fee of,” striking “fifty cents ($.50),”
and inserting in lieu thereof “$.40”
On page twenty-six, subdivision 10.2.o., by striking
out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;
On page twenty-six,
subdivision 10.2.p., by striking out “one hundred fifty dollars ($150)”, and
inserting in lieu thereof “$120”;
On page twenty-six, subdivision 10.2.q., after the
words “One roster-fee of” by striking out “thirty-five dollars ($35),
and inserting in lieu thereof “$28”;
On page twenty-six, subdivision 10.2.q., after the
words roster subscription fee-of” by striking out “fifty dollars ($50)”,
and inserting in lieu thereof “$40”;
On page twenty-six, subdivision 10.2.r., by striking
out “fifty dollars ($50)”, and inserting in lieu thereof “$40”;
On page twenty-six, subdivision 10.2.s., by striking
out “fifty dollars ($550)”, and inserting in lieu thereof “$40”;
On page twenty-six, subdivision 10.2.t., by striking
out “seventy-five dollars ($75)”, and inserting in lieu thereof “$60”;
And,
On page twenty-six, subdivision 10.2.u., by striking
out “twenty-five dollars ($25)”, and inserting in lieu thereof “$20”.
(b) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-38-9 of this code,
modified by the West Virginia Real Estate Appraiser Licensing and Certification
Board to meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on December 21, 2021, relating to the West
Virginia Real Estate Appraiser Licensing and Certification Board (Renewal of
Licensure or Certification, 190 CSR 03), is authorized.
(c) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-38A-2 of this code,
modified by the West Virginia Real Estate Appraiser Licensing and Certification
Board to meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on December 21, 2021, relating to the West
Virginia Real Estate Appraiser Licensing and Certification Board (Requirements
for Registration and Renewal of Appraisal Management Companies, 190 CSR 05), is authorized.
§64-9-19.
West Virginia Board of Examiners for Registered Professional Nurses.
(a) The legislative rule
filed in the State Register on May 10, 2021, authorized under the authority of
§30-7-15a of this code, relating to the West Virginia Board of Examiners for
Registered Professional Nurses (Limited Prescriptive Authority for Nurses in
Advanced Practice, 19 CSR 08), is authorized.
(b) The legislative rule
filed in the State Register on August 31, 2021, authorized under the authority
of §30-7-4 of this code, relating to the Board of Registered Professional
Nurses (Telehealth Practice, 19 CSR 16), is authorized with the
amendments set forth below:
On page three, subdivision 3.3.2., by striking out
the word “state” and inserting in lieu thereof the words “State of West
Virginia”;
On page three, subdivision 3.3.2., by striking out
the words “location or”;
On page five, subsection 5.9., by striking out the
word “applicant” and inserting in lieu thereof the word “registrant”;
On page five, after subsection 5.12, by renumbering
the remaining subsections;
On page six, subsection 5.11., by striking out the
words “apply anew” and inserting in lieu thereof the word “reapply”;
On page seven, subsection 7.3., after the words
“prescription if” by inserting in lieu thereof the words “the nurse”;
On page seven, subsection 7.4., after the words
“standard of care” by inserting the words “with respect to an established
patient”;
On page eight, subsection 7.8., after the word
“practices” by striking out the word “to” and inserting in lieu thereof the
words “while treating”;
On page eight, subsection 8.1, by striking out the
words “of the provider’s profession in the State of West Virginia pursuant to
qualified advanced practice registered nurses to prescribe prescription drugs
in accordance with the” and inserting in lieu thereof the words “as set forth
in the”;
On page eight, subsection 8.2, by striking out the
words “Schedules III through V of”;
On page eight, subsection 8.3, by striking out the
words “based solely upon a telemedicine encounter”;
On page nine, subdivision 10.2.1., by striking out
the words “Shall not engage” and inserting in lieu thereof the word “Engaging”;
On page nine, subdivision 10.2.1., by inserting a
period after the words “this rule”;
On page nine, subdivision 10.2.1., by striking out
the words “or they” and inserting in lieu thereof the words “A registered nurse
or advance practice registered nurse who engages in professional misconduct”;
And,
On page nine, subsection 11.2., by striking out the
words “the following” and inserting in lieu thereof the word “that”.
§64-9-20.
Secretary of State.
(a) The legislative rule filed in the State Register
on May 10, 2021, authorized under the authority of §3-2-11 of this code,
relating to the Secretary of State (Voter Registration at the Division of Motor
Vehicles, 153 CSR 03), is authorized.
(b) The legislative rule filed in the State Register
on May 10, 2021, authorized under the authority of §3-2-23a of this code,
relating to the Secretary of State (Voter Registration List Maintenance by the
Secretary of State, 153 CSR 05), is authorized.
(c) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §3-2-12 of this code,
modified by the Secretary of State to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on December 29,
2021, relating to the Secretary of State (Combined Voter Registration and
Driver Licensing Fund, 153 CSR 25), is authorized.
(d) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §39A-3-3 of this code,
modified by the Secretary of State to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on December 29,
2021, relating to the Secretary of State (Use of Digital Signatures, 153 CSR 30), is authorized.
(e) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §3-8-2c of this code,
modified by the Secretary of State to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on December 29,
2021, relating to the Secretary of State (Regulation of Political Party Headquarters
Finances, 153 CSR 43), is authorized.
(f) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §39-4-37 and §39-4-38 of
this code, modified by the Secretary of State to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
December 29, 2021, relating to the Secretary of State (Standards and Guidelines
for Electronic Notarization, Remote Online Notarization, and Remote Ink
Notarization, 153 CSR 45), is authorized.
(g) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §39A-4-4 of this code,
relating to the Secretary of State (Real Property Electronic Recording
Standards and Regulations, 153 CSR 48), is authorized with amendments
set forth below:
On page 2, section 3.1, by striking out the words “as
amended from time to time”;
On page 3, subdivision 3.3.1, by striking out the
words “as amended from time to time”;
And,
On page 3, subdivision 3.3.2, by striking out the
words “as amended from time to time”.
§64-9-21.
West Virginia Board of Social Work Examiners.
(a) The legislative rule
filed in the State Register on July 30, 2021, authorized under the authority of
§30-30-6 of this code, modified by the West Virginia Board of Social Work
Examiners to meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on December 20, 2021, relating to the West
Virginia Board of Social Work Examiners (Qualifications for the Profession of
Social Work, 25 CSR 01), is authorized.
(b) The Legislature directs the West Virginia Board
of Social Work Examiners to amend the legislative rule filed in the State
Register on May 12, 2020, authorized under the authority of §30-30-6 of this
code, relating to the West Virginia Board of Social Work Examiners (Fee
Schedule, 25 CSR 03) with the amendments set forth below:
On page two, subdivision 3.1.2., by striking out
“fifty dollars ($50)”, and inserting in lieu thereof “$45”;
On page two, subdivision 3.2.1., by striking out
“($100)”, and inserting in lieu thereof “$90”;
On page two, subdivision 3.2.2., following the words
“biennial license renewal is” by striking out “eighty-five dollars ($85)”, and
inserting in lieu thereof “$76”;
On page two, subdivision 3.2.2., following the words “provisional
license renewal is” by striking “ninety dollars ($90)”, and inserting in lieu
thereof “$80”;
On page two, subdivision 3.2.3., by striking out
“fifty dollars ($50)”, and inserting in lieu thereof “$45”;
On page two, subdivision 3.2.4., by striking out “one
hundred fifteen dollars ($115)”, and inserting in lieu thereof “$104”;
On page two, subdivision 3.2.5., by striking out
“twenty-five dollars ($25)”, and inserting in lieu thereof “$23”;
On page two, subdivision 3.2.6., by striking out
“fifty dollars ($50)”, and inserting in lieu thereof “$45”;
On page two, subdivision 3.2.7., by striking out
“thirty dollars ($30)”, and inserting in lieu thereof “$27”;
On page two, subdivision 3.2.8., by striking out “one
hundred dollars ($100)”, and inserting in lieu thereof “$90”;
On page two, subdivision 3.2.9., by striking out
“fifty-five dollars ($55)”, and inserting in lieu thereof “$50”;
On page two, subdivision 3.2.10., by striking out
“twenty-five dollars ($25)”, and inserting in lieu thereof “$23”;
On page three, subdivision 3.4.1., by striking out
“one hundred dollars ($100)”, and inserting in lieu thereof “$90”;
On page three, subdivision 3.4.2., by striking out
“sixty dollars ($60)”, and inserting in lieu thereof “$54”;
And,
On page three, subdivision 3.5.1., by striking out
“one hundred dollars ($100)”, and inserting in lieu thereof “$90”.
(c) The legislative rule filed in the State Register
on July 30, 2021, authorized under the authority of §30-30-6 of this code,
modified by the West Virginia Board of Social Work Examiners to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 20, 2021, relating to the West Virginia Board of
Social Work Examiners (Continuing Education for Social Workers and Providers, 25 CSR 05), is authorized.
§64-9-22.
West Virginia Board of Examiners for Speech-Language Pathology and Audiology.
The legislative rule filed in the State Register on
June 9, 2021, authorized under the authority of §30-32-7 of this code, modified
by the West Virginia Board of Speech-Language Pathology and Audiology to meet
the objections of the Legislative Rule-Making Review Committee and refiled in
the State Register on December 16, 2021, relating to the West Virginia Board of
Speech-Language Pathology and Audiology (Licensure of Speech-Pathology and
Audiology, 29 CSR 01), is authorized.
§64-9-23.
State Treasurer.
(a) The legislative rule filed in the State Register
on July 29, 2021, authorized under the authority of §12-4-11 of this code,
relating to the Treasurer (Substitute Checks-Exceptional Items Fund, 112 CSR 02), is authorized.
(b) The legislative rule filed in the State Register
on May 6, 2021, authorized under the authority of §12-2-2 of this code,
relating to the Treasurer (Procedures for Deposit of Moneys with the State
Treasurer’s Office by State Agencies, 112 CSR 04), is authorized.
(c) The legislative rule filed in the State Register
on May 6, 2021, authorized under the authority of §12-1-2 of this code,
relating to the Treasurer (Selection of State Depositories for Disbursement
Accounts Through Competitive Bidding, 112 CSR 06), is authorized.
(d) The legislative rule filed in the State Register
on May 7, 2021, authorized under the authority of §12-1-2 of this code,
relating to the Treasurer (Selection of State Depositories for Receipt
Accounts, 112 CSR 07), is authorized.
(e) The legislative rule filed in the State Register
on May 7, 2021, authorized under the authority of §12-3-1 of this code,
relating to the Treasurer (Procedures for Processing Payments from the State
Treasury, 112 CSR 08), is authorized.
(f) The legislative rule filed in the State Register
on July 29, 2021, authorized under the authority of §12-6A-7 of this code, relating
to the Treasurer (Reporting Debt, 112 CSR 10), is authorized.
(g) The legislative rule filed in the State Register
on July 29, 2021, authorized under the authority of §12-3A-6 of this code,
relating to the Treasurer (Procedure for Fees in Collections by Charge, Credit
or Debit Card or by Electronic Payment, 112 CSR 12), is authorized.
(h) The legislative rule filed in the State Register
on July 29, 2021, authorized under the authority of §12-3A-6 of this code,
relating to the Treasurer (Procedures for Providing Services to Political
Subdivisions, 112 CSR 13), is authorized.”
On motion of Delegate Foster, the amendment was
amended, on page 20, section 13, line 42, by striking out the entirety of the
text on lines 42 and 43 and inserting in lieu thereof the following:
“On page seven, by striking out all of subsection 7.4
and inserting in lieu thereof a new subsection 7.4 to read as follows:
7.4 Nothing in this rule requires a practitioner to
use telemedicine technologies to treat a patient if the practitioner, in his or
her discretion, determines that an in-person encounter is required.;
And,
On page nine, subsection 8.4, by striking out the
words “based solely upon a telemedicine encounter”
And to amend the amendment on page 21, section 14,
line 23 by striking out the entirety of the text on lines 23 and 24 and
inserting in lieu thereof the following:
“On page seven, by striking out all of subsection 7.4
and inserting in lieu thereof a new subsection 7.4 to read as follows:
7.4 Nothing in this rule requires a practitioner to
use telemedicine technologies to treat a patient if the practitioner, in his or
her discretion, determines that an in-person encounter is required.;
And,
On page nine, subsection 8.4, by striking out the
words “based solely upon a telemedicine encounter”
And to amend the amendment on page 27, section 19,
lines18 and 19 by striking all the existing text and inserting in lieu thereof
the following:
“On page seven, by striking out all of subsection 7.4
and inserting in lieu thereof a new subsection 7.4 to read as follows:
7.4. Nothing in this rule requires a practitioner to
use telemedicine technologies to treat a patient if the practitioner, in his or
her discretion, determines that an in-person encounter is required.;”
The question being on the adoption of the amendment, as amended,
the same was put and adopted.
The bill was then ordered to third reading.
Com. Sub. for S. B. 424, Relating generally to
2022 Farm Bill; on second reading, coming up in regular order, was read a
second time.
An amendment, recommended by the Committee on the
Judiciary, was reported by the Clerk and adopted, amending the bill at section
1 of Article 2C, on page 5, by deleting the second set of lines numbered 1 and
2;
And,
At section 1, on page 16, after the first use of line “7” by
deleting Chapter 30, Article 43 in its entirety.
The bill was then ordered to third reading.
Com. Sub. for S. B. 434, Updating authority to
airports for current operations; on second reading, coming up in regular order,
was read a second time and ordered to third reading.
Com. Sub. for S. B. 438, Relating generally to
WV Security for Public Deposits Act; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
An amendment, recommended by the Committee on
Finance, was reported by the Clerk and adopted, amending the bill on page 3,
section 4, line 12, following the word “of” by striking “chapter 12
of this code” and inserting in lieu thereof “this chapter’;
On page 3, section 4, line 16, following the word “that”
by striking “chose” and inserting in lieu thereof “choose”;
On page 4, section 4, line 27, following the word “rules”
by inserting “promulgated or proposed”;
On page 4, section 4, line 34, following the word “enable”
by striking “public depositors” and inserting “designated state
depositories”;
On page 5, section 7, line 8, following the word “on”
by adding “the”;
On page 5, section 7, line 21, following the word “method”
by adding “or other approved method permitted in this code”;
On page 5, following section 7, by striking Ҥ12-1B-8.
Authority to secure public deposits; acceptance of liabilities and duties by
public depositories.” and inserting in lieu thereof “§12-1B-8.
Authority to secure public deposits; acceptance of liabilities and duties of designated
state depositories.”
On page 5, section 9, line 1, following “by”
by striking “either the pooled method or the dedicated method”; and
inserting in lieu thereof “the pooled method, the dedicated method or by any
other method permitted in this code”; and
On page 7, section 10, line 1, following “any”
by striking “public deposit” and inserting in lieu thereof “designated
state depository”.
The bill was then ordered to third reading.
Com. Sub. for S. B. 441, Providing
confidentiality of video and other records of correctional juvenile facilities;
on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the
Judiciary, was reported by the Clerk and adopted, amending the bill by striking
everything after the enacting clause and inserting in lieu thereof the
following:
“ARTICLE
4. CORRECTIONS MANAGEMENT.
§15A-4-8a.
Facility video and security records confidential; exceptions.
(a) The contents of any correctional or juvenile
facility video, incident report, or investigation report related to the safe
and secure management of inmates and residents may be disclosed or released to
the commissioner’s agents, representatives, and designees, but such records are
otherwise confidential and not subject to public disclosure or release except
as set forth in this section.
(b) Notwithstanding any provision of this code to
the contrary, the contents of any correctional or juvenile facility video, incident report, or investigation report related to the safe
and secure management of inmates and residents may be disclosed or released
to an appropriate law-enforcement agency, when disclosure or release is
necessary for the investigation, prevention, or prosecution of a crime or to
safeguard the orderly operation of the correctional institution: Provided,
That, with respect to records relating to juvenile residents, the
law-enforcement agency in receipt of any such records shall treat the records
as confidential pursuant to the provisions set forth in §49-5-101(a) of this
code.
(c) Disclosure or release may also be made in
civil or administrative proceedings pursuant to an order of a court or an
administrative tribunal with the entry of an appropriate protective order
prohibiting the misuse and reproduction of disclosed or released records: Provided,
That the disclosure or release of records from a juvenile facility required for
an employee grievance shall be made strictly in accordance with the provisions
of §49-5-101 of this code
.
(d) The commissioner may authorize an attorney,
licensed before the bar of this State and who is representing a person with a
potential claim for personal injury or a violation of the United States
Constitution or West Virginia Constitution allegedly caused by the division, to
view facility video, incident reports, or investigation
reports related to the safe and secure management of inmates and residents for
purposes of determining the validity of a claim against the division, but such
video, incident reports, or investigation reports related to the safe and
secure management of inmates and residents shall not be released to the
licensed attorney prior to institution of a suit or petition for pre-suit
discovery in the appropriate forum and after the entry of an appropriate protective order prohibiting the misuse and
reproduction of disclosed records.
(e) The confidentiality provisions of this section
shall extend to any person receiving such records and may not be used for any
unauthorized purpose except upon order of a court of record.
The bill was then ordered to third reading.
S. B. 442, Relating to WV Public Employee
Retirement System; on second reading, coming up in regular order, was read a
second time.
An amendment, recommended by the Committee on
Finance, was reported by the Clerk and adopted, amending the bill on page 1,
following the enacting clause, by striking the remainder of the bill in its
entirety and inserting in lieu thereof the following:
“ARTICLE 10.
WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-14.
Service credit; retroactive provisions.
(a) The board of trustees shall credit each member
with the prior service and contributing service to which he or she is entitled
based upon rules adopted by the board of trustees and based upon the following:
(1) In no event may less than 10 days of service
rendered by a member in any calendar month be credited as a month of service: Provided,
That for employees of the State Legislature whose term of employment is
otherwise classified as temporary and who are employed to perform services
required by the Legislature for its regular sessions or during the interim
between regular sessions and who have been or are employed during regular
sessions or during the interim between regular sessions in seven consecutive
calendar years, service credit of one month shall be awarded for each 10 days
employed in the interim between regular sessions, which interim days shall be
cumulatively calculated so that any 10 days, regardless of calendar month or
year, shall be calculated toward any award of one month of service credit;
(2) Except for hourly employees, and those persons
who first become members of the retirement system on or after July 1, 2015, 10
or more months of service credit earned in any calendar year shall be credited
as a year of service: Provided, That no more than one year of service
may be credited to any member for all service rendered by him or her in any
calendar year and no days may be carried over by a member from one calendar
year to another calendar year where the member has received a full-year credit
for that year; and
(3) Service may be credited to a member who was
employed by a political subdivision if his or her employment occurred within a
period of 30 years immediately preceding the date the political subdivision
became a participating public employer.
(b) The board of trustees shall grant service credit
to employees of boards of health, the Clerk of the House of Delegates and
the Clerk of the State Senate or to any former and present member of the
State Teachers Retirement System who have been contributing members in the
Public Employees Retirement System for more than three years, for service
previously credited by the State Teachers Retirement System and shall require
the transfer of the member’s accumulated contributions to the system and shall
also require a deposit, with reinstatement interest as set forth in the board’s
Rule, Refund, Reinstatement, Retroactive Service, Loan and Correction of Error
Interest Factors, 162 C. S. R. 7, of any withdrawals of contributions any time
prior to the member’s retirement: Provided, That members of
the State Teachers Retirement System who first became a member of the State
Teachers Retirement System on or after July 1, 2022, may only transfer service
credit to the Public Employees Retirement System if they first became a member
of the Public Employees Retirement System on or after July 1, 2015.
Repayment of withdrawals shall be as directed by the Board of Trustees.
(c) Court reporters who are acting in an official
capacity, although paid by funds other than the county commission or State
Auditor, may receive prior service credit for time served in that capacity.
(d) Active members who previously worked in
Comprehensive Employment and Training Act (CETA) may receive service credit for
time served in that capacity: Provided, That in order to receive service
credit under the provisions of this subsection the following conditions must be
met: (1) The member must have moved from temporary employment with the
participating employer to permanent full-time employment with the participating
employer within 120 days following the termination of the member’s CETA
employment; (2) the board must receive evidence that establishes to a
reasonable degree of certainty as determined by the board that the member
previously worked in CETA; and (3) the member shall pay to the board an amount
equal to the employer and employee contribution plus interest at the amount set
by the board for the amount of service credit sought pursuant to this
subsection: Provided, however, That the maximum service credit that may
be obtained under the provisions of this subsection is two years: Provided
further, That a member must apply and pay for the service credit allowed
under this subsection and provide all necessary documentation by March 31,
2003: And provided further, That the board shall exercise due diligence
to notify affected employees of the provisions of this subsection.
(e) (1) Employees of the State Legislature whose
terms of employment are otherwise classified as temporary and who are employed
to perform services required by the Legislature for its regular sessions or
during the interim time between regular sessions shall receive service credit
for the time served in that capacity in accordance with the following: For
purposes of this section, the term “regular session” means day one through day
60 of a 60-day legislative session or day one through day 30 of a 30-day
legislative session. Employees of the State Legislature whose term of
employment is otherwise classified as temporary and who are employed to perform
services required by the Legislature for its regular sessions or during the
interim time between regular sessions and who have been or are employed during
regular sessions or during the interim time between regular sessions in seven
consecutive calendar years, as certified by the clerk of the house in which the
employee served, shall receive service credit of six months for all regular
sessions served, as certified by the clerk of the house in which the employee
served, or shall receive service credit of three months for each regular 30-day
session served prior to 1971: Provided, That employees of the State
Legislature whose term of employment is otherwise classified as temporary and
who are employed to perform services required by the Legislature for its
regular sessions and who have been or are employed during the regular sessions
in 13 consecutive calendar years as either temporary employees or full-time
employees or a combination thereof, as certified by the clerk of the house in which
the employee served, shall receive a service credit of 12 months for each
regular session served, as certified by the clerk of the house in which the
employee served: Provided, however, That the amendments made to this
subsection during the 2002 regular session of the Legislature only apply to
employees of the Legislature who are employed by the Legislature as either
temporary employees or full-time employees as of January 1, 2002, or who become
employed by the Legislature as temporary or full-time employees for the first
time after January 1, 2002. Employees of the State Legislature whose terms of
employment are otherwise classified as temporary and who are employed to
perform services required by the Legislature during the interim time between
regular sessions shall receive service credit of one month for each 10 days
served during the interim between regular sessions, which interim days shall be
cumulatively calculated so that any 10 days, regardless of calendar month or
year, shall be calculated toward any award of one month of service credit: Provided
further, That no more than one year of service may be credited to any
temporary legislative employee for all service rendered by that employee in any
calendar year and no days may be carried over by a temporary legislative
employee from one calendar year to another calendar year where the member has
received a full year credit for that year. Service credit awarded for
legislative employment pursuant to this section shall be used for the purpose
of calculating that member’s retirement annuity, pursuant to §5-10-22 of this
code, and determining eligibility as it relates to credited service,
notwithstanding any other provision of this section. Certification of
employment for a complete legislative session and for interim days shall be
determined by the clerk of the house in which the employee served, based upon
employment records. Service of 55 days of a regular session constitutes an
absolute presumption of service for a complete legislative session and service
of 27 days of a 30-day regular session occurring prior to 1971 constitutes an
absolute presumption of service for a complete legislative session. Once a
legislative employee has been employed during regular sessions for seven
consecutive years or has become a full-time employee of the Legislature, that
employee shall receive the service credit provided in this section for all
regular and interim sessions and interim days worked by that employee, as
certified by the clerk of the house in which the employee served, regardless of
when the session or interim legislative employment occurred: And provided
further, That regular session legislative employment for seven consecutive
years may be served in either or both houses of the Legislature.
(2) For purposes of this section, employees of the
Joint Committee on Government and Finance are entitled to the same benefits as
employees of the House of Delegates or the Senate: Provided, That for
joint committee employees whose terms of employment are otherwise classified as
temporary, employment in preparation for regular sessions, certified by the
legislative manager as required by the Legislature for its regular sessions,
shall be considered the same as employment during regular sessions to meet
service credit requirements for sessions served.
(f) Any employee may purchase retroactive service
credit for periods of employment in which contributions were not deducted from
the employee’s pay. In the purchase of service credit for employment prior to
1989 in any department, including the Legislature, which operated from the
General Revenue Fund and which was not expressly excluded from budget
appropriations in which blanket appropriations were made for the state’s share
of public employees’ retirement coverage in the years prior to 1989, the employee
shall pay the employee’s share. Other employees shall pay the state’s share and
the employee’s share to purchase retroactive service credit. Where an employee
purchases service credit for employment which occurred after 1988, that
employee shall pay for the employee’s share and the employer shall pay its
share for the purchase of retroactive service credit: Provided, That no
legislative employee and no current or former member of the Legislature may be
required to pay any interest or penalty upon the purchase of retroactive
service credit in accordance with the provisions of this section where the
employee was not eligible to become a member during the years for which he or
she is purchasing retroactive credit or had the employee attempted to
contribute to the system during the years for which he or she is purchasing
retroactive service credit and the contributions would have been refused by the
board: Provided, however, That a current legislative employee purchasing
retroactive credit under this section shall do so within 24 months of beginning
contributions to the retirement system as a legislative employee or no later
than December 31, 2016, whichever occurs later: Provided further,
That once a legislative employee becomes a member of the retirement system, he
or she may purchase retroactive service credit for any time he or she was
employed by the Legislature and did not receive service credit. Any service
credit purchased shall be credited as six months for each 60-day session
worked, three months for each 30-day session worked or 12 months for each
60-day session for legislative employees who have been employed during regular
sessions in 13 consecutive calendar years, as certified by the clerk of the
house in which the employee served, and credit for interim employment as
provided in this subsection: And provided further, That this legislative
service credit shall also be used for months of service in order to meet the
60-month requirement for the payments of a temporary legislative employee
member’s retirement annuity: And provided further, That no legislative
employee may be required to pay for any service credit beyond the actual time
he or she worked regardless of the service credit which is credited to him or
her pursuant to this section: And provided further, That any legislative
employee may request a recalculation of his or her credited service to comply
with the provisions of this section at any time.
(g) (1) Notwithstanding any provision to the
contrary, the seven consecutive calendar years requirement and the 13
consecutive calendar years requirement and the service credit requirements set
forth in this section shall be applied retroactively to all periods of legislative
employment prior to the passage of this section, including any periods of
legislative employment occurring before the seven consecutive and 13
consecutive calendar years referenced in this section: Provided, That
the employee has not retired prior to the effective date of the amendments made
to this section in the 2002 regular session of the Legislature.
(2) The requirement of seven consecutive years and
the requirement of 13 consecutive years apply retroactively to all legislative
employment prior to the effective date of the 2006 amendments to this section.
(h) The board of trustees shall grant service credit
to any former or present member of the State Police Death, Disability and
Retirement Fund who has been a contributing member of this system for more than
three years for service previously credited by the State Police Death,
Disability and Retirement Fund if the member transfers all of his or her
contributions to the State Police Death, Disability and Retirement Fund to the
system created in this article, including repayment of any amounts withdrawn
any time from the State Police Death, Disability and Retirement Fund by the
member seeking the transfer allowed in this subsection: Provided, That
there shall be added by the member to the amounts transferred or repaid under
this subsection an amount which shall be sufficient to equal the contributions
he or she would have made had the member been under the Public Employees
Retirement System during the period of his or her membership in the State Police
Death, Disability and Retirement Fund, excluding contributions on lump sum
payment for annual leave, plus interest at a rate determined by the board.
(i) The provisions of §5-10-22h of this code are not
applicable to the amendments made to this section during the 2006 regular
session.
§5-10-30. Refund of accumulated contributions.
(a) In the event a member leaves the employ of a
participating public employer prior to the date he the member
becomes entitled to retire with an annuity payable by the retirement system,
he the member shall be paid, upon his the member’s
written application filed with the board of trustees, his the
member’s accumulated contributions standing to his credit in the
members deposit fund, if his the member’s separation from the
employ of a participating public employer occurs subsequent to a period of two
years from and after the date he last became a member of the system of
contributing service. If his the member’s said separation
from the employ of a participating public employer occurs within a period of
prior to two years from and after the date he last became a member of
the system of contributing service, he the member
shall be paid his the member’s accumulated contributions standing
to his credit in the members deposit fund less the total regular
interest credited to his the member’s individual account therein;
and the said total interest credit shall be transferred to the income fund.
(b) In the event a member dies and does not leave a
beneficiary entitled to an annuity payable by the retirement system, his
the member’s accumulated contributions standing to his credit in the
members deposit fund at the time of his the member’s death
shall be paid to such person or persons as he or she shall have
nominated by written designation duly executed and filed with the board of
trustees. If there be no such designated person or persons surviving the said
member, his the member’s said accumulated contributions shall be
paid to his the member’s estate.
(c) Refunds of a member’s contributions or
accumulated contributions, as the case may be, may be made in equal
installments according to such rules and regulations as the board of trustees
may from time to time adopt.
(d)(c) In the event a member dies and a
refund of his the member’s contributions is due to be made to an
infant child or children by reason of being the person or persons nominated by
written designation duly executed and filed with the retirement system, and the
amount of said refund is less than $1,000, then, and in said event, the board
of trustees may make said refund, upon written application, to the closest
relative or natural guardian for the use of said infant child or children. The
board of trustees may, at its discretion, require that said relative or natural
guardian post bond with the retirement system to insure that said money will be
used for the benefit of said infant child or children. In any event, before
said refund is made to said relative or natural guardian of the said infant or
infants, said relative or natural guardian shall give the retirement system an
indemnifying release of said sums so paid over.
(d) In the event a member leaves the employ of a
participating public employer and is entitled to retire with an annuity payable
by the retirement system, but will be subject to an annuity reduction at any
time due to the 105 percent provision contained in §5-10-17(b) of this code,
the member may be paid, upon the member’s written application filed with the
board of trustees, their accumulated contributions.”
The bill was then ordered to third reading.
Com. Sub. for S. B. 463, Best Interests of
Child Protection Act of 2022; on second reading, coming up in regular order,
was read a second time.
An amendment, recommended by the Committee on the Judiciary, was
reported by the Clerk on page 1, after the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following:
“ARTICLE
9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF
CHILDREN.
§48-9-102.
Objectives; best interests of the child.
(a) The primary objective of this article is to serve
the child’s best interests, by facilitating:
(1) Stability of the child;
(2) Collaborative Parental parental
planning and agreement about the child’s custodial arrangements and upbringing;
(3) Continuity of existing parent-child attachments;
(4) Meaningful contact between a child and each
parent, and which is rebuttably presumed to be equal (50-50) custodial
allocation of the child;
(5) Caretaking and parenting relationships by adults
who love the child, know how to provide for the child’s needs, and who place a
high priority on doing so;
(6) Security from exposure to physical or emotional
harm;
(7) Expeditious, predictable decision-making and
avoidance of prolonged uncertainty respecting arrangements for the child’s care
and control; and
(8) Meaningful contact between a child and his or her
siblings, including half-siblings.
(b) A secondary objective of this article is
to achieve fairness between the parents consistent with the rebuttable
presumption of equal (50-50) custodial allocation.
§48-91-102a
Presumption in favor of equal (50-50) custodial allocation.
There shall be a presumption, rebuttable by a
preponderance of the evidence, that equal (50-50) custodial allocation is in
the best interest of the child. If the presumption is rebutted, the court
shall, absent an agreement between the parents as to all matters related to
custodial allocation, construct a parenting time schedule which maximizes the
time each parent has with the child and is consistent with ensuring the child’s
welfare.
§48-9-203.
Proposed temporary parenting plan; temporary order; amendment. vacation of
order.
(a) A parent seeking a temporary order relating to
parenting shall file and serve a proposed temporary parenting plan by motion.
The other parent, if contesting the proposed temporary parenting plan, shall
file and serve a responsive proposed parenting plan. Either parent may move to
have a proposed temporary parenting plan entered as part of a temporary order.
The parents may enter an agreed temporary parenting plan at any time as part of
a temporary order. The proposed temporary parenting plan may be supported by
relevant evidence and shall be verified and shall state at a minimum the
following:
(1) The name, address, and length of residence with
the person or persons with whom the child has lived for the preceding twelve
12 months;
(2) The performance by each parent during the last 12
months of the parenting functions relating to the daily needs of the child;
(3) The parents’ work and child-care schedules for
the preceding twelve 12 months;
(4)(3) The parents’ current work and
child-care schedules; and
(5)(4) Any of the circumstances criteria
set forth in §48-9-209 of this code that are likely to pose a serious risk to
the child and that or that otherwise warrant limitation on the
award to a parent of temporary residence or time with the child pending entry
of a permanent parenting plan.
(b) At the hearing, the court shall enter a temporary
parenting order incorporating a temporary parenting plan which includes:
(1) A schedule for the child’s time with each parent
when appropriate;
(2) Designation of a temporary residence or
residences for the child;
(3) Allocation of decision-making authority, if any.
Absent allocation of decision-making authority consistent with §48-9-207 of
this code, neither party shall make any decision for the child other than those
relating to day-to-day or emergency care of the child, which shall be made by
the party who is present with the child;
(4) Provisions for temporary support for the child; and
(5) Restraining orders, if applicable. And
(6) Specific findings of fact upon which the court
bases its determinations.
(c) A parent may make a motion for an order to show
cause and the court may enter a temporary order, including a temporary
parenting plan, upon a showing of necessity.
(c) If the parents have not agreed upon the
allocation of physical custody of the child, then the allocation shall be made
by the court upon the sworn testimony of the parents and their witnesses
presented at the hearing.
(d) Upon request of either parent for an equal
(50-50) allocation of physical custody, the presumption provided in §48-1-102a
of this code applies.
(e) If the temporary allocation of physical custody
is not on an equal (50-50) basis, it must contain specific findings of fact by
the court, based upon the sworn testimony presented at the hearing, as to the
reasons under §48-9-209 of this code that the court ordered the custodial
allocation, along with the court’s legal conclusions supporting its decision.
(f) A parent who has sought and been denied equal (50-50) physical custody, or who has been denied
any physical custody, may file an interlocutory appeal with the West Virginia
Intermediate Court of Appeals as to the temporary custodial allocation of the
child or children, and the Intermediate Court of Appeals shall provide an
expedited review of the order: Provided, That no stay shall be granted
pending resolution of the appeal, and the filing of an interlocutory appeal
shall not be the basis of a continuance of any subsequent or final hearing.
(d) (g) A parent may move for amendment
of a temporary parenting plan, and the court may order amendment to the
temporary parenting plan, if the amendment conforms to the limitations of and
considerations required by §48-9-209 of this code and is in the best interest
of the child. The court’s order modifying the plan shall be in writing and
contain specific findings of fact upon which the court bases its
determinations.
§48-9-204.
Criteria for temporary parenting plan.
(a) After considering the proposed temporary
parenting plan filed pursuant to §48-9-203 of this code and other relevant
evidence presented, the court shall make a temporary parenting plan that is in
the best interest of the child, which shall be in writing and contain specific
findings of fact upon which the court bases its determinations. In making
this determination, the court shall give particular consideration to which
parenting arrangements will cause the least disruption to the child’s emotional
stability while the action is pending.In making this determination, the
court shall give particular consideration to:
(1) Which parent has taken greater responsibility
during the last 12 months for performing caretaking and/or parenting functions
relating to the daily needs of the child; and
(2) Which parenting arrangements will cause the
least disruption to the child’s emotional stability while the action is
pending.
(b) The court shall also consider the factors used to
determine residential provisions in the permanent parenting plan.
(c) Upon credible evidence of one or more of the
circumstances set forth in §48-9-209(a) of this code, the court shall issue a
temporary order limiting or denying access to the child as required by that
section, in order to protect the child or the other party, pending adjudication
of the underlying facts. The temporary order shall be in writing and include
specific findings of fact supporting the court’s determination.
(d) Expedited procedures shall be instituted to
facilitate the prompt issuance of a parenting plan.
(e) In establishing a temporary parenting plan,
there shall be a presumption in favor of equal (50-50) physical custody which
is rebuttable by a preponderance of the evidence, to be evaluated and
considered in accordance with the criteria set forth in §48-9-209 of this code.
§48-9-205.
Permanent parenting plan.
(a) A party seeking a judicial allocation of
custodial responsibility or decision-making responsibility under this article
shall file a proposed parenting plan with the court. Parties may file a joint
plan. A proposed plan shall be verified and shall state, to the extent known or
reasonably discoverable by the filing party or parties:
(1) The name, address, and length of residence of any
adults with whom the child has lived for one year or more, or in the case of a
child less than one year of age, any adults with whom the child has lived since
the child’s birth;
(2) The name and address of each of the child’s
parents and any other individuals with standing to participate in the action
under §48-9-103 of this code;
(3) A description of the allocation of caretaking and
other parenting responsibilities performed by each person named in
§48-9-205(a)(1) and §48-9-205(a)(2) of this code;
(4) A description of the work and child-care
schedules of any person seeking an allocation of custodial responsibility and
any expected changes to these schedules in the near future;
(5) A description of the child’s school and
extracurricular activities;
(6) A description of any of the limiting factors
as criteria described in §48-9-209 of this code that are present, including
any restraining orders against either parent to prevent domestic or family
violence, by case number and jurisdiction;
(7) Required financial information; and
(8) A description of the known areas of agreement and
disagreement with any other parenting plan submitted in the case.
The court shall maintain the confidentiality of any
information required to be filed under this section when the person giving that
information has a reasonable fear of domestic abuse, and disclosure of the
information would increase that fear.
(b) The court shall develop a process to identify
cases in which there is credible information that child abuse or neglect as
defined in §49-1-201 of this code or domestic violence as defined in §48-27-202
of this code has occurred. The process shall include assistance for possible
victims of domestic abuse in complying with §48-9-205(a)(6) of this code and
referral to appropriate resources for safe shelter, counseling, safety
planning, information regarding the potential impact of domestic abuse on
children, and information regarding civil and criminal remedies for domestic
abuse. The process shall also include a system for ensuring that jointly
submitted parenting plans that are filed in cases in which there is credible
information that child abuse or domestic abuse has occurred receive the court
review that is mandated by §48-9-202(b) of this code.
(c) Upon motion of a party and after consideration of
the evidence, the court shall order a parenting plan consistent with the
provisions of §48-9-206 through §48-9-209 of this code, containing:
(1) A provision for the child’s living arrangements
and each parent’s custodial responsibility, which shall include either:
(A) A custodial schedule that designates in which
parent’s home each minor child will reside on given days of the year; or
(B) A formula or method for determining a schedule in
sufficient detail that, if necessary, the schedule can be enforced in
subsequent proceedings by the court;
(2) An allocation of decision-making responsibility
as to significant matters reasonably likely to arise with respect to the child;
(3) A provision consistent with §48-9-202 of this
code for resolution of disputes that arise under the plan and remedies for
violations of the plan; and
(4) Provisions for the financial support of the
child or children; and
(4) (5) A plan for the custody of the
child should if one or both of the parents as a member of the
National Guard, a reserve component, or an active duty component be are
mobilized, deployed, or called to active duty.
(d) A parenting plan may, at the court’s discretion,
contain provisions that address matters that are expected to arise in the event
of a party’s relocation, or provide for future modifications in the parenting
plan if specified contingencies occur.
§48-9-206.
Allocation of custodial responsibility at final hearing.
(a) Unless otherwise resolved by agreement of the
parents under §48-9-201 of this code or unless harmful to the child, the court
shall allocate custodial responsibility so that, except to the extent required
under §48-9-209 of this code, the custodial time the child spends with each
parent may be expected to achieve any of the following objectives: shall
be equal (“50-50”).
(1) To permit the child to have a meaningful
relationship with each parent who has performed a reasonable share of parenting
functions;
(2) To accommodate, if the
court determines it is in the best interests of the child, the firm and reasonable preferences of a child who is 14
years of age or older; and to accommodate, if the court determines it is in the
best interests of the child, the firm and reasonable preferences of a child
under 14 years of age, but sufficiently matured that he or she can
intelligently express a voluntary preference for one parent;
(3) To keep siblings together when the court finds
that doing so is necessary to their welfare;
(4) To protect the child’s welfare when, under an
otherwise appropriate allocation, the child would be harmed because of a gross
disparity in the quality of the emotional attachments between each parent and
the child, or in each parent’s demonstrated ability or availability to meet a
child’s needs;
(5) To take into account any prior agreement of
the parents that, under the circumstances as a whole, including the reasonable
expectations of the parents in the interest of the child, would be appropriate
to consider;
(6) To avoid an allocation of custodial
responsibility that would be extremely impractical or that would interfere
substantially with the child’s need for stability in light of economic,
physical, or other circumstances, including the distance between the parents’
residences, the cost and difficulty of transporting the child, the parents’ and
child’s daily schedules, and the ability of the parents to cooperate in the
arrangement;
(7) To (b) The court shall apply the
principles set forth in §48-9-403(d) of this code if one parent
relocates or proposes to relocate at a distance that will impair the ability of
a parent to exercise the amount of custodial responsibility that would
otherwise be ordered under this section.
(8) To consider the stage of a child’s
development;
(9) To consider which
parent will encourage and accept a positive relationship between the child and
the other parent, including which parent is more likely to keep the other
parent involved in the child’s life and activities;
(10) To take into account the preference that time
allocated to the parent resulting in the child being under the care and custody
of that parent is preferred to time allocated to the parent resulting in the
child being under the care or custody of a family member of that parent or a
third party; and
(11) To allow reasonable access to the child by
telephone or other electronic contact, which shall be defined in the parenting
plan;
(c) The court may consider the allocation of
custodial responsibility arising from temporary agreements made by the parties
after separation if the court finds, by a preponderance of the evidence, that
such agreements were consensual. The court shall afford those temporary
consensual agreements the weight the court believes the agreements are entitled
to receive, based upon the evidence. The court may not consider the
temporary allocation of custodial responsibility imposed by a court order on
the parties unless both parties agreed to the allocation provided for in the
temporary order.
(c) If the court is unable to allocate custodial
responsibility under §48-9-206(a) of this code because the allocation
under §48-9-206(a) of this code would be harmful to the child, or
because there is no history of past performance of caretaking functions, as in
the case of a newborn, or because the history does not establish a pattern of
caretaking sufficiently dispositive of the issues of the case, the court shall
allocate custodial responsibility based on the child’s best interest, taking
into account the factors in considerations that are set forth in this section
and in §48-9-209 and §48-9-403(d) of this code. and preserving to the extent
possible this section’s priority on the share of past caretaking functions each
parent performed: Provided, That if either parent or both has
demonstrated reasonable participation in parenting functions as defined in
§48-1-235.2 of this code, the court cannot rely solely on caretaking functions,
and shall consider the parents’ participation in parenting functions.
(d) In determining how to schedule the custodial
time allocated to each parent, the court shall take account of the economic,
physical, and other practical circumstances such as those listed in §48-9-206(a)(6)
of this code.
(e) (d) In the absence of an agreement
of the parents, the court’s determination of allocation of custodial
responsibility under this section shall be made pursuant to a final
hearing, which shall not be conducted exclusively by the
presentation of evidence. by proffer. The court’s order determining
allocation of custodial responsibility shall be in writing, and include
specific findings of fact and conclusions of law supporting the
determination.
§48-9-207.
Allocation of significant decision-making responsibility at temporary or
final hearing.
(a) Unless otherwise resolved by agreement of the
parents under §48-9-201 of this code, the court shall allocate responsibility
for making significant life decisions on behalf of the child, including the
child’s education and health care, to one parent or to two both
parents jointly, in accordance with the child’s best interest, in light of the
ability or inability of the parents, based upon the evidence before the court,
to work collaboratively and in cooperation with each other in decision-making
on behalf of the child, and the existence of any criteria considerations
as set forth in §48-9-209 of this code.
(1) The allocation of custodial responsibility
under §48-9-206 of this code;
(2) (1) The level of each parent’s
participation in past decision making on behalf of the child;
(3) (2) The wishes of the parents; and
(4) (3) The level of ability and
cooperation the parents have demonstrated in decision-making on behalf of the
child.
(5) Prior agreements of the parties; and
(6) The existence of any
limiting factors, as set forth in section 9-209 of this article.
(b) If each of the child’s legal parents has
been exercising a reasonable share of the parenting functions for the
child, there shall be a rebuttable presumption the court shall
presume that an allocation of decision-making responsibility to both
parents jointly is in the child’s best interests. The presumption may be
rebutted is overcome if there is a history of domestic abuse, neglect,
or abandonment, or by a showing that joint allocation of decision-making
responsibility is not in the child’s best interest upon proof by a preponderance
of the evidence of relevant factors under §48-9-209 of this code. Provided,
That the The court’s determination shall be in writing and include
specific findings of fact supporting any determination that joint allocation of
decision-making responsibility is not in the child’s best interest.
(c) Unless otherwise provided or agreed to
by the parents or ordered by the court, each parent who is exercising
custodial responsibility shall be given sole responsibility for day-to-day
decisions for the child, while the child is in that parent’s care and control,
including emergency decisions affecting the health and safety of the child.
§48-9-208.
Criteria for parenting plan; Parental dispute resolution.
(a) If provisions for resolving parental disputes are
not ordered by the court pursuant to a parenting agreement under
section 9-201, in §48-9-201 of this code, the court shall order a method of
resolving disputes that serves the child’s best interest in light of:
(1) The parents’ wishes and the stability of the child;
(2) Circumstances, including, but not limited to,
financial circumstances, that may affect the parents’ ability to participate in
a prescribed dispute resolution process; and
(3) The existence of any limiting factor as
set forth in section 209 of this article. §48-9-209 of this code.
(b) The court may order a non-judicial process of
dispute resolution by designating with particularity the person or agency to
conduct the process or the method for selecting such a person or agency.
The disposition of a dispute through a non-judicial method of dispute
resolution that has been ordered by the court without prior parental agreement
is subject to de novo judicial review. If the parents have agreed in a
parenting plan or by agreement thereafter to a binding resolution of their
dispute by non-judicial means, a decision by such means is binding upon the
parents and must be enforced by the court, unless it is shown to be contrary to
the best interests of the child, beyond the scope of the parents’ agreement, or
the result of fraud, misconduct, corruption, or other serious irregularity.
(c) This section is subject to the limitations imposed
by section two hundred two of this article. §48-9-202 of this code.
§48-9-209.
Parenting plan; limiting factors. considerations.
(a) If either of the
parents so requests, or upon receipt of credible information thereof, the court
shall determine whether a parent who would otherwise be allocated
responsibility under a parenting plan: When entering an order approving
or implementing a temporary or permanent parenting plan order, including
custodial allocation, the court shall consider whether a parent:
(1) Has abused, neglected, or abandoned a child, as
defined by state law;
(2) Has sexually assaulted or sexually abused a child
as those terms are defined in §61-8B-1 et seq. and §61-8D-1 et seq. of
this code;
(3) Has committed domestic violence, as defined in
§48-27-202 of this code;
(4) Has overtly or covertly, persistently violated,
interfered with, impaired, or impeded the rights of a parent or a child with
respect to the exercise of shared authority, residence, visitation, or other
contact with the child, except in the case of actions taken for the purpose of
protecting the safety of the child or the interfering parent or another family
member, pending adjudication of the facts underlying that belief; or
(5) Has made one or more fraudulent reports of
domestic violence or child abuse: Provided, That a person’s withdrawal of
or failure to pursue a report of domestic violence or child support shall not
alone be sufficient to consider that report fraudulent.
(b) If a parent is found to have engaged in any
activity specified by subsection (a) of this section, the court shall impose
limits that are reasonably calculated to protect the child or child’s parent
from harm. The limitations that the court shall consider include, but are not
limited to:
(1) An adjustment of the custodial responsibility of
the parents, including but not limited to:
(A) Increased parenting time with the child to make
up for any parenting time the other parent lost as a result of the proscribed
activity;
(B) An additional allocation of parenting time in
order to repair any adverse effect upon the relationship between the child and
the other parent resulting from the proscribed activity; or
(C) The allocation of exclusive custodial
responsibility to one of them the parents;
(2) Supervision of the custodial time between a
parent and the child;
(3) Exchange of the child between parents through an
intermediary, or in a protected setting;
(4) Restraints on the parent from communication with,
or proximity to, the other parent or the child;
(5) A requirement that the parent abstain from
possession or consumption of alcohol or nonprescribed drugs while exercising
custodial responsibility and in the twenty-four 24-hour period
immediately preceding such exercise;
(6) Denial of overnight custodial responsibility;
(7) Restrictions on the presence of specific persons
while the parent is with the child;
(8) A requirement that the parent post a bond to
secure return of the child following a period in which the parent is exercising
custodial responsibility or to secure other performance required by the court;
(9) A requirement that the parent complete a program
of intervention for perpetrators of domestic violence, for drug or alcohol
abuse, or a program designed to correct another factor; or
(10) Any other constraints or conditions that the
court deems determines to be necessary to provide for the safety
of the child, a child’s parent, or any person whose safety immediately affects
the child’s welfare.
(c) If a parent is found to have engaged in any
activity specified in subsection (a) of this section, the court may not
allocate custodial responsibility or decision-making responsibility to that
parent without making special written findings that the child and other parent
can be adequately protected from harm by such limits as it may impose under
subsection (b) of this section. The parent found to have engaged in the
behavior specified in subsection (a) of this section has the burden of proving
that an allocation of custodial responsibility or decision-making
responsibility to that parent will not endanger the child or the other parent.
(d) If the court determines, based on the
investigation described in part three III of this article or
other evidence presented to it, that an accusation of child abuse or neglect,
or domestic violence made during a child custody proceeding is false and the
parent making the accusation knew it to be false at the time the accusation was
made, the court may order reimbursement to be paid by the person making the
accusations of costs resulting from defending against the accusations. Such
The reimbursement may not exceed the actual reasonable costs incurred by
the accused party as a result of defending against the accusation and
reasonable attorney’s fees incurred.
(e) (1) A parent who believes he or she is the
subject of activities by the other parent described in subdivision (5), of
subsection (a) of this section, may move the court pursuant to subdivision
(4), subsection (b), section one hundred and one, article five, chapter
forty-nine §49-5-101(b)(4) of this code for the Department of Health
and Human Resources to disclose whether the other parent was the source of the
allegation and, if so, whether the department found the report to be:
(A) Substantiated;
(B) Unsubstantiated;
(C) Inconclusive; or
(D) Still under investigation.
(2) If the court grants a motion pursuant to this
subsection, disclosure by the Department of Health and Human Resources shall be
in camera. The court may disclose to the parties information received from the
department only if it has reason to believe a parent knowingly made a false
report.
(f) In determining whether the presumption for an
equal (50-50) allocation of physical custody has been rebutted, a court shall
consider all relevant factors including any of the following:
(1) The factors set forth in subdivision (a) of
this section;
(2) Whether the child:
(A) Was conceived as a result of sexual assault or
sexual abuse by a parent as set forth in §48-9-209a of this code;
(B) Has special needs, a chronic illness, or other
serious medical condition and would receive more appropriate care under another
custodial allocation;
(C) Is a nursing child less than six months of
age, or less than one year of age if the child receives substantial nutrition
through nursing;: Provided, That the child reaching one year of
age shall qualify as a substantial change in circumstances per §48-9-401 of
this code; or
(D) Will be separated from his or her siblings or
the arrangement would otherwise disrupt the child’s opportunities to bond with
his or her siblings;
(3) Whether a parent:
(A) Is in arrears or currently noncompliant
with a previous order of the court regarding payment of child support payments
for another child: Provided, That any arrearages or noncompliance that
are the result of a mistake or miscalculation by the Bureau of Child Support
Enforcement may not be used against the parent as a basis for rebutting the
presumption for an equal (“50-50”) allocation of physical custody and parenting
time;
(B)(A) Is unwilling to seek
necessary medical intervention for the child who has a serious medical
condition;
(C)(B) Has a chronic illness or
other condition that renders him or her unable to provide proper care for the
child;
(D)(C) Has intentionally avoided or
refused involvement or not been significantly involved in the child’s life
prior to the hearing, except when the lack of involvement is the result of
actions on the part of the other parent which were, without good cause,
designed to deprive the parent of contact and involvement with his or her child
or children without good cause;
(E) Has professional responsibilities which
render him or her unable to devote adequate time to the child;
(F) Has a work schedule that causes the child
or children to be in the care of a third party rather than the other available
parent;
(G)(E)(D) Does not have a stable
housing situation: Provided, That a parent’s temporary residence with a
child in a domestic violence violation shelter shall not constitute an
unsafe housing situation; or
(H)(F)(E) Is unwilling or unable to
perform caretaking functions for the child as required by §48-1-210 of this
code;
(4) Whether a parent, partner, or other person
living in that parent’s household:
(A) Has been adjudicated in an abuse and neglect
proceeding to have abused or neglected a child, or has a pending abuse and
neglect case;
(B) Has been judicially determined to have
committed domestic violence or has a pending domestic violence case;
(C) Has a felony criminal record;
(D) Is addicted to a controlled substance or
alcohol;
(E) Has threatened or has actually detained the
child with the intent to retain or conceal the child from the other parent or
from a third person who has legal custody: Provided, That a parent’s
temporary residence with the child in a domestic violence shelter shall not be
construed as evidence of the parent’s intent to retain or conceal the child
from the other parent; or
(E)(F) Has been involuntarily
committed to a mental health facility, or suffers from a serious mental
illness;
(5) Whether an equal (50-50) physical allocation is:
(A) Impractical because of due to the
physical distance between the parents’ residences;
(B) Impractical due to the cost and difficulty of
transporting the child;
(C) Impractical due to each parent’s and the
child’s daily schedules;
(D) Would disrupt the education of the child; or
(E) Contrary to the firm and reasonable
preferences of a child who is 14 years of age or older; and to accommodate, if
the court determines it is in the best interests of the child, the firm and
reasonable preferences of a child under 14 years of age, but sufficiently
matured that he or she can intelligently express a voluntary preference for one
parent;
(6) Whether the parents cannot work cooperatively
and collaboratively in the best interest of the child; or
(7) Whether a parent will encourage and accept a
positive relationship between the child and the other parent, including which
parent is more likely to keep the other parent involved in the child’s life and
activities.
§48-9-401.
Modification upon showing of changed circumstances or harm.
(a) Except as provided in section 9-402 or 9-403,
§48-9-402 or §48-9-403 of this code, a court shall modify a parenting
plan order if it finds, on the basis of facts that were not known or have
arisen since the entry of the prior order and were not anticipated therein
in the prior order, that a substantial change has occurred in the
circumstances of the child or of one or both parents and a modification is
necessary to serve the best interests of the child.
(b) In exceptional circumstances, a court may modify
a parenting plan if it finds that the plan is not working as contemplated and
in some specific way is manifestly harmful to the child, even if a substantial
change of circumstances has not occurred.
(c) Unless the parents have agreed otherwise, the
following circumstances do not justify a significant modification of a
parenting plan except where harm to the child is shown:
(1) Circumstances resulting in an involuntary loss of
income, by loss of employment or otherwise, affecting the parent’s economic
status;
(2) A parent’s remarriage or cohabitation, except
under the circumstances set forth in §48-9-209(f) of this code; and
(3) Choice of reasonable caretaking arrangements for
the child by a legal parent, including the child’s placement in day care.
(d) For purposes of subsection (a) of this section,
the occurrence or worsening of a limiting factor, as defined in subsection
(a), section 9-209, §48-9-209(a) of this code, after a parenting
plan has been ordered by the court, constitutes a substantial change of
circumstances and measures shall be ordered pursuant to section 9-209 §48-9-209
of this code, to protect the child or the child’s parent.
§48-9-402. Modification without showing of
changed circumstances.
(a) The court shall modify a parenting plan in accordance with a
parenting agreement, unless it finds that the agreement is not knowing and
voluntary or that it would be harmful to the child.
(b) The court may modify any provisions of the
parenting plan without the showing of change the changed
circumstances required by §48-9-401(a) of this code, if the modification
is in the child’s best interests, and the modification:
(1) Reflects the de facto arrangements under which
the child has been receiving care from the petitioner, without objection, in
substantial deviation from the parenting plan, for the preceding six months
before the petition for modification is filed, provided the arrangement is not
the result of a parent’s acquiescence resulting from the other parent’s
domestic abuse;
(2) Constitutes a minor modification in the plan;
or
(3) Is necessary to accommodate the reasonable and
firm preferences of a child who, has attained the age of fourteen 14;
or
(4) Is necessary to accommodate the reasonable and
firm preferences of a child who, is under the age of fourteen 14 and,
in the discretion of the court, is sufficiently matured that he or she can
intelligently express a voluntary preference;
(c) Evidence of repeated filings of fraudulent
reports of domestic violence or child abuse is admissible in a domestic
relations action between the involved parties when the allocation of custodial
responsibilities is in issue, and the fraudulent accusations may be a factor
considered by the court in making the allocation of custodial responsibilities.
§48-9-602.
Designation of custody for the purpose of other state and federal statutes.
Solely for the purposes of all other state and
federal statutes which require a designation or determination of custody, a
parenting plan shall designate the parent with whom the child is scheduled to
reside the majority of the time as the custodian of the child. However, this
designation shall not affect either parent’s rights and responsibilities under
a parenting plan. In the absence of such a designation, the parent with whom
the child is scheduled to reside the majority of the time is deemed considered
to be the custodian of the child for the purposes of such federal and state
statutes. When a court orders that custodial allocation shall be on an equal
(50-50) basis, the court shall also specify in its order which parent may claim
state and federal income tax deductions and exemptions for the child or
children.: Provided, That such claims to state and federal income
tax deductions and exemptions for the child or children may alternate between
parents year to year.
§48-9-603.
Effect of enactment; operative dates.
(a) The enactment of
this article, formerly enacted as article eleven of this chapter during the
second extraordinary session of the 1999 Legislature, is prospective in
operation unless otherwise expressly indicated.
(b) The provisions of §48-9-202 of this code,
insofar as they provide for parent education and mediation, became operative on
January 1, 2000. Until that date, parent education and mediation with regard to
custody issues were discretionary unless made mandatory under a particular
program or pilot project by rule or direction of the Supreme Court of Appeals
or a circuit court.
(c) The provisions of this article that authorize
the court, in the absence of an agreement of the parents, to order an
allocation of custodial responsibility and an allocation of significant
decision-making responsibility became operative on January 1, 2000, at which
time the primary caretaker doctrine was replaced with a system that allocates
custodial and decision-making responsibility to the parents in accordance with
this article. Any order entered prior to January 1, 2000, based on the primary
caretaker doctrine remains in full force and effect until modified by a court
of competent jurisdiction.
(d) (a) The amendments to this chapter made
enacted during the 20212 session of the Legislature shall
become applicable upon the effective date of those amendments. Any order
entered prior to the effective date of those amendments remains in full force
and effect until modified by a court of competent jurisdiction.
(b) The amendments to this chapter enacted during
the 2022 Regular Legislative Session regular session of the Legislature,
2022, do not constitute a change in circumstances or other basis for
modification under §48-9-401 or §48-9-402 of this code.
(e) (c) The amendments to this
chapter enacted during the regular session of the Legislature, 2022,
2022 Regular Legislative Session shall become applicable upon the effective
date of those amendments. Any order entered prior to the effective date of
those amendments remains in full force and effect until modified by a court of
competent jurisdiction.
(d) The amendments to this chapter enacted during
the 2022 Regular Legislative Session regular session of the Legislature,
2022, shall be known as the 2022 Best Interest of the Child Act.”
Delegate Pritt moved to amend the amendment on page 3, section
203(e), After “decision” strike the period and insert the following: “;
provided, that the doctrine of res judicata shall not be applied or construed
to preclude the court from making new findings of fact that are different than
or contrary to such findings of fact.”
Whereupon,
Delegate Pritt obtained unanimous consent to reform the amendment
as follows:
On page 3, section 203(e), After “decision” strike the period and
insert the following: “; provided, that the doctrine of res judicata or
collateral estoppel shall not be applied or construed to preclude the court
from making new findings of fact that are different than or contrary to such
findings of fact.”
The question being on the adoption of the reformed amendment, the
same was put and the amendment was adopted.
Delegate Pritt moved to amend the amendment on page 13, at the
end of subsection (4), by striking “or” And inserting the following after
“fraudulent.”:”(6) has threatened to ask for an equal (“50-50”) custodial
responsibility allocation to obtain a better settlement on other issues or to
otherwise influence the actions of the other parent; provided, that this
provision shall be construed in accordance with West Virginia Rule of Evidence
408.”
On the question of the adoption of the amendment, division was
called for and the Speaker declared the amendment lost.
Unanimous consent was then obtained to consider the following
amendments, offered by Delegate Pritt, together and they were adopted:
On page 13, section 209(b), after the phrase “If a parent”, by
inserting the following: “or another person regularly in the household of the
parent”.
On page 14, section 209(c), After “If a parent”, by inserting the
following: “or a person regularly in the home of the parent”.
And,
On page 17, after “Whether a parent, partner, or other person living”,
by inserting the following: “or regularly”.
Delegate Pritt then moved to amend the bill on page 17, after the
phrase: “Is unwilling or unable to perform”, by inserting the following: “an
equal amount of”; and, after “of this code” by inserting the following: “or is
otherwise not available to care for the child on an equal basis.”
The question being on the adoption of the amendment, the same was
put and did not prevail.
Delegate Pritt moved to amend the bill on page 17, after the
phrase: “mental illness;”, by inserting the following: “(G) Has verbally abused
the child, denigrated the child, or denigrated a parent of the child in the
child’s presence;”.
Speaker Pro Tempore Howell in the Chair
The question being on the adoption of the amendment, to the
amendment, the same was put and did not prevail.
The Judiciary Committee amendment, as amended, was
then adopted.
The bill was then ordered to third reading.
Com. Sub. for S. B. 486, Allowing PERS
retirees to designate special needs trust as beneficiary; on second reading,
coming up in regular order, was read a second time.
On motion of Delegates Householder and Capito, the
bill was amended on page 1, following the article heading, by striking section
2 in its entirety and inserting in lieu thereof the following:
Ҥ5-10-2.
Definitions.
Unless a different meaning is clearly indicated by
the context, the following words and phrases as used in this article have the
following meanings:
(1) ‘Accumulated contributions’ means the sum of all
amounts deducted from the compensations of a member and credited to his or her
individual account in the members’ deposit fund, together with regular interest
on the contributions;
(2) ‘Accumulated net benefit’ means the aggregate
amount of all benefits paid to or on behalf of a retired member;
(3) ‘Actuarial equivalent’ means a benefit of equal
value computed upon the basis of a mortality table and regular interest adopted
by the board of trustees from time to time: Provided, That when used in
the context of compliance with the federal maximum benefit requirements of
Section 415 of the Internal Revenue Code, actuarial equivalent shall be
computed using the mortality tables and interest rates required to comply with
those requirements;
(4) ‘Annuity’ means an annual amount payable by the
retirement system throughout the life of a person. All annuities shall be paid
in equal monthly installments, rounding to the upper cent for any fraction of a
cent;
(5) ‘Annuity reserve’ means the present value of all
payments to be made to a retirant or beneficiary of a retirant on account of
any annuity, computed upon the basis of mortality and other tables of
experience, and regular interest, adopted by the board of trustees from time to
time;
(6) ‘Beneficiary’ means any person (which shall
include an irrevocable special needs trust, as that term is defined in §5-10-2
of this code, for the benefit of one individual beneficiary and which trust
terminates upon the death of such individual with no further annuity benefits
being payable), except a retirant, who is entitled to, or will be entitled
to, an annuity or other benefit payable by the retirement system;
(7) ‘Board of Trustees’ or ‘board’ means the Board of
Trustees of the West Virginia Consolidated Public Retirement System Board;
(8) ‘Compensation’ means the remuneration paid a
member by a participating public employer for personal services rendered by the
member to the participating public employer. In the event a member’s
remuneration is not all paid in money, his or her participating public employer
shall fix the value of the portion of the remuneration which is not paid in
money: Provided, That members hired in a position for the first time on
or after July 1, 2014, who receive nonmonetary remuneration shall not have
nonmonetary remuneration included in compensation for retirement purposes and
nonmonetary remuneration may not be used in calculating a member’s final
average salary. Any lump sum or other payments paid to members that do not constitute
regular salary or wage payments are not considered compensation for the purpose
of withholding contributions for the system or for the purpose of calculating a
member’s final average salary. These payments include, but are not limited to,
attendance or performance bonuses, one-time flat fee or lump sum payments,
payments paid as a result of excess budget, or employee recognition payments.
The board shall have final power to decide whether the payments shall be
considered compensation for purposes of this article;
(9) ‘Contributing service’ means service rendered by
a member within this state and for which the member made contributions to a
public retirement system account of this state, to the extent credited him or
her as provided by this article;
(10) ‘Credited service’ means the sum of a member’s
prior service credit, military service credit, workers’ compensation service
credit and contributing service credit standing to his or her credit as
provided in this article;
(11) ‘Employee’ means any person who serves regularly
as an officer or employee, full time, on a salary basis, whose tenure is not
restricted as to temporary or provisional appointment, in the service of, and
whose compensation is payable, in whole or in part, by any political subdivision,
or an officer or employee whose compensation is calculated on a daily basis and
paid monthly or on completion of assignment, including technicians and other
personnel employed by the West Virginia National Guard whose compensation, in
whole or in part, is paid by the federal government: Provided, That an
employee of the Legislature whose term of employment is otherwise classified as
temporary and who is employed to perform services required by the Legislature
for its regular sessions or during the interim between regular sessions and who
has been or is employed during regular sessions or during the interim between
regular sessions in seven or more consecutive calendar years, as certified by
the clerk of the house in which the employee served, is an employee, any
provision to the contrary in this article notwithstanding, and is entitled to
credited service in accordance with provisions of §5-10-14 of this code:
Provided, however, That members of the legislative body of any political
subdivision and judges commissioners of the state Court of
Claims West Virginia Claims Commission are employees receiving one
year of service credit for each one-year term served and prorated service
credit for any partial term served, anything contained in this article to the
contrary notwithstanding: Provided further, That only a compensated
board member of a participating public employer appointed to a board of a
nonlegislative body for the first time on or after July 1, 2014, who normally
is required to work 12 months per year and 1040 hours of service per year is an
employee. In any case of doubt as to who is an employee within the meaning of
this article, the board of trustees shall decide the question;
(12) ‘Employer error’ means an omission,
misrepresentation, or deliberate act in violation of relevant provisions
of the West Virginia Code or of the West Virginia Code of State Regulations or
the relevant provisions of both the West Virginia Code and of the West Virginia
Code of State Regulations by the participating public employer that has
resulted in an underpayment or overpayment of contributions required; A
deliberate act contrary to the provisions of this section by a participating
public employer does not constitute employer error
(13) ‘Final average salary’ means either of the
following: Provided, That salaries for determining benefits during any
determination period may not exceed the maximum compensation allowed as
adjusted for cost of living in accordance with §5-10D-7 of this code and
Section 401 (a) (17) of the Internal Revenue Code: Provided, however,
That the provisions of §5-10-22h of this code are not applicable to the
amendments made to this subdivision during the 2011 regular session of the
Legislature;
(A) The average of the highest annual compensation
received by a member, including a member of the Legislature who participates in
the retirement system in the year 1971 or thereafter, during any period of
three consecutive years of credited service contained within the member’s 15
years of credited service immediately preceding the date his or her employment
with a participating public employer last terminated: Provided, That for
persons who were first hired on or after July 1, 2015, any period of five
consecutive years of contributing service contained within the member’s fifteen
years of credited service immediately preceding the date his or her employment
with a participating public employer last terminated; or
(B) If the member has less than five years of
credited service, the average of the annual rate of compensation received by
the member during his or her total years of credited service; and in
determining the annual compensation, under either paragraph (A) or (B) of this
subdivision, of a member of the Legislature who participates in the retirement
system as a member of the Legislature in the year 1971, or in any year
thereafter, his or her actual legislative compensation (the total of all
compensation paid under §4-2A-2, §4-2A-3, §4-2A-4, and §4-2A-5 of this code),
in the year 1971, or in any year thereafter, plus any other compensation he or
she receives in any year from any other participating public employer including
the State of West Virginia, without any multiple in excess of one times his or
her actual legislative compensation and other compensation, shall be used: Provided,
That final average salary for any former member of the Legislature or for any
member of the Legislature in the year 1971 who, in either event, was a member
of the Legislature on November 30, 1968, or November 30, 1969, or November 30,
1970, or on November 30 in any one or more of those three years and who
participated in the retirement system as a member of the Legislature in any one
or more of those years means: (i) Either, notwithstanding the provisions of
this subdivision preceding this proviso, $1,500 multiplied by eight, plus the
highest other compensation the former member or member received in any one of
the three years from any other participating public employer including the
State of West Virginia; or (ii) final average salary determined in accordance
with paragraph (A) or (B) of this subdivision, whichever computation produces
the higher final average salary, and in determining the annual compensation
under subparagraph (ii) of this paragraph, the legislative compensation of the
former member shall be computed on the basis of $1,500 multiplied by eight, and
the legislative compensation of the member shall be computed on the basis set
forth in the provisions of this subdivision immediately preceding this
paragraph or on the basis of $1,500 multiplied by eight, whichever computation
as to the member produces the higher annual compensation;
(14) ‘Internal Revenue Code’ means the Internal
Revenue Code of 1986, as amended, codified at Title 26 of the United States
Code;
(15) ‘Limited credited service’ means service by
employees of the West Virginia Educational Broadcasting Authority, in the
employment of West Virginia University, during a period when the employee made
contributions to another retirement system, as required by West Virginia
University, and did not make contributions to the Public Employees Retirement
System: Provided, That while limited credited service can be used for
the formula set forth in §5-10-21(e) of this code, it may not be used to
increase benefits calculated under §5-10-22 of this code;
(16) ‘Member’ means any person who has accumulated
contributions standing to his or her credit in the members’ deposit fund;
(17) ‘Participating public employer’ means the State
of West Virginia, any board, commission, department, institution or spending
unit and includes any agency created by rule of the Supreme Court of Appeals
having full-time employees, which for the purposes of this article is
considered a department of state government; and any political subdivision in
the state which has elected to cover its employees, as defined in this article,
under the West Virginia Public Employees Retirement System;
(18) ‘Plan year’ means the same as referenced in
§5-10-42 of this code;
(19) ‘Political subdivision’ means the State of West
Virginia, a county, city or town in the state; a school corporation or
corporate unit; any separate corporation or instrumentality established by one
or more counties, cities or towns, as permitted by law; any corporation or
instrumentality supported in most part by counties, cities or towns; and any
public corporation charged by law with the performance of a governmental
function and whose jurisdiction is coextensive with one or more counties,
cities or towns: Provided, That any mental health agency participating
in the Public Employees Retirement System before July 1, 1997, is considered a
political subdivision solely for the purpose of permitting those employees who
are members of the Public Employees Retirement System to remain members and
continue to participate in the retirement system at their option after July 1,
1997: Provided, however, That the Regional Community Policing Institute
which participated in the Public Employees Retirement System before July 1,
2000, is considered a political subdivision solely for the purpose of
permitting those employees who are members of the Public Employees Retirement
System to remain members and continue to participate in the Public Employees
Retirement System after July 1, 2000;
(20) ‘Prior service’ means service rendered prior to
July 1, 1961, to the extent credited a member as provided in this article;
(21) ‘Regular interest’ means the rate or rates of
interest per annum, compounded annually, as the board of trustees adopts from
time to time;
(22) ‘Required beginning date’ means April 1 of the
calendar year following the later of: (A) The calendar year in which the member
attains age seventy and one-half years of age 70.5 (if born before
July 1, 1949) or age 72 (if born after June 30, 1949); or (B) the calendar
year in which a member who has attained the age seventy and one-half years
of age and who ceases providing service covered under this retirement
system to a participating employer;
(23) ‘Retirant’ means any member who commences an
annuity payable by the retirement system;
(24) ‘Retirement’ means a member’s withdrawal from
the employ of a participating public employer and the commencement of an
annuity by the retirement system;
(25) ‘Retirement system’ or ‘system’ means the West
Virginia Public Employees Retirement System created and established by this
article;
(26) ‘Retroactive service’ means: (1) Service between
July 1, 1961, and the date an employer decides to become a participating member
of the Public Employees Retirement System; (2) service prior to July 1, 1961,
for which the employee is not entitled to prior service at no cost in
accordance with 162 CSR 5.13 5.12; and (3) service of any member
of a legislative body or employees of the State Legislature whose term of
employment is otherwise classified as temporary for which the employee is
eligible, but for which the employee did not elect to participate at that time;
(27) ‘Service’ means personal service rendered to a
participating public employer by an employee of a participating public
employer; and
(28) ‘Special needs trust’ means a trust
established pursuant to §44D-8B-13 of this code for an individual beneficiary
with a disability and such special needs trust is or will become irrevocable by
the time the retiree names the special needs trust as the beneficiary of
retirant’s annuity benefits in place of the individual beneficiary and
terminates upon the death of the individual beneficiary with no further annuity
benefits being payable; and
(29) ‘State’ means the State of West Virginia.”
The bill was then ordered to third reading.
Com. Sub. for S. B. 498, Creating Anti-Racism
Act of 2022; on second reading, coming up in regular order, was read a second
time.
An amendment, recommended by the Committee on the Judiciary, was
reported by the Clerk on page one, by striking out everything after the
enacting clause and inserting in lieu thereof the following:
“CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF
EDUCATION.
§18-2-9b.
Anti-Racism Act of 2022.
(a) A school district, a public charter school,
the West Virginia Board of Education, the West Virginia Department of
Education, or any employee of the aforementioned entities, within the scope of
his or her employment, may not require or otherwise compel a student, teacher,
administrator, or other employee to affirm, adopt, or adhere to any of the
following concepts:
(1) One race is inherently, morally, or
intellectually superior to another race;
(2) An individual, by virtue of the individual’s
race, is inherently racist or oppressive, whether consciously or unconsciously;
(3) An individual should be discriminated against
or receive adverse treatment solely or partly because of the individual’s race;
(4) An individual’s moral character is determined
by the individual’s race; or
(5) An individual, by virtue of the individual’s
race, bears responsibility for actions committed by other members of the same
race.
(b) Nothing in subsection (a) of this section
prohibits:
(1) The discussion of those concepts in theory as
part of an academic course;
(2) The discussion, examination, or debate
regarding race and its impact on historical or current events, including the
causes of those current or historical events; or
(3) The right to freedom of speech protected by
the First Amendment of the United States Constitution and the West Virginia
Constitution.
(c) Any student, parent or guardian of a student,
or employee aggrieved by an alleged violation of this section may file a
complaint with the school principal. Upon an adverse ruling or no ruling within
10 business days by the school principal, any complainant may file an appeal to
the county superintendent. Upon an adverse ruling or no ruling within 10
business days by the county superintendent, any complainant may file an appeal
to the state superintendent. The state superintendent shall make forms
available for students, parents or guardians of a student, and employees to
file complaints and appeals pursuant to this subsection.
(d) Each school principal shall report the number
of complaints, the nature of each complaint, and the resolution of each
complaint filed with him or her the previous school year, to the county
superintendent by August 1 each year. The county superintendent shall report
the number of complaints, the nature of each complaint, and the resolution of
each complaint filed with him or her the previous school year, to the state
superintendent by September 1 each year. The state superintendent, or his or
her designee, shall report the number of complaints, the nature of each
complaint, and the resolution of each complaint filed with him or her the
previous school year, to the Legislative Oversight Commission on Education
Accountability by October 1 each year.
(e) The Board of Education is authorized to promulgate rules consistent
with this section pursuant to §29A-3B-1 et seq. of this code.”
Delegates Hornbuckle, Evans Doyle, Walker, Thompson and Griffith
moved to amend the amendment on page 1, beginning at the section heading, by
striking out the remainder of the amendment and inserting in lieu thereof, the
following:
Ҥ18-2-9b.
American History Enrichment Act.
(a) Legislative findings - The West Virginia
Legislature finds that African Americans, Native Americans, women, and other
historic minorities have contributed greatly to our communities, the State of
West Virginia and to our country. Because these citizens have in the past been
excluded from the economic and social opportunities afforded other Americans,
their ability to contribute and their role in our collective history has been
diminished and denied, and many of their contributions have been under
recognized. Many Americans have struggled reconciling the portion of our
collective history that was racist and exclusionary with the broader narrative
of the great beacon of democracy we as a country have strived to be and have
become closer to realize. As time passes and our interpretation of our history
turns into a longer view, it is appropriate to review how our collective story
is told, particularly to our next generation of West Virginians and Americans,
and to provide them a fair and accurate recounting that respects all of the
citizens of the past and honors but also addresses painful truths about our
history. Therefore, the purpose of this section is to establish a Commission on
American History Enrichment, comprised of experts in state and national history
and student curriculum, to be coordinated with the State Department of
Education, to review, recommend, and revise lessons taught the students of the
state that includes fair representations of all West Virginians and Americans,
and particularly the underrepresented history of the African Americans, Native
Americans, women, and other historic minorities in our communities, state, and
nation to allow us to better understand our past so to help us to look to a
brighter future.
(b) There is hereby created the Commission on
American History Enhancement within the West Virginia Department of Education.
The Commission shall consist of the following members:
(1) A faculty member from Marshall University
recommended by the Carter G. Woodson Lyceum as recommended by the President of
Marshall University;
(2) A faculty member from West Virginia
University’s Center for Women and Gender Studies as recommended by the President
of West Virginia University;
(3) A faculty member from West Virginia State
University as appointed by the President of West Virginia State University;
(4) The Executive Director of the Bill and Bonnie
Stubblefield Institute for Civil Political Communication at Shepard University,
or his or her designee;
(5) A representative of the State Board of
Education as appointed by the board, who shall serve as chair of the
commission;
(6) Three public school teachers with an expertise
in history or curriculum as appointed by the state board of education; and
(7) Three public school teachers representing
historic minorities of this state or country appointed by the state board.
(c) The commission shall meet periodically at the
call of the chair or by request of a majority of the members. The commission
shall review existing course materials for any history lesson plans, books and
material revisions and determine any appropriate revisions to content and
design are appropriate due to a lack of balance and consideration of the role
and treatment of historic minorities in the history of West Virginia and the
United States. The commission shall develop recommendations for age-appropriate
lesson plans for history courses for public schools. The commission shall at least
annually provide a report to the state school board of its recommendations for
any of these curriculum changes.
(d) All actual and necessary travel expenses and
per diem pay of the members of the commission shall be reimbursed by the
Department of Education. The per diem pay for commission members shall be the
same as for members of the Legislature pursuant to §4-2A-7 of this code.”
Delegate Ellington arose to inquire of the Chair as to the
germaneness of the amendment to the amendment.
The Speaker Pro Tempore ruled that the amendment was not germane
to the purpose of the bill.
Delegate Hornbuckle then challenged the ruling of the Chair,
which appeal was sustained.
Delegate Espinosa, Majority Whip, in the Chair
During debate, points of order were raised by Delegate Steele
regarding remarks by Delegate Fleischauer, and by Delegate Hanna regarding
remarks by Delegate Pushkin, and Delegate Espinosa ruled the points well taken.
Mr. Speaker, Delegate Hanshaw, in the Chair
On the question of sustaining the ruling by Speaker Pro Tempore
Howell, the yeas and nays were demanded, which demand was sustained.
Having been ordered, the yeas and nays were taken (Roll
No. 539), and there were—yeas 75, nays 21, absent and not voting 4, with
the nays and the absent and not voting being as follows:
Nays: Barach, Brown, Diserio, Doyle, Evans,
Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Lovejoy, Pethtel,
Pushkin, Rowe, Skaff, Thompson, Walker, Williams, Young and Zukoff.
Absent and Not Voting: Boggs, Cooper, Pack and
Paynter.
So, a majority of the members present having voted in
the affirmative, the ruling of Speaker Pro Tempore Howell was sustained.
To avoid a potential conflict between two amendments,
the House proceeded to first consider an amendment offered by Delegate Capito
and the amendment was amended on page 2, section 9b, line 19, by striking out
the remainder of the amendment and inserting in lieu thereof the following:
“(c) Any student, parent or
guardian of a student, or employee who believes that this act has been
violated, may file a complaint pursuant to the state board policy on conflict
resolution.
(d) The number, nature and resolution of each
substantiated complaint for the previous year shall be reported as follows:
(1) Each school principal shall report to the
county superintendent by August 1 each year;
(2) The county superintendent shall report to the
state superintendent by September 1 each year; and
(3) The state superintendent, or his or her
designee, shall report to the Legislative Oversight Commission on Education
Accountability by October 1 each year.
(e) If necessary for the implementation of this section, the
Board of Education is authorized to promulgate additional emergency and
legislative rules pursuant to §29A-3B-1 et seq. of this code.”
Delegates Thompson, Hornbuckle, Evans, Doyle, Walker, and
Griffith moved to amend the amendment on page 2, line 36, following the period
by inserting a new subsection to read as follows:
“(e) Prior to initial attainment, or renewal, of a
teaching certificate licensing a teacher in this state to teach in the public
schools or public charter schools, each teacher shall obtain training in
cultural competency. The state board shall approve curriculum for any program
hosting cultural competency training for purposes of meeting the requirements
of this section. The training shall include evaluations on standards of
professional development to include cultural competency and culturally
responsive teaching. The state board may consult with any agency or group which
consults on issues of cultural competency to host trainings which may meet the
requirements of this section. The state board shall partner with state
universities and programs, including, West Virginia University, West Virginia
State University, and Marshall University’s Carter G. Woodson Lyceum, to host
workshops meeting the criteria of this section. For purposes of this section,
the term “cultural competency” shall mean education on different cultural
traditions, practices, world views, and language usage that exist in our
society based on ethnicity, race, or other factors that reflect the diversity
of American society.”
In the absence of objection, the amendment was
reformed as follows:
“(f) Prior to initial attainment, or renewal, of a
teaching certificate licensing a teacher in this state to teach in the public
schools or public charter schools, each teacher shall obtain training in
cultural competency. The state board shall approve curriculum for any program
hosting cultural competency training for purposes of meeting the requirements
of this section. The training shall include evaluations on standards of
professional development to include cultural competency and culturally
responsive teaching. The state board may consult with any agency or group which
consults on issues of cultural competency to host trainings which may meet the
requirements of this section. The state board shall partner with state
universities and programs, including, West Virginia University, West Virginia
State University, and Marshall University’s Carter G. Woodson Lyceum, to host
workshops meeting the criteria of this section. For purposes of this section,
the term “cultural competency” shall mean education on different cultural
traditions, practices, world views, and language usage that exist in our
society based on ethnicity, race, or other factors that reflect the diversity
of American society.”
On the adoption of this amendment to the amendment,
the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were
taken (Roll No. 540), and there were—yeas 23, nays 73, absent and not
voting 4, with the yeas and the absent and not voting being as follows:
Yeas: Barach, Brown, Diserio, Doyle, Evans,
Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Kessinger,
Lovejoy, Pethtel, Pushkin, Rowe, Skaff, Thompson, Tully, Walker, Williams,
Young and Zukoff.
Absent and Not Voting: Boggs, Cooper, Pack and
Paynter.
So, a majority of the members present not having
voted in the affirmative, the amendment to the amendment was rejected.
The Judiciary Committee amendment, as amended, was
then adopted.
The bill was ordered to third reading.
Com. Sub. for S. B. 530, Encouraging
public-private partnerships in transportation; on second reading, coming up in
regular order, was read a second time.
An amendment, recommended by the Committee on
Government Organization, was reported by the Clerk and adopted, amending the
bill on page 4, section 4, lines 4-6 by unstriking the entire sentence and
provisio starting with “The review shall... “ and adding in the word, after the
words “review of” on line 6, “an unsolicited” and adding after the word
“proposal” the following “or proposals” and,
To amend the bill on page 8, section 5, line 74, by
adding the following: “Provided, That moneys used by the state road fund
shall not exceed $100 million.” And,
To amend the bill on page 14, section 9, line 65,
before the period the following: “and the commissioner shall provide notice
to the public”
The bill was ordered to third reading.
At 6:23 p.m., on motion of Delegate Summers, the House of
Delegates recessed for fifteen minutes.
* * * * * * *
Evening Session
* * * * * * *
The House of Delegates was called to order by the Honorable Roger
Hanshaw, Speaker.
Reordering of the Calendar
During the recess, Com. Sub. for S. B. 533, Com. Sub. for S. B.
536, S. B. 548, Com. Sub. for S. B. 550, Com. Sub. for S. B. 552, Com. Sub. for
S. B. 568, Com. Sub. for S. B. 573, Com. Sub. for S. B. 574, Com. Sub. for S.
B. 582, Com. Sub. for S. B. 588, Com. Sub. for S. B. 590, Com. Sub. for S. B.
606, Com. Sub. for S. B. 609, Com. Sub. for S. B. 610, Com. Sub. for S. B. 611,
S. B. 617, Com. Sub. for S. B. 647, Com. Sub. for S. B. 653, Com. Sub. for S.
B. 656, Com. Sub. for S. B. 659, Com. Sub. for S. B. 662, Com. Sub. for S. B.
668, S. B. 685, S. B. 686, S. B. 711, S. B. 714 and S. B. 726 on Second
Reading, Special Calendar, were transferred to the House Calendar by the
Committee on Rules.
Special Calendar
Second Reading
- continued –
S. B. 729, Relating to funding for
infrastructure and economic development projects in WV; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance
was reported by the Clerk and adopted on page 1, following the enacting clause,
by striking the remainder of the bill in its entirety and inserting in lieu
thereof the following:
“CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 6C. WEST VIRGINIA BOARD OF TREASURY
INVESTMENTS.
§12‑6C‑11.
Legislative findings; loans for industrial development; availability of funds
and interest rates.
(a) The Legislature finds and declares that the
citizens of the state benefit from the creation of jobs and businesses within
the state; that business and industrial development loan programs provide for
economic growth and stimulation within the state; that loans from pools
established in the Consolidated Fund will assist in providing the needed
capital to assist business and industrial development; and that time
constraints relating to business and industrial development projects prohibit
duplicative review by both the board and West Virginia Economic Development
Authority Board.
(b) Subject to a liquidity determination, the West
Virginia Board of Treasury Investments shall make a revolving loan available to
the West Virginia Economic Development Authority in an amount of up to $200
million. The revolving loan shall be used for business or industrial
development projects authorized by §31-15-7 of this code and to consolidate
existing loans authorized to be made to the West Virginia Economic Development
Authority pursuant to this section and pursuant to §31-15-20 of this code which
authorizes a $150 million revolving loan and §31-18B-1 et seq. of this
code which authorizes a $50 million investment pool: Provided, That the
West Virginia Economic Development Authority may not loan more than $15 million
for any one business or industrial development project. The
revolving loan authorized by this subsection shall be secured by one note at a
variable interest rate equal to 50 percent of the West Virginia Economic
Development Authority’s weighted average interest rate for outstanding loans in
the Business and Industrial Development Loan Program authorized by §31-15-7 of
this code. The rate may not be lower than 1.50 percent and must be reset on
July 1 of each year. Monthly payments made by the West Virginia Economic
Development Authority to the board shall be calculated on a 120-month
amortization. The revolving loan is secured by a security interest that pledges
and assigns the cash proceeds of collateral from all loans under this revolving
loan pool. The West Virginia Economic Development Authority may also pledge as
collateral certain revenue streams from other revolving loan pools which source
of funds does not originate from federal sources or from the board.
(c) The outstanding principal balance of the
revolving loan from the board to the West Virginia Economic Development
Authority may at no time exceed 103 percent of the aggregate outstanding
principal balance of the business and industrial loans from the West Virginia
Economic Development Authority to economic development projects funded from
this revolving loan pool. The independent audit of the West Virginia Economic
Development Authority financial records shall annually certify that 103 percent
requirement.
(d) The interest rates and maturity dates on the
loans made by the West Virginia Economic Development Authority for business and
industrial development projects authorized by §31-15-7 of this code shall be at
competitive rates and maturities as determined by the West Virginia Economic
Development Authority Board.
(e) Any and all outstanding loans made by the West
Virginia Board of Treasury Investments, or any predecessor entity, to the West
Virginia Economic Development Authority are refundable by proceeds of the
revolving loan contained in this section and the board shall make no loans to
the West Virginia Economic Development Authority pursuant to §31-15-20 of this
code or §31-18B-1 et seq. of this code.
(f) The directors of the West Virginia Board of
Treasury Investments shall bear no fiduciary responsibility with regard to any
of the loans contemplated in this section.
(g) Inspection of records. – Within 30 days of
receiving a written request from the board, the authority shall provide the
board with the opportunity to inspect and copy any records in the custody of
the authority related to any loan issued by the board to the authority or any
loan from the authority to a third party funded by a loan issued by the board.
Records to be made available pursuant to this subsection include, but are not
limited to, accounting records, loan applications, loan agreements, board
minutes, audit reports, and transaction records. Records of the authority
held, from time to time, by the board pursuant to this subsection that are
exempt from disclosure pursuant to the provisions of §31-15-22 of this code or
§29B-1-1 et seq. of this code shall remain so while held by the board.
(h) Notwithstanding any other provision of this
code to the contrary, the West Virginia Economic Development Authority shall
pay to the West Virginia Board of Treasury Investments the entire outstanding
balance of the revolving loan authorized by this section within 30 days of the
balance in the Economic Development Project Fund created in §31-15-23a of this
code becoming $600 million or more. Upon the repayment of the outstanding loan
balance, the revolving loan authorized by this section shall terminate and no
additional loan moneys shall be made available to the West Virginia Economic
Development Authority pursuant to this section.
§12‑6C‑11b.
Infrastructure investment reimbursement fund.
(a) The West Virginia Board of Treasury
Investments shall make available to the Department of Transportation, subject
to a liquidity determination, a revolving loan of up to $200 million from the
Consolidated Fund for the purposes authorized by this section. The loan moneys
shall be deposited in a special revenue fund, known as
the Infrastructure Investment Reimbursement Fund.
(b) The Board of Treasury Investments shall make
the loan moneys authorized by this section available upon receipt of the
following:
(1) A written request by the Secretary of the
Department of Transportation that the board deposit a specific amount of loan
moneys, subject to the limitations provided in this section, into the
Infrastructure Investment Reimbursement Fund;
(2) A written statement by the Secretary of the
Department of Transportation certifying that the Department of Transportation
will use the loan moneys for expenditures meeting the requirements of
subsection (c) of this section; and
(3) Copies of any available documents
demonstrating that the planned expenditures of loan moneys meet the
requirements of subsection (c) of this section, including but not limited to
any agreement or contract entered into by the Department of Transportation and
the federal government.
(c) The Secretary of the Department of
Transportation may authorize expenditures from the Infrastructure Investment
Reimbursement Fund that qualify for cost reimbursement according to an
agreement with the federal government pursuant to the Infrastructure Investment
and Jobs Act, Public Law 117-58, 135 Stat. 429 (2021): Provided, That
the Secretary may also authorize expenditures to political subdivisions of the
state pursuant to agreements they may have with the federal government pursuant
to the Infrastructure Investment and Jobs Act, Public Law 117-58, 135 Stat. 429
(2021). If the federal reimbursement to the Department of Transportation or a
political subdivision of the state pursuant to an agreement is less than one hundred
percent of the amount that must be expended by the Secretary or political
subdivision, the Secretary may only request an amount equal to the expected
reimbursement.
(d) Upon receiving moneys from the federal
government to reimburse for expenditures from the Infrastructure Investment
Reimbursement Fund, the Secretary of the Department of Transportation or
political subdivision shall immediately reimburse the Infrastructure Investment
Reimbursement Fund in an amount equal to the pro rata amount the expenditure
from the fund is to the whole reimbursement payment.
(e) Any balance remaining in the fund at the end
of each fiscal year shall be transferred to the Consolidated Fund. If, at any
time during a fiscal year, the secretary determines that the balance in the
fund exceeds the amount required for expenditures authorized in subsection (c)
of this section, the Secretary shall provide notice of said determination to
the Board of Treasury Investments and the balance of the fund shall be
transferred to the Consolidated Fund.
(f) The secretary shall prepare and submit a
quarterly report to the Joint Committee on Government and Finance, the Board of
Treasury Investments, and the Governor which shall include, at a minimum:
(1) The aggregate outstanding amount of the loan
authorized by this section; and
(2) For each project for which loan moneys were
expended, the status of the project, the estimated completion date of the
project, the amount of loan moneys expended for the project, the amount of
state road moneys expended for the project, the amount of federal reimbursement
moneys received for the project, and the remaining amount of federal
reimbursement moneys projected to be received for the project.
(g) Upon request of the Board of Treasury
Investments, the Secretary of the Department of Transportation shall provide
the board with the opportunity to inspect and copy any records in the custody
of the Department related to any transaction involving the Infrastructure
Investment Reimbursement Fund. Records to be made available pursuant to this
subsection include, but are not limited to, accounting records, contracts or
agreements, audit reports, and transaction records.
CHAPTER 31.
CORPORATIONS.
ARTICLE 15. WEST VIRGINIA ECONOMIC DEVELOPMENT
AUTHORITY.
§31-15-20. Authority of the Board of
Investments.
[Repealed].
§31‑15‑23a. Economic
Development Project Fund.
(a) For the purposes of this section, the term
“high impact development project” means a project meeting the following criteria,
according to a resolution adopted in a meeting of the authority:
(1) The project has been approved for financing by
the authority in an amount of $50 million or greater;
(2) The development agency or enterprise
undertaking the project will privately invest an amount of $50 million or
greater in the project; and
(3) The project is reasonably projected to create
200 or more jobs in the state.
(b) There is hereby created a special revenue fund
in the State Treasury known as the Economic Development Project Fund.
Expenditures from the fund shall be for the purposes set forth in this section
and are not authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the provisions of
§12-3-1 et seq. of this code. The fund shall consist of all moneys
appropriated to the Economic Development Authority during the regular session
of the Legislature, 2022, from available revenue surplus funds, transfers from
the Industrial Development Loans (fund 9061), any earnings or interest accruing
to said fund, and any other moneys appropriated to said fund by the
Legislature.
(c) The Economic Development Authority shall
transfer all funds in the Industrial Development Loans (fund 9061) to the
Economic Development Project Fund created by this section and any loan
repayments or other amounts that would otherwise have been paid into the
Industrial Development Loans (fund 9061) shall be paid into the Economic
Development Project Fund created by this section.
(d) The authority may use moneys in the Economic
Development Project Fund to finance projects of industrial development agencies
or enterprises according to the requirements of this article: Provided, That
a minimum of $400 million in the fund must be reserved to finance high impact
development projects.
(e) The authority shall keep itemized records of
all fund transactions and agreements entered into in furtherance of Economic
Development Project Fund expenditures. In administering the fund, the authority
shall adopt appropriate accounting practices and internal controls, including
but not limited to, strict compliance with the requirements of §5A‑8‑9
of this code. Fund transactions shall be subject to an annual audit by
an independent firm of certified public accountants.
(f) The authority shall prepare and submit to the
Joint Committee on Government and Finance and the Governor an annual report
addressing the status of each project with outstanding financing issued
pursuant to this section. The report shall, at a minimum, provide
project-specific data addressing:
(1) The outstanding amount of Authority financing
for each project;
(2) The total amount of private investment in each
project;
(3) The number of jobs created by each project
since the project’s inception; and
(4) The number of jobs maintained by each project.”
The bill was then ordered to third reading.
Miscellaneous Business
Pursuant to House Rule 132, unanimous consent was requested and
obtained to print the remarks of the following Members in the Appendix to the
Journal:
- Delegate Mazzocchi regarding Com. Sub. for S. B. 261
Delegate Miller noted to the Clerk that he was absent when the
vote was taken on Com. Sub. for S. B. 528, and had he been present, he would
have voted “Yea” thereon.
Delegate Summers objected to remarks being made by Delegate
Barach during announcements, which objection was sustained by the Speaker.
At 6:52 p.m., the House of Delegates adjourned until 9:00 a.m.,
Friday, March 11, 2022.
HOUSE
OF DELEGATES
STEPHEN
J. HARRISON, Clerk
Building
1, Room M-212
1900
Kanawha Blvd., East
Charleston,
WV 25305-0470